Document 6543740

Transcription

Document 6543740

STATE PERSONNEL MANUAL
Leave
Section 5
June 1, 2014
LEAVE
TABLE OF CONTENTS
General Leave Policies-----------------------------------------------------------------------------------
5-1
Adverse Weather and Emergency Closings---------------------------------------------------------
5-2
Civil Leave and Job Related Proceedings-----------------------------------------------------------
5-10
Communicable Disease (See Section 8)
Community Service----------------------------------------------------------------------------------------
5-13
Community Service-Literacy, Tutoring and Mentoring--------------------------------------------
5-18.2
Compensatory Time---------------------------------------------------------------------------------------
5-19
Educational Leave------------------------------------------------------------------------------------------
5-21
Family and Medical Leave-------------------------------------------------------------------------------
5-22
Family and Medical Leave-Qualifying Exigency----------------------------------------------------
5-46
Family and Medical Leave-Military Caregiver-------------------------------------------------------
5-52
Family Illness Leave---------------------------------------------------------------------------------------
5-53
Holidays-------------------------------------------------------------------------------------------------------
5-57
Incentive Leave---------------------------------------------------------------------------------------------
5-62
Leave Without Pay-----------------------------------------------------------------------------------------
5-66
Military Leave------------------------------------------------------------------------------------------------
5-74
Other Management Approved Leave------------------------------------------------------------------
5-87
Sick Leave----------------------------------------------------------------------------------------------------
5-93
Special Leave Awards (See Section 6)
Transfer Leave----------------------------------------------------------------------------------------------
5-98
Vacation Leave----------------------------------------------------------------------------------------------
5-100
Voluntary Shared Leave----------------------------------------------------------------------------------
5-111
Workers’ Compensation Leave (See Section 6)
Revision No. 10
Leave-Table of Contents
STATE HUMAN RESOURCES MANUAL
Leave
Section 5, Page 1
Effective: January 1, 2011
General Leave Policies
________________________________________________________________________
Contents:
Leave Offsetting
________________________________________________________________________
Leave Offsetting
Hours worked in excess of the employee’s established work schedule shall be used
to offset leave reported in the same overtime period. The purpose of paid leave is to
maintain employee income, not enhance it. If employees work additional hours
outside their normal schedule in a work week in which they also have scheduled or
taken time off, the additional time worked "offsets" the time that the employee
intended to cover with available leave. Therefore, the number of leave hours
originally charged must be reduced by the number of additional hours worked. This
offset is mandatory; the employee cannot be paid both for the leave time and the
time outside of the normal schedule.
It does not apply to Holidays, Civil Leave and Other Management Approved Leave
________________________________________________________________________
General Leave Policies
Leave
Section 5, Page 2
Revised: April 1, 2009
Adverse Weather and Emergency Closings
_________________________________________________________________________
Contents:
Purpose
Employees Covered
Definitions
Who Determines Authorized Closing Conditions
Designation of Emergency Personnel
Failure of Emergency Personnel to Report
Agency Procedures Required
Adverse Weather and Other Serious Conditions
Offices Open
Accounting for Time
Make-up Provisions
Transfer to another State Agency
Separation
Emergency Closing Conditions
Alternate Worksites during Closings
Accounting for Time When Closed
Overtime Pay
Purpose
To establish guidelines for accounting for time or releasing employees from work when:
•
adverse weather or other conditions of a serious nature prohibit some employees
from reporting to work but do not necessitate the closing of state offices or
facilities, or
•
emergency conditions necessitate the closing of state offices or curtailing of
operations.
_________________________________________________________________________________
Employees Covered
This policy applies to all employees subject to the Human Resources Act.
Definitions
Adverse weather and other conditions of a serious nature: Adverse weather or other
conditions that may prohibit some employees from reporting to work but do not
necessitate the closing of facilities or curtailing of operations.
Emergency closing conditions: Conditions that necessitate the closing of a state facility
or the curtailing of operations. Conditions that may be hazardous to life or safety and
that may warrant closing of State offices include: catastrophic life threatening weather
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Section 5, Page 3
_________________________________________________________________________
(snow, ice, hurricane, tornado, earthquake, flood or other natural disaster), fire,
equipment failure, disruption of power and/or water, contamination by hazardous agents,
terrorist acts or forced evacuations from the agency or work site.
Emergency employees: Employees who are required to work during an emergency
because their positions have been designated by their agencies as mandatory/essential
to agency operations during emergencies.
Regular workday hours: For this purpose, the regular workday hours apply to schedules
starting at approximately 7:00 a.m. and ending at approximately 6:00 p.m.
_________________________________________________________________________________
Who Determines Authorized Closing Conditions
State government offices/universities and facilities are OPEN, unless a specific decision
has been made by the appropriate official, as outlined below, to close such offices
and/or facilities because of emergency conditions. All other provisions of the policy apply
uniformly.
Administrative agencies within Wake County: The Governor or his/her designee shall
determine if emergency conditions exist and make closing decisions about the regular
workday hours of administrative agencies when conditions affect more than one
administrative office. The Governor’s Office will announce the decisions. A
communication plan will be developed to assure that all employees in Wake County are
informed of closing decisions.
Individual agency heads or their designees shall make decisions about closings when
emergency conditions affect that agency only.
disruption of power and/or water, etc.
This may include equipment failure,
All closings shall be reported to the Human
Resources Director within five days after the occurrence.
Agencies with 24-hour operations: Individual agency heads or their designees shall
make closing decisions for agency operations outside the regular workday hours. All
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Section 5, Page 4
_________________________________________________________________________
closings shall be reported to the Human Resources Director within five days after the
occurrence. They must develop and maintain procedures for making closing decisions
and distribute information on how closing decisions will be communicated to employees.
Agencies with Staff outside the Wake County Area: For agencies outside of Wake
County or that have staff outside of Wake County, the individual agency heads or their
designees shall make closing decisions affecting those agencies or institutions. All
closings shall be reported to the Human Resources Director within five days after the
occurrence. They must develop and maintain procedures for making closing decisions
and distribute information on how closing decisions will be communicated to employees.
The University of North Carolina: The UNC Office of the President shall make closing
decisions it deems appropriate. In addition, the Office of the President may delegate
such authority to the chancellors of constituent institutions and the heads of university
affiliated entities. All closings shall be reported to the Human Resources Director within
five days after the occurrence.
_________________________________________________________________________________
Mandatory Operations/Designation of Emergency Employees
It is recognized that some operations, whether during conditions of a serious nature or
emergency conditions, must continue to provide services. Therefore, agency heads shall
predetermine and designate the mandatory/essential operations that will remain open
and designate the emergency employees to staff these operations.
_________________________________________________________________________________
Failure of Emergency Employees to Report
An emergency employee's failure to report to work can result in disciplinary action and/or
requiring the hours missed to be charged to leave with or without pay, as appropriate.
Exception: When conditions cause an emergency employee to arrive late, the agency head or
designee may determine that the conditions justified the late arrival. In such cases, the lost time
will not be charged to the employee's leave balances or to leave without pay, and no disciplinary
action will be taken.
Leave
Section 5, Page 5
_________________________________________________________________________
_________________________________________________________________________________
Agency Procedures Required
Agencies shall develop written procedures that are consistent with, and incorporate the
provisions of, this policy. They shall at least include:
•
whether the agency offices/facilities must follow the Governor's closing decisions
or the closing decisions of the agency/university head or facility director,
•
how employees will be advised of agency, office, or facility closing decisions,
•
what employees are designated as emergency,
•
how employees will be notified that their positions are designated as emergency,
•
that emergency employees are required to report for, or remain at work in
emergency situations, and
•
an explanation that closing announcements do not apply to emergency
employees unless they are instructed otherwise.
If an agency determines that a situation requires employees not designated as
"emergency employees" to report for work, or remain at work, during an emergency, the
agency should establish a procedure for notifying them individually. Emergency
designations may change depending on the nature of the emergency.
ACCOUNTING FOR TIME - ADVERSE WEATHER OR OTHER CONDITIONS OF A
SERIOUS NATURE
_________________________________________________________________________________
Offices Open During Adverse Weather or Other Conditions of a Serious Nature
It is the responsibility of employees to make a good faith effort to come to work during
times that adverse weather or other conditions of a serious nature exist.
Employees, not working in mandatory/essential operations, who anticipate problems in
transportation should be permitted and encouraged to avail themselves of leave
privileges when encountering difficulty in reporting for work or when leaving early.
_________________________________________________________________________________
Leave
Section 5, Page 6
_________________________________________________________________________
Accounting for Time
To cover absences during adverse weather or other conditions of a serious nature,
employees, who have not been designated as emergency, may elect to:
•
use vacation leave,
•
use bonus leave,
•
use compensatory leave,
•
take leave without pay, or
•
make up the time in accordance with the provisions outlined below.
Employees who are on prearranged vacation leave or sick leave will charge leave to the
appropriate account with no provision for make-up time.
_________________________________________________________________________________
Make-Up Provisions
Where operational needs allow, except for employees in mandatory/essential
operations, management must make reasonable effort to arrange schedules whereby
employees will be given an opportunity to make up time not worked (either by
suspension of services or voluntary action by employee) rather than charging it to leave.
There are very few opportunities for such time to be made up without the employee
working more than forty hours during a workweek. Since hours worked in excess of forty
during a workweek would constitute overtime under Federal regulations for FLSA nonexempt employees, it will be necessary for make-up work by non-exempt employee 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,
civil leave, etc. (See advisory note below for use of compensatory time.) Non-exempt
employees must have advance approval from their supervisor before making up time.
Advisory Note: Non-exempt employees may use compensatory time to make up for time lost if
management approves the overtime in response to bona fide needs for work in excess of forty
hours. If there is no bona fide need for overtime, then the make-up time must be limited to weeks
when a non-exempt employee has not worked a full forty hours due to scheduled or unscheduled
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Section 5, Page 7
_________________________________________________________________________
absences. Agencies must use extreme care in determining when overtime work by non-exempt
employees is justified and decisions to require overtime shall be based on the same criteria as
used when the serious conditions are not an issue.
Employees who volunteer to make up time on a holiday will not receive Holiday Premium
Pay or equal time off with pay. Supervisors must approve working on a holiday to make
up time.
Time must be made up within 12 months from the occurrence of the absence. If it is not
made up within 12 months, the appropriate leave must be charged, or leave without pay.
_________________________________________________________________________________
Transfer to Another State Agency
If the employee transfers to another State agency before the time is made up, the makeup time may be transferred as a minus if the receiving agency is willing to accept it.
Otherwise, the leave must be charged to the appropriate leave or deducted from the
employee’s paycheck by the releasing agency.
_________________________________________________________________________________
Separation
If an employee separates from State government before the time is made up, it must be
charged to vacation/bonus leave or deducted from the final paycheck.
ACCOUNTING FOR TIME - EMERGENCY CLOSING CONDITIONS
_________________________________________________________________________________
Alternate Worksites during Closings
Agency heads may allow employees to telework or may reassign them to alternative
work sites within the same commuting area.
_________________________________________________________________________________
Accounting for Time
The following shall apply when a state facility is closed or operations are curtailed due to
emergency conditions:
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Section 5, Page 8
_________________________________________________________________________
• Employees who are not required to work at an alternate site or as an emergency
employee shall not be required to charge leave or make up the time.
•
Emergency employees required to work during the emergency shall be granted
paid time off on an hour for hour basis for all hours worked. This time must be
used within 12 months of its being awarded. Agencies shall make every effort to
give employees the opportunity to take this time off. It should be used after
compensatory time off, but must be used before vacation or sick leave.
•
If additional employees, not in mandatory/essential operations, are needed for
situations such as cleanup and recovery during the time the agencies remain
closed, the agency head may elect to compensate them in the same manner as
emergency employees.
Employees who are on prearranged vacation leave or sick leave will charge leave to the
appropriate account with no provision for make-up time.
_________________________________________________________________________________
Overtime Pay
FLSA subject employees shall receive overtime compensation, either compensatory
time or pay, for all hours worked over 40 in accordance with the Hours of Work and
Overtime Policy.
FLSA exempt employees may be granted compensatory time or agencies may choose
to use the following provision:
When the Governor declares a State of emergency, agencies are authorized to pay
overtime at straight-time rates to FLSA exempt employees when the following conditions
occur:
•
A gubernatorial declaration of a state of emergency,
•
Requirement by management for employees to work overtime for purposes of
response and/or recovery during the emergency, and
•
Funds are available. The agency shall determine if funds are available and obtain
prior approval from the Office of State Budget and Management to use such
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Section 5, Page 9
_________________________________________________________________________
funds to cover the overtime payments. The agency shall distribute any overtime
pay consistently with a pre-defined standard that treats all employees equitably.
________________________________________________________________________
Leave
Section 5, Page 10
Revised: December 1, 1995
Civil Leave
_________________________________________________________________________
Contents:
Non-Job Related Civil Leave
Policy
Employees Covered
Jury Duty
Shift Employees
Job Related Civil Leave
Policy – Official Job Duties
Employees Covered – Official Duties
Court Attendance - Official Duties
Court Attendance – Official Duties
Shift Employees – Official Duties
NON-JOB RELATED CIVIL LEAVE
_________________________________________________________________________________
Policy
Leave with pay is provided to employees 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.
