HUMAN RESOURCES

Effective Date: 07/01/00
Portions Updated: 04/01/09

Policy Statement 13: Leave Benefits


Policy Statement 13a: Leave Benefits - Vacation Leave

  1. Eligibility
    1. All full-time permanent, probationary, and trainee SPA employees who are in pay status for one-half or more of the regularly scheduled workdays and holidays in any month shall earn vacation leave for one full month.
    2. All part-time permanent, probationary, and trainee SPA employees with a half-time or greater appointment type (minimum of twenty hours per week) who are in pay status for one-half or more of the regularly scheduled workdays and holidays shall earn vacation leave on a pro rated basis.
    3. When exhausting leave (i.e., extended leave with pay), an employee is considered to be in pay status and continues to accumulate leave in accordance with the provisions specified above.

  2. Amount Earned
  3. Vacation leave shall be earned according to the hourly rates given in the following table that is based on length of Total State Service. Leave for part-time employees shall be computed as a percentage of total amount provided to a full-time employee.


    Years of Total State Service

    Hours Earned Each Month

    Hours earned in One Year

    Less than 2 years
    7 hrs. 50 mins
    94
    2 but less than 5 years
    9 hrs. 10 mins
    110
    5 but less than 10 years
    11 hrs. 10 mins
    134
    10 but less than 15 years
    13 hrs. 10 mins
    158
    15 but less than 20 years
    15 hrs. 10 mins
    182
    20 years or more
    17 hrs. 10 mins
    206


  4. Maximum Accumulation
  5. Vacation leave may be accumulated without any applicable maximum until December 31 of each calendar year. However, if the employee separates from service, payment for accumulated leave shall not exceed 240 hours. On December 31 any employee with more than 240 hours of accumulated leave shall have the excess accumulation converted to sick leave so that only 240 hours are carried forward to January 1 of the next calendar year.

    Accumulation for part-time employees will be prorated based on the amount of time worked.

  6. Advancement of Vacation Leave
  7. At the discretion of management, an employee may be advanced the amount of leave needed on an individual basis and which can be credited during the remainder of the calendar year. Authorization to advance leave may be granted by the department head. It is the responsibility of the department head to insure that the employee makes up the leave deficiency within the calendar year or repays the University for any overpayment of salary because of overdrawn vacation leave prior to the end of the calendar year or upon termination of employment.

  8. Scheduling Vacation Leave
  9. Vacation leave may be taken only when approved in advance by the supervisor and/or department head who may designate such time or times when it will least interfere with the efficient operation of the department. Employees preferences should be considered and schedules worked out bearing in mind individual and departmental needs.

  10. Uses of Vacation Leave

    The employee may use vacation leave for any personal reason to include the following:
    1. Vacation/Personal
    2. Medical appointments/Illness
    3. Absences from work as a result of adverse weather conditions.
    4. On-the-job injury (see Workers' Compensation)

  11. Leave Charges
    1. Leave shall be charged in units of no less than 5 minutes. Leave to be paid as terminal leave and leave to be exhausted before disability retirement or leave without pay shall be in units of one hour.
    2. Only scheduled work hours shall be charged in calculating the amount of leave taken. For example, Saturdays, Sundays, and/or holidays are charged only if they are scheduled workdays.
    3. Time lost for late reporting may be charged to the vacation leave account when it is not handled under the variable work schedule policy. Deductions should be made from the employee's pay where excessive tardiness or absenteeism occurs.

  12. Payment of Vacation Leave When Separated (See also #9 below - Leave Transferable)
    1. Lump sum payment for leave is made only at the time of separation. An employee will be paid in a lump sum for accumulated leave not to exceed a maximum of 240 hours (prorated for part-time employees) when separated from the University and State service due to resignation, dismissal, reduction in force, or death. An employee is not entitled to any scheduled holiday occurring after the last day of work, except when the last day of the month is a holiday and the employee is in pay status through the last available workday. The employee ceases to accumulate leave and ceases to be entitled to take sick leave. The last day of work is the date of separation.
    2. Employees separating from State service due to service retirement or early retirement may elect to exhaust vacation leave after the last day of work but prior to the effective date of retirement. All benefits accrue while leave is being exhausted. If leave is exhausted, the last day of leave is the date of separation; and any unused leave not exhausted must be paid in a lump sum not to exceed 240 hours. If no leave is exhausted, the last day of work is the date of separation. (Example: An employee retiring effective July 1, 1995, could establish the last day of work as June 16, 1995; then exhaust 80 hours of leave through the end of June and receive the unused balance up to 240 hours, in a lump sum. The date separated would be June 30.)
    3. If an employee separates and is overdrawn on leave, it will be necessary to make deductions from the final salary check. It will be deducted in full hour units, i.e., full hour for any part of an hour overdrawn.

  13. Leave Transferable
  14. Unused leave shall be transferred when an employee transfers between State agencies.

    Unused leave may be transferred to a public school, community college, technical institute, or a local SPA Mental Health, Public Health, Social Services or Emergency Management agency, if the agency is willing to accept the leave; otherwise, the employee leaving State service will be paid in a lump sum for accumulated leave not to exceed 240 hours (prorated for part-time employees). If the local agency or educational institution accepts a part of the leave, the combination of the amount transferred and paid for shall not exceed 240 hours (prorated for part-time employees).

    When an employee from one of these agencies transfers to the University, any unused leave may be transferred.

  15. Personal Leave Without Pay
    1. An employee going on leave without pay may exhaust vacation leave or may retain part or all accumulated leave until the employee returns, with the following exceptions: (1) if an employee has accumulated vacation leave, all leave must be exhausted before going on leave without pay for vacation purposes, or (2) if an employee requests leave for other personal reasons for a period not to exceed 10 workdays, leave must be used if available; however, if the leave is for a period longer than 10 workdays, the employee may choose to use vacation leave or retain it for future use. If leave without pay extends through December 31, any leave accumulation above 240 hours (prorated for part-time employees) shall be converted to sick leave.
    2. Leave without pay within these guidelines for a duration of 10 days or less, including an overdrawn leave balance, may be corrected by sending a memorandum to the Payroll Supervisor, with a carbon copy to the Department of Human Resources requesting an adjustment by the necessary number of hours in the employee's next paycheck. Any leave without pay longer than 10 workdays must be submitted to the Department of Human Resources on a Form P-18 accompanied by the employee's leave record. In addition, any extended leave of absence, i.e., six weeks or more, for vacation, sick, or other personal reasons should be submitted on Form P-18 even if the employee has sufficient leave to cover the entire duration. A subsequent P-18 reinstating the employee must be submitted upon the employee's return to work at which time the leave record will be returned to the department.
    3. Any period of personal leave without pay beyond six month duration granted by the department head must also be approved by the Department of Human Resources.

  16. Maintenance of Vacation Leave Records
    1. It is the responsibility of the department head to insure that proper leave records are maintained for each employee in his/her department. It is advisable that each department, office, or unit designate someone to serve as a "leave clerk" who will maintain employee leave records.
    2. The Department of Human Resources will supply for each employee a Cumulative Record of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3). This form should be used by the leave clerk to maintain daily a permanent record of vacation leave as it is earned and taken during the current calendar year. At the end of the calendar year, the leave record (Form LR-3) should be forwarded to the Department of Human Resources for audit and placement in the employee's file.
    3. In addition, the leave clerk should acquire the Employee Report of Leave Taken (Form LR-4) when approved by the supervisor that will serve as a support document for entries made on the Cumulative Record of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3).


Policy Statement 13b: Leave Benefits - Sick Leave (See also Family/Medical Leave)


  1. Eligibility
    1. All full-time permanent, probationary, and trainee SPA employees who are in pay status for one-half or more of the regularly scheduled workdays and holidays in any month shall earn sick leave for the full month.
    2. All part-time permanent, probationary, and trainee SPA employees with a half-time or greater appointment type (minimum of twenty hours per week) who are in pay status for one-half or more of the regularly scheduled workdays and holidays shall earn sick leave on a prorated basis.

  2. Amount Earned
  3. All eligible employees shall earn sick leave at the rate of 8 hours per month or 96 hours per year for full-time employment. In addition, vacation leave in excess of 240 hours on December 31 of each year shall be converted to sick leave.

