Leave Status

Subject: LEAVE
Section: HR
Part: Policy
Statement: 9
Effective Date: 3/21/01

Purpose:

University employees are provided several different leave programs to meet their needs for absences from work during scheduled working hours. Such absences from work are changed to the appropriate leave account of the employee.

Administration:

The administration of the leave program rests entirely with the Office of Human Resources.

VACATION LEAVE

The University provides Annual Leave with pay for permanent staff employees, both full-time and part-time. Temporary employee, are not eligible for Annual Leave with pay.

Amount Earned

A full-time SPA permanent employee who is working or on paid leave for one-half or more of the regularly scheduled workdays in any month earns annual leave. The rate is based on the length of aggregate State service. Aggregate State Service, for purposes of calculating Annual Leave, includes all permanent employment - on a month-for-month basis - with any North Carolina Agency.

Vacation Leave for employees is computed at the following rates:

(SPA) Years of State Service Years of Aggregate Each Month	Hours Earned Each Month	Days Earned in One Year

Less than 5 yrs	9 hrs 20 minutes	14 days
Less than 10 yrs	11 hrs 20 minutes	17 days
Less than 15 yrs	13 hrs 20 minutes	20 days
Less than 20 yrs	15 hrs 20 minutes	23 days
20 yrs or more	17 hrs 20 minutes	26 days

Permanent Part-time Employees

A part-time permanent employee who is employed on a continuing basis in a budgeted position for as much as half-time earns vacation leave on a pro-rata basis if he/she works one-half or more of the scheduled workdays in a month. The leave is computed as a percentage of total amount earned by a full-time employee.

Maximum Accumulation

240 Hours: If the employee separate from the service, payment for accumulated Vacation Leave may not exceed 240 hours. On December 31 any employee with more than 240 hours of accumulated Vacation Leave will convert the excess time to sick leave.

Caution: Employees are cautioned not to retain excess accumulation of Vacation Leave until late in the calendar year; due to the necessity to keep all annual functions in operation, large numbers of employees cannot be granted Vacation Leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having Vacation Leave scheduled or in receiving any exception to the maximum accumulation allowed as of December 31.

Against Excess: The Human Resources Office may advance Vacation Leave not to exceed the amount the employee can earn during the current calendar year if the employee had Aggregate State Service of more than six (6) months.

Leave Charges

Accumulation: Annual Leave is taken in units of one hour.

Only scheduled work hours are charged in calculating the amount of leave taken Saturdays, Sundays, and/or holidays are charged only if they are scheduled workdays.

Vacation Leave is never considered as hours worked for the purpose of calculating overtime work or overtime pay in a workweek.

Uses of Vacation Leave

Vacation leave may be used for the following purposes:

Vacations;
Medical appointments;
In lieu of sick leave after all sick leave is exhausted;
Absences as a result of adverse weather conditions.

To account for the hour that no work is performed when the time is changed from Eastern Standard Time to Daylight Savings Time. This applies only to those employees scheduled to work during this interval.

Scheduling Vacation Leave

The scheduling of Vacation Leave must take departmental operating requirements into account. The department head should designate the time or times when the taking leave will least interfere with efficient operation of the unit. Approval is necessary before taking vacation.

Effect of Compensation and Benefits

The use of Vacation Leave with pay has no effect on an employee's salary increase anniversary date or other employee benefits.

Separation - Payment of Annual Leave

An employee is paid in a lump sum for accumulated Vacation Leave not to exceed maximum of 240 hours when he/she terminates State Service with the University due to resignation, dismissal, reduction in force, death, service retirement, or leave without pay for all military purposes. Employees retiring on Disability Retirement may exhaust Annual Leave rather than being paid in a lump sum.

Leave Deficit Deductions

Should an employee be separated before he/she has earned all of the Vacation Leave taken, the University will make the deduction from the employee's final salary check for overdrawn leave on a calendar day basis.

Lump Sum Payment

The following conditions apply to the lump sum payment for terminal leave:

Earned Vacation Leave is paid through the last full hour. No amount less than an hour is reimbursable.
During the period of terminal leave, the employee earns no leave.
The employee is not charged Annual Leave for any holiday occurring during the terminal leave period.
Retirement deduction is made from each terminal leave payment.
A summary of Vacation and Sick Leave is submitted quarterly to each employee.

Effects of Certain Personnel Action on Annual Leave

Transfer:
1. FSU will accept earned vacation leave when a SPA employee from another State agency transfers to a SPA position at the university. The university will not accept vacation leave for all other transfers (SPA to EPA, EPA to SPA or EPA to EPA).
2. If a FSU employee is transferring to an agency that will not accept the employee's earned vacation leave, the employee will be paid in a lump sum not to exceed 240 hours (prorated for part-time employees).
3. An employee's earned vacation leave may only be transferred to the following agencies:
  - Public schools
  - Community colleges
  - Technical institutes
  - Local mental health, public health, social services, or emergency management departments
  - Other state agencies (including state universities)
Change to temporary: When a permanent employee moves to temporary status, earned Vacation Leave is paid for in a lump sum. Any Vacation Leave deficit is deducted on an hour-for-hour basis.
Leave Without Pay: Earned Vacation Leave, if any, is exhausted prior to the beginning of any leave without pay
Layoff: Earned Vacation Leave is paid for in a lump sum. Any Vacation Leave deficit is deducted on an hour-for-hour basis.
Termination: Earned Annual Leave is paid for in a lump sum. Any Vacation Leave deficit is deducted on an hour-for-hour basis.
Maternity Leave: A pregnant employee who elects to take Maternity Leave uses sick leave for the period of actual Disability, then may exhaust Vacation Leave or may retain part of or all of accumulated leave until the employee returns from leave without pay.
Military Leave: Earned Vacation Leave may be exhausted, or part or all of the accumulated leave may be retained until the employee returns from leave without pay.
Retirement: Earned Annual Leave is paid for in a lump sum. However, an employee going on Disability Retirement may elect to exhaust Vacation Leave. Any Vacation Leave deficit is deducted on an hour-for-hour basis.
Death: Any Earned Annual Leave is paid for in a lump sum. Any Annual Leave deficit is deducted on an hour-for-hour basis.