_________________________________________________________________________________
Covered Employees
Employees with a full-time or part-time (half-time or more) permanent, probationary,
trainee, or time-limited appointment are covered for non-job related civil leave.
Employees with a temporary, intermittent or part-time [less than half-time] appointment
are not eligible for non-job related civil leave but are eligible for job-related civil leave
and other job-related proceedings.
_________________________________________________________________________________
Jury Duty
An employee who serves on a jury is entitled to:
•
leave with pay,
•
regular compensation, and
•
fees received for jury duty.
The employee:
•
should report back to work as soon as jury duty is completed, and
•
must report back to work the day following completion of the duty.
Civil Leave and Job Related Proceedings
Leave
Section 5, Page 11
Civil Leave
_________________________________________________________________________
Note: If jury duty occurs on a scheduled day off, the employee is not entitled to additional time off.
Time on jury duty is not included in total hours worked per week.
_________________________________________________________________________________
Shift Employees
When a second shift employee serves on a jury, the employee will not be required to
work on the day that jury duty occurs. When a third shift employee serves on a jury, the
employee 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.
_________________________________________________________________________________
Court Attendance
When an employee is subpoenaed or directed by proper authority to appear as a
witness, the employee may choose one of the following options:
Option 1
Option 2
• charge no leave, and
• use vacation leave, and
• turn fees received in to the
• retain any fees received
agency
In either case, the time is not considered as work time and is not
included in the total hours worked per week.
Advisory Note: 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.
JOB-RELATED CIVIL LEAVE AND OTHER JOB RELATED PROCEEDINGS
_________________________________________________________________________________
Policy
Leave with pay is provided to an employee to attend court or a job-related proceeding in
connection with official job duties.
Leave
Section 5, Page 12
Civil Leave
_________________________________________________________________________
_________________________________________________________________________________
Employees Covered
In addition to employees with a full-time or part-time (half-time or more) permanent,
probationary, trainee or time-limited appointment, an employee with a temporary,
intermittent or part-time (less than half-time) appointment is also included.
_________________________________________________________________________________
Court Attendance – Official Duties
When an employee attends court in connection with official duties:
•
no leave is required, and
•
fees received as a witness shall be turned in to the agency.
Note: If court is on a day that is normally an off-day, the time is working time and included in the
total hours worked per week.
_________________________________________________________________________________
Shift Employees
When a second or third shift employee is required to attend court or a job-related
proceeding in connection with official job duties, management shall determine the
amount of time off regular duties as may be necessary.
_________________________________________________________________________________
Leave
Section 5, Page 18.2
Revised: June 1, 2014
Community Service Leave-Literacy, Tutoring and
Mentoring
_________________________________________________________________________
Contents:
Policy
Definitions
Covered Employees and Credits
Employee Option for Tutoring and Mentoring
Employee Option for Volunteering for the Literacy Program
Inter-Agency Transfer for Literacy, Tutoring and Mentoring
Not Cumulative
Separation
Policy
In recognition of the State’s interests in supporting its students in compliance with The
Excellent Public Schools Act of 2013, special provisions of the Community Service
Leave policy (Section 5, pages 13-18) allow an alternate option in lieu of regular
Community Service Leave (24 hours) for leave to be granted to:
•
any employee to volunteer in a literacy program in a public school; or
•
any employee for tutoring and mentoring a student in a formal standardized
approved tutoring/mentoring program in a public school or a non-public school.
_________________________________________________________________________________
Definitions
Following are definitions of terms used in this policy:
Terms
School
Definition
An organization that is authorized to operate under the laws of
the State of North Carolina and is:
• an elementary school,
• middle school, or
• high school
Student
Individual who is enrolled and attends classes at a school
authorized to operate in the State of North Carolina.
“At-Risk” Students
Students who, by virtue of their circumstances, are more likely
than others to fail academically.
Literacy Program
An education program recognized and supported by the North
Carolina Department of Public Instruction to provide instruction in
reading and writing.
Revision No. 10
Community Service Leave-Literacy, Tutoring
and Mentoring
Leave
Mentoring
_________________________________________________________________________
In lieu of the regular Community Service Leave (24 hours), an employee, with approval
of the school and supervisor, may be eligible*** to choose one of the following leave
options:
Type of Appointment
Full-time -
Literacy Program
Tutoring/Mentoring
Up to 5 hours a month
One hour a week not to
permanent, probationary,
not to exceed 45 hours
exceed 36 hours a
trainee, or time-limited
a calendar year.
calendar year.
Prorated –equal to
Prorated –equal to
percentage of full- time
percentage of full- time
trainee, or time limited
amount
amount
None
None
Part-time (half time or more) –
Temporary, intermittent, or
part-time (less than half-time)
***Some schools may require volunteers to pass a criminal background check prior to
performing any volunteer work.
If approved for this special provision, the annual amount of leave based on the option
chosen will be accrued on January 1 of the calendar year, but the employee shall not
exceed the monthly/weekly usage restriction.
The employee’s supervisor shall be
responsible for ensuring the employee does not exceed the allowable hours per
month/week.
_________________________________________________________________________________
Employee Option for Tutoring and Mentoring
In lieu of the twenty-four (24) hour leave award for regular Community Service and in
lieu of volunteering for a Literacy Program, an employee may choose to volunteer to
tutor/mentor in a public school or non-public school. Leave under this option shall be
used exclusively for tutoring or mentoring an “at-risk” student in accordance with
established standards rules and guidelines for such arrangements as determined and
Revision No. 10
and Mentoring
Leave
Mentoring
_________________________________________________________________________
documented by joint agreement with the employee’s agency and the public/non-public
school.
The amount of community service leave for tutoring/mentoring is one (1) hour of leave
for 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
charter school or non-public school.
The one hour of leave each week shall be used for tutoring/mentoring an “at-risk”
student determined eligible for the tutoring/mentoring program.
Time spent in
commuting to and from the school and time spent in orientation or volunteer training
must be accounted for using other leave policies such as compensatory time or vacation
leave.
_________________________________________________________________________________
Employee Option for Volunteering for the Literacy Program
In lieu of the twenty-four (24) hour leave award for Community Service and in lieu of
volunteering for the tutoring/mentoring program, an employee may choose to volunteer
in a literacy program in a public school for up to 5 hours each month not to exceed 45
hours in a calendar year. Leave under this option shall be used exclusively for assisting
students in reading and/or writing skills in accordance with established standards rules
and guidelines for such arrangements as determined and documented by joint
agreement with the employee’s agency and the public school.
The amount of community service leave for the literacy program is up to five hours of
leave each month while schools are in session (not to exceed 45 hours a calendar year)
as documented by the elected board of the local education agency.
The five hours of leave each month shall be used for assisting a student in reading
and/or writing. Time spent in commuting to and from the school and time spent in
orientation or volunteer training must be accounted for using other leave policies such as
compensatory time or vacation leave.
Revision No. 10
and Mentoring
Leave
Mentoring
_________________________________________________________________________
________________________________________________________________
Inter-Agency Transfer for Literacy, Tutoring and Mentoring
If an employee transfers to another State agency, the employee should secure approval
from the new supervisor to continue that option prior to the transfer.
_________________________________________________________________________________
Not Cumulative
Leave not taken by the end of the calendar year is forfeited; it shall not be carried into
the next calendar year.
_________________________________________________________________________________
Separation
Employees shall not be paid for any such unused leave upon separation.
_________________________________________________________________________________
Revision No. 10
and Mentoring
Leave
Section 5, Page 13
Community Service Leave
_________________________________________________________________________
Contents:
Policy
Definitions
Changing Options
What is Community Service
Approval of Leave
Inter Agency Transfer
Not Cumulative
Separation
Records
Partisan Political Involvement
Policy
In recognition of the State’s interests in supporting its employees who wish to volunteer
in schools, communities, institutions of higher education, State agencies, and not-forprofit organizations, and recognizing the commitment of State employees to engage in
volunteer service, Community Service Leave, within the parameters outlined below, may
be granted to:
•
parents for involvement with their child in the schools (as defined below)
•
any employee for volunteer activity in the schools (as defined below); or
•
any employee for volunteer activity in a not-for-profit Community Service
Organization (as defined below), or
•
any employee for volunteering in a State of North Carolina Public University,
Community College System or State agency provided that the service is outside
of the employee’s normal scope of duties and responsibilities and that the
employee is not receiving any form of compensation for the services rendered.
In addition, there are special provisions (Section 5, Page 20) for granting Community
Service Leave to:
•
any employee for tutoring and mentoring in public or private schools, or
•
any employee to volunteer in a literacy program in any public school
_________________________________________________________________________________
Revision No. 10
Leave
Section 5, Page 14
_________________________________________________________________________
Definitions
Terms
Community Service
Definition
The act of supporting citizens of North Carolina through
volunteer service.
Volunteer
A person who willingly chooses to perform hours of service for
civic, charitable or humanitarian reasons without promise or
expectation of compensation for services provided.
School
An organization that is authorized to operate under the laws of
(public or private)
the State of North Carolina and is:
• an elementary school,
• middle school,
• high school, or
• a licensed child care program
Advisory Note: For employees who live in a state adjacent to
North Carolina, the agency may grant community service leave
to parents for involvement in the child’s school
Public University
A constituent institution of the University of North Carolina.
Community College
An educational institution that is a member of the North Carolina
Community College System.
State Agency
A State government agency that is authorized to operate under
the laws of the State of North Carolina.
Child
A son or daughter who is:
• a biological child,
• an adopted child,
• a foster child
• a step-child,
• a legal ward
• a child of an employee standing in loco parentis
Revision No. 10
Leave
Section 5, Page 15
_________________________________________________________________________
Community Service
A not-for-profit, non-partisan community organization which is
Organization
designated as a 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.
Advisory Note: Although religious organizations may be 501(c)(3)
agencies, this leave does not apply to activities designed to
promote religious beliefs.
With approval of the supervisor, an employee is eligible for Community Service Leave as
follows:
Type of Appointment
Full-time -
Amount Granted
24 hours per calendar year*
See special provision (Section 5, Page 20) options
for volunteering in a literacy program or
tutoring/mentoring
Part-time (half time or more) –
Prorated proportionately to percentage of full- time
equivalent for the position. Example, an individual
trainee, or time limited
with a half-time appointment is eligible for 12 hours
per calendar year.
None
*The twenty-four hours (24) of paid leave shall be credited to each employee on January
1 of each year, unless the employee chooses one of the special provision options for
volunteering in a literacy program or tutoring/mentoring.
Newly hired employees shall be credited with leave immediately upon their employment,
prorated at two hours per month for the remainder of the calendar year. Separated
employees that are re-employed within the same calendar year are credited Community
Service Leave the same as newly hired employees; however, the combination of reRevision No. 10
Leave
Section 5, Page 16
_________________________________________________________________________
employment credit hours and total hours used prior to separation in the same calendar
year cannot exceed the annual 24 hour maximum leave benefit.
_________________________________________________________________________________
Changing Options
If an employee chooses to change options from regular Community Service Leave to the
special provisions for volunteering for the literary program or tutoring/mentoring or vice
versa, 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.
_________________________________________________________________________________
What is Community Service
Community service, for this purpose, is:
•
meeting with a teacher or administrator concerning the employee’s child,
•
attending any function sponsored by the school in which the employee’s child is
participating. This provision shall only be utilized in conjunction with nonathletic
programs that are a part or supplement to the school’s academic or artistic
program,
•
performing school-approved volunteer service approved by a teacher, school
administrator, or program administrator,
•
performing a service for a community service organization
•
performing volunteer service for a public university** that is approved by a
university administrator or other authorized university official;
•
performing volunteer service for a community college that is approved by a
community college administrator or other authorized community college official,
or
•
performing volunteer service for a State agency** that is approved by the agency
head or his/her designee.
**An individual shall not be considered a volunteer if the person is otherwise
employed by a State agency or State university to perform the same type of
service as those for which the person proposes to volunteer.
Revision No. 10
Leave
Section 5, Page 17
_________________________________________________________________________
Notes:
(1) Service does not include activities designed to promote religious beliefs such as teaching or
leading religious assemblies or in raising funds to support religious activities. Service would
include activities supported by religious organizations such as volunteering in soup kitchens,
homeless shelters or other community activities.
(2) Service may include serving inside a polling facility to assist voters with the voting process as
long as the employee is not receiving pay for the service.
Vacation leave rather than
Community Service leave must be used if the employee is receiving pay for the "inside" poll
work or if the employee is distributing brochures, transporting voters or other partisan
campaigning outside of the polls.
(3) Service for a fundraising event is eligible for Community Service Leave if there is a bona-fide
volunteer relationship and the fundraising event is directly sponsored and supported by an
eligible community service organization. For example, playing in a golf tournament that is
raising money for the American Cancer Society is not considered a volunteer activity that
would be eligible for Community Service Leave; however, setting up tents, handling parking
and registration, or serving at the food tent at the fundraising golf event would be considered
a volunteer activity and would be eligible for community service leave. Volunteering at a
fundraising event for an individual citizen or political party is not eligible for Community
Service Leave.