  4. Sick Leave Accumulation
  5. Sick leave is cumulative indefinitely.

  6. Advancement of Sick Leave
    1. At the discretion of management, an employee may be advanced sick leave not to exceed the amount an employee can accumulate during the remainder of the current calendar year. Authorization to advance sick leave may be granted by the department head. It is the responsibility of the department head to insure that the employee makes up the leave deficiency within the calendar year or repays the University for any overpayment of salary because of overdrawn sick leave prior to the end of the calendar year or upon termination of employment.
    2. It is important to note that if personal illness continues after all sick leave has been exhausted, it is a usual practice to exhaust any vacation leave that is available. However, if the employee chooses, he or she may retain all or part of their vacation leave by requesting that they be removed from the payroll and placed on leave without pay.

  7. Uses of Sick Leave

    Sick leave is intended for use by the employee when illness or injury occurs that prevents the performance of assigned duties. In addition, sick leave may be used for the following:
    1. Medical appointments.
    2. Period of temporary disability connected with child bearing. (See Parental Leave.)
    3. On-the-job injury. (See Workers' Compensation.)
    4. Illness of a member of the employee's immediate family. For this purpose, immediate family is defined as spouse, parents, children (including step relationships). Leave may also be taken for the illness of other dependents living in the employee's household.
    5. Death of a member of the employee's immediate family. For this purpose, immediate family is defined as spouse, parents, children, brother, sister, grandparents, and grandchildren. Also included are the step, half, and in-law relationships. In the case of a death in the employee's immediate family, the employee must request approval from the department head for use of sick leave.

  8. Verification of Use of Sick Leave
  9. To avoid the abuse of sick leave privileges, the department head may require that the employee submit a statement from a medical doctor or other acceptable proof that the employee was not able to work due to personal illness, family illness or death in the family. However, caution should be exercised to insure that such action is not discriminatory. Also, it is advisable that the employee be given advance warning that this will be required for any future illness.

  10. Leave Charges
  11. Sick leave shall be taken and charged in units of no less than 5 minutes. Only scheduled work hours shall be charged in calculating the amount of leave taken. For example, Saturdays, Sundays, and/or holidays are charged only if they are scheduled workdays.

  12. Disposition of Sick Leave Upon Separation
    1. The employee is not permitted to use or be paid for unused sick leave upon separation. Please note that the date of separation (for reasons other than retirement) is the employee's actual last day of work.
    2. Sick leave may be exhausted prior to participation in the Disability Income Plan.
    3. If an employee separates and is overdrawn on leave, it will be necessary to make deductions from the final salary check. It will be deducted in full hour units, i.e., a full hour for any part of an hour overdrawn.
    4. When an employee retires, creditable service for retirement purposes may be extended by allowing one additional month of service for each 20 days, or any portion thereof, of unused sick leave available upon separation.

  13. Sick Leave Transferable
  14. Unused sick leave shall be transferred when an employee transfers between State agencies. Sick leave may also be transferred to or from a local SPA agency of Mental Health, Public Health, Social Services, or Emergency Management, a public school, community college, or technical institute if the head of the employing agency or school administrative unit is willing to accept it.

  15. Reinstatement of Sick Leave
    1. Sick leave shall be reinstated when an employee returns from authorized leave without pay or when reinstated within five years from any type of separation.
    2. Sick leave may be reinstated when an employee returns to State employment within five years after separating from SPA employment with a local government, public school, community college, or technical institute.

  16. Sick Leave Without Pay
    1. Eligible employees shall be granted leave in accordance with the Family and Medical Leave Policy (See Statement 13d pages 1 through 8) for a period of 12 work weeks. Additional leave without pay up to one year may be granted for the remaining period of disability after the 12 week period as long as it is believed that the employee will return to work. Extension of sick leave without pay beyond one year is subject to approval by the Director of Human Resources.
    2. Accumulated sick leave shall be exhausted during the waiting period required prior to short-term disability. Additional sick leave may be exhausted or it may be retained for future use. The employee may also exhaust vacation leave or may retain part or all of accumulated vacation leave. While exhausting leave, all benefits for which the employee is entitled are credited.

  17. Maintenance of Sick Leave Records

The maintenance of sick leave records is identical to that required for vacation leave.


Policy Statement 13c: Leave Benefits - Voluntary Shared Leave


  1. Purpose
  2. There are occurrences brought about by serious and prolonged medical conditions that cause employees to exhaust available leave and therefore be placed on leave without pay. It is recognized that such employees forced to go on leave without pay could be without income at the most critical point in their work life. Employees who want to assist their fellow workers by donating leave can do so through the Voluntary Shared Leave Program. The intent of this policy is to allow one employee to assist another in case of a prolonged medical condition that results in exhaustion of all earned leave.

  3. General Guidelines
    1. Leave shall be donated on a one-to-one personal basis. Establishment of a leave "bank" for use by unnamed employee is expressly prohibited.
    2. The donation and receipt of leave shall be completely voluntary, and anyone who interferes with an employee's right to choose whether to donate or receive leave shall be subject to disciplinary action on the basis of personal misconduct.
    3. Individual leave records are confidential, and only individuals may reveal their donation or receipt of leave.
    4. The employee donating leave cannot receive remuneration for the leave donated.
    5. All voluntary shared leave donated will be credited to the recipient's sick leave account.
    6. For purposes of this policy, medical condition means medical condition of an employee or their spouse, parents, children, or other dependents (including step and in-law relationships) that is likely to require an employee's absence from duty for a prolonged period, generally considered to be at least 20 consecutive workdays. If an employee has had previouse random absences for the same condition that has caused excessive absences, or if the employee has had a previous, but different, prolonged medical condition within the last twelve months, the agency may make an exception to the 20-day period.
    7. Nonqualifying conditions: The policy will not ordinairly apply to short-term or sporadic conditions or illnesses. This would include such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term, recurring medical or therapeutic treatments. These examples are illustrative, not all inclusive. Each case must be examined and decided based on its conformity to policy intent and must be handled consistently and equitably.
    8. Leave transferred under this program will be available for use on a current basis or may be retroactive for up to 60 calendar days to substitute for leave without pay or advanced vacation or sick leave already granted to the leave recipient.
    9. The Benefits Section in Human Resources at Phone Number 328-4648 can provide forms and answer any questions pertaining to the Voluntary Shared Leave Program.

  4. Recipient Requirements
    1. Employee must be in SPA permanent, probationary, or trainee appointment status, or EPA with leave earning and reporting positions.
    2. Employee or immediate supervisor must complete and forward the Form P-49 (Request To Use Shared Leave) to the Department of Human Resources.
    3. An employee who has a medical condition and who receives benefits from the Disability Income Plan of North Carolina (DIPNC) is not eligible to participate in the shared leave program.
    4. An employee may have no more than 40 hours of combined vacation and sick leave in his/her account to become eligible to use donated leave.
    5. An employee on Workers' Compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program. Use of donated leave under the Workers' Compensation program would be limited to use with the supplemental leave schedule.
    6. Requests will be reviewed for conformity to the intent of the policy by the Voluntary Shared Leave Committee, who is appointed by the Director of Human Resources. If a request is approved, the department will be notified and allowed to solicit leave on behalf of the employee.
    7. An employee may not solicit for shared leave; however, an employee may be nominated by a fellow employee.
    8. Participation is limited to 1,040 hours either continuously or, if for the same condition, on a recurring basis. However, a continuation may be granted month-by-month for a maximum of 2,080 hours, if management would otherwise have granted leave without pay.
    9. Subject to the maximum of 1,040 hours, the number of hours of leave an employee can receive is equal to the projected recovery or treatment period, less the employee's combined vacation and sick leave balance as of the beginning of the recovery or treatment period. The employee must exhaust all available leave before using donated leave.
    10. Leave donated to a recipient's leave account is exempt from the maximum accumulation carry over restrictions at the calendar year end.
    11. At the expiration of the medical condition, as determined by the committee, any unused leave in the recipient's donated leave account shall be treated as follows:
      1. The combined vacation and sick leave account balance may not exceed 40 hours.
      2. Any additional unused donated leave beyond 40 hours will be returned to the donor(s) on a pro-rated basis and credited to the leave account from which it was donated. Fractions of one hour shall not be returned to an individual donor.
      3. Each approved emergency medical condition shall stand alone and donated leave not used in accordance with the above provisions shall be considered as having served its purpose, shall lose its identity, and shall be deleted and the account closed.
      4. If a recipient separates from State government, participation in the program ends. Donated leave shall be returned to the donor(s) on a pro-rata basis.
  5. Donor Requirements
    1. A non-family member donor may contribute only vacation leave to a fellow employee of East Carolina University.
    2. Employee must complete and forward the Form P-48 (Request To Transfer Shared Leave) to the Department of Human Resources.
    3. A family member who is a state employee may contribute vacation or sick leave to another immediate family member state employee in any department or university, provided the recipient employee has been approved for transfer under the program. For transfer of sick leave to an immediate family member, immediate family is defined as spouse, parents, children (including step relations) or other dependents living in the employee's household. For transfer of vacation leave to an immediate family member, immediate family member is defined as spouse, parents, children, brother, sister, grandparents, and grandchildren. Also included are the step, half, and in-law relationships.
    4. The minimum amount that can be donated is four hours.
    5. An employee family member donating sick leave to a qualified member under this program may not reduce his/her sick leave account below 40 hours.
    6. The maximum amount of vacation leave allowed to be donated by one individual is to be no more than the amount of the individual's annual accrual rate. However, the amount donated is not to reduce the donor's vacation leave balance below one-half of the annual accrual rate.