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SICK LEAVE

The University provides Sick Leave with pay for permanent staff employees, both full-time and part-time. Part-time employees must be scheduled regularly at least twenty hours each workweek in a permanent position. Temporary employees, whether full-time or part-time are not eligible for Sick Leave with pay.

AMOUNT EARNED

A full-time SPA permanent employee who is working or on paid leave for one-half or more of the regular schedule workdays in any month earns Sick Leave at the following rates:

Hours Earned Each Month: 8 hours
Hours Earned Each Year: 96 hours

A part-time permanent employee earns Sick Leave on a pro-rata basis. Sick Leave is computed as a percentage of the total amount earned by a full-time permanent employee.

ACCUMULATION

There is no maximum number of hours to limit the accumulation of Sick Leave; it is accumulated indefinitely as long as the employee is in a permanent position.

ADVANCING SICK LEAVE

The Human Resources Office may advance Sick Leave not to exceed the amount an employee can earn during the current calendar year.

SICK LEAVE CHARGES

Sick Leave is taken in units of one hour, no less.

Only scheduled work hours are charged in calculating the amount of Sick Leave taken. Saturday, and/or Sundays are charged if scheduled working days.

Sick Leave is never considered as hours worked for the purpose of calculating overtime or overtime pay in a workweek.

USES OF SICK LEAVE

Sick Leave may be used for the following purposes:

Illness or injury which prevents an employee from performing his/her usual duties. Sick Leave is exhausted before going on leave without pay because of extended illness. Partial days may be exhausted through the last full hour of leave. While an employee exhausting Sick Leave, he/she earns all benefits as if actually working;
Death of an employee's immediate family member. Immediate family is defines as wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, granddaughter, in-law and step relationships;
Medical appointments;
Quarantine due to contagious disease in the employee's immediate family; and
The actual period of disability connected with childbearing.

Sick Leave cannot be transferred to any other type of leave.

TAKING SICK LEAVE

An employee should give his/her supervisor reasonable advance notice of any expected absence for Sick Leave due to a serious illness, i.e. surgical procedures. At that time, a Family Medical Leave Form( FLMA) form should be completed. In the case of an unexpected absence on Sick Leave, the employee is responsible for notifying the supervisor as soon as possible.

The supervisor may require a statement from a physician or other acceptable proof that an employee was unable to work, to insure that Sick Leave privileges are not abused.

EFFECTS OF CERTAIN PERSONNEL ACTIONS

Transfer:
Earned Sick Leave, or deficit is transferred when the employee transfers to another University department or to another State agency. In some cases, it can be transferred when the employee transfers to or from certain local government agencies.
Change to Temporary:
When a permanent employee moves to temporary status, earned Sick Leave is cancelled and not paid for. Any Sick Leave deficit is deducted from the employee's pay on an hour-to-hour basis.
Leave Without Pay:
Earned Sick Leave, or deficit, if any is reinstated if the employee returns by the end of an authorized leave without pay.
Layoff:
Any earned Sick Leave to cancelled and not paid for. Any Sick Leave deficit is deducted from the employee's pay on an hour-for-hour basis.
Recall from Layoff:
Earned Sick Leave is reinstated when an employee on layoff is reinstated within one year from the date of layoff.
Termination:
Earned Sick Leave is cancelled and not paid for. Any Sick Leave deficit is deducted from the employee's pay on an hour-for-hour basis.
Maternity Leave:
Sick Leave may be used to cover the actual period of disability connected with childbearing.
Military Leave:
An employee on Military Leave retains earned Sick Leave. It is reinstated upon the employee's return by the end of the authorized leave.
Retirement:
One month's service credit is allowed for each twenty days, or portion, or earned Sick Leave accumulated at retirement.
Death:
Earned Sick Leave is cancelled and not paid for. Any Sick Leave deficit is deducted from the deceased employee's final pay on an hour -for-hour basis.

REINSTATEMENT OF SICK LEAVE

Employees reinstated to a permanent position with the University may have previously earned Sick Leave if reinstated under the follow guidelines:
Employees separated because of a reduction in force are credited with accrued Sick Leave if reinstated within one year.
Employees granted leave pay are credited with accrued Sick leave if reinstated before the termination date of such leave.
If an employee is separated for other reasons and is reinstated within one year from the last workday, the University may consider reinstatement of Sick Leave credits accumulated at the time of separation.
If an employee separated from local government position subject to the State Personnel Act and return to University employment within one year from the last workday, the University may consider reinstatement of Sick Leave credits accumulated at the time of separation.

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FAMILY MEDICAL LEAVE

The policy on Family and Medical Leave for Fayetteville State University SPA and EPA faculty and non-faculty employees is established effective January 1, 1994.

The purpose of the Family and Medical Leave Act adopted by Congress in 1993 is to provide a method for employees to balance the demands of the workplace with the needs of their families. It promotes the stability and economics security of families, and the national interests in preserving family integrity. The Act ensures generally, that leave is available for eligible medical reasons including maternity-related disability and for compelling family reasons; and promotes the goal of equal employment opportunity for women and men.