(4) Disaster relief service must be performed through a recognized eligible disaster relief
organization; example, the American Red Cross.
(5) The ‘child involvement’ provision of the policy is limited to child day care, elementary school,
middle school or high school involvement. A parent cannot, for example, use community
service leave for on-site visits to colleges for the purpose of selecting a college, or to attend
college orientations or assist with moving the child in and out of the on-campus housing, or
for attendance at college graduations.
(6) Community Service leave for volunteer service is meant to be used for actual service time.
Time spent training to be a volunteer is not covered by Community Service Leave. Also, time
spent in administrative duties such as attending organization meetings, electing officials, or
attending social events sponsored by an organization shall not be covered by Community
Service Leave
_________________________________________________________________________________
Revision No. 10
Leave
Section 5, Page 18
_________________________________________________________________________
Approval of Leave
Employees must receive approval from their supervisor to use this leave. The supervisor
or other agency/institution manager may require that the leave be taken at a time other
than the one requested, based on the needs of the agency.
Leave shall only be
requested and approved for community service that occurs during the employee’s
regularly scheduled hours of work. Agencies with shift employees regularly scheduled to
work evening or night shift with a shift schedule in excess of a regular 8 hour shift may
allow the use of community service leave in situations where the employee’s
participation in community service outside of the normal work schedule significantly
impacts the employee’s normal sleep period.
The agency may require acceptable proof that leave is being utilized in accordance with
the purpose of this policy. Reasonable travel time may be included in approved time for
community service, but only for the time that intersects the employee’s regular work
schedule. The majority of the leave shall be used for direct volunteer service.
______________________________________________________________________________
Inter-Agency Transfer
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 to continue with
that option prior to the transfer.
_________________________________________________________________________________
Not Cumulative
Leave not taken by the end of the calendar year is forfeited; it shall not be carried into
the next calendar year.
_________________________________________________________________________________
Separation
Employees shall not be paid for any such unused leave upon separation.
_________________________________________________________________________________
Revision No. 10
Leave
_________________________________________________________________________
Records
The use of Community Service leave shall be reported separately from all other paid
leave. Employees and supervisors are responsible for timely and accurately reporting
the use of Community Service leave on the employee’s time record.
_________________________________________________________________________________
Partisan Political Involvement
Partisan political activity during State time and the use of State equipment or property for
any community service 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. State employees engaging in political activity must do
so in accordance with G.S. 126-13 of the Human Resources Act.
_________________________________________________________________________________
Revision No. 10
Leave
Section 5, Page 19
Revised: January 1, 2011
Compensatory Time
___________________________________________________________________________
Contents:
Policy
Covered Employees
Amount
Not Cumulative
Not Transferable
Separation
Policy
Under the State’s overtime compensation policy, certain employees are designated as
Administrative, Executive or Professional. Employees in these categories are exempt
from the provision for overtime pay. To grant these employees compensating time is a
decision that must be made by the agency head. When compensatory time is granted to
Administrative, Executive, or Professional employees, the provisions outlined below
apply.
_________________________________________________________________________________
Covered Employees
Full-time and part-time (20 hours or more) permanent, probationary, trainee and timelimited employees are eligible for compensatory time.
Temporary, intermittent and part-time (less than half-time) employees are not eligible for
compensatory time.
_________________________________________________________________________________
Amount
Compensatory time is awarded at a rate not to exceed the individual’s straight-time
equivalent rate.
_________________________________________________________________________________
Not Cumulative
Compensatory time is not cumulative beyond a twelve-month period.
_________________________________________________________________________________
Not Transferable
Compensatory time may not be transferred to another agency.
Compensatory Time
Leave
Section 5, Page 20
Compensatory Time
___________________________________________________________________________
Separation
Compensatory time is lost when an employee is separated from State service. The
employee’s separation date may not be moved forward in order to pay for compensatory
time.
_________________________________________________________________________________
Advisory Note: Agencies may develop their own policy within these guidelines.
____________________________________________________________________________
Compensatory Time
Leave
Section 5, Page 21
Educational Leave
___________________________________________________________________________
Contents:
Policy
Educational Leave without Pay
Extended Educational Leave with Pay
Extended Educational Leave without Pay
Policy
The State may provide leave with pay or leave without pay for certain types of
educational courses. The references to these specific policies are set out below.
_________________________________________________________________________________
Educational Leave without Pay
The State provides leave with pay for certain types of educational courses. For details,
see Academic Assistance Policy.
_________________________________________________________________________________
Extended Educational Leave with Pay
State agencies may provide extended educational leave if certain criteria are met and
approved by the Office of State Personnel. For details, see Academic Assistance Policy.
_________________________________________________________________________________
Extended Educational Leave without Pay
Extended educational leave without pay shall be granted in accordance with the normal
leave policy as outlined in the Leave without Pay Policy.
_________________________________________________________________________________
Educational Leave
Leave
Section 5, Page 22
Revised: March 8, 2013
Family and Medical Leave
Contents:
Purpose
Definitions
Covered Employees and Eligibility
Amount of Leave and Qualifying Reasons for Leave
What counts towards the 12 or 26 weeks leave?
Leave Charges Options
Intermittent Leave or Reduced Work Schedule
Agency Responsibilities
Employee Responsibilities
Certification
Employment and Benefits Protections
Interference with Rights
Enforcement
Posting and Recordkeeping Requirements
Purpose
Family and Medical Leave Act of 1993 was passed by Congress to balance the
demands of the workplace 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.
This Act provides reasonable unpaid (1) Family and medical leave for the birth of a child
and to care for the newborn child; for the placement of a child with the employee for
adoption or foster care; for the care of a child, spouse or parent who has a serious
health condition; for the employee’s own serious health condition; (2) Qualifying
Exigency Leave for families of covered members and (3) Military Caregiver Leave.
_________________________________________________________________________________
Definitions
Following are definition of terms used in this policy:
Parent - a biological, adoptive, step or foster father or mother or an individual who stood
in loco parentis (a person who is in the position or place of a parent) to an employee
when the employee was a child. This term does not include parents “in-law”.
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Section 5, Page 23
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
and who is:
•
a biological child,
•
an adopted child,
•
a foster child (a child for whom the employee performs the duties of a parent as if
it were the employee’s child),
•
a step-child (a child of the employee’s spouse from a former marriage),
•
a legal ward (a minor child placed by the court under the care of a guardian), or
•
a child of an employee standing in loco parentis.
Spouse – A husband or wife recognized by the State of North Carolina
Incapable of Self Care - the individual requires active assistance or supervision to
provide daily self-care in several of the “activities of daily living” (ADLs) or “instrumental
activities of daily living” (IADLs). Activities of daily living include adaptive activities such
as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating.
Instrumental activities of daily living including cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using telephone and directories,
using a post office, etc.
Physical or Mental Disability – a physical or mental impairment that substantially limits
one or more of the major life activities of an individual as regulated under 29 CFR part
1630, issued by the Equal Employment Opportunity Commission under the Americans
with Disabilities Act (ADA).
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Section 5, Page 24
Serious Health Condition – an illness, injury, impairment, or physical or mental condition
that involves:
1. inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical
facility, including any period of incapacity (defined to mean inability to work, attend
school or perform other regular daily activities due to the serious health condition,
treatment for or recovery from), or any subsequent treatment in connection with such
impairment; or
2. continuing treatment by a health care provider involving one or more of the following:
a. a period of incapacity as defined above of more than three consecutive, full
calendar days, and any subsequent treatment or period of incapacity relating to
the same condition that also involves:
1) treatment two or more times, within 30 days of the first day of incapacity,
unless extenuating circumstances exist, by a health care provider, by a nurse
under direct supervision of a health care provider, or by a provider of health
care services under orders of or on referral by a health care provider, or
2) treatment by a health care provider on at least one occasion, which results in
a regimen of continuing treatment under the supervision of the health care
provider
3) the requirements in paragraph (a)(1) and (a)(2) of this section for treatment
by a health care provider means an in-person visit to a health care provider.
The first (or only) in-person treatment visit must take place within seven days
of the first day of incapacity.
4) Whether additional treatment visits or a regimen of continuing treatment is
necessary within the 30-day period shall be determined by the health care
provider.
5) The term “extenuating circumstances” in paragraph (a)(1) of this section
means circumstances beyond the employee’s control that prevent the followup visit from occurring as planned by the health care provider (i.e., no
available appointments).
b. any period of incapacity due to pregnancy or for prenatal care, even when the
employee or family member does not receive treatment from a health care
Revision No. 6
Leave
Section 5, Page 25
provider during the absence and even if the absence does not last more than
three days (prenatal examinations, severe morning sickness)
c. any period of incapacity or treatment due to a “chronic serious health condition,”
even when the employee or family member does not receive treatment from a
health care provider during the absence and even if the absence does not last
more than three days, which is defined as one:
•
requiring periodic visits (at least two visits per year) for treatment by a health
care provider, or by a nurse or physician’s assistant under the direct
supervision of a health care provider,
•
continuing over an extended period of time (including recurring episodes of a
single underlying condition), and
•
which may cause episodic rather than continuing period(s) of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.)
d. incapacity for a permanent or long-term condition for which treatment may not be
effective (Alzheimer’s, a severe stroke or terminal stages of a disease)
e. multiple treatments for restorative surgery or incapacity for serious conditions that
would likely result in a period of incapacity of more than three consecutive, full
calendar
days
in
the
absence
of
medical
intervention
or
treatment
(chemotherapy, radiation, dialysis, etc.)
Advisory Note: Ordinarily, unless complications arise, the following are examples of conditions
that do not meet the definition:
common cold, flu, ear aches, upset stomach, minor ulcers,
headaches other than migraine, routine dental or orthodontia problems, periodontal disease,
cosmetic treatments, etc. The following may meet the definition if all other conditions of this
section are met: restorative dental or plastic surgery after an injury or removal of cancerous
growths, mental illness, allergies, or treatment from substance abuse.
Incapacity – inability to work, attend school or perform other regular daily activities due to
the serious health condition, treatment therefore, or recovery therefrom.
Revision No. 6
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Section 5, Page 26
Treatment – examinations to determine if a serious health condition exists and
evaluations of the condition. Treatment does not include routine physical exams, eye
exams, or dental examinations.
A regimen of continuing treatment includes, for
example, a course of prescription medication (e.g. an antibiotic) or therapy requiring
special equipment to resolve or alleviate the health condition (e.g. oxygen). A regimen
of continuing treatment that includes the taking of over-the-counter medications such as
aspirin, antihistamines, or salves, or bed-rest, drinking fluids, exercise, and other similar
activities that can be initiated without a visit to the health care provider, is not, by itself,
sufficient to constitute a regimen of continuing treatment for purposes of FML.
Health Care Provider - a Doctor of medicine or osteopathy who is authorized to practice
medicine or surgery in the State of North Carolina, or any other person determined by
statute, credential or licensure to be capable of providing health care services which
include:
• Physician assistants, Podiatrists, Dentists, Clinical psychologists, Clinical social
workers, Optometrists, Nurse practitioners, Nurse midwives, Chiropractors (limited to
treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist)
• Health care providers from whom state approved group health plans will accept
certification of a serious health condition to substantiate a claim for benefits
• Foreign health care providers in above stated areas who are authorized to practice in
that country and who are performing within the scope of the laws
• Christian Science practitioners listed with First Church of Christian Scientists in
Boston, MA.
(Note: In this situation, the employee cannot object to an agency requirement to obtain a
second or third certification. For employees or family members receiving treatment
through a Christian Science practitioner, an employee may not object to any requirement
that the employee or family member submit to an examination (though not treatment) to
obtain a second or third opinion)
Revision No. 6
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Section 5, Page 27
Workweek - the number of hours an employee is regularly scheduled to work each
week, including holidays.
Reduced Work Schedule - a work schedule involving less hours than an employee is
regularly scheduled to work.
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 due to a single qualifying reason
12-Month Period - the 12-month period measured forward from the date any employee’s
family and medical leave begins.
_________________________________________________________________________________
An employee’s eligibility for family and medical leave shall be made based on the
employee’s months of service and hours of work as of the date leave is to commence.
An employee is eligible if:
Full-time
• has 12 months cumulative service with
Permanent, probationary,
State government, including temporary
trainee, or time-limited, or
service (See (1)
Part-time (half-time or more)
and (2)
notes below.), and
• has been in pay status at least 1040
hours during the previous 12-months.
Note: This leave shall be without pay.
• has 12 months cumulative service (See
(1) and (2)
notes below.), and
• has been in pay status at least 1250
hours during the previous 12 months.
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Advisory Note: For the purpose of FML eligibility, State government is considered a single
employer. Any employment , including temporary employment in a State agency position
including employment through Temporary Solutions or other State agency administered
temporary service, would be considered State service. State service does not include
service with SPA local government agencies, public schools, or community colleges. State
service also does not include temporaries hired through private staffing agencies.