Policy Statement 13d: Leave Benefits - Family and Medical Leave


The purpose of this policy is to balance the demands of the work place with the needs of families to promote the stability and economic security of families and to promote national interests in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men.

  1. Employee Eligibility
    1. Permanent, probationary and trainee employees who have been employed with State government for at least 12 months and who have worked at least 1040 hours (half-time) during the previous 12-month period are entitled to a total of 12 workweeks, paid or unpaid, leave during any 12-month period for one or more specified conditions which are covered under this Act. Temporary employment would count as part or all of this 12-month period.
    2. Temporary employees are generally not covered since the maximum length of a temporary appointment is one year and therefore they do not meet the qualification factor of being employed with State government for at least 12 months during the previous 12-month period. Exceptional situations may exist where a temporary employee would be covered if he/she was extended beyond one year and had worked at least 1250 hours during the previous 12-month period. Any leave granted to a temporary employee would be without pay.
    3. Intermittent - Employees with an intermittent appointment are covered if they worked at least 1250 hours during the previous 12- month period. Any leave granted to an intermittent employee would be without pay since intermittent employees do not earn leave.

  2. Qualifying Conditions
    1. Birth of a child and care for the child after birth, provided the leave is taken within a 12-month period following birth.
    2. Care for a child placed with the employee for adoption or foster care, provided the leave is taken within a 12-month period following adoption.
    3. Care for the employee's child, spouse, or parent, where that child, spouse, or parent has a serious health condition.
    4. A serious health condition that makes the employee unable to perform the essential functions of his/her position.

      Definitions - For the purpose of administering this policy, the following definitions shall apply:

      1. Parent - a biological or adoptive parent or an individual who stood in loc parentis (a person who is in the position or place of a parent) to an employee when the employee was a child.
      2. Child - a son or daughter who is under 18 years of age or is 18 years of age or older and incapable of self-care because of a mental or physical disability. Child would include: (a) biological, (b) adopted, (c) foster, (d) step-child, (e) legal ward, and (f) child of an employee standing in loco parentis as defined above.
      3. Serious Health Condition - (a) an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical care facility, or that involves continuing treatment by a health care provider; (b) any period of incapacity requiring absence from work of more than three calendar workdays that also involves continuing treatment by a health care provider; or (c) continuing treatment by a health care provider for conditions so serious that, if not treated would likely result in an absence of more than three calendar workdays. Prenatal care is also included. The period of actual physical disability associated with childbirth is considered a serious health condition and must be taken as family/medical leave, whether as paid or unpaid leave.

  3. Administration
    1. 12-month period defined - While several options for accounting for the 12-month period are provided by this Act, the following time period will be utilized by East Carolina University; the 12-month period will be measured forward from the date any employee's first family and medical leave begins.

    2. Department Responsibility - It is the responsibility of the department head or designee to designate leave paid or unpaid as FMLA leave, based on information provided by the employee. The designation must be made on the Family Medical Leave Form (P-46). This must be done before the leave starts, or before an extension of leave is granted if the employee is already on leave. If an employee on paid leave has not provided information sufficient to determine whether it is designated as FMLA leave, the department shall, after a period of 4 workdays, request that the employee provide sufficient information to establish a FMLA-qualifying reason for the needed leave. This does not preclude the department from requesting the information sooner or at any time an extension is requested. A copy of the FMLA form P-46 must be attached to the Personnel Recommendation form P-18 or P-21 submitted to Human Resources for periods of extended leave of absence (i.e., six weeks or more) with or without pay. It should also be noted in the Comments Section of the P-18 or P-21 that the employee will be covered under the Family Medical Leave Act.

      If an employee takes paid leave and it is not designated by the employee or department as FMLA leave, the leave taken does not count against the employee's entitlement. Therefore, it is extremely important for the department head or designee to refer to qualifying conditions in order to insure that leave taken is designated as FMLA according to the provisions of this policy.

    3. Leave Charges

      The employee has the following options for charging leave:
      1. For the birth of a child, the employee may choose to exhaust available vacation and/or sick leave, or any portion, or go on leave without pay; except that sick leave may be used only during the period of disability. This applies to both parents.
      2. For the adoption or foster care of a child, the employee may choose to exhaust available vacation leave, or any portion, or go on leave without pay.
      3. For the illness of an employee's child, spouse, or parents, the employee may choose to exhaust available sick and/or vacation leave, or any portion, or go on leave without pay.
      4. For the employee's illness, the employee shall exhaust available sick leave and may choose to exhaust available vacation leave, or any portion, before going on leave without pay. If the illness extends beyond the 60-day waiting period required for short-term disability, the employee may choose to exhaust the balance of available leave or begin drawing short-term disability benefits.

    4. Intermittent Leave or Reduced Work Schedule

      An intermittent work schedule is a schedule in which an employee works on an irregular basis and is taking leave in separate blocks of time, rather than for one continuous period of time.

      According to this policy, the employee may not take leave intermittently or on a reduced work schedule for child birth and birth related child care or for adoption or foster care unless extenuating circumstances exist and the employee and department agree otherwise. However, when medically necessary, the employee may take leave intermittently or on a reduced schedule to care for the employee's child, spouse, or parent who has a serious health condition, or because the employee has a serious health condition. There is no minimum limitation on the amount of leave taken intermittently.

      If such leave is foreseeable, based on planned medical treatment, the University may require the employee to transfer temporarily to an available alternative position for which the employee is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave.

      Only the time actually taken as leave may be counted toward the 12 weeks of leave to which the employee is entitled when leave is taken intermittently or on a reduced leave schedule. (For example, an employee normally works 40 hours each week. The employee is on a reduced work schedule of 20 hours per week. The FMLA leave may continue for up to 24 calendar weeks.)

      If an employee works a reduced or intermittent work schedule and does not use paid leave to make up the difference between the normal work schedule and the new temporary schedule to bring the number of hours worked up to the regular schedule, the department must submit a Form P-18 or P-21 showing a change in the number of hours the employee is scheduled to work. This will result in an employee earning leave at a reduced rate.

    5. Employee Responsibility

      The employee shall give notice to the supervisor for leave requested under this policy. The employee must explain the reasons for the needed leave so as to allow the department head or designee to determine that the leave qualifies under the Family Medical Leave Act. The amount of time required for the notice will vary depending upon circumstances as described below.
      1. Birth or Adoption - The employee shall give the department no less than a 30 day notice, in writing, of the intention to take leave, subject to the actual date of the birth or adoption. If the date of birth or adoption requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

        In the case of the birth of a child, if leave is requested only for the period of disability, the completed Employee Request for Maternity Leave (Form P-47) will be considered sufficient written notice. However, if the employee is requesting leave beyond the period of disability as indicated in Part II of Form P-47 completed by the attending Physician, additional written documentation will be required indicating the periods of leave with and/or without pay and anticipated date of return.

        When a request for Family Medical Leave is made because of adoption or foster care, the claim must be supported by reasonable proof.
      2. Serious Health Condition
      3. Planned Medical Treatment - When the necessity for leave to care for the employee's child, spouse, or parent; or because the employee has a serious health condition, the employee must give a 30 day notice if practicable of the intention to take leave.
      4. Medical Emergency - In the case of a medical emergency requiring leave because of an employee's own serious health condition or to care for a family member with a serious health condition, an employer cannot require written advance notice.

        An employee's claim for leave because of a serious illness of the employee or of the employee's child, spouse, or parent must be supported by a doctor's certification (Form P-46-A) which includes the following:
        1. The date on which the serious health condition began
        2. The probable duration of the condition
        3. The appropriate medical facts regarding the condition
        4. A statement that the leave is needed to care for the child, spouse, or parent, and an estimate of amount of time that is needed; or that the employee is unable to perform the functions of the position, whichever applies


        Where certification is necessary for intermittent leave for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment

        Where the University has reason to doubt the validity of the certification, the University may require the employee to get the opinion of a second doctor designated or approved by the University. Where the second opinion differs from the opinion in the original certification provided, the University may require the employee to get the opinion of a third doctor designated or approved jointly by the employer and employee.