This policy allows employees to use vacation or sick leave (if available) or leave without pay for absences from work due to childbirth, adoption, or a serious health condition of an employee or an employee spouse, child or parent. A physician's certification is required if a serious health condition is involved. An employee's job and benefits are protected while an employee takes leave under this policy.

DEFINITIONS

Parent - a biological or adoptive parent or an individual who is in the position or place of a parent when the employee was a child.

Child - a son or daughter who is under 18 years of age or is 18 years of age or older and is incapable of self-care because of a mental or physical disability and who is:

- a biological child; or
- an adopted child; or
- a foster child - a child for whom the employee performs the duties of a parent as if it were the employee's child or
- a stepchild - a child of the employee's spouse from a former marriage; or
- a legal ward - a minor child placed by the court under the care of a guardian; or
- a child of an employee standing in the position or place of a parent.

Spouse - a husband or wife.

Serious Health Condition - An illness, 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.

Any period incapacity requiring the employees absence from work of more than three (3) workdays that also involves continuing treatment by a health care provider; or

Continuing treatment by a health care provider for a condition so serious that if not treated would likely result in an absence of more than three (3) workdays.

Prenatal care is included in this section.

Actual period of disability associated with childbirth is considered a serious health condition and must be taken as family/medical leave, whether as paid or unpaid leave.

Workweek - The number of hours as employee is regularly scheduled to work each week. NOTE: For purposes of this policy, the workweek for full-time EPA employees is considered to be 40 hours per week.

Reduced Work Schedule - A work schedule involving less hours than an employee is normally scheduled to work, i.e., 30 hours per week rather than the normal 40 hour week for a full-time employee.

Intermittent Work Schedule - A work 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, usually to accommodate some form of regularly scheduled medical treatment.

12-Month Period - The University has adopted the twelve (12) month period measures forward from the date any employee's first family and medical leave begins as a twelve month period.

ELIGIBILITY

Permanent Employee - who have worked with the University or State government in a permanent capacity for at least 12 consecutive months without a break in service and who have worked at least 1040 hours (at least 20 hours per week) during the previous 12 month period. Faculty members on nine, ten and eleven month contracts that have completed their service period a full cycle shall be deemed to satisfy this requirement.

Temporary Employee - who have worked in a temporary capacity beyond one year shall be covered if they had worked at least 250 hours during the previous 12-month period. Any leave granted shall be without pay. This also applies to any other type of appointment that is not permanent.

Students are not eligible for family/medical leave.

ELIGIBLE PERIOD OF LEAVE

Any eligible employee for Family Medical Leave may be granted a maximum of 12 workweeks of paid or unpaid leave during a 12-month period. NOTE: Periods of paid leave and periods of leave without pay (including leave without pay while drawing short-term benefits) count towards the 12 workweeks to which the employee is entitled. This includes leave taken under the Voluntary Shared Leave Policy.

Employee who are eligible may take leave for the following reasons:

the birth of a child and to care for the child following birth, so long as the leave is taken within 12 months of the child's birth. (This applies to both parents).
to care for a child placed with an employee for adoption, so long as the leave is taken within 12 months of placement.
to care for an employee's child, spouse or parent, where that child, spouse or parent has a serious health condition.
because an employee has a serious health condition and is unable to perform the essential functions of the position.

LEAVE CHARGES

The University Director of Human Resources will designate leave, paid or unpaid, as FMLA leave, based on information provided by the employee. This designation will be made prior to the employee beginning the leave or before an extension of leave is granted if the employee is already on leave. If an employee on paid leave has not provided sufficient information to determine whether it is to be designated as FMLA leave, the Office of Human Resources shall, after a period of 10 workdays or sooner, request that the employee provide sufficient information to establish an FMLA- qualifying reason for the needed leave or extension.

There are several options available to the employee on how leave is taken under this policy, including vacation and sick leave, when available, and leave without pay. Situations may limit the options available in some cases. Before an employee goes on leave without pay for medical reasons all available sick leave must be exhausted. The employee may choose to exhaust vacation leave or use any portion of it before going on leave without pay. (If an employee's illness extends beyond the requires 60-day waiting period for short-term disability, an employee may choose to exhaust the balance of available vacation leave or to begin drawing short-term disability benefits, if the employee has been approved for the Disability Income Plan).

Options available are:

Birth - For the birth of a child, an employee may choose to exhaust available vacation and/or sick leave, or use any portion of it, or go on leave without pay. These options are available to both parents. However, sick leave may be used by the parent(s) only during the period of the mother's physical disability prior to and following the birth of a child.

Adoption - For the adoption of a child, an employee may choose to exhaust available vacation leave, or any portion, or go on leave without pay.

Illness of child, spouse or parent - For the illness or injury of an employee's child, spouse or parent, an employee may choose to exhaust available sick and/or vacation, or any potion or go on leave without pay.

An employee may work a reduced or intermittent work schedule because of a serious health condition. When it is determined to be medically necessary, an employee may request permission to work on a reduced or intermittent schedule to care for the employee's spouse, or parent who has a serious health condition. Reduced or intermittent work schedules are possible for childbirth or for adoption but only when the employee and supervisor agree to this type schedule. All full benefits are reinstated when the employee returns to full duty.

The employee is entitled to 12 workweeks of leave in a 12-month period. Since a workweek consists of the number of hours an employee is regularly scheduled to work each week, a reduced or intermittent work schedule may result in an employee being on Family and Medical Leave for more than 12 calendar weeks. For example, an employee normally works 40 hours each week and request a reduced work schedule of 20 hours per week, the reduced work schedule may continue for up to 24 calendar weeks.