(1)
Employment periods prior to a break in service of seven years or more shall not be
counted in determining whether the employee has been employed by the agency for at
least 12 months.
(2)
USSERA-covered military service in the Regular Armed Forces, National Guard or
reserves count as time worked to determine eligibility for FML.
_________________________________________________________________________________
Amount of Leave and Qualifying Reasons for Leave
(1) An eligible employee is entitled to a total of 12 workweeks, paid or unpaid, leave
during any 12-month period:
Advisory Note: This leave is provided for both spouses even if employed in the same
agency.
(a) for the birth of a child and to care for the newborn child after birth, provided the
leave is taken within a 12-month period following birth, or
Note: An expectant mother may also take FMLA leave before the birth of the child for
prenatal care or if her condition makes her unable to work, or requires a reduced
work schedule.
(b) for the placement of or to care for a child placed with the employee for adoption
or foster care, provided the leave is taken within a 12-month period following
placement, or
Note: FMLA leave must also be granted before the actual placement or adoption of
a child if an absence from work is required for the placement for adoption or foster
care to proceed.
(c) for the employee to care for the employee’s child, spouse, or parent, where that
child, spouse, or parent has a serious health condition, (also, see the Family
Revision No. 6
Leave
Section 5, Page 29
Illness Leave Policy for extended leave for up to an additional 52 weeks for these
reasons),or
(d) because the employee has a serious health condition that prevents the employee
from performing one or more essential functions of the position, or
(e) because of any qualifying exigency. (See FMLA-Qualifying Exigency Policy)
Military Caregiver Leave– An eligible employee who is the spouse, son, daughter, parent, or
next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave
during a single 12-month period. (See FMLA-Military Caregiver Policy)
_________________________________________________________________________________
What counts towards the 12 or 26 weeks leave?
Paid or Unpaid Leave - All approved periods of paid leave and periods of leave without
pay (including leave without pay while drawing short-term disability benefits) count
towards the 12 (or 26, as appropriate) workweeks to which the employee is entitled. This
includes leave taken under the Voluntary Shared Leave Policy.
Holidays occurring during a FMLA period of a full week count toward the FMLA leave
entitlement. Holidays occurring during a partial week of FMLA leave do not count against
the FMLA leave entitlement, unless the employee was otherwise scheduled and
expected to work during the holiday.
If the agency closes for one or more weeks, the days that the agency is closed do not
count against the employees’ FMLA leave entitlement (e.g. a school closing two weeks
for the Christmas holidays, or summer vacation).
Workers’ Compensation Leave - If an employee is out on workers’ compensation leave
drawing temporary total disability, the time away from work is not considered as a part of
the FMLA entitlement.
Compensatory Time – All compensatory time used shall be counted against the
employee’s FMLA leave entitlement. See the following Leave Charge Options.
Revision No. 6
Leave
Section 5, Page 30
Leave Charges Options
In some cases, the employee has an option to exhaust leave or go on leave without pay.
Use of paid leave must be decided upon initial request of leave and used prior to going
on leave without pay. Listed below are the options.
Note: An employee may not change their work schedule in order to extend the period of paid
leave. Example: An employee may not switch from a 40-hour schedule to a 30-hour schedule in
order to lengthen their pay status.
Provision for Agencies in the BEACON HR/Payroll System: In compliance with the OSP FLSA
policy, all agencies must require FLSA “subject” employees to use overtime compensatory time
prior to using vacation/bonus leave. In the BEACON HR/Payroll System, if an employee chooses
to exhaust vacation/bonus leave in any of the following situations it shall be used after overtime
compensatory time, on-call compensatory time, holiday compensatory time and travel
compensatory time.
If leave is for:
the employee
Birth (applies
may choose to exhaust all or any portion of sick leave and/or
to both
vacation/bonus leave or go on leave without pay during the
parents) and
period of disability. Only vacation/bonus or leave without pay
child care after
may be used before and after the period of disability unless the
birth
sick leave policy becomes appropriate for medical conditions
affecting the mother or child.
Adoption
may choose to exhaust available vacation/bonus leave(or any
portion), a maximum of 30 days sick leave (see Sick Leave
Policy), or go on LWOP.
Foster Care
may choose to exhaust available vacation/bonus leave (or any
portion) or go on LWOP.
Revision No. 6
Leave
Section 5, Page 31
Illness of
may choose to exhaust available sick and/or vacation/bonus
Child, Spouse,
leave, or any portion, or go on LWOP.
Parent
Employee’s
does not have the option of taking leave without pay if sick leave
Illness
is available; however, the employee may use vacation/bonus
leave in lieu of sick leave. If the illness extends beyond the 60day 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.
Military
See FML-Military Caregiver policy.
Caregiver
Qualifying
See FML-Qualifying Exigency policy.
Exigency
Leave may be taken intermittently or on a reduced schedule for the following:
(1) When medically necessary, 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. (This would also apply to next of kin to care for a service
member - see FML-Military Caregiver policy.)
(2) Because of any qualifying exigency (see FML-Qualifying Exigency policy.)
(3) When leave is taken after childbirth or for adoption/foster care, the employee
may take leave intermittently or on a reduced schedule only if the agency agrees.
There is no minimum limitation on the amount of leave taken intermittently; however, the
agency may not require leave to be taken in increments of more than one hour.
If leave is foreseeable, based on planned medical treatment, the agency may require the
employee to transfer temporarily to an available alternative position for which the
Revision No. 6
Leave
Section 5, Page 32
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 leave entitlement.
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.
Procedure: 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 agency must
submit a personnel action form showing a change in the number of hours the employee is
scheduled to work. This will result in an employee earning pay and leave at a reduced rate. The
agency remains responsible for paying the employee’s medical premium.
_________________________________________________________________________________
AGENCY RESPONSIBILITIES
_________________________________________________________________________________
Notification of FMLA Provisions
Each agency is required to post and keep posted in conspicuous places a notice
explaining the Act's provisions and providing information concerning the procedures for
filing complaints of violations of the Act with the Wage and Hour Division. The notice
must be posted prominently where it can be readily seen by employees and applicants
for employment.
In addition to posting the FMLA provisions, handbooks and other written materials must
include the general notice information. Where such materials do not exist, the agency
must provide the general notice to new employees upon being hired, rather than
requiring that it be distributed to all employees annually.
Agencies are permitted to distribute the handbook or general notice to new employees
through electronic means so long as all of the information is accessible to all employees,
that it is made available to employees not literate in English (if required), and that the
Revision No. 6
Leave
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information provided includes, at a minimum, all of the information contained in the
general notice.
Note: Agencies may duplicate and provide the employee a copy of the FMLA Fact Sheet
available from the Wage and Hour Division.
_________________________________________________________________________________
Notice of Eligibility
When an employee requests FMLA leave, or when the agency knows that an
employee's leave may be for an FMLA-qualifying reason, the employee must be notified
of the employee's eligibility to take FMLA leave within five business days, absent
extenuating circumstances.
Employee eligibility is determined (and notice must be
provided) at the commencement of the first instance of leave for each FMLA-qualifying
reason in the applicable 12-month period. All FMLA absences for the same qualifying
reason are considered a single leave and employee eligibility as to that reason for leave
does not change during the applicable 12-month period.
If the employee is not eligible for FMLA leave, the notice must state at least one reason
why the employee is not eligible. Notification of eligibility may be oral or in writing.
If, at the time an employee provides notice of a subsequent need for FMLA leave during
the applicable 12-month period due to a different FMLA-qualifying reason, and the
employee's eligibility status has not changed, no additional eligibility notice is required. If,
however, the employee's eligibility status has changed the agency must notify the
employee of the change in eligibility status within five business days, absent extenuating
circumstances.
The agency shall provide written notice detailing the specific expectations and
obligations of the employee and explaining any consequences of a failure to meet these
obligations. This notice shall be provided to the employee each time the eligibility notice
is provided. If leave has already begun, the notice should be mailed to the employee's
address of record. Such specific notice must include, as appropriate:
Revision No. 6
Leave
Section 5, Page 34
•
That the leave may be designated and counted against the employee's annual
FMLA leave entitlement;
•
Requirements for the employee to furnish certifications;
•
The employee's right to substitute paid leave;
•
Requirement for the employee to make any premium payments to maintain
health benefits and the arrangements for making such payments;
•
The employee's status as a ``key employee'' and the potential consequence that
restoration may be denied following FMLA leave, explaining the conditions
required for such denial;
•
The employee's rights to maintenance of benefits during the FMLA leave and
restoration to the same or an equivalent job upon return from FMLA leave; and
•
The employee's potential liability for payment of health insurance premiums paid
by the agency during the employee's unpaid FMLA leave if the employee fails to
return to work after taking FMLA leave.
Designation of Leave as FMLA Leave
It is the responsibility of the agency to:
•
determine that leave requested is for a FMLA qualifying reason, and
•
designate leave, whether paid or unpaid, as FMLA leave even when an
employee would rather not use any of the FMLA entitlement.
The agency must give notice of the designation to the employee within five business
days absent extenuating circumstances. The notice may be oral or in writing, but must
be confirmed in writing no later than the following payday.
If the agency determines that the leave will not be designated as FMLA-qualifying (e.g.,
if the leave is not for a reason covered by FMLA or the FMLA leave entitlement has been
exhausted), the agency must notify the employee of that determination.
For military caregiver leave that also qualifies as leave taken to care for a family member
with a serious health condition, the agency must designate such leave as military
Revision No. 6
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caregiver leave first. The leave cannot be counted against both an employee’s
entitlement of 26 workweeks of military caregiver leave and 12 workweeks of leave for
other qualifying reasons.
The key in designating FMLA leave is the qualifying reason(s), not the employee’s
election or reluctance to use FMLA leave or to use all, some or none of the accrued
leave. The agency’s designation must be based on information obtained from the
employee or an employee’s representative (e.g., spouse, parent, physician, etc.).
If the agency will require the employee to present a fitness-for-duty certification to be
restored to employment, the agency must provide notice of such requirement with the
designation notice. If the agency will require that the fitness-for-duty certification address
the employee's ability to perform the essential functions of the employee's position, the
agency must so indicate in the designation notice, and must include a list of the essential
functions of the employee's position.
The agency must notify the employee of the amount of leave counted against the
employee's FMLA leave entitlement.
The agency may retroactively designate leave as FMLA leave with appropriate notice to
the employee provided that the agency's failure to timely designate leave does not cause
harm or injury to the employee. In all cases where leave would qualify for FMLA
protections, the agency and employee can mutually agree that leave be retroactively
designated as FMLA leave.
_________________________________________________________________________________
Designation of Paid Leave as FMLA Leave
When an employee is on paid leave but has not given notice of the need for FMLA
leave, the agency shall, after a period of 10 workdays, request that the employee
provide sufficient information to establish whether the leave is for a FMLA-qualifying
reason. This does not preclude the agency from requesting the information sooner, or at
any time an extension is requested.
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If an absence which begins as other than FMLA leave later develops into an FMLA
qualifying absence, the entire portion of the leave period that qualifies under FMLA may
be counted as FMLA leave.
Designation of FMLA Leave after Return to Work
The agency may not designate leave that has already been taken as FMLA leave after
the employee returns to work, with two exceptions:
•
if an employee is out for a reason that qualifies for FMLA leave and the agency
does not learn of the reason for the leave until the employee returns to work, the
agency may designate the leave as FMLA leave within two business days of the
employee’s return; or
•
if the agency has provisionally designated the leave under FMLA leave and is
awaiting receipt from the employee of documentation.
Similarly, the employee is not entitled to the protection of the FMLA if the employee
gives notice of the reason for the leave later than two days after returning to work.
_________________________________________________________________________________
EMPLOYEE RESPONSIBILITIES
_________________________________________________________________________________
Notice
The employee shall give notice to the supervisor of the intention to take leave under this
policy unless the leave is a medical emergency. The notice must follow the agency’s
usual and customary call-in procedures for reporting an absence. The employee must
explain the reasons for the needed leave in order to allow the agency to determine that
the leave qualifies under the Act.
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If the reason for leave is foreseeable
the employee shall:
and is:
For Birth/Adoption/Foster Care
give the agency not less than a 30-day notice, in
writing. If the date of the birth or adoption requires
leave to begin in less than 30 days, the employee
shall provide such notice as is practicable, which
means within one or two business days of when the
need for leave becomes known to the employee.
For Planned Medical Treatment
(1) make a reasonable effort to schedule the
treatment so as not to disrupt unduly the operations
and
(2) give not less than a 30-day notice. If the date of
the treatment requires leave to begin in less than 30
days, the employee shall provide such notice as is
practicable.
Due to Active Duty of Family
See FML-Qualifying Exigency policy.
Member
If the employee will not return to work after the period of leave, the agency shall be notified in
writing. Failure to report at the expiration of the leave, unless an extension has been requested,
may be considered as a resignation.
_________________________________________________________________________________
CERTIFICATION REQUIREMENTS FOR FAMILY AND MEDICAL LEAVE
_________________________________________________________________________________
Certification
The employee shall provide certification in accordance with the provisions listed below. If
the employee does not provide medical certification, any leave taken is not protected by
FMLA.