        The third opinion is final and is binding on the University and the employee. The University may require that the employee get subsequent recertification on a reasonable basis. The second and third certification and recertification must be at the University's expense.

    6. Returning to Work

      The employee must present a doctor's certification to verify that he/she is able to return to work when the leave was due to the employee's health condition.

      If the employee will not return after the period of leave, the employee must notify the department in writing. Failure to report at the expiration of the leave, unless an extension has been requested, may be considered as a resignation.

  4. Employment and Benefits Protection
    1. Reinstatement - The employee shall be reinstated to the same position held when the leave began or one of the like pay grade, pay, benefits, and other conditions of employment. It is the employee's responsibility to report at reasonable intervals to his/her department on his/her status and intention to return to work.
    2. Benefits - The employee shall be reinstated without loss of benefits accrued when the leave began. All benefits accrue during any period of paid leave; however, no benefits will be accrued during any period of leave without pay.
    3. Health Benefits - The State shall maintain coverage for the employee under the State's group health plan for the duration of leave at the level and under the conditions coverage would have been provided if the employee had continued employment. Any share of health plan premiums which an employee had paid prior to leave must continue to be paid by the employee during the leave period. The obligation to maintain health insurance coverage stops if an employee's premium payment is more than 30 days late. If the employee's failure to make the premium payments leads to a lapse in coverage, the employer must still restore the employee, upon return to work, to the health coverage equivalent to that the employee would have had if leave had not been taken and the premium payments had not been missed without any waiting period or preexisting conditions.

      The University may recover the premiums if the employee fails to return after the period of leave to which the employee is entitled has expired for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee's control.

      Leave without pay beyond the 12-week period or for employees not covered under the Family and Medical Leave Policy will be administered under the Other Leave Without Pay policy. Under these provisions, employees must pay for health benefits coverage.

  5. Rights and Enforcement
    1. It is unlawful to interfere with, restrain, or deny any right provided by this policy or to discharge or in any other manner discriminate against an employee for opposing any practice made unlawful by this policy.
    2. It is unlawful to discharge or in any other manner discriminate against any employee because the employee does any of the following:
      1. Files any civil action, or institutes or causes to be instituted any civil proceedings under or related to this policy
      2. Gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided by this policy
      3. Testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this policy
    3. Enforcement - A violation of or denial of leave requested pursuant to the Family and Medical Leave Act of 1993 is not a contested case and creates no right of grievance or appeal under the State Personnel Act. Violations can result in any of the following or combination of any of the following and are enforced by the United States Secretary of Labor:
      1. U.S. Department of Labor investigation, or
      2. Civil liability with the imposition of court cost and attorney's fees, or
      3. Administrative action by the U.S. Department of Labor


Policy Statement 13e: Leave Benefits - Community Service


Community Service Leave

  1. Policy Overview
    1. In recognition of the State's diverse needs for volunteers to support schools, communities, citizens and non-profit organizations, and also the commitment of East Carolina University employees to engage in volunteer service, Community Service Leave, within the parameters outlined below, may be granted to:
      1. Parents for child involvement in the schools (as defined by Section I policy);
      2. Any employee for volunteer activity in the schools or in a Community Service Organization (as defined by Section I of this policy); or
      3. Any employee for tutoring and mentoring in the authorized schools (as outlined in Section IV of this policy).

    2. In addition there are special provisions outlined in Section XI of this policy for Emergency Services, Blood and Bone Marrow Donorship and Disaster Service Volunteer with the American Red Cross.

    3. The Community Service Leave Policy for EPA employees is the same as the UNC policy and can be accessed at: http://www.northcarolina.edu/content.php/legal/policymanual/contents.htm Once you open the link, scroll down through the table of contents and click on policy 300.2.10. This is a pdf file and simply click on the link to open it.


      This policy supersedes and revokes East Carolina University's Child Involvement Leave Policy and Community Involvement Leave Policy.


  2. Definitions
    Community service, for the purpose of this policy, is defined as any of the categories outlined below.
    1. Meeting with a teacher or administrator concerning the employee’s child.
    2. Attending any function sponsored by the school in which the employee’s child is a participant. This provision shall only be utilized in conjunction with non-athletic programs that are a part of or supplement to the school’s academic or artistic program.
    3. Donating time to perform school-approved volunteer work approved by a teacher, school administrator, or program administrator.
    4. Donating time to perform a service for a community service organization. It does not include attendance or participation in an event in which no service is performed.
  3. Terms

    Definition

    School

    (public or private)

    One that is authorized to operate under the laws of the State of North Carolina and is:

    An elementary school,
    middle school, high school, or childcare program.

    Terms

    Definition

    Child

    A son or daughter who is:

    a biological child, an adopted child, a foster child,a step-child, a legal ward of an employee; or standing in loco parentis.

    Community Service Organization

    A non-profit, non-partisan community organization, which is designated as an IRS Code 501(c)(3) agency, or a human service organization licensed or accredited to serve citizens with special needs including children, youth, and the elderly.

 

  1. Eligibility Requirements and Leave Credits
    1. Eligible employees include employees subject to the State Personnel Act (SPA) and clinical support services (CSS) employees with the following appointments:
      1. Full-time permanent appointments
      2. Part-time appointment working fifty percent or more
      3. Probationary employee appointments working fifty percent or more
      4. Trainee appointments
      5. Time limited appointments

        An employee in any of the categories outlined above with satisfactory job performance is eligible for Community Service Leave.

    2. Leave Credits:

      Type of Appointment

      Annual Amount Granted

      Full-time permanent, probationary, trainee, or time limited appointments

      24 hours/year OR

      1 hour/week (up to a max of 36 hours) for mentoring/tutoring

      (As outlined in Section IV of this policy)

      Part-time (half time or more) —

      Permanent, probationary, trainee, or time limited

      Prorated — equal to percentage of full-time amount

      Temporary, intermittent, or part-time (less than half-time)

      None


    Twenty-four hours (24) of paid leave is credited to eligible employees on January 1st of each year, unless an employee chooses the mentoring/tutoring option. New employees shall be credited with leave immediately upon their employment, prorated at two hours per month for the remainder of the calendar year.

     

 

  1. Employee Option for Tutoring and Mentoring
  2. In lieu of the twenty-four (24) hour award as noted above, an employee may choose to tutor/mentor in the public schools. Leave under this option shall be used exclusively for tutoring and mentoring a student in accordance with established standard rules and guidelines for such arrangements as determined and documented by joint agreement with the employee’s department and the school where the tutoring will occur. The amount of Community Service Leave is one (1) hour of community service leave each week, up to a maximum of 36 hours, that schools are in session as documented by the elected board of the local education agency or the governing authority of any non-public school.

    Advisory Note: If an employee chooses to change options during the calendar year, the maximum hours that may be granted is the maximum allowed under the new option chosen minus the amount of hours already used.

  3. Approval of Leave
  4. Employees must receive prior approval from their supervisor to use this leave. The supervisor or other management representative may require that the leave be taken at a time other than the one requested, based on the needs of the department. The employee’s supervisor may require acceptable proof that leave taken be within the purpose of this policy.

  5. Inter-Agency Transfer
  6. If an employee transfers to another State agency, any balance of community service leave not used shall be transferred to the new agency. Under the tutoring/mentoring option, the employee should secure approval from the new supervisor prior to the transfer so that any necessary changes may be communicated to appropriate officials.

  7. Limitations
    1. Leave not taken in a calendar year is forfeited; it shall not be carried over into the next calendar year.
    2. Employees shall not be paid for this leave upon separation from State government.

  8. Additional Time for Community Service Activities
    1. In certain cases, East Carolina University may allow an employee additional time away from regular duties above the 24 hours of paid leave to perform significant community service activities with provisions for the employee to make up the time. Hours worked in excess of forty during a workweek would constitute overtime under Federal regulations for FLSA non-exempt employees; therefore, it will be necessary for make-up time for these employees to be limited to the workweek in which the time is lost or in a week when the employee has not worked a full work schedule due to such absences as holidays, vacation, sick leave, etc.
      1. The following guidelines for granting additional time apply:
      2. The amount of time that any employee may be allowed is left to the discretion of the employee’s department head.
      3. When the department’s operations require, all arrangements for community service activity time may be interrupted or suspended.
      4. Considerations of employee requests should consider
        1. The nature of work — not all jobs permit rearrangement of work schedules.
        2. The quality of the employee’s job performance.
        3. Indication from the supervisor that unit performance can be maintained.
        4. Any special circumstances, such as the importance of the community service activity in support of the mission of East Carolina University.