The Human Resources Office will be responsible for monitoring the length of an employees' eligibility under the Family/ Medical Leave policy.

If an employee works a reduced or intermittent work schedule and does not use paid leave to make up the difference between the normal (40 hour) work schedule and the new temporary schedule to bring the number of hours up to the regular schedule, the employee will earn leave on a pro rata basis.

EMPLOYEES' RESPONSIBILITY

A request for Family and Medical Leave Form must be completed and submitted through the employee's normal approval channels to the Human Resources Office to receive leave under this policy prior to the employee's absence. If possible, the use of FMLA leave should be submitted and approved in advance so your supervisor can make arrangements to cover your work assignments during your absence. FLMA applies to any employee that is absent for three or more days consecutively. For adoption purposes the employee must attach reasonable proof from the adoption agency or court documents to support the request. All medical and other supporting documentation is filed in the Human Resources Office and is confidential based on the leave policy.

The university also requires that a doctor's certification be completed on the request for Family Medical Leave Form when requesting leave because of a serious illness of the employee or other employee's child, spouse or parent.

If the employee will not return to work after the approved period of leave, a letter must be submitted to the employee's supervisors requesting an extension or resigning from the University. When an extension has not been requested and the employee fails to return to work at the end of the approved period of leave, it may be considered as a resignation.

EMPLOYMENT AND BENEFITS PROTECTION

The employee's job and certain benefits are protected during the period of family/medical leave, whether taken as vacation leave, sick leave, leave without pay or in any combination.

Reinstatement to the same position held when the leave began, or one of similar pay, benefits and other conditions of employment is made upon the employee's return. During the period of leave, the University requires reports from the employee at reasonable intervals on the status and intention to return. A physician or other health care providers certification of the employees' release to return to work and perform the essential functions of the position will be required upon the employees' return to work.

The University shall maintain coverage for an employee under the State of North Carolina's Group health insurance plan or health maintenance organizations for the duration of family/medical leave at the level and under the same conditions coverage would have been provided had an employee not taken the leave. 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 payments leads to lapses in coverage. The employee upon returning to work, will be restored to the health coverage status prior to the leave without any waiting period or pre-existing conditions penalty.

If the employee fails to return at the end of the period of leave, the University may recover it's portion of the health insurance premiums paid on an employee's behalf unless the failure to return is due to the employee's control. If an employee returns to work and remains at work for at least 30 calendar days following the end of the period of family/medical leave, the employee is not required to repay the health insurance premiums.

ll benefits will continue to accrue during any period of paid leave. However, no benefits will accrue during any period of leave without pay.

Contact the Leave Coordinator in Human Resources at 672-1823 to obtain the appropriate Family Medical Leave forms.

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VOLUNTARY SHARED LEAVE PROGRAM

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. The employee may apply for or be nominated to become a recipient of transferred leave.

The University and the State of North Carolina recognizes the occurrences of prolonged medical conditions that could cause employees to exhaust all available leave, forcing them to go on Leave-Without-Pay.

For the purpose of this policy, medical condition means medical condition of an employee or family member (spouse, parents, children {including step relationships} or other dependents living in the employee's household) 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.

The use of vacation or sick leave on a shared basis for any purpose other than specified by this policy is prohibited. The establishment of a leave "bank" for use by unnamed employees is also prohibited. Leave must be donated on a one-to-one personal basis.

ELIGIBILITY

Eligible Employees - Must be in permanent, probationary or trainee appointment status. Participation in this program shall be based on the employee's past compliance with leave rules.
Ineligible Employees - Employees receiving benefits from the Disability Income Plan of North Carolina (DIPNC). Shared leave may be used during the required DIPNC waiting period and following the waiting period provided DIPNC benefits have not begun.
Workers' Compensation Supplement - Employee on Workers' Compensation and drawing temporary total disability compensation may be eligible for participation based on the supplemental leave schedule published by the Human Resources Office.
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 Conditions: 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.

APPROVAL/DISAPPROVAL OF REQUEST

The Division Vice Chancellor shall have the authority to approve or disapprove participation in the Shared Leave Program. The Director of Human Resources will review the merits of the request with the division Vice Chancellor and inform the employee of the final decision regarding approval or disapproval of a request.

Notification of an approved employee shall be disseminated to all employees by the Director of Human Resources to make them aware of the recipient's eligibility and allow them the opportunity to donate leave. This will be accomplished by posting notices on bulletin boards throughout the campus or by memorandum to the office heads. Donations will be accepted and posted to the recipients leave account for a period of ten (10) working days from the date announced.

The employee has the right to appeal the decision of the Vice Chancellor through the University Grievance Procedure with the provision that the resulting decision of the Chancellor is final and may not be appealed to the Office of State Personnel.

APPROVED PERIOD

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

APPLICATION PROCEDURES

To receive benefits from the Voluntary Shared Leave Program the following steps must be taken:

Prospective recipients may make application for voluntary leave as soon as medical evidence is available to support the need for leave beyond the employee's available leave. Medical evidence is a written statement from the recipients physician with a projected return date.
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 Division Vice Chancellor.
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.
The Privacy Act makes medical information confidential; therefore employee must sign a release to allow the Human Resources Office to release information of the employee's status for the purpose of receiving shared leave benefits.

PARTICIPATION REQUIREMENTS OF DONORS

A non-family member donor may contribute only vacation 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.

DEFINITIONS:

- For transfer of sick leave to an immediate family member, immediate family is defined as spouse, parents, children (including step relationships) and other dependents living in the employee's household.

