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Voluntary Shared Leave

VOLUNTARY SHARED LEAVE PROGRAM

Fayetteville State University follows and adheres to the Office of State Human Resources's voluntary shared leave policy.

Policy
The policy on the Voluntary Shared Leave Program at Fayetteville State University for SPA and EPA employees earning leave is established to provide an opportunity for employees to assist another employee affected by a prolonged medical condition that causes an employee to exhaust all available leave and therefore be placed on leave without pay. Employees exempt from the State Personnel Act and in a leave earning position may share between subject and exempt employees subject to availability of funds.

Administration
The Office of Human Resources will complete and forward all required reports to the Office of State Human Resources.

Eligibility
Full-time or part-time (half-time or more) permanent, probationary, trainee, and time-limited employees.

Temporary, intermittent, and part-time (less than half-time) are not eligible for leave.

Participation in this program shall be based on the employee's past compliance with leave rules.

Application Procedures
Prospective recipient shall apply or be nominated by a fellow employee to participate in the program by submitting an Application for Shared/Transfer Leave form to the Leave Coordinator.

Application for shared leave must include name, social security number, position classification, description of medical condition and estimated length of time needed to participate in the program. 

Medical evidence from the recipient's physician describing the nature of the medical condition and projected return date must accompany the Application for Shared/Transfer Leave form. Periodic additional verifications from the physician will be required in order to remain eligible for participation in the program.

For the purpose of this policy, medical condition means medical condition of an employee or family member (see definitions below) of such employee that is likely to require an employee's absence from duty for a prolonged period, generally considered at least 20 consecutive workdays. An exception may be made when an employee has had previous random absences for the same condition that has caused excessive absences or if the employee had a previous, but different prolonged medical condition within the past twelve months. The intent of this policy is to allow one employee to assist another in case of a prolonged medical condition, as defined that results in exhaustion of all earned leave. It is not the intent of this policy to apply to incidental, normal, short-term medical conditions.

Use of this policy further presumes prudent and justifiable past use of earned leave benefits. The recipients past record of leave usage will be checked to assure prudent and justifiable use.

HIPPA Notice
The Privacy Act makes medical information confidential.  Under no circumstances will the Human Resources Office release any medical information to another employee, without written authorization to do so.  A simple statement that the recipient (or the family member) has a prolonged medical condition shall be made.

Approval/Disapproval of Request
The Associate Vice Chancellor of Human Resources, or designee, shall have the authority to approve or disapprove participation in the shared leave program. The Leave Coordinator will review the merits of the request with the Associate Vice Chancellor and inform the employee of the final decision regarding approval or disapproval of a request.

Notification to Campus Employees
Notification of an approved employee shall be disseminated to all employees by the Leave Coordinator to make them aware of the recipient's eligibility and allow them the opportunity to donate leave. Notification will be accomplished by sending an email to all campus employees.  Donations will be accepted and posted to the recipient's leave account for a period of ten (10) working days from the date announced.

Qualifying Reasons
An employee, recipient, must have complied with existing leave rules, and:

• have a prolonged medical condition, or a member of the employee's immediate family has a medical condition that requires the employee's absence for a prolonged period of time;

• apply for or be nominated;

• produce medical evidence to support the need for leave beyond the available accumulated leave; and

• be approved to participate in the program.

Employee must have been out of work in excess of 20 (or with established exception) continuous workdays in order to apply for leave under the shared leave program. Leave donated, however, may be used to cover absences from the first day. 

Employee must exhaust all vacation or sick leave in their account to become eligible to use donated leave. 

Non-Qualifying Reasons
Employees receiving benefits from the Disability Income Plan of North Carolina (DIPNC) are not eligible to participate. Shared leave may be used during the required DIPNC waiting period and following the waiting period provided DIPNC benefits have not begun.

The policy will not ordinarily 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 treatment. These examples are illustrative, not all inclusive. Each case will be examined and decided based on its conformity to policy intent and handled consistently and equitably.

Cannot be used for parental care of a newborn child absent a documented prolonged health condition.

Qualifications to Donate
An employee, donor, must at the time of donation:

  • Be an active employee.
  • Be in a position that earns leave.
  • Have sufficient leave balances.