  9. Partisan Polital Involvement
    Partisan political activity during State time and the use of State equipment or supplies for such purposes are not permitted. Special care must be taken to avoid any possible interpretation that the State is, in fact, permitting time off and in so doing supporting a political candidacy. Political activity must be in accordance with G.S., 126-13 of the State Personnel Act.

  10. Records
    Supervisors who approve Community Service Leave shall maintain records indicating the number of employees involved and the number of hours used by each employee.

  11. Special Leave Provisions
    In addition to the above leave provisions, there are special guidelines that apply to Emergency Services, Blood and Bone Marrow Donorship, and Disaster Service Volunteer with the American Red Cross


    1. Emergency Services
      The chancellor or appointed designee is authorized to establish a policy providing time off with pay to employees participating in volunteer emergency and rescue services within a limited area around their workstation. The chancellor or authorized designee is responsible for determining if a bonafide need for such services exists within a given area. A bonafide need is defined as real or eminent danger to life or property.


      When Emergency Services are authorized, the employee must provide sufficient proof that the employee’s membership is an emergency volunteer organization and that the performance of such emergency services will not unreasonably hinder work activities for which the employee is responsible.

    2. Blood and Bone Marrow Donorship
      Employees are encouraged to use the privilege and opportunity to participate in life giving through blood and bone marrow donorship. It is a State policy to allow employees reasonable time off from work with pay for whole blood donation, pheresis procedure, and for bone marrow transplant without the use of vacation leave. Seldom should donorship involve more than an hour and one-half away from work. It is intended that this policy be applied uniformly throughout the University.

    3. Disaster Service Volunteer Leave
      During bonafide disaster situations, East Carolina University may grant employees leave with pay, but not to exceed 15 workdays in any 12-month period, to participate in specialized disaster relief services. The decision to grant leave rests in the sole discretion of the Chancellor of East Carolina University based on the work needs East Carolina University. To qualify for leave, the employee must:
      1. Be a certified disaster service volunteer of the American Red Cross, and
      2. Be asked by the American Red Cross to participate.

        The disaster must:
        1. Be within the State of North Carolina, and
        2. Be designated at Level III or higher in the American National Red Cross Regulations and Procedures.

      3. While on disaster leave, the employee will:
        1. Be compensated at the regular rate of pay, and will
        2. Not lose seniority, pay, vacation leave, or earned overtime accumulation.

    4. Duties performed while on disaster leave will not be considered a work assignment. Neither East Carolina University nor the State of North Carolina will be liable for workers’ compensation claims arising from accident or injury while the employee is on Emergency Services assignment.


Policy Statement 13f: Leave Benefits - Parental Leave


Parental Leave (See also Family/Medical Leave)

  1. Maternity Leave

    The University shall grant maternity leave to any employee who has a permanent, probationary, or trainee appointment when there is a temporary disability caused by or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery. Disabilities resulting from pregnancy shall be treated as any other illness; whereby, the employee may use accrued sick leave for the actual period of temporary disability as determined by the attending physician. Since there is no certainty as to when disability actually begins and ends, a doctor's certificate shall be required verifying the employee's period of temporary disability. Only the physician may determine when the period of temporary disability begins and when the employee is physically able to return for work.


    1. Procedure to Follow for Use of Maternity Leave
      1. The employee should inform her immediate supervisor as soon as she learns of her pregnancy when there is to be a temporary absence from work for this reason.
      2. The employee should acquire and initiate the Form P-47, Employee Request for Maternity Leave, by completion of Part I. The form should then be given to her physician for completion of Part II. After completion by the physician, the form should be given to the immediate supervisor as near as possible prior to the date maternity leave is to begin. The forms are available from the Department of Human Resources.
      3. Prior to the employee's departure on maternity leave, her immediate supervisor should forward to the Department of Human Resources a copy of the following forms:
        1. Completed and signed Form P-47.
        2. Cumulative Record of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3)
        3. Personnel Recommendation Form P-18.
      4. Upon return to work, the employee must provide to her supervisor and the Department of Human Resources a physician's statement to certify her ability to return to work on a specific date. This statement should not be dated earlier than one week prior to the effective date when the employee is physically able to resume her duties.
      5. If the employee decides not to return to work, she must notify her supervisor as soon as possible after the decision is made.
      6. In the event an employee does not return to work or fails to notify her supervisor regarding such decision by the approved date, action will be taken to terminate employment immediately thereafter.
      7. If there is a change in the employee's physical condition while on leave that would change the return to work date, a revised physician's statement should be provided to the supervisor and the Department of Human Resources.
      8. In any case of doubt concerning the employee's ability to perform her assigned duties during pregnancy, the University reserves the right to refer her to its physician for a medical determination.

    2. Using Accrued Sick and Vacation Leave (See also Sick and Vacation Leave Policies)
      1. Accrued Sick Leave
        1. An employee placed on maternity leave who has been declared by her physician as temporarily disabled may begin to exhaust any accrued sick leave or may elect to retain it. Such sick leave would begin on the first regularly scheduled workday she is absent due to any pregnancy-related disability.
        2. Sick leave may be exhausted only during the period of temporary disability as documented by her physician on Form P-47.
        3. If an employee on maternity leave resigns prior to the end of her period of temporary disability and before exhausting all accrued sick leave, any remaining sick leave shall not be exhausted after date of notification of resignation.

      2. Accrued Vacation Leave
        1. Subject to approval of the department head the employee may exhaust accrued vacation leave prior to or after any period of temporary disability due to pregnancy.
        2. After exhausting accrued sick leave, the employee may use any accrued vacation leave or may retain all or part of any remaining vacation leave while on maternity leave.
        3. If accrued sick leave is not available for use during all or part of a period of temporary disability due to pregnancy, the employee may exhaust any accrued vacation leave or be placed on maternity leave without pay.
        4. If an employee on maternity leave resigns, any remaining unused vacation leave will be paid in a lump sum.

      3. Leave Without Pay (also applies to Paternity Leave & Adoption Leave)
        1. The employee shall apply in writing to his/her supervisor for leave without pay. The employee is obligated to return to duty within or at the end of the time granted. If the employee will not return to work, the department head or supervisor should be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, may be considered as a resignation.
        2. The decision to grant leave without pay and the amount of time granted is an administrative one for which the department head must assume full responsibility. Any period of leave without pay beyond six months must also be approved by the Department of Human Resources. Parental leave shall be administered in a manner that is equitable to all of its employees. Factors to consider are needs of the employee requesting leave, workload, need for filling employee's job, chances of employee returning to duty, and the obligation of the agency to reinstate employee to a position of like status and pay. Reinstatement to the same position or one of like seniority, status and pay must be made upon the employee's return to work unless other arrangements are agreed to in writing. If it is necessary to fill a position vacated by leave without pay, the position may be filled by a temporary or time-limited permanent appointment, whichever is appropriate.

    3. Reinstatement Rights
      1. An employee returning from maternity leave will normally be:
        1. Reinstated to the position and duties previously held at the time the maternity leave began or;
        2. Offered another position with similar status and pay, if her previous position is not available for justifiable, non-discriminatory reasons such as elimination of the function.
      2. Any proposal that would assign an employee returning from maternity leave to a position or duties different from that held at the time maternity leave began must be approved in advance by the Director of Human Resources to insure compliance with State-Federal laws and regulations.

  2. Paternity Leave
    1. The natural father may request parental leave. If approved, he may use accumulated sick leave during the period of the mother's disability, or he may request to use vacation leave or leave without pay. Any leave requested outside of the period of disability must be by use of vacation leave or leave without pay.
    2. In order to verify the actual period of temporary disability of the natural mother, the employee must have his spouse and her doctor complete form P-47.

  3. Adoption Leave
    1. It is a State policy that the University recognize the needs of parents when they adopt children under five years of age and that employees be granted "adoption leave" without pay.
    2. This type of leave shall be granted to permanent, probationary or trainee employees upon request normally not to exceed a six month period. Such leave can begin no earlier than one week prior to the date the parent(s) receive(s) custody of the child. The employee must be reinstated to the same position or one of like seniority, status, and pay upon his/her return to work.
    3. The employee shall apply in writing to his/her supervisor for "adoption leave" and present evidence of an adoption. The employee is obligated to return to duty within or at the end of the stated time. If the employee is unable to return for work, he/she should notify the department head immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested and approved, may be considered a resignation.
    4. The employee may exhaust all or part of any accumulated vacation leave before entering a leave of absence without pay. If the employee does not wish to exhaust any or part of accumulated vacation leave, it may be retained for future use.