The agency should request medical certification within five business days after the
employee provides notice of the need for FMLA leave.
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The employee shall provide a copy of the health care provider’s certification within the
time frame requested by the agency (which must be at least 15 calendar days) unless it
is not practicable under the particular circumstances to do so despite the employee's
diligent, good faith efforts.
_________________________________________________________________________________
Certification Requirements
Certification shall be sufficient if it states the following:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider
regarding the condition;
(4) When caring for a child, spouse or parent, a statement that the employee is
needed and an estimate of the amount of time that such employee is needed;
(5) When for the employee’s illness, a statement that the employee is unable to
perform the functions of the position;
(6) When for intermittent leave, or leave on a reduced work schedule, for planned
medical treatment, the dates on which treatment is expected and the duration;
(7) When for intermittent leave, or leave on a reduced work schedule for the
employee’s illness, a statement of the medical necessity for the arrangement and
the expected duration;
(8) When for intermittent leave, or leave on a reduced work schedule, to care for a
child, parent or spouse, a statement that the arrangement is necessary or will
assist in their recovery and the expected duration.
Note: Medical Certification Form - Form WH-380, developed by the Department of Labor
as an optional form for use in obtaining medical certification, including second and third
opinions, may be used. Another form containing the same basic information may be
used; however, no information in addition to that requested on Form WH-380 may be
required.
_________________________________________________________________________________
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Validity of Certification
If an employee submits a complete certification signed by the health care provider, the
agency may not request additional information; however, a health care provider, human
resource professional, a leave administrator, or a management official representing the
agency may contact the employee’s health care provider, with the employee’s
permission, for purposes of clarification and authenticity of the medical certification. In no
case, may the employee’s direct supervisor contact the employee’s health care provider.
If an agency deems a medical certification to be incomplete or insufficient, the agency
must specify in writing what information is lacking, and give the employee seven
calendar days to cure the deficiency.
Second Opinion - An agency that has reason to doubt the validity of a medical
certification may require the employee to obtain a second opinion with the following
conditions:
•
The agency bears the expenses, including reasonable “out of pocket” travel
expenses.
•
The agency may not require the employee or family member to travel outside
normal commuting distance except in very unusual circumstance.
•
Pending receipt of the second (or third) opinion, the employee is provisionally
entitled to FLMA leave.
•
If the certifications do not ultimately establish the employee’s entitlement to
FMLA leave, the leave shall not be designated as FMLA leave.
•
The agency is permitted to designate the health care provider to furnish the
second opinion, but the selected health care provider may not be employed on a
regular basis by the agency unless the agency is located in an area where
access to health care is extremely limited.
Third Opinion - If the opinions of the employee’s and the agency’s designated health
care providers differ, the agency may require the employee to obtain certification from a
third health care provider, again at the agency’s expense. This third opinion shall be final
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and binding. The third health care provider must be designated or approved jointly by the
agency and the employee.
The agency is required to provide the employee, within two business days, with a copy
of the second and third medical opinions, where applicable, upon request by the
employee.
Recertification of Medical Conditions
An agency may request recertification no more often than every 30 days unless:
•
an extension is requested,
•
circumstances described by the previous certification have changed significantly,
or
•
the agency receives information that casts doubt upon the employee’s stated
reason for the absence.
If the minimum duration specified on a certification is more than 30 days, the agency
may not request recertification until that minimum duration has passed unless one of the
conditions above is met
When the duration of a condition is described as “lifetime” or “unknown,” the agency may
request recertification of an ongoing condition every six months in conjunction with an
absence.
The employee must provide the requested recertification to the agency within the time
frame requested by the agency (which must allow at least 15 calendar days after the
agency’s request), unless it is not practicable under the particular circumstances.
Any recertification requested by the agency shall be at the employee’s expense unless
the agency provides otherwise. No second or third opinion on recertification may be
required.
________________________________________________________________________________
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Intent to Return to Work
An agency may require an employee on FMLA leave to report periodically on the
employee's status and intent to return to work. The agency's policy regarding such
reports may not be discriminatory and must take into account all of the relevant facts and
circumstances related to the individual employee's leave situation.
If an employee gives unequivocal notice of intent not to return to work, the agency's
obligations under FMLA to maintain health benefits (subject to COBRA requirements)
and to restore the employee cease. However, these obligations continue if an employee
indicates he or she may be unable to return to work but expresses a continuing desire to
do so.
It may be necessary for an employee to take more leave than originally anticipated.
Conversely, an employee may discover after beginning leave that the circumstances
have changed and the amount of leave originally anticipated is no longer necessary. An
employee may not be required to take more FMLA leave than necessary to resolve the
circumstance that precipitated the need for leave. In both of these situations, the agency
may require that the employee provide the agency reasonable notice (i.e., within two
business days) of the changed circumstances where foreseeable. The agency may also
obtain information on such changed circumstances through requested status reports.
_________________________________________________________________________________
Fitness for Duty Certification
Agencies may enforce uniformly-applied policies or practices that require all similarlysituated employees who take leave to provide a certification that they are able to resume
work. An agency may require that the certification specifically address the employee’s
ability to perform the essential functions of the employee’s job. Where reasonable job
safety concerns exist, an agency may require a fitness-for-duty certification before an
employee may return to work when the employee takes intermittent leave.
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EMPLOYMENT AND BENEFITS PROTECTIONS
_________________________________________________________________________________
Reinstatement
The employee shall be reinstated to the same position held when the leave began or
one of like pay grade, pay, benefits, and other conditions of employment. The agency
may require the employee to report at reasonable intervals to the agency on the
employee’s status and intention to return to work. The agency may require that the
employee provide certification that the employee is able to return to work.
Reinstatement is not required if an employee is reduced in force during the course of
taking FMLA leave. The agency has the burden of proving that the reduction would have
occurred had the employee not been on FMLA leave.
_________________________________________________________________________________
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.
_________________________________________________________________________________
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 agency must give advance written notice to employees of
the terms for payment of premiums during FMLA leave. The obligation to maintain health
insurance coverage stops if an employee’s premium payment is more than 30 days late.
The agency shall provide 15 days notice that coverage will cease.
If the employee’s failure to make the premium payments leads to a lapse in coverage,
the agency must still restore the employee, upon return to work, to the health coverage
equivalent to that which the employee would have had if leave had not been taken and
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the premium payments had not been missed without any waiting period or preexisting
conditions.
Advisory Note: Even if the employee chooses not to maintain group health plan coverage for
dependents or if coverage lapses during FMLA leave, the employee is entitled to be reinstated on
the same terms as prior to taking leave, including family or dependent coverage, without any
qualifying period, physical examination, exclusion of pre-existing condition, etc. Therefore, the
agency should assure that health benefits coverage will be reinstated; otherwise, the agency
would need to pay the premium and recover it after the employee returns to work.
The agency 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. For this purpose, return to work is defined as 30
calendar days; therefore, if the employee resigns any time within 30 days after the return
to work, the insurance premium may be recovered unless the reason for the resignation
is related to the continuation, recurrence, or onset of a series health condition or other
circumstances beyond the employee’s control.
INTERFERENCE WITH RIGHTS
_________________________________________________________________________________
Actions Prohibited
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.
_________________________________________________________________________________
Protected Activity
It is unlawful to discharge or in any other manner discriminate against any employee
because the employee does any of the following:
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•
files any civil action, or institutes or causes to be instituted any civil proceeding
under or related to this policy;
•
gives, or is about to give, any information in connection with any inquiry or
proceeding relating to any right provided by this policy; or
•
testifies, or is about to testify, in any inquiry or proceeding relating to any right
provided under this policy.
_________________________________________________________________________________
ENFORCEMENT
_________________________________________________________________________________
Violations
Denial of leave requested pursuant to the Family and Medical Leave Act is a grievable
issue and employees, except for ones in exempt positions (policymaking, exempt
managerial, confidential assistants, confidential secretaries and chief deputy or chief
administrative assistant), may appeal under the Human Resources Act.
Violations can result in any of the following or a combination of any of the following and
are enforced by the U. S. Secretary of Labor:
•
U. S. Department of Labor investigation,
•
Civil liability with the imposition of court cost and attorney’s fees, or
•
Administrative action by the U. S. Department of Labor.
_________________________________________________________________________________
POSTING AND RECORDKEEPING REQUIREMENTS
_________________________________________________________________________________
Posting
Agencies are required to post and keep posted, in a conspicuous place, a notice
explaining the FMLA provisions and providing information concerning the procedures for
filing complaints of violations of the Act with the U. S. Department of Labor, Wage and
Hour Division.
Note: Copies of the required notice may be obtained from local offices of the Wage and Hour
Division.
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_________________________________________________________________________________
Records
Agencies are required to keep records for no less than three years and make them
available to the Department of Labor upon request.
In addition to the records required by the Fair Labor Standards Act, the agency must
keep records of:
•
dates FMLA leave is taken,
•
hours of leave if less than a full day,
•
copies of employee notices,
•
documents describing employee benefits,
•
premium payments of employee benefits, and
•
records of any disputes.
Records and documents relating to medical certifications, recertification or medical
histories of employees or employees’ family members, created for purposes of FMLA,
shall be maintained as confidential medical records in separate files/records from the
usual personnel files, and if ADA is also applicable, such records shall be maintained in
conformance with ADA confidentiality requirements, except that:
•
Supervisors and managers may be informed regarding necessary restrictions on
the work or duties of an employee and necessary accommodations.
•
First aid and safety personnel may be informed (when appropriate) if the
employee’s physical or medical condition might require emergency treatment.
•
Government officials investigating compliance with FMLA (or other pertinent law)
shall be provided relevant information upon request.
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Family and Medical Leave-Military Caregiver
___________________________________________________________________________
Contents:
Purpose
Entitlement
Definitions
Employee Eligibility
Benefits and Options
Employee Notification Requirements
Notice and Designation of Eligibility
Purpose
The Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid,
job-protected leave to care for a family member who is a current servicemember or a
covered veteran with a serious injury or illness. FMLA leave for this purpose is called
“military caregiver leave.”
Military Caregiver Entitlement
Military caregiver leave allows an eligible employee who is the spouse, son, daughter,
parent, or next of kin of a covered servicemember or a covered veteran with a serious
injury or illness to take up to a total of 26 workweeks of unpaid leave during a “single
12-month period” to provide care for the servicemember or veteran.
Definitions
Covered Servicemember – The term “covered servicemember” means a current
member of the Armed Forces, including a member of the National Guard or Reserves,
who is receiving medical treatment, recuperation, or therapy, or is in outpatient status,
or is on the temporary disability retired list for a serious injury or illness.
Covered Veteran – A veteran is covered if he or she was a member of the Armed
Forces (including a member of the National Guard or Reserves); was discharged or
released under conditions other than dishonorable; and was discharged within the fiveyear period before the eligible employee first takes FMLA military caregiver leave to
care for him or her.
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For a veteran who was discharged prior to March 8, 2013, the effective date of the
FMLA Final Rule, the period between October 28, 2009 and March 8, 2013 will not
count towards the determination of the five-year period. For example, if a
servicemember retired on October 28, 2007, he or she would have had three years
remaining of the five-year period on October 28, 2009. The family member requesting
FMLA leave will have three years to begin military caregiver leave starting on March 8,
2013. Likewise, if a servicemember was discharged on December 1, 2010, the five-year
period will begin on March 8, 2013 and extend until March 8, 2018.
Outpatient Status – The term “outpatient status” means, with respect to a covered
servicemember who is a currently member of the Armed forces, the status of member
of the Armed Forces assigned to either a military medical treatment facility as an
outpatient; or a unit established for the purpose of providing command and control of
members of the Armed Forces receiving medical care as outpatients.
Serious Injury or Illness of a Covered Service Member – The term “serious injury or
illness” related to military caregiver leave is one that is incurred by a servicemember in
the line of duty on active duty that may cause the servicemember to be medically unfit
to perform the duties of his or her office, grade, rank, or rating. A serious injury or illness
also includes injuries or illnesses that existed before the servicemember’s active duty
and that were aggravated by service in the line of duty on active duty.
Serious Injury or Illness of a Covered Veteran – The term “serious injury or illness”
means an injury or illness that was incurred by the covered veteran in the line of duty on
active duty in the Armed Forces or that existed before the veteran’s active duty and was
aggravated by service in the line of duty on active duty, and that is either:
1. a continuation of a serious injury or illness that was incurred or aggravated when
the veteran was a member of the Armed Forces and rendered the servicemember
unable to perform the duties of the servicemember’s office, grade, rank, or rating; or
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2. a physical or mental condition for which the veteran has received a U.S.
Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50
percent or greater, and the need for military caregiver leave is related to that
condition; or
3. a physical or mental condition that substantially impairs the veteran’s ability to
work because of a disability or disabilities related to military service, or would do so
absent treatment; or
4. an injury that is the basis for the veteran’s enrollment in the Department of
Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
Any one of these definitions meets the FMLA’s definition of a serious injury or illness for
a covered veteran regardless of whether the injury or illness manifested before or after
the individual became a veteran.