Approved Period
Employees approved to participate in the program are limited to 1,040 hours (pro-rated for part-time employees) either continuously or if for the same condition on a recurring basis.  A continuation, up to a maximum of 2,080 hours, may be granted on a month-to-month basis if the employee would have otherwise been granted leave without pay.

Availability of Shared Leave
Voluntary shared leave may begin after an employee has exhausted all available sick and vacation/bonus leave.  While an employee is using voluntary shared leave, the employee continues to earn leave; when accounting for leave, this vacation and sick leave should be used first.

Participation Requirements of Donors (family member)
An employee of any agency, public school, or community college may contribute vacation/bonus or sick leave to another immediate family member in any agency, public school, or community college.  This includes family members on leave without pay.

Participation Requirements of Donors (non-family member)

• An employee may donate vacation/bonus leave to another employee in any State agency.

• An employee may donate vacation/bonus leave to a co-worker's immediate family who is an employee in a public school or community college.  The employee and co-worker must be in the same agency.  This includes non-family members on leave without pay.

• An employee of a State agency may donate sick leave to a nonfamily member of a State agency under the following provisions:

•  The donor shall not donate more than five (5) days of sick leave per year to any one non-family member;

•  The combined total of sick leave donated to a recipient from a non-family members donors shall not exceed 20 days per year;

•  Donated sick leave shall not be used for retirement purposes, and

•  Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.

•  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.

Donation Limits

• The minimum amount of vacation/bonus/sick leave allowed for donation is four (4) hours.

• The maximum amount of vacation leave allowed to be donated by an employee is to be no more than the amount of the individual's annual amount earned. However, the amount donated is not to reduce the donor's vacation leave balance below one-half of the amount earned annually.

• Bonus leave may be donated without regard to the above limitations on vacation.

• The maximum amount of sick leave allowed to be donated by an employee is 1,040 hours, but may not reduce his/her sick leave account below 40 hours.

Leave at the End of Medical Condition
Leave shall be credited to the recipients' sick leave account, and shall not exceed a total of 40 hours (pro-rated for part-time employees).

Any additional unused donated leave shall be returned to active donor(s) on a pro-rated basis and credited to the leave account from which it was donated.  Fraction(s) of one (1) hour shall not be returned to an individual donor.

Definitions

Definition of Immediate Family

 

 

 

 

 

 

Spouse   

Parent(Mother/Father)  

Child(Daughter/Son)     

 

Brother/Sister   

 

Grand/Great   

 

Dependents  

 

Husband

Biological

Biological

Biological

Parent

Living in the

 

Wife

Adoptive

Adoptive

Adoptive

Child

employee's

 

 

Step

Foster

Step

Step

household

 

 

In Loco Parentis

Step

Half

In-law

 

 

 

In-law

In Loco Parentis

In-law

 

 

 

 

 

In-law

 

 

 

 


Leave Records and Accounting

Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. 

Donated leave will be credited to the recipient's sick leave account and charged according to the sick leave policy.

Available for the use on a current basis or may be retroactive for up to 60 calendar days to substitute for advanced vacation or sick leave already granted the recipient or leave without pay.  Donated leave should be applied to advanced leave before applying it to leave without pay. 

The employee donating leave cannot recover leave once donated.

A leave "bank" cannot be established for use by unnamed employees.  Rather leave must be donated on a one-to-one personal basis.

If a recipient separates from State government, participation in the program ends. Donated leave shall be returned to donor(s) on a pro rata basis and credited to the same account from which it originally came.

If a recipient transfers to another State agency, unused leave shall be returned to the donors.  The employee must make a new request in the receiving agency.

Unused leave donated for medical purposes will be returned to the donor(s). Employees who donate "excess" leave (leave over the 240 maximum carryover) at the end of December may not have it returned. Their prorated share will be lost the same as it would have been at the end of December.

Disciplinary Warning
An employee may not directly or indirectly intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to donating, receiving, or using leave under this program. Such action by an employee shall be grounds for disciplinary action up to and including dismissal on the basis of personal conduct.

 

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