- For transfer of vacation leave to an immediate family member, immediate family is defined as spouse, parents, children, brother, sister, grandparents, and grandchildren. Also included are the step, half, and in-law relationships.

ADMINISTERING DONATIONS

Donations made to the recipients account must be made up to 10 working days from the published university notification of recipient eligibility.
The minimum amount allowed for donation is four (4) hours.
An employee family member donating sick leave to a qualified family member, as defined, under this program may not reduce his/her sick leave account below 40 hours.
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 amount earned. However, the amount donated is not to reduce the donor's vacation leave balance below one-half of the amount earned annually.
Example - Employee with 5 but less than 10 years of state service earns 134 hours annually. Employee may contribute four (4) or more hours but may not reduce vacation leave below 67 hours.
Leave donated to a recipient's leave account is exempt from the maximum (240) hours accumulation carry over restriction at the calendar year end.
Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave.
Leave transferred under this program will be available for the use on a current basis or may be retroactive for up to 30 calendar days to substitute for leave-without-pay or advanced vacation or sick leave already granted the recipient.
The University initially requires an attending physician's verification statement describing the nature of the medical condition and projected duration of the medical condition to be submitted along with the Application for Shared Leave. Periodic additional verifications from the physician will be required in order to remain eligible for participation in the program.
At the expiration of the emergency medical condition, any unused leave in the recipients' donated leave account shall be treated as follows:
1. Vacation and sick account balance may not exceed a combined total of 40 hours (prorated for part-time employees).
2. Any additional unused donated leave will be returned to the donor(s) on a pro rata 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.
3. If a recipient separates from State government, participation in the programs ends. Donated leave shall be returned to donor(s) on a pro rata basis.
4. 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.

ADMINISTERING THE PROGRAM

The Vice Chancellor and Chancellor/Designee has the responsibility for administering the Shared Leave Program. The Director of Human Resources will be responsible for reporting, coordinating inquiries and monitoring compliance with this policy.

The Office of Human Resources will complete and forward all required reports to the Office of State Personnel, the Chancellor and Vice Chancellor for Business Affairs.

DISCIPLINARY WARNING

An employee may not directly or indirectly intimidate, threaten, or coerce, any other employee for the purpose of attempt to 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 vacation 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. Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. The employee donating leave can not recover leave once donated.

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COMMUNITY SERVICE LEAVE POLICY

In recognition of the State of North Carolina's diverse need for volunteers to support schools, communities, citizens and non-profit charitable corporations, a program is being established for awarding community service to SPA and EPA employees. This program subsumes, incorporates and is in lieu of all previously established leave programs for child development and community involvement (e.g., the Volunteer Service Policy and Child Involvement Leave Policy).

DEFINITIONS

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

Child Involvement - A meeting with a teacher or administrator concerning the employee's child or attending a school function in which the child is participating (excluding athletic programs).

Community Service - Performing service for an approved organization.

Community Service Organization - A non-profit, non-partisan organization 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.

EPA - Employees exempt from the State Personnel Act. Includes EPA faculty and non-faculty members.

School - A public or private elementary, middle, or high school or a childcare program authorized to operate under the laws of the State of North Carolina.

School Volunteerism - Performing work approved by a teacher, school administrator. or program administrator.

Tutoring and Mentoring - Providing learning and support in accordance with established standards as determined and documented by joint agreement with the employee's agency and the school (one hour of leave is granted per week that the school is in session, up to a maximum of 36 hours).

COVERED EMPLOYEES

Covered employees include SPA and EPA employees whose job performance is satisfactory. Full-time probationary, permanent, trainee or time-limited employees will be granted twenty-four (24) hours per year for parental involvement or volunteer activities or a maximum of one hour per week (up to thirty-six (36) hours per year) for mentoring and tutoring. Part-time (half-time or more) probationary, permanent, trainee, or time-limited employees will be granted prorated hours equal to the percentage of full-time equivalency (e.g., .50 FTE will receive twelve (12) hours per year and a .75 FTE will receive eighteen (18) hours per year. Temporary or Part-time (less than half-time employees working are not eligible to participate in the program).

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CHILD INVOLVEMENT AND SCHOOL VOLUNTEERISM

A parent may use this leave to meet with a teacher or administrator concerning the parent's child or may attend any educational function sponsored by the school in which the child is participating. Employees may use all or part of the annual allotment of Community Service Leave to volunteer time in support of programs and services in public and private elementary, middle or high school, and licensed public and private daycare and pre-school settings.

COMMUNITY SERVICE ORGANIZATION VOLUNTEERISM

Employees may use all or part of their annual twenty -four (24) hour allotment of Community Leave to volunteer time in non-profit, non-partisan community organizations which are designated as 501(c)(3) agencies under the Internal Revenue Code, or human services organizations licensed or accredited to serve with citizens with special needs including children, youth and elderly.

In lieu of the twenty-four (24) hour award as noted above, employees may elect to receive one (1) hour of volunteer leave for each week that public schools are in session as documented by a local Board of Education. This leave award shall be used exclusively for tutoring or mentoring a student in accordance with established standards, rules and guidelines for such arrangements as determined and documented by joint agreement with employee's agency or university and the school.

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 already used.

Community Service Leave Form [PDF]

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BONUS LEAVE ENTITLEMENTS

The Office of Human Resources received correspondence form the Offices of State Personnel (OSP) and the President (OP), as it regarded the Special Annual Leave Bonus for state employees, as approved by the North Carolina General Assembly.