Policy Statement 13g: Leave Benefits - Civil Leave


Civil Leave

Permanent, probationary, and trainee employees are entitled to leave with pay when serving on a jury or when subpoenaed as a witness. It is the responsibility of the employee to inform the supervisor when the duty is scheduled and the expected duration.

  1. Jury Duty
    1. An employee who serves on a jury is entitled to leave with pay and regular compensation plus fees received for jury duty. The employee should report back to work as soon as jury duty is completed. If jury duty occurs on a scheduled day off, he/she is not entitled to additional time off.
    2. When a second shift employee serves on a jury, he/she will not be required to work on the day that jury duty occurs. When a third shift employee serves on a jury, he/she will not be required to work the third shift that begins on the day prior to the day that jury duty occurs. This applies to all employees regardless of the length of the shift.

  2. Court Attendance
    1. When an employee attends court in connection with official duties no leave is required. Fees received as a witness while serving in an official capacity shall be turned in to the University Business Office. (If court is on a day that would normally be an off-day, the time is to be considered as working time and included in the total hours worked per week.)
    2. When an employee is subpoenaed or directed by proper authority to appear as a witness, civil leave with pay shall be granted. Any fees received shall be turned in to the University. The employee may use vacation leave rather than take civil leave with pay in which case any fees received may be retained. (This is not considered as work time.)
    3. An employee who is a party (plaintiff or defendant) in a court procedure is not considered as a "witness"; therefore, vacation leave must be used, or leave without pay, for purpose of attending court.


Policy Statement 13h: Leave Benefits - Military Leave


Military Leave

  1. Leave With Pay

    Any full-time or part-time permanent, trainee, or probationary employee who is a member of a Reserve Component of the U.S. Armed Forces shall be granted military leave with pay for certain periods of active duty for training or state military duty in accordance with N.C. General Statute 127A-116.

    Reserve Components of the U.S. Armed Forces are the National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, and the Coast Guard Reserve. The National Guard is unique among the Reserve Components in that it has a dual role, serving both as a Federal Reserve Component and as the State Militia. In its role as State Militia, the North Carolina Army and Air National Guard respond to the Governor as Commander-in-Chief, and serve as the military arm of State Government.
    1. Periods of Entitlement for all Reserve Components - Military leave with pay shall be granted for up to 120 working hours (prorated for part-time employees) during the Federal fiscal year, beginning October 1 and ending on September 30, for any type of active military duty for members not on extended active duty.

      Regularly scheduled unit training assemblies occurring on weekends and referred to as "drills." Although these periods do not normally require military leave, the employing agency is required to excuse an employee for all regularly scheduled military training duty. If necessary the employee's work schedule shall be appropriately rearranged to enable the employee to attend these mandatory training assemblies. The department head may require the employee to provide a unit training schedule which lists training dates for a month or more in advance. Military leave with pay (as described above) or vacation may be used if "drills" occur on weekdays. (Explanatory Note: Drills occur on Saturdays and Sundays. For most employees these are non-workdays, or schedules are rearranged so that these days are non-workdays, therefore, requiring no leave. If, however, an employee is scheduled for an activity, such as taking a convoy to a specific site, and is required to leave on a Friday, the employee may be allowed to use military leave with pay for that time.)

      An employee shall be granted necessary time off when the employee must undergo a required physical examination relating to membership in a reserve component without charge to leave.

    2. Additional Periods of Entitlement for National Guard Only - Military leave with pay shall be granted for infrequent special activities in the interest of the state, usually not exceeding one day, when so authorized by the Governor or his/her authorized representative. Also, active state duty (domestic disturbances, disasters, search and rescue, etc.) for periods not exceeding thirty consecutive calendar days. For periods in excess of thirty days, employees are entitled to military leave with differential pay between military pay and regular State pay if military pay is the lesser.

      Military leave for active State duty is to be considered separate from and in addition to all other authorized forms of military leave.

    3. Employees shall not be entitled to military leave with pay for the following periods:
      1. Duties resulting from disciplinary actions imposed by military authorities.
      2. For unscheduled or incidental military activities such as volunteer work at military facilities (not in duty status), unofficial military activities, etc.
      3. For inactive duty training (drills) performed for the convenience of the member, such as Equivalent Training (ET), split unit assemblies or make-up drills, etc.

    4. During the period of military leave with pay, the employee will not incur any loss of State service or suffer any adverse service rating. The employee will continue to earn and accumulate sick and vacation leave, Total State Service credit, and receive any promotion or salary increase for which he or she might be eligible.

    5. Proof of Required Military Service
      Any employee who is eligible to receive military leave with pay must present to his or her supervisor or department head a copy of his or her orders or other appropriate documentation certifying performance of required military duty. This documentation should be attached to the Cumulative Record of Sick and Vacation Leave Earned and Taken Each Month (Form LR-3). This will be forwarded to the Department of Human Resources at the end of the calendar year.

  2. Military Leave Without Pay
    Military leave without pay shall be granted for certain periods of active duty to include attendance at service schools. Except for extended periods of active duty (covered in a later section) the employee may use all or part of his/her 120 hours annual military leave (prorated for part-time employees) with pay or regular vacation leave in lieu of or in conjunction with military leave without pay.
    1. Attendance at Service Schools
      Military leave without pay shall be granted for attendance at service schools when such attendance is mandatory for continued retention in the military reserve component.

      For purposes other than retention, military leave without pay may be granted employees for attendance at resident military service schools. However, when the employee is required by a reserve component to attend a resident specialized course because the course is not available by any other means (i.e., correspondence course, USAR school, etc.) military leave without pay shall be granted. To verify that such a course is mandatory the agency may contact the Office of the Adjutant General, North Carolina National Guard, Attn: Vice Chief of Staff-State Operations.
    2. Attendance at Initial Active Duty Training under the Reserve Enlistment Program of 1963 (REP-63). The employee may use all or part of his/her 120 hours military leave with pay or regular vacation leave or a combination of the two in lieu of military leave without pay.
    3. Extended Active Duty - Leave without pay shall be granted, as outlined below, for periods of active duty in the armed forces of the United States. Use of military leave with pay is not authorized upon entry into extended active duty.
      1. Armed forces or active military service defined - Army, Navy, Air Force, Marine Corps, Coast Guard.
      2. Extended active duty defined - That period of time for which an employee is ordered to active military service under the following circumstances:
        1. On voluntary enlistment or entry into any of the active military services for a period not to exceed four years plus, any period of additional service imposed pursuant to law, any time during the employee's career as a State Employee.
        2. All such enlistments or entries into active military service during a declared State or national emergency or during time of war.
        3. Upon call-up (mobilization) or order to Federal active duty for an employee in or one of the Reserve Components.
        4. Induction into active military service via Selective Service conscription.
      3. Leave without pay shall be provided for a period up to 30 days between leaving State service and entering active duty if desired by the employee and if the delay is not due to the employee's own fault to allow the employee to settle any personal matters.
      4. The employee will present to the supervisor or department head a copy of orders to report for active duty, will indicate when the leave is to begin and probable date of return. It is the employee's responsibility to apply for reinstatement within ninety days from date of release from active duty and/or to inform his/her department head if a decision is made not to return to State employment.
      5. Leave without pay shall be provided for any period of involuntary extension of an enlistment which originally was made for four years or less when such extension was not voluntary or due to the fault of the employee. Employees may be required to provide evidence that such extensions were involuntary.
      6. Leave without pay shall be provided for extensions of enlistments due to hospitalization for service connected injury or illness. Military leave without pay shall be permitted for that period certified by the attending physician as required for adequate recuperation for release from active duty and return to State employment. In addition, the employee shall be entitled to leave without pay for the period from time of release from military service until actually reinstated in State employment. This benefit is contingent upon the employee applying for reinstatement within 90 days of release from active military service after any such hospitalization.

    4. Retention and Continuation of Benefits - The employee may choose to have accumulated vacation leave paid in a lump sum, may exhaust this leave, or may retain part or all of accumulated leave until return to State service. The maximum accumulation of 240 hours applies to lump sum payment. The employee shall retain all accumulated sick leave and continue to earn time toward Total State Service. The employee is entitled to retirement service credit for all active duty service in the armed forces for which discharge, release, or separation was under honorable conditions. Under this provision, credit is received for such service upon filing with the Teachers' and State Employees' Retirement System a copy of the service record showing dates of entrance and separation. (In addition, the retirement membership service is available to employees who return to State employment within a period of two years after the earliest discharge date, or any time after discharge and who have earned ten or more years of membership service in the Retirement System.) Voluntary enlistments following the earliest discharge are not creditable.
    5. Reinstatement From Military Leave Without Pay - Employees on leave without pay who are separated or discharged from military service under honorable conditions and who apply for reinstatement within the established time limits shall be reinstated to the same position or one of like status, seniority, and pay with the same department where previously assigned or within the University when prior arrangements have been made. If, during military service, the employee is disabled to the extent that the duties of the original position cannot be performed, the employee shall be reinstated to a position with duties compatible with a disability.