Next of Kin – The term “next of kin” for a current servicemember or covered veteran is the
nearest blood relative, other than the current servicemember’s or veteran’s spouse,
parent, son, or daughter, in the following order of priority:
1. a blood relative who has been designated in writing by the servicemember or
veteran as the next of kin for FMLA purposes
2. blood relative who has been granted legal custody of the servicemember or veteran
3. brothers and sisters
4. grandparents
5. aunts and uncles
6. first cousins
Note: When a servicemember or veteran designates in writing a blood relative as next
of kin for FMLA purposes, that individual is deemed to be the servicemember’s or
veteran’s only FMLA next of kin. When a current servicemember or veteran has not
designated in writing a next of kin for FMLA purposes, and there are multiple family
members with the same level of relationship to the servicemember or veteran, all such
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family members are considered the servicemember’s or veteran’s next of kin and may
take FMLA leave to provide care to the servicemember or veteran.
An employee’s eligibility for military caregiver leave shall be determined using the same
requirements (appointment type, months of cumulative service and hours in pay status)
as used for regular Family Medical Leave.
Military Caregiver Benefits and Options
Employees on military caregiver leave receive up to 26 workweeks of paid or unpaid
leave during any single 12-month period; health insurance coverage, and reinstatement
rights.
The single 12-month period for military caregiver leave begins on the first day the
employee takes leave for this reason and ends 12 months later, regardless of the 12month period established for other FMLA (regular and qualifying exigency) leave
reasons.
An eligible employee is limited to a combined total of 26 workweeks of leave for any
FMLA-qualifying reasons during the single 12-month period. Up to 12 of the 26 weeks
may be for an FMLA-qualifying reason other than military caregiver leave. For example,
if an employee uses 10 weeks of FMLA leave for his or her own serious health condition
during the single 12-month period, the employee has up to 16 weeks of FMLA leave left
for military caregiver leave. If an eligible employee does not take all of his or her 26
workweeks of leave entitlement to care for a covered servicemember or covered veteran
during this “single 12-month period,” the remaining part of his or her 26 workweeks of
leave entitlement to care for the covered servicemember or covered veteran is forfeited.
Military caregiver leave is available to an eligible employee once per
servicemember/veteran, per serious injury or illness. However, an eligible employee may
take an additional 26 weeks of leave in a different 12-month period to care for the same
servicemember/veteran if he or she has another serious injury or illness. For example, if
an eligible employee takes military caregiver leave to care for a current
servicemember/veteran who sustained severe burns, the employee would be entitled to
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an additional 26 weeks of caregiver leave in a different 12-month period if the same
servicemember/veteran is later diagnosed with a traumatic brain injury that was incurred
in the same incident as the burns.
An eligible employee may also take military caregiver leave to care for more than one
current servicemember/veteran with a serious injury or illness at the same time, but the
employee is limited to a total of 26 weeks of military caregiver leave in any single 12month period. Additionally, an eligible employee may be able to take military caregiver
leave for the same family member with the same serious injury or illness both when the
family member is a current servicemember and when the family member is a veteran.
An employee may choose to exhaust available sick leave and/or vacation/bonus leave,
or any portion, or go on leave without pay to care for an injured family member.
Leave may be taken intermittently or on a reduced work schedule.
_________________________________________________________________________________
Employees shall follow the same notification requirements for requesting military
caregiver leave as required under the regular Family and Medical Leave policy. The
employee must follow the agency’s usual and customary policy for requesting a leave of
absence including call-in procedures for reporting unexpected absences. The employee
shall provide such notice when the need for leave becomes known to the employee.
_________________________________________________________________________________
The agency shall follow the same process for notification of eligibility and designation of
military caregiver leave as required for regular Family Medical Leave.
_________________________________________________________________________________
Certification Requirements for Military Caregiver Leave
For Covered Servicemembers - An agency may require that leave to care for a covered
servicemember be supported by a certification completed by an authorized health care
provider or by a copy of an Invitational Travel Order (ITO) or Invitational Travel
Authorization (ITA) issued to any member of the covered servicemember’s family.
Employees may use the U. S. Department of Labor’s optional form WH-385.
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For Covered Veterans – An agency may require that leave to care for a veteran be
supported by a certification completed by an authorized health care provider. An
employee may submit a copy of a VASRD rating determination or enrollment
documentation from the VA Program of Comprehensive Assistance for Family
Caregivers to certify that the veteran has a serious injury or illness. This documentation
is sufficient regardless of whether the employee is the named caregiver. However, if the
employee submits such documents, the employee may still be required to provide
confirmation of family relationship and documentation of discharge date and status for a
complete certification. Employees may use the U. S. Department of Labor’s optional
form WH-385-V.
An authorized health care provider is a:
(1) United States Department of Defense (“DOD”) health care provider;
(2) United States Department of Veterans Affairs (“VA”) health care provider;
(3) DOD TRICARE network authorized private health care provider;
(4) DOD non-network TRICARE authorized private health care provider; or
(5) non-military-affiliated health care provider.
An employer may request a second and third opinion of a covered veteran’s serious
injury or illness only when a certification is provided by a non-military-affiliated health
care provider.
An agency may request a second or third opinion of a current
servicemember’s/veteran’s serious injury or illness only when a certification is provided
by a non-military-affiliated health care provider. An agency may seek authentication
and/or clarification of the certification received from a military-affiliated health care
provider. Additionally, recertifications are not permitted for leave to care for a covered
servicemember/veteran.
The Department of Labor has developed optional forms (WH-385/WH-385-V) for
employees' use in obtaining certification that meets FMLA's certification requirements.
These optional forms reflect certification requirements so as to permit the employee to
furnish appropriate information to support his or her request for leave to care for a
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covered servicemember/veteran with a serious injury or illness. WH-385/WH-385-V, or
another form containing the same basic information, may be used by the agency;
however, no information may be required beyond that specified in this form. In all
instances the information on the certification must relate only to the serious injury or
illness for which the current need for leave exists.
_______________________________________________________________________________
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Family and Medical Leave-Qualifying Exigency
___________________________________________________________________________
Contents:
Purpose
Entitlement
Covered Active Duty
Categories/Reasons for Leave
Benefits and Options
Purpose
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12
workweeks of unpaid, job-protected leave in a 12-month period for a “qualifying
exigency” arising out of the foreign deployment of the employee’s spouse, son,
daughter, or parent. FMLA leave for this purpose is called qualifying exigency leave.
Qualifying Exigency Entitlement
Qualifying exigencies may arise when the employee’s spouse, son, daughter, or parent
who is a member of the Armed Forces (including the National Guard and Reserves) and
who is on covered active duty or has been notified of an impending call or order to
covered active duty. For the purposes of qualifying exigency leave, an employee’s son
or daughter on covered active duty refers to a child of any age.
Covered Active Duty
Eligible employees may take FMLA leave for a qualifying exigency while the military
member is on covered active duty, call to covered active duty status, or has been
notified of an impending call or order to active duty.
For members of the Regular Armed Forces, covered active duty is during deployment of
the member with the Armed Forces to a foreign country.
For a member of the Reserve components of the Armed Forces (members of the
National Guard and Reserves), covered active duty is duty during deployment of the
member with the Armed Forces to a foreign country under a Federal call or order to
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___________________________________________________________________________
active duty in a contingency operation. Deployment to a foreign country means
deployment to areas outside of the United States, the District of Columbia, or any
Territory or possession of the United States. It also includes deployment to international
waters.
The term “contingency operation” means a military operation that:
1) is designated by the Secretary of Defense as an operation in which members of
the Armed Forces are or may become involved in military actions, operations, or
hostilities against an enemy of the United States or against an opposing military
force; or
2) results in the call or order to, or retention on, active duty of members of the
Armed Forces during a war or during a national emergency declared by the
President or Congress
Qualifying Exigency Categories/Reasons for Leave
If the military servicemember is on covered active duty, the employee may take FMLA
leave for the following qualifying exigencies:
1) Issues arising from the military member’s short notice deployment (i.e.,
deployment within seven or less days of notice). For a period of up to seven
days from the day the military member receives notice of deployment, an
employee may take qualifying exigency leave to address any issue that arises
from the short-notice deployment.
2) Attending military events and related activities, such as official ceremonies,
programs, events and informational briefings, or family support or assistance
programs sponsored by the military, military service organizations, or the
American Red Cross that are related to the member’s deployment.
3) Certain childcare and related activities arising from the military member’s
covered active duty, including arranging for alternative childcare, providing
childcare on a non-routine, urgent, immediate need basis, enrolling in or
transferring a child to a new school or day care facility. Note: The employee
taking FMLA qualifying exigency leave does not need to be related to the military
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___________________________________________________________________________
member’s child. However, the military member must be the parent, spouse, son
or daughter of the employee taking FMLA leave, and the child must be the child
of the military member (including a child to whom the military member stands in
loco parentis).
4) Certain activities arising from the military member’s covered active duty related to
care of the military member’s parent who is incapable of self-care, such as
arranging for alternative care, providing care on a non-routine, urgent, immediate
need basis, admitting or transferring a parent to a new care facility, and attending
certain meetings with staff at a care facility, such as meetings with hospice or
social service providers. Note: The employee taking FMLA qualifying exigency
leave does not need to be related to the military member’s parent. However, (1)
the military member must be the parent, spouse, son or daughter of the
employee taking FMLA leave, and (2) the parent must be the parent of the
military member (including an individual who stood in loco parentis to the military
member when the member was a child).
5) Making or updating financial and legal arrangements to address a military
member’s absence while on covered active duty, including preparing and
executing financial and healthcare powers of attorney, enrolling in the Defense
Enrollment
Eligibility
Reporting
System
(DEERS),
or
obtaining
military
identification cards.
6) Attending counseling for the employee, the military member, or the child of the
military member when the need for that counseling arises from the covered
active duty of the military member and is provided by someone other than a
health care provider.
7) Taking up to 15 calendar days of leave to spend time with the military member
who is on short-term, temporary Rest and Recuperation leave during
deployment.
The employee’s leave for this reason must be taken while the
military member is on Rest and Recuperation Leave.
8) Certain post-deployment activities within 90 days of the end of the military
member’s covered active duty,
including attending arrival ceremonies,
reintegration briefings and events, and other official ceremonies or programs
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___________________________________________________________________________
sponsored by the military, and addressing issues arising from the death of a
military member, including attending the funeral.
9) Additional activities where the agency and employee agree to the leave to
address other events which arise out of the covered military member’s active
duty or call to active duty status provided the agency and employee agree that
such leave shall qualify as an exigency, and agree to both the timing and
duration of leave.
An employee’s eligibility for qualifying exigency leave shall be determined using the
same requirements (appointment type, months of cumulative service and hours in pay
status) as used for regular Family Medical Leave.
Exigency Leave Benefits and Options
Employees on qualifying exigency leave receive the same benefits as employees on
regular Family Medical Leave to include up to 12 workweeks of paid or unpaid leave
during any 12-month period; health insurance coverage, and reinstatement rights. Paid
and unpaid absences for exigency leave and regular Family Medical Leave shall be
combined during a single 12-month period when determining the 12 workweek Family
Medical Leave benefit.
The combined total of exigency leave and regular Family
Medical Leave shall not exceed 12 workweeks in a single 12-month period.
An eligible employee may choose to use paid vacation/bonus leave, or any portion, or go
on leave without pay when necessitated by one of the qualifying exigency reasons. Sick
leave cannot be used during qualifying exigency leave.
Leave may be taken intermittently or on a reduced work schedule.
_________________________________________________________________________________
Employees shall follow the same notification requirements for requesting exigency leave
as required under the regular Family and Medical Leave policy. The employee must
follow the agency’s usual and customary policy for requesting a leave of absence
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___________________________________________________________________________
including call-in procedures for leave approval for unexpected absences. The employee
shall provide such notice as it is reasonable and practicable.
_________________________________________________________________________________
The agency shall follow the same process for notification of eligibility and designation of
exigency leave as required for regular Family Medical Leave.
_________________________________________________________________________________
Certification Requirements for Qualifying Exigencies Leave
The agency may require an employee to provide a copy of the covered military
member's active duty orders or other documentation issued by the military which
indicates that the covered military member is on active duty (or has been notified of an
impending call or order to active duty) in support of a contingency operation, and the
dates of the covered military member's active duty service.
An agency may require that leave for any qualifying exigency be supported by a
certification from the employee that sets forth the following information:
1) A statement or description, signed by the employee, of appropriate facts
regarding the qualifying exigency for which FMLA leave is requested. The facts
must be sufficient to support the need for leave. Such facts should include
information on the type of qualifying exigency for which leave is requested and
any available written documentation which supports the request for leave; such
documentation, for example, may include a copy of a meeting announcement for
informational briefings sponsored by the military, a document confirming an
appointment with a counselor or school official, or a copy of a bill for services for
the handling of legal or financial affair;
2) The approximate date on which the qualifying exigency commenced or will
commence;
3) If an employee requests leave because of a qualifying exigency for a single,
continuous period of time, the beginning and end dates for such absence;
Revision No. 6
Leave
Section 5, Page 51
___________________________________________________________________________
4) If an employee requests leave because of a qualifying exigency on an
intermittent or reduced schedule basis, an estimate of the frequency and duration
of the qualifying exigency; and
5) If the qualifying exigency involves meeting with a third party, appropriate contact
information for the individual or entity with whom the employee is meeting (such
as the name, title, organization, address, telephone number, fax number, and email address) and a brief description of the purpose of the meeting.