The Bonus Leave Program, effective October 1, 2002, entitles permanent, probationary trainee and time-limited full time SPA employees who were eligible for vacation (annual) leave as of September 30, 2002, 80 hours as a vacation bonus. Full-time SPA employees who work less than 12 months and permanent part-time employees (half-time or more) receive pro rata amounts of the 80 hours.

Senior Academic and Administrative Officers (SAAO) and employees exempt from the State Personnel Act (EPA) are entitled to 10 days of bonus leave. Full-time SAAO and EPA employees who work less than 12 months and permanent part-time SAAO and EPA employees who are eligible for annual leave receive pro rata amounts of the 10 days.

Among other uses, bonus leave:

May be used for any purpose for which regular vacation (annual) leave is used;
Is charged in units of time consistent with regular vacation (annual) leave guidelines;
May be applied to negative balances of regular leave earned leave with the approval of the agency head (or designee);
Shall be accounted for separately from regularly earned vacation (annual) leave;
Will not be subject to conversion to sick leave;
Is available to be donated as vacation (annual) leave under the voluntary shared leave program;
Will be paid in addition to regular vacation (annual( leave if an employee leave state government or changes to a non-leave earning status;
Balances on December 31 will be retained by the employee and transferred into the next calendar year. It will not be considered as a part of the maximum 240 hours (30 days) of vacation (annual) leave that can be retained.

The Office of Human Resources, in recognition of the fact that many have expressed interest in utilizing the leave entitlement, and as a result of the General Assembly's mandate to track bonus leave independently of other leave entitlement programs, is presently developing a form for use by employees when requesting supervisory approval for bonus leave.

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CIVIL LEAVE

The University provides Civil Leave with pay for permanent full-time and permanent part-time staff employees when court attendance is necessary for the following reasons:

Jury Duty: The employee is paid for regularly scheduled work time and keeps any fees paid for jury duty;
Witness Not Work-related: The employee may be paid for regularly scheduled work time when subpoenaed to appear as a witness, and remits any fees received to the University or the employee may take Vacation Leave or Leave Without Pay and keep any fees received.

Civil Leave with pay is not granted for an employee's appearance in Court as a plaintiff or defendant in a case not work-related. The employee uses Vacation Leave, if any, or Leave Without Pay for such activity.

OFFICIAL UNIVERSITY COURT DUTY

Time spent on official University duties in Court is time worked and Civil Leave does not apply. The employee remits any fees received for such work to the University. When an employee is required to attend court on a day that he/she would normally be off, the time is considered as working time and is included in the total hours worked per week.

An employee gives the supervisor reasonable advance notice and provides documentation as to purpose and duration of any expected court-required absence. In case of unexpected court-required absence, the employee is responsible for notifying the supervisor as soon as possible.

RETURN TO WORK

When an employee attends court, he/she should use good judgment and return to work in a reasonable period of time when court duty ends before the end of the employee's regular scheduled workday.

COMPENSATION AND BENEFITS

Civil Leave has no effect on an employee's compensation and benefits, unless the employee elects to take Vacation Leave or Leave Without Pay in order to retain any fees received for court duty that would otherwise be remitted to the University.

NOT HOURS WORKED

Civil Leave is never considered as hours worked for the purpose of calculating overtime work or overtime pay in a workweek.

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MILITARY LEAVE (Short Term)

A Short Term Military Leave is granted upon request, and with essential documentation, to a permanent staff employee (full-time and part-time) when he/she requires time away from work because of a mandatory military obligation as a member of one of the following:

-Army National Guard -Air National Guard
-Army Reserve -Air Force Reserve
-Naval Reserve -Coast Guard Reserve
-Marine Corps Reserve

DEFINITION:

Short Term Military Leave is defined as any necessary single absence from work for required military duties as a member of an Armed Forces Reserve unit.

Short Term Military Leave is granted with or without pay, or a combination of the two, depending on the purpose of the leave.

LEAVE WITH PAY

Military Leave with Pay is granted for the following periods of service:

Summer Encampment: Military Leave with pay not to exceed 120 working hours in any calendar year for the purpose of attending a summer camp. Any additional time required is treated as Military Leave Pay, unless the employee elects to use any accumulated Vacation Leave.
Practice Alerts: Unannounced practice alerts when they occur on an employee's normal workday.
Service School: Attendance at Service Schools in lieu of annual active duty for training. A maximum of 120 working hours of Military Leave with pay may be granted for this purpose.
Military Physical Examination: An employee required to report for a physical examination to determined his/her fitness for military service is granted Military Leave with pay. Such leave covers any absence during regularly scheduled working hours necessary for the examination and travel leave.

In addition to the above, Military Leave with pay is granted for the following periods of service for member of the National Guard:

Special Activities: Infrequent special activities in the interest of the State, usually not exceeding one day, when so ordered by the Governor.
Active State Duty: For periods not exceeding thirty consecutive days when ordered by the Governor due to domestic disturbances, disasters, search and rescue, etc. For periods in excess of thirty days, employees are entitled to Military Leave with Differential Pay between military pay and regular University pay if military pay is lesser.

Military Leave for active State duty is to be considered separate from and in addition to Military Leave which may be granted for other purposes.

Entitlement for Civil Air Patrol

The Civil Air Patrol is not a Reserve Component, and time away from work in its service does not qualify for Military Leave with pay under normal situations. However, Military Leave with pay is granted when performing missions or encampments authorized and requested by the U.S. Air Force or emergency missions for the State Veterans Affairs. Under such circumstances, Military Leave with pay is limited to a combined total of 120 hours in any calendar year unless otherwise authorized by the Governor.