      The employee's salary upon reinstatement shall be the same as when placed in a military leave without pay status plus any general salary increase effected during military leave. In no case will the reinstated employee's salary be less than when placed in a military leave status.

      Military experience may be considered as qualifying a reinstated "trainee" employee for "permanent" status if it can be determined that military experience was directly related to development in the area of work to be performed in State position. This same qualifying criteria may also be applied in the case of trainee adjustments. Employees who resign to enter military service without knowledge of their eligibility for leave without pay and reinstatement benefits, but who are otherwise eligible, shall be reinstated as if they had applied for this benefit.

  3. Other Periods of Entitlement
    1. Civil Air Patrol - While the Civil Air Patrol is not a reserve component, it is an auxiliary to the Air Force. Its members are not subject to obligatory service. When performing missions or training authorized by the Air Force or emergency missions for the State as authorized by the Governor or Secretary, Department of Crime Control and Public Safety, its members are entitled to military leave with pay not to exceed 120 hours (prorated for part-time employees) in any calendar year. Exceptions may be granted by the Governor. Such service may be verified by the Secretary, Department of Crime Control and Public Safety. Regularly scheduled unit training assemblies, usually occurring on weekends are not acceptable for military leave with pay, however, department heads are encouraged to arrange work schedules to allow employees to attend this training.
    2. State Defense Militia - The State Defense Militia is considered a reserve to the National Guard, but it is not a reserve component of the U.S. Armed Forces. Its members are not subject to obligatory service unless they are assigned to a unit that is ordered or called out by the Governor. Only under conditions described below are State employees who are members of the State Defense Militia entitled to military leave with pay. Under these conditions an employee may be granted military leave not to exceed 120 hours (prorated for part-time employees) during any calendar year.
      1. Infrequent special activities in the interest of the State, usually not exceeding one day, when so ordered by the Governor or his/her authorized representative.
      2. State duty for missions related to disasters, search and rescue, etc., again, only when ordered by the Governor or his/her authorized representative.
  1. State employees who are members of the State Defense Militia are not entitled to military leave with pay when volunteering for support of functions or events sponsored by civic or social organizations even though such support has been "authorized."
  2. Regularly scheduled unit training assemblies, usually occurring on weekends, are not acceptable for military leave with pay, however, department heads are encouraged to arrange work schedules to allow the employee to attend this training.
  3. Duty status may be verified with the Office of the Adjutant General, North Carolina National Guard, ATTN: Vice Chief of Staff-State Operations (VCSOP).


Policy Statement 13i: Leave Benefits - Educational Leave Without Pay


Educational Leave Without Pay

  1. Leave without pay may be granted to a full-time or part-time permanent SPA employee for educational purposes which will better equip the employee for the performance of duties and responsibilities. It cannot exceed twelve months, and it will be granted only when recommended by the department head. As in the case of other types of leave without pay, any duration beyond six months must be approved by the Director of Human Resources.
  2. The department head should consider such factors as workload, the availability of a replacement who could perform the required duties, whether or not the employee would return and if it would create any internal problems.
  3. If educational leave without pay is recommended, the department head should forward a letter or memorandum of justification to the Department of Human Resources accompanied by a Personnel Recommendation (Form P-18) and the Cumulative Leave Record (Form LR-3) for separation of the employee.


Policy Statement 13j: Leave Benefits - Adverse Weather

Adverse Weather

Situations may arise due to adverse weather which will create difficulty for SPA employees to report to work or make it advisable that they leave work early.

The Chancellor, or his designated representative, will determine to what extent operations will be suspended or temporarily curtailed. Departments cannot suspend or temporarily close operations and allow SPA employees to leave the work area and continue to be paid work time. Please remember that only the Chancellor has the authority to officially close the campus and excuse absences.

See ECU Human Resources Web Site for further details.


Policy Statement 13k: Leave Benefits - Other Types of LWOP


Other Types of Leave Without Pay

Leave without pay may be granted to a full-time or part-time permanent, trainee or probationary employee for vacation purposes, for education purposes, or for other reasons deemed justified by the department head and approved by the Vice Chancellor. (Leave without pay for military purposes, Family and Medical Leave, and Workers' Compensation, is covered under these respective policies.)

  1. Extended leave without pay is defined as leave in excess of one-half the workdays in the month. A Personnel Recommendation (Form P-18) must be submitted to the Department of Human Resources to place the employee in leave without pay status.
    1. Leave without pay normally shall not exceed six months, but may be extended based on individual circumstances. Extension of leave without pay beyond six months must be approved by the Director of Human Resources. Any leave longer than twelve months must be approved by both the Director of Human Resources and the State Personnel Director.
    2. The employee shall apply in writing to his/her supervisor for leave without pay. The employee is obligated to return to duty within or at the end of the time granted. If the employee will not return to work, the department should be notified immediately. At least thirty days prior to the end of the leave the employee must provide written notice of intention to return to work; otherwise, the University is not required to provide such reinstatement but may do so if feasible. Failure to report at the expiration of a leave of absence, unless an extension has been requested, may be considered as a resignation.
    3. The decision to grant leave without pay is an administrative one for which the department head must assume full responsibility. Factors to consider are needs of the employee requesting leave, workload, need for filling employee's job, chances of employee returning to duty, and the obligation of the University to reinstate the employee to a position of like status and pay. It is the responsibility of management to administer leave without pay in a manner that is equitable to all employees. Reinstatement to the same position or one of like seniority, status and pay must be made upon the employee's return to work unless other arrangements are agreed to in writing. If it is necessary to fill a position vacant by leave without pay, the position may be filled by a temporary or time-limited permanent appointment, whichever is appropriate.
    4. The employee shall retain all accumulated unused sick leave and retirement status. Eligibility to earn leave ceases on the date leave without pay begins except in cases where an employee is drawing Workers' Compensation.

      Accumulated vacation leave may be exhausted before going on leave without pay or the employee may choose to retain part or all of accumulated leave until return to State service. However, the following exceptions are provided:
      1. If an employee has accumulated vacation leave, all vacation leave must be exhausted before the employee may go on a leave without pay for vacation purposes; or
      2. If an employee requests leave for personal reasons for a period not to exceed 10 work days (see Short Leave Without Pay below), vacation leave must be used if available; however, if the leave is for a period longer than 10 workdays, the employee may choose to use vacation leave or retain it for future use.
    5. If leave without pay extends through December 31 any vacation leave accumulation above 240 hours will be converted to sick leave. If the employee does not return to work following leave without pay, the employee will be paid for any accumulated vacation leave (up to 240 hours) at time of separation.
    6. While on leave without pay the employee may continue coverage under the State's health insurance program by paying the full premium cost (no contribution by the State).
  2. Short leave without pay is defined as leave for less than one-half the workdays in the month. This is used to account for time that an employee is absent and has no accumulated or advanced leave credits. The employee must have approval from the supervisor. These short periods may be docked from the employee's pay check by submitting a memorandum to the Payroll Office with a copy to the Department of Human Resources. No Personnel Recommendation Form P-18 needs to be submitted under these circumstances. The employee earns all benefits for which eligible.

    Employees who are absent without approved leave may be subject to disciplinary action from their supervisor. If an employee is absent without approved leave, the department head is responsible for determining whether leave without pay is appropriate or whether the time may be charged to the appropriate leave account. Short leave without pay may be used in these situations to cover the status of an employee who has failed to come to work but has not requested and received approval to take sick or vacation leave.


Policy Statement 13l: Leave Benefits - Workers' Compensation

Workers' Compensation Leave
(Note: Refer to Workers' Compensation Benefits section under Environmental Health and Safety)

  1. When an employee is injured on the job as a result of a compensable accident and loses time from work due to the injury, the employee shall not be charged leave for time lost from work on the day of the injury. Employees are expected to return to work unless the treating physician indicates the employee must go home for the day. (A written statement must be obtained from the treating physician if the employee cannot return to work.) In situations where the employee cannot return to work the employee will be paid full salary for normal working hours on the day of the injury.