6) If the qualifying exigency involves leave during the period of Rest and
Recuperation of the servicemember, the agency may request a copy of the
servicemember’s Rest and Recuperation orders, or other documentation
confirming the dates of the servicemember’s leave.
DOL has developed an optional form (Form WH-384) for employees' use in obtaining a
certification that meets FMLA's certification requirements. This optional form reflects
certification requirements so as to permit the employee to furnish appropriate information
to support his or her request for leave because of a qualifying exigency. Form WH-384,
or another form containing the same basic information, may be used by the agency;
however, no information may be required beyond that specified in this Policy.
Verification: If an employee submits a complete and sufficient certification to support his
or her request for leave because of a qualifying exigency, the agency may not request
additional information from the employee. However, if the qualifying exigency involves
meeting with a third party, the agency may contact the individual or entity with whom the
employee is meeting for purposes of verifying a meeting or appointment schedule and
the nature of the meeting between the employee and the specified individual or entity.
The employee's permission is not required in order to verify meetings or appointments
with third parties, but no additional information may be requested by the agency. An
agency also may contact an appropriate unit of the Department of Defense to request
verification that a covered military member is on active duty or call to active duty status;
no additional information may be requested and the employee's permission is not
required.
Revision No. 6
Leave
Section 5, Page 53
Revised January 1, 2012
Family Illness Leave
___________________________________________________________________________
Contents:
Purpose
Definitions
Amount of Leave
What counts toward the 52 weeks leave?
Health Insurance
Agency Responsibility
Employee Responsibility
Reinstatement
Accounting for Leave
Transfer
Grievance
Purpose
Family Illness Leave is provided for an employee to care for the employee’s child, parent
or spouse where that child, spouse or parent has a serious health condition. It is not
provided for the employee’s illness.
The Family Illness Leave provides a limited extension of the benefits beyond the 12
weeks provided under the Family and Medical Leave Policy. Family Illness Leave does
not run concurrently with Family Medical Leave.
Eligibility for Family Illness Leave
begins only after the Family Medical Leave benefit is fully exhausted.
An employee may not waive his/her Family and Medical Leave benefit by instead
choosing to go on Family Illness Leave.
_________________________________________________________________________________
Definitions
See the Family and Medical Leave Policy for definitions of child, parent, spouse, and
serious health condition
_________________________________________________________________________________
An employee’s eligibility for Family Illness Leave shall be made based on the
employee’s months of service and hours of work as of the date leave is to commence.
Revision No. 2
December 2011
Leave
Section 5, Page 54
___________________________________________________________________________
An employee is eligible if the employee has:
•
a full-time or part-time (half-time or more) permanent, probationary, trainee or
time-limited appointment,
•
12 moths total service with the State, and
•
been in pay status at least 1040 hours during the previous 12 months.
Temporary employees and part-time employees that are less than half-time are not
eligible for Family Illness Leave.
_________________________________________________________________________________
Amount of Leave
An eligible employee (full-time or part-time) is entitled to up to 52 weeks of leave without
pay during a 5-year period to care for the employee’s seriously ill child, spouse, or
parent. Although this leave is without pay, an employee may elect to cover some or all of
the period of leave taken under this policy by using vacation, bonus, sick or voluntary
shared leave. Leave earned under the Compensatory Time Off policy may also be used.
Example:
An employee may take 24 weeks of leave beginning on January 1, 2003. The
employee would then be eligible for the balance, 28 weeks, up until January 1, 2008. Then, a new
5-year period would begin when the employee commences another leave without pay for this
purpose.
_________________________________________________________________________________
Family Illness Leave may be taken all at one time or intermittently.
Note: If the employee is in non-pay status more than 1,040 (26 weeks) hours through use of
Family Illness Leave or otherwise, the employee would not qualify for Family and Medical Leave
the following year since the required 1,040 hours in pay status within the previous year would not
be met.
If taken intermittently, it must be in units of one hour or more.
Revision No. 2
December 2011
Leave
Section 5, Page 55
___________________________________________________________________________
If taken intermittently or on a reduced work schedule, any portion of a week will equal
one week of Family Illness Leave.
_________________________________________________________________________________
What counts toward the 52 weeks leave?
All periods of leave, with or without pay, used for Family Illness Leave count towards the
52 workweeks to which the employee is entitled. This includes leave taken under the
Voluntary Shared Leave Policy.
_________________________________________________________________________________
Health Insurance
While on unpaid Family Illness Leave the employee may continue coverage under the
State’s health insurance program by paying the full premium cost (no contribution by the
State).
If using Family and Medical Leave, employee’s premiums will be paid by the State.
_________________________________________________________________________________
It is the agency’s responsibility to determine whether an employee qualifies for this
leave. The same certification/recertification requirements may be applied that apply to
the Family and Medical Leave.
_________________________________________________________________________________
The employee shall:
•
apply in writing to the supervisor for leave,
•
provide certification or recertification required by the agency,
•
give written notice of intention to return to work at least thirty days prior to the
end of the leave, and
•
return to duty within or at the end of the time granted, or
•
notify the agency immediately when there is a decision not to return.
Revision No. 2
December 2011
Leave
Section 5, Page 56
___________________________________________________________________________
Failure to provide certification or recertification required by the agency may result in
dismissal for unacceptable personal conduct or separation due to continued
unavailability for work.
If the employee does not give notice of the intention to return, the agency is not required
to provide reinstatement but may do so at its discretion. Failure to report at the expiration
of a leave, unless an extension has been requested and approved, may be considered
as a resignation.
_________________________________________________________________________________
Reinstatement
Reinstatement to the same position or one of like status and pay must be made upon the
employee’s return to work unless other arrangements are agreed to in writing in advance
of the employee’s return to work.
_________________________________________________________________________________
Accounting for Leave
Family Illness Leave shall be accounted for separate from Family and Medical Leave or
any other type of leave without pay.
Advisory Note: It is important that agencies maintain records of this leave so that it can be
ascertained readily whether an employee is eligible.
_________________________________________________________________________________
Transfer
When an employee transfers to another agency, the releasing agency shall record on
the personnel action the date and amount of Family Illness Leave first taken.
_________________________________________________________________________________
Grievance
Denial of leave requested is a grievable issue and employees, except for ones in exempt
positions, (policymaking, exempt managerial, confidential assistants, confidential
secretaries and chief deputy or chief administrative assistant) may appeal under the
Human Resources Act.
_________________________________________________________________________
Revision No. 2
December 2011
Leave
Section 5, Page 57
Revised: August 21, 2013
Holidays
_________________________________________________________________________
Contents:
Statutory Authority
Covered Employees
Eligibility for Holidays
Holiday Schedule
Religious Observances
Alternative Holiday Schedules
Additional Holiday Schedules
Holiday Premium Pay
Weekend Holidays
Workdays above 8 Hours
Statutory Authority
The Human Resources Act provides that the Human Resources Commission shall
establish a holiday schedule that shall not exceed 12 paid holidays per year and shall
include Martin Luther King Jr.’s Birthday, Veterans Day, and three days for Christmas.
_________________________________________________________________________________
Covered Employees
Full-time or part-time (half-time or more) permanent, probationary, trainee and timelimited employees are eligible for holidays.
A holiday for full-time employees is 8 hours. Part-time employees receive holidays on a pro-rata
basis. Example: A half-time employee receives 4 hours for a holiday.
Temporary, intermittent, and part-time (less than half-time) are not eligible for holidays.
_________________________________________________________________________________
Eligibility for Holidays
An employee is eligible for a holiday when the employee is:
•
in pay status through the holiday, or,
•
in pay status for one-half or more of the workdays and holidays in the month
when a short leave without pay is involved.
An employee is not eligible for a holiday when:
•
the holiday occurs before the beginning date of employment, or
•
after the last day of work when an employee separates or goes on extended
leave without pay (over half the workdays and holidays in a month).
Revision No. 7
Holidays
Leave
Section 5, Page 58
Holidays
_________________________________________________________________________
Exceptions: (1) If a holiday falls at the first of a month and the employee begins work on the
first available workday, pay is received for the holiday or (2) If the holiday falls at the end of
the month and the employee is in pay status through the last available workday, pay is
received for the holiday.
_________________________________________________________________________________
Holiday Schedule
The following holidays have been designated for observance. The schedule of actual
dates is issued on a calendar year basis. Each agency shall post or issue written notice
of the holiday schedule.
Holiday
Number of Days
New Year’s Day
1
Martin Luther King, Jr.’s Birthday
1
Good Friday
1
Memorial Day
1
Independence Day
1
Labor Day
1
Veterans Day
1
Thanksgiving
2
Christmas
3
Note: Employee who works a schedule that is less than 12
months shall only be eligible for the holidays that occur during
the months scheduled to work.
_________________________________________________________________________________
Religious Observances
The agency shall make efforts to accommodate an employee’s request to be away from
work for certain religious holiday observances; however, nothing shall obligate the
agency to make accommodation if, in accommodating the request, it would result in
undue hardship on the agency or its employees.
The following factors shall be considered in accommodating religious holidays:
Revision No. 7
Holidays
Leave
Section 5, Page 59
Holidays
_________________________________________________________________________
• the accommodation creates no greater risk to the health and safety of the
employee, fellow employees, or the general public;
•
by accommodating the unscheduled religious holiday, expenses to the State will
not increase;
•
meaningful work can be provided under the circumstances in which the
employee will be working; and
•
supervision can be provided if deemed necessary.
Religious holidays shall be accommodated by:
•
adjusting the work schedule of the employee to the extent that it does not
significantly impact the rights of other employees, or
•
allowing the employee to exchange another State government public holiday for
the religious holiday. The unscheduled religious holiday and the State
government public holiday shall occur in the same calendar year.
If the religious holidays cannot be accommodated by the above, the Vacation Policy
shall be used. If an employee has accrued vacation leave, no request for vacation leave
shall be denied unless it would create an emergency condition which cannot be
prevented in any other manner.
_________________________________________________________________________________
Alternative Holiday Schedules
Institutions of higher education and agencies requiring a seven-day, twenty-four hour
operation may adopt alternative holiday schedules in keeping with operational needs,
provided the employees are given the same number of holidays as approved by the
Human Resources Commission. Such special holiday schedules must be filed with the
Office of State Human Resources.
_________________________________________________________________________________
Additional Holiday Schedules
When the specific date of the legal holiday observance falls on Saturday or Sunday,
agencies with a seven-day a week operation shall adopt an additional holiday schedule
Revision No. 7
Holidays
Leave
Section 5, Page 60
Holidays
_________________________________________________________________________
for employees regularly scheduled to work on the specific date of the legal holiday
observance rather than the State public holiday.
Example: If July 4 falls on Saturday and Friday, July 3, is the State government legal holiday, the
agency shall adopt, in addition to the State government public holiday schedule, a schedule that
designates Saturday, July 4, instead of Friday, July 3, as the holiday for employee regularly
scheduled to work on July 4.
_________________________________________________________________________________
Holiday Premium Pay
Either the State government public holiday(s) or the day(s) designated for observance,
pursuant to the Alternative Holiday Schedules and the Additional Holiday Schedules
shall be specified as premium pay holidays (additional half-time plus equal time off).
Example:
When Christmas day falls on Saturday, and Friday and Monday are the State
government public holidays, agencies may designate Saturday and Sunday as the holidays for
employees scheduled to work on those days. Then, if employees work on Saturday and Sunday,
they shall be paid holiday premium pay those two days. In this case, these employees who work
on Friday and Monday would not be eligible for holiday premium pay.
For employees required to work on a holiday, it is necessary to schedule holiday
compensatory time off before or after the actual holiday. If possible, the time off should
be scheduled within thirty days prior to or thirty days after the holiday occurs.
Advisory Note: In the BEACON HR/Payroll System, holiday compensatory time shall be given
before any other leave/time (over-time compensatory time, gap hours compensatory time, on-call
compensatory time, travel compensatory time and vacation or bonus leave).
•
If equal time off is not given within 12 months, it shall be paid in the employee’s next
regular paycheck.
•
Should the employee separate before the holiday occurs, it shall be deducted from
the final paycheck.
Revision No. 7
Holidays
Leave
Section 5, Page 61
Holidays
_________________________________________________________________________
• Should the employee separate after the holiday occurs and before the time off is
given, it shall be paid in the employee’s final paycheck.
_________________________________________________________________________________
Weekend Holidays
Unless a special schedule has been adopted by institutions of higher education and
agencies with twenty-four hour operations, when a designated holiday falls on Saturday,
the preceding Friday will be observed and when the holiday falls on Sunday, the
following Monday will be observed.
_________________________________________________________________________________
Workdays above 8 Hours
Where a workday greater than eight hours has been established, all hours above 8 shall
be charged to vacation leave to equalize holiday benefits.