DRILLS

Employees are not entitled to Military Leave With Pay for regularly scheduled unit assemblies usually occurring on weekends and referred to as "drills". Although these periods are unacceptable for Military Leave With Pay, supervisors should make every effort to reschedule affected employees' duties in order not to penalize them and to allow them to satisfactorily perform their military duties.

Military Leave Without Pay is granted to Reserve Component members for required periods of service in addition to the customary two-week summer camp.

REQUIRED ATTENDANCE

1. Attendance at Service School: Leave Without Pay is granted when attendance is mandatory for continued retention in the military service or is required by the reserve component because the course is not available by any other means.
Attendance at initial Active Duty Training Under the Reserve Enlistment Program of 1963: Leave Without Pay is granted for active duty training upon initial enlistment in a Reserve Component. This period is variable but averages about six months and is sometimes referred to as "six months active duty". The employee may choose to have accumulated leave until his/her return to State service.
Extended Annual Active Duty: Leave Without Pay is granted if addition time is required for annual active duty for training purposes beyond the allowable 120 working hours each year. The employee may elect to use Vacation Leave rather than go on Leave Without Pay.

COPIES OF ORDERS

The University requires an employee to submit a copy of his/her orders or other appropriate documentation evidencing performance of required military duty. Request for Military Leave and any extension(s) should be made to an employee's supervisors as soon as possible after the employee is notified.

RETENTION AND CONTINUATION OF BENEFITS

During a period of Military Leave With Pay, an employee does not incur any loss of State or University service or suffer any adverse service rating. He/She continues to earn accumulated Sick and Vacation Leave, earn time toward the next salary increase, and receive any promotion or salary increase for which the employee might otherwise be eligible.

An employee's salary increase eligibility date is delayed one month for each month he/she is on Leave Without Pay for over half the work days in the month.

Approved absences for other periods of military duty not specified above are charged to Vacation Leave or Leave Without Pay.

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MILITARY LEAVE (LONG TERM)

A Long Term Military Leave Without Pay is granted upon request, and with essential documentation, to a permanent full-time or part-time staff employee when he/she requires time away from work because of a mandatory obligation or one voluntary enlistment in one of the following armed forces:

Army	Army National Guard	Army Reserve
Air Force	Air Force Reserves	Air National Guard
Marine Corps	Marine Corps Reserve
Navy	Navy Reserve
Coast Guard	Coast Guard Reserve

EFFECTS ON COMPENSATION AND BENEFITS

Military Leave Without Pay affects the following benefits as indicated:

Vacation Leave: Employee may have accumulated leave paid in as lump sum, may exhaust this leave, or may retain part or all of accumulated leave until his/her return to State service.
Sick Leave: Accumulated Sick Leave is retained for future reinstatement.
Salary Increase/Aggregate Service: Employee continues to earn time toward salary increase and aggregate State and University service while serving in the Armed Forces.
Retirement Membership: Employee is entitled to full retirement membership credit for the period of service in the Armed Forces after being separated or released, or becoming entitled to be separated or released, from active military service under other than dishonorable discharge conditions. Employee must file a copy of the service record showing dates of entrance and separation with Teacher's and State Employees' Retirement System. Voluntary enlistments following the earliest discharge are not creditable.

RETIREMENT SERVICE CREDIT

The above on retirement membership service applies only to employees reinstated within the 90-day period after separation. If an employee who has been granted Military Leave Without Pay does not choose to be reinstated to University or other State employment, he/she later returns to University or other State employment within two years after the earliest discharge date, or any time after discharge if he/she has rendered ten or more years of membership service in the Retirement System.

REINSTATEMENT RIGHTS

An employee returning from Military Leave with an honorable discharge is reinstated to his/her regular position and duties held at the time the Military Leave commenced or another job with similar status and pay if the previous job is not available for justifiable reasons.

Employees who resign without knowledge of their eligibility for Leave Without Pay and reinstatement benefits, but who are otherwise eligible for reinstatement benefits of this paragraph, is reinstated from military service the same as if they had applied for and been granted Leave Without Pay for military service.

WORKER'S COMPENSATION LEAVE

University staff employees are fully covered under the Worker's Compensation Law which provides payment for the lost time and medical attention at University expense if an employee has an accident or suffers from an occupational disease.

An employee has the following options for taking leave when receiving Worker's Compensation benefits; although once an option has been selected, it cannot be changed.

Option I: Take accumulated Sick and Vacation Leave, or any portion of each and receive all eligible benefits due under Worker's Compensation: then go on Leave Without Pay and receive all eligible benefits due under Worker's Compensation. Any unused Sick and Vacation Leave may be retained for future use.
Option II: Go immediately on Leave Without Pay and reserve accumulated Sick and Vacation Leave for future use. Under this option the employee will receive all eligible benefits due under Worker's Compensation.

CONTINUATION OF BENEFITS

Annual Salary Increases: When reinstated from Worker's Compensation Leave, an employee's salary is computed on the basis of his/her last salary plus any annual increase or other salary increase to which he/she would have been entitled during the first twelve months on Worker's Compensation. An employee's salary increase anniversary date is not changed for the first twelve months. However, if leave exceeding twelve months is necessary, the salary increase anniversary date is delayed on a month-for-month basis.
Vacation and Sick Leave: An employee drawing Worker's Compensation continues to earn Vacation and Sick Leave credits for a period not to exceed twelve months. If the employee is unable to return to work within the thirty days following the twelve month period, he/she is paid in a lump sum for all accumulated Vacation and Sick Leave. Such payment is made though the employee is granted additional Leave Without Pay or continues to draw Worker's Compensation.