    If the injury results in additional time away from work, the employee must go on workers' compensation leave and receive the workers' compensation weekly benefit after the waiting period required by G.S. 97-28. One of the following options may be chosen:
    1. Option 1:
      Elect to take sick or vacation leave during the required waiting period and then go on workers' compensation leave and begin drawing workers' compensation weekly benefits.
  2. Option 2:
    Elect to go on workers' compensation leave with no pay for the required waiting period and then begin drawing workers' compensation weekly benefits.

    If the injury results in disability of more than a specified number of days, as indicated in G.S. 97-28, the workers' compensation weekly benefit shall be allowed from the date of disability. If this occurs in the case of an employee who elected to use leave during the waiting period, no adjustment shall be made in the leave used for these workdays.
  3. Option 3:
    Elect to supplement the workers' compensation weekly benefit with the use of partial earned sick or vacation leave in accordance with the schedule provided by the Office of State Personnel each year. (This option may be chosen in addition to 1 and 2 above.)

    Note: All elections involving the use of earned sick or vacation leave are subject to their availability.

    Compensatory time may be substituted for sick or vacation leave if applied within the time frames provided under the Hours of Work and Overtime Compensation Policy.

    Unused leave may be retained for future use.

    Employees injured on the job in a compensable accident who have returned to work, but continue to require medical or therapy visits to reach maximum medical improvement, shall not be charged leave for time lost from work for required medical or therapy treatment. (Paid time should be limited to reasonable time for treatment and travel; and excess time will be charged as vacation/sick leave or leave without pay.)

  4. While on workers' compensation leave an employee is eligible for continuation of the following benefits:
    1. Salary Increases: Upon reinstatement, an employee's salary will be computed based on the last salary plus any legislative increase to which entitled. Any performance increase which would have been given had the employee been at work may also be included in the reinstatement salary, or it may be given on any payment date following reinstatement.
    2. Vacation and Sick Leave: While on workers' compensation leave, the employee will continue to accumulate vacation and sick leave to be credited to his/her account for use upon return. If the employee does not return, vacation and sick leave accumulated during the first twelve months of leave will be paid in a lump sum along with other unused vacation.

      Since the employee is on workers' compensation leave and is not able to schedule vacation time off, the accumulation may in some cases exceed the 240 hours and shall be handled as follows:
      1. The 240 hour maximum to be carried forward to the next calendar year may be exceeded by the amount of vacation accumulated during workers' compensation leave. The excess may be used after returning to work or carried on the leave account until the end of the calendar year at which time any excess vacation will be converted to sick leave.
      2. If the employee separates during the period that excess vacation is allowed, the excess leave to be paid in a lump sum may not exceed the amount accumulated during the first twelve months of workers' compensation leave.
    3. Hospitalization Insurance: While on workers' compensation leave, an employee is in pay status and will continue coverage under the State's health insurance program. Monthly premiums for the employee will be paid by the State. Premiums for any dependent coverage must be paid directly by the employee.
    4. Retirement Service Credit: While on workers' compensation leave an employee does not receive retirement credit. As a member of the Retirement System, the employee may purchase credits for the period of time on an approved leave of absence. Upon request by the employee, the Retirement System will provide a statement of the cost and a date by which purchase must be made. If purchase is not made by that date, the cost will have to be recomputed.
    5. Longevity: While on workers' compensation leave, an employee is in pay status and will continue to receive longevity credit. Employees who are eligible for longevity pay will receive their annual payments.


Policy Statement 13m: Leave Benefits - Compensatory Time for Non-Exempt SPA Employees

Updated 02/01/08


Compensatory Time
(See also Federal Fair Labor Standards Act, Statement 8)

  1. All SPA employees who are classified as non-exempt (subject to overtime) under the Federal Fair Labor Standards Act (FLSA) shall receive overtime pay or compensatory time off at the rate of time and one-half for all time actually worked in excess of 40 hours per calendar week. However, it is a policy of the University to give compensatory time off in lieu of pay when it can be arranged subject to the provisions of the federal law. The compensatory time off must be taken within one year from the date the overtime is performed. If this cannot be arranged, the employee must be paid. Overtime worked shall be recorded and compensated in units of one-tenth of an hour. It is the responsibility of the department head to determine whether the employee will be given compensatory time off or be paid for the overtime. If it is determined that the employee is to be paid for the overtime, the department head must acquire approval in advance from their respective Vice Chancellor before the employee proceeds to work the overtime.
  2. Non-exempt SPA employees who work excess hours outside of the regular work schedule, but are not at the job more than 40 hours (paid non-work hours such as a State holiday or leave occurring within the same week) receive compensatory leave on an hour-for-hour basis.
    1. The purpose of paid leave is to maintain an employee's income, not to enhance it. If an employee works additional hours outside his/her normal schedule in a week in which he/she also has taken paid vacation, bonus, sick leave, compensatory time off, equal time off, paid time off, or community service leave, the time is treated as "make up time" for the time that the employee was on leave. The number of leave hours originally charged must be reduced by the number of additional hours worked. The offset is mandatory; the employee cannot be paid both for the leave time and the additional work time.

      For example, an employee works eight hours each day, Monday, Tuesday, Thursday, and Friday, and uses eight hours of sick leave on Wednesday. On Saturday, the employee (with advance management approval) works four hours. The Saturday hours "offset" the sick leave from Wednesday on an hour-for-hour basis. The Employee Time Record would show four (not eight) hours of leave, and four hours of work on Saturday.
    2. There is no offset of coded hours for civil leave, military leave, University holidays, or travel time off.
    3. An employee working in more than one SPA position is covered by the regulations governing compensation for overtime if the combined hours worked exceed 40 per week.
  3. If a non-exempt SPA employee separates from State service, leaves the University, or transfers to another department prior to taking all compensatory time, such time will be paid by the separating department.


Policy Statement 13n: Leave Benefits - Holidays


Holidays

  1. The State Personnel Commission allows the Chancellor the option to designate a holiday schedule that becomes the official schedule for all eligible East Carolina University employees. This schedule shall not be altered or changed by any University official without written consent from the Chancellor. The University holidays will not always coincide with the calendar dates designated for State employees assigned elsewhere.
  2. The Vice Chancellor for Business Affairs will announce to all SPA employees prior to the beginning of a new calendar year the holidays that University employees will observe during the new year. Two holiday schedules are established at the University to meet operational needs, particularly the School of Medicine, as determined by the Vice Chancellor.
  3. It is recognized that some departments may need to adopt an additional holiday schedule applicable to their employees working on assigned shifts in maintaining a twenty-four hour operation. This schedule, subject to approval by the Vice Chancellor for Business Affairs, would designate as holidays the specific dates of the legal observances rather than substitute weekdays when the observance occurs on Saturday or Sunday. This would be in keeping with the purpose of the holiday premium pay policy.
  4. The State Personnel Commission generally observes 11 or 12 holidays each calendar year as follows:
    1. New Year's Day
    2. Martin Luther King, Jr's Birthday
    3. Good Friday
    4. Memorial Day
    5. Independence Day
    6. Labor Day
    7. Thanksgiving (2 days)
    8. Christmas (3 days)

  5. Employees are granted eight hours away from work for each of these days except where operational needs require work on a designated holiday. Permanent part-time employees receive holidays on a prorated basis. Temporary employees are not eligible for paid holidays.
  6. Upon separation from state employment, i.e., after the actual last day of work in the case of permanent separation or after the last day in pay status in the case of a leave of absence, employees cease to be eligible for holiday pay. Exception: When the last day of the month is a holiday and the employee is in pay status through the last available workday, the employee will be compensated for the holiday.
  7. When an adjusted work schedule has been established and a holiday falls on a workday which exceeds eight hours, additional hours for the workday must either be worked at some other time during that workweek or charged to vacation leave to equalize holiday benefits.
  8. It is State policy to reasonably accommodate the religious practices of an employee concerning holidays unless such accommodation would result in undue hardship in the conduct of the University's business operations. Three of the eleven holidays provided are regarded as religious holidays. An employee wishing to observe different religious holidays may request a "holiday exchange" under which the employee would perform work on a holiday observed by the University in exchange for a day off to accommodate the employee. This request must be made in writing and is subject to approval by the Chancellor. Such requests will be approved only if arrangements can be made for employees to work. If, however, no work can be made available on these days because of logistical reasons (offices closed to the public, no supervision available, no security available, etc.) the department head should arrange work schedules so that an employee may take vacation leave when requested for such religious observances. No request for vacation leave should be denied unless it would create an emergency condition which cannot be prevented in any other manner.