_________________________________________________________________________________
Revision No. 7
Holidays
Leave
Section 5, Page 62
Effective January 1, 2011
Incentive Leave
________________________________________________________________________
Contents:
Policy
Definitions
Recruitment Documentation
Eligibility Requirements
Amount of Leave and Relationship to Other Leave
Carry -over and Payment of Leave
Transfer
Use of Leave
________________________________________________________________________
Policy
Incentive leave may be used as a recruitment tool to assist in the employment of
qualified individuals who are middle or late career applicants employed outside of
State government and who are interested in accepting employment with the State of
North Carolina.
An agency may award incentive leave to a middle or late career applicant who is
newly appointed to a position that the agency has identified as critical to the agency
mission and for which the agency has documented recruitment difficulty attracting
qualified applicants, or who is newly appointed to an executive or middle
management position.
______________________________________________________________________________
Definitions
Middle or Late Career Applicant – An applicant with 10 or more years of directly
related experience in their chosen profession.
Executive Management Position - A senior management position that reports directly
to an appointed/elected agency head and is delegated authority to make decisions
that impact the overall direction of the agency and whose duties typically involve
planning, strategy, policy-making and line-management. Typical job titles include
chief executive officer, chief operating officer, chief financial officer and deputy
secretary.
Middle Management Position - A position that reports directly to an executive level
management position and supervises lower level management positions and is
Incentive Leave
Leave
Section 5, Page 63
Incentive Leave
________________________________________________________________________
delegated authority to make decisions that impact the overall direction of a
department or division of an agency and whose duties typically involve program
planning and coordination, organization structure, determining goals and standards,
determination and interpretation of policy, and fiscal control.
Recruitment Difficulties – Positions that are highly competitive in the labor market
due to specialized competencies and/or license/certifications and/or geographic
location, and/or those positions in which there is a high turnover which significantly
impacts the agency’s efforts to recruit and provide services. Recruitment typically
involves active specialized recruitment efforts utilizing multiple recruitment resources
that require an extended period of recruitment and results in a limited qualified
applicant pool.
Newly Appointed - The initial appointment as an employee of the State of North
Carolina, or an appointment following a break in service of at least 12 months from a
previous appointment as an employee of the State of North Carolina.
Employed Outside of State Government – Employed with an organization that is not
part of the State of North Carolina government or not an organization for which the
State currently accepts transferred accrued vacation leave upon hire.
______________________________________________________________________________
Recruitment Documentation
If recruitment difficulties are the basis for the application of this policy, the agency
shall maintain written documentation related to difficulties in recruiting to fill positions
of applicants offered incentive leave. The agency will be expected to provide this
documentation
to
the
Office
of
State
Human
Resources
upon
request.
Documentation should include high turnover rates, special required competencies,
types of specialized recruitment resources used during the recruitment period,
beginning and ending dates of active recruitment, number of qualified applicants in
the applicant pool, and any additional documentation such as number of applicants
Incentive Leave
Leave
Section 5, Page 64
Incentive Leave
________________________________________________________________________
that may have rejected offers including a reason why or applicants that may have
withdrawn their application from consideration, etc.
______________________________________________________________________________
Eligibility Requirements
Employee must be newly appointed and have at least 10 years of experience directly
related to the position.
Employee must meet all qualification/competency
requirements of the position.
The appointment type must meet the following leave earning eligibility criteria:
•
Full-time or part-time (half time or more)
•
Permanent, probationary, or time-limited
______________________________________________________________________________
Amount of Leave and Relationship to Other Leave
An agency may award a one-time accrual up to 20 days (160 hours) of incentive
leave to an eligible new employee upon hire. The one-time leave award shall be prorated for part-time employees. For example, a half time employee would be eligible
for up to 80 hours of leave upon hire. Management may negotiate the amount of
leave to award to the selected applicant taking into consideration the applicant’s
current annual vacation leave accrual.
Upon hire, the employee will be also be eligible to earn other accrued leave such as
vacation/bonus leave, sick leave, etc. as allowed by policy.
Incentive leave shall be maintained and accounted for in a separate account from
other accrued leave such as vacation/bonus leave, sick leave, etc.
______________________________________________________________________________
Carry-over and Payment of Leave
Unused incentive leave will carryover from year to year and can only be used as paid
leave. Under no circumstance can it be:
•
transferred to sick leave,
•
paid out upon separation,
Incentive Leave
Leave
Section 5, Page 65
Incentive Leave
________________________________________________________________________
•
credited toward retirement, or
•
donated as voluntary shared leave.
______________________________________________________________________________
Transfer
When an employee transfers to another State SPA or State EPA position, unused
incentive leave may be transferred subject to the receiving agency’s approval. If
incentive leave is not transferred, it shall not be paid out in a lump sum.
Incentive leave cannot be transferred to any non-State government employer
including public school, community college, local mental health, local public health,
local social services, or local emergency management employer.
______________________________________________________________________________
Use of Leave
Subject to supervisory approval, the incentive leave is available for use for the same
reasons as allowed by the vacation leave policy.
______________________________________________________________________________
Incentive Leave
Leave
Section 5, Page 66
Revised: November 1, 2009
Leave Without Pay
___________________________________________________________________________
Contents:
Policy
Covered Employees
Definitions
Extended Leave Without Pay
Maximum Amount
Extended Illness
Special Provision for Long Term Disability
Vacation
Personal or Other Reasons
Exhausting Leave
Health Insurance
Retirement Status
Reinstatement
Separation While on Leave without Pay
Filling A Position Vacant by Leave without Pay
Short Leave without Pay
Approved Absences
Unapproved Absences
Special Provisions for Parental Leave
Policy for Parental Leave
Leave Required During Period of Disability
Additional Leave
Leave for Immediate Family
Adoption
Policy
Leave without pay may be granted for illness, education purposes, vacation, or for any
other reasons deemed justified by the agency head.
Special provisions for leave without pay for military, family and medical, and workers’
compensation are covered in these respective policies in this Section of the Personnel
Manual. Parental leave without pay for employees not eligible for FMLA leave is covered
at the end of this policy.
_________________________________________________________________________________
Covered Employees
Full-time or part-time (half-time or more) permanent, probationary, trainee and timelimited employees are eligible for leave without pay.
Temporary, intermittent, and part-time (less than half-time) are not eligible for leave
without pay.
Leave Without Pay
Leave
Section 5, Page 67
Leave Without Pay
___________________________________________________________________________
_________________________________________________________________________________
Definitions
Extended Leave Without Pay - leave in excess of one-half the workdays and
holidays in the month or in the pay period (whichever is applicable)
Short Leave Without Pay - leave for less than one-half the workdays and holidays in
the month or in the pay period (whichever is applicable)
_________________________________________________________________________________
EXTENDED LEAVE WITHOUT PAY
_________________________________________________________________________________
Maximum Amount
Except for extended illness, extended leave without pay normally shall not exceed six
months. The decision to grant leave without pay and the amount of time granted, except
for leave required by the FMLA Policy, is an administrative one for which the agency
head must assume full responsibility.
_________________________________________________________________________________
The employee shall:
•
apply in writing to the supervisor for leave without pay,
•
give written notice of intention to return to work at least thirty days prior to the
end of the leave, and
•
return to duty within or at the end of the time granted, or
•
notify the agency immediately when there is a decision not to return.
If the employee does not give notice of the intention to return, the agency is not required
to provide reinstatement but may do so if feasible. Failure to report at the expiration of a
leave, unless an extension has been requested and approved, may be considered as a
resignation.
_________________________________________________________________________________
Factors to consider in determining whether to grant leave without pay and the amount of
time to approve are:
Leave Without Pay
Leave
Section 5, Page 68
Leave Without Pay
___________________________________________________________________________
•
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.
It is the responsibility of the agency to administer leave without pay in a manner that is
equitable to all of its employees.
_________________________________________________________________________________
Extended Illness
Advisory Note:
When an employee has a personal illness, the agency must consider the
following:
∗
Does the need for leave qualify as Family and Medical Leave? If so, the rules of that
policy shall be applied first.
∗
Is the illness likely to result in participation in the Disability Income Plan?
∗
Does the employee qualify for Voluntary Shared Leave?
Taking these into consideration, the agency should explain these policies to the employee and
assist in determining which are applicable.
Leave without pay for extended illness may be:
Granted for:
For a period
Sick leave
Vacation/Bonus leave
Employee illness
up to one year. Any
shall be exhausted
may be exhausted or retained.
(not covered by
extension shall be
during the time that
(*See note below.)
short-term
managed/
would cover the
disability or
documented by the
waiting period
FMLA)
agency head.
required by DIP.
Leave Without Pay
Leave
Section 5, Page 69
Leave Without Pay
___________________________________________________________________________
Disability Income up to one year. Any
shall be exhausted
Plan (Short-term
extension must be
during the waiting
disability)
approved by the
period. Additional
Retirement System
sick leave may be
Medical Board.
exhausted or
retained.
Family and
up to twelve
shall be exhausted
Medical Leave
workweeks (See
for employee illness.
FMLA Policy).
See FMLA Policy for
other options.
* If leave does not qualify for FMLA, the agency may also require that the
employee use accumulated vacation/bonus leave before granting leave
without pay.
Advisory Note:
Eligible employees who become temporarily or permanently disabled and are unable to perform
their regular work duties may receive partial replacement income through the Disability Income
Plan of North Carolina (DIPNC). The DIPNC is explained in a handbook, “Your Retirement
Benefits,” published by the Department of State Treasurer, Retirement Systems Division.
Exhaustion of sick, vacation/bonus leave during the short-term disability period is in lieu of shortterm disability benefits that may otherwise be payable.
Procedure: The date separated shall be the last day of work or the last day leave is exhausted,
whichever is later; however, in cases where no leave is available and the disability occurs after
the last day of work and before the beginning of the next workday, the date separated shall be the
date the disability occurs. This is necessary to assure that the employee is considered to be in
service for the purposes of determining short-term disability benefits.
_________________________________________________________________________________
Special Provision for Long-Term Disability
If an employee is approved for long-term disability following the short-term disability, the
employee must be separated from leave without pay. The employee shall be reinstated
to the payroll for the purpose of exhausting any unused vacation/bonus and sick leave
the employee had prior to going on leave without pay.
Leave Without Pay
Leave
Section 5, Page 70
Leave Without Pay
___________________________________________________________________________
Exception: The employee may choose to apply the sick leave credits toward retirement if the
employee would be eligible for service retirement within a five-year period.
Note: Under the laws governing the DIP, the long-term disability is not payable until the leave
has been exhausted. The agency is responsible for paying the employer’s share of medical
benefits while leave is exhausted.
_________________________________________________________________________________
Vacation
An employee must exhaust all accumulated vacation/bonus leave before going on leave
without pay for the purpose of vacation.
_________________________________________________________________________________
Personal or Other Reasons
An employee must exhaust accumulated vacation/bonus leave for personal or other
reasons if the leave period is 10 workdays or less. If the leave period is greater than 10
workdays, the employee may elect to exhaust all, part, or none of the vacation/bonus
leave prior to going on leave without pay.
______________________________________________________________________________
Exhausting Leave
While exhausting leave, the employee:
•
continues to accumulate leave,
•
is eligible to take sick leave,
•
is entitled to holidays, and
•
is eligible for salary increases during that period.
Any accumulated unused vacation/bonus leave or sick leave shall be retained. Eligibility
to accumulate leave ceases on the date leave without pay begins.
If leave without pay extends through December 31, any vacation leave accumulation
above 240 hours shall be converted to sick leave. (Bonus leave does not convert to sick
leave.)
_________________________________________________________________________________
Leave Without Pay
Leave
Section 5, Page 71
Leave Without Pay
___________________________________________________________________________
Health Insurance
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).
_________________________________________________________________________________
Retirement Status
All accumulated retirement credits shall be retained. If the leave without pay is granted
for purposes which will tend to make the person a more valuable employee, permission
may be received from the Board of Trustees of the Teachers’ and State Employees’
Retirement System to make personal contributions to the retirement account during this
period and receive service credit. The request must be made in advance by the agency
head and the employing agency must agree to pay its share of the cost. The employee
should contact the Retirement System for information regarding all specific
requirements.
_________________________________________________________________________________
Reinstatement
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.
_________________________________________________________________________________
Separation While on Leave without Pay
If the employee does not return to work following leave without pay, the employee shall
be paid for any unused vacation/bonus leave at time of separation.
_________________________________________________________________________________
Filling a Position Vacant by Leave without Pay
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.
_________________________________________________________________________________
SHORT LEAVE WITHOUT PAY
_________________________________________________________________________________
Approved Absences
With approval of the supervisor, an employee may be on leave without pay for less than
one-half the workdays and holidays in the month or pay period and continue to earn
Leave Without Pay
Leave
Section 5, Page 72
Leave Without Pay
___________________________________________________________________________
benefits. This accounts for time an employee is absent and has not accumulated or
advanced leave credits. These short periods may be docked from the employee’s pay
check without submitting a personnel action form.
Exception: When placing an employee on leave without pay due to suspension, a PD-105