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LEAVE WITHOUT PAY

Leave Without Pay may be granted to a full-time or part-time permanent staff employee for any of the following reasons:

Vacations: Only after any accumulated Vacation Leave has been exhausted.
Sick Leave: Only after any accumulated sick leave has been exhausted.
Extended Educational Leave: Accumulated Vacation Leave may be exhausted before going on Leave Without Pay, or employee may choose to retain part or all accumulated leave until his/her return to University service.
Worker's Compensation: In accordance with the Worker's Compensation Option selected.
Military Leave:
1. Attendance at Service Schools: Vacation Leave may be exhausted or it may be retained for future use.
2. Attendance at Initial Active Duty Training Under the Reserve Enlistment Program of 1963: Accumulated annual leave may be exhausted before going on Leave Without Pay, or the employee may choose to retain part or all of accumulated leave until his/her return to University service.
3. Extended Annual Active Duty: Employee may elect to use Vacation Leave rather than go on Leave Without Pay.
4. Extended Active Duty: 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 his/her return to University service.

EMPLOYEE RESPONSIBILITY

An employee must apply in writing to his/her supervisor for Leave Without Pay. He /She is obligated to return to duty within or at the end of the time granted. If the employee finds that he/she will not return to work, he/she should notify the Office of Resources immediately. Failure to report at the expiration of a leave of absence, unless an extension has been granted, may be considered a resignation.

UNIVERSITY RESPONSIBILITY

The decision to grant Leave Without Pay is an administrative one. Factors considered are workload, need for filling employee's job, chances of employee returning to duty, and chances of the University's ability to reinstate employee to a position of similar status and pay.

NOTIFICATION OF EMPLOYEE

If it is necessary to fill a position vacant by Leave Without Pay, or if it is necessary to terminate an employee on Leave Without Pay, the position may be filled by a temporary or permanent appointment provided the employee on Leave Without Pay is notified of such action immediately.

RETENTION OF BENEFITS

An employee on Leave Without Pay retains all accumulated Sick Leave, retirement status, and time earned toward his/her next salary increase. He/She ceases to earn leave on the Leave Without Pay begins except in cases where an employee is drawing Worker's Compensation. The employee ceases to earn time toward salary increases except while on Military Leave, Leave Without Pay for educational purposes and while drawing Worker's Compensation.

Accumulated Vacation Leave may be exhausted before going on Leave Without Pay, or an employee may choose to retain part or all of accumulated leave until his/her return to University service.

Exceptions:

If an employee has accumulated Vacation Leave, he/she must exhaust all Vacation Leave before going on Leave Without Pay for vacation purposes, or
If an employee requests leave for personal reasons for a period not to exceed 10 workdays, he/she must use Vacation Leave if available, however, if the leave is for a period longer than 10 days, the employee may choose to use Vacation Leave or retain it for future use.

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HOLIDAYS

Fayetteville State University employees receive the following paid holidays each year:

New Year's Day
Martin L. King Jr's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas

The University prepares a holiday schedule on a calendar year basis, and distributes it via e-mail to all departments or offices to be posted where employees have access.

Due to the scheduling of the school term, all holidays may not be observed on their respective calendar dates. However the University's holiday schedule always gives the employee the same number of holidays as approved by the State of Personnel Commission. University Holiday Schedule HR 3.1

When a scheduled holiday falls on Saturday or Sunday, Monday is observed as a holiday unless a special schedule has been adopted.

Permanent part-time employees receive holidays on a pro rata basis. Temporary employees are not eligible for paid holidays.

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LEAVE RECORDS

The University maintains the following cumulative leave records on each permanent staff employee and each 12-month EPA employee.

Vacation Leave;
Sick Leave;

Temporary employees do not receive leave benefits.

All leave time must be recorded on the employee's monthly payroll sheet. This information is then entered into the Banner System.

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LEAVE APPROVAL

A Community Service Leave Form must be completed and presented to the employee's supervisor for approval. Supervisors:

must approve an eligible employees' use of Community Service Leave before it can be used;
may require proof of use of Community Service Leave at any time;
may require the employee to take Community Service Leave at a different time than requested if business necessity dictates that the employee cannot be absent from work;
should make every effort to grant Community Service unless business necessity dictates otherwise.
must maintain record indicating employees using leave and the number of hours used.

LEAVE ACCRUAL

Child Involvement , School and/or Non-Profit Organization Volunteerism
Employees choosing this option will have their leave credited on January 1 of each year. Leave not taken in a calendar year may not be carried over to the next year. Employees are not paid for unused leave at the time of separation. New employees are credited with leave upon hire, prorated at two hours per month for the remainder of the calendar year.

Tutoring and Mentoring in North Carolina Schools
Employees choosing this option are allowed one hour of leave for each week that schools are in session, for a maximum of thirty-six (36) hours per calendar year.

INTERAGENCY TRANSFER

If an employee transfers to another State agency, any balance of leave not used is transferred to the new agency.

SPECIAL LEAVE PROVISIONS

Time off with pay be granted to employees participating in volunteer emergency and rescue services within a limited area around their worksite. Proof that the employee is a member of the emergency volunteer organization and that there is eminent danger to life or property is required for approval.

Participating employees shall be given reasonable time off for blood and bone marrow donorship.

With supervisory approval, an employee may be granted up to fifteen (15) workdays off with pay in a year to participate in disaster relief services. The employee must be a certified disaster relief volunteer of the American Red Cross and be requested by the Red Cross to participate. The disaster must be within North Carolina and designated at a III level or higher. The employee is compensated at his/her regular rate of pay and continues to accrue leave.

This policy is not grievable under the Fayetteville State University Grievance Policy. Please discuss any issues relating to this policy with the Director of Human Resources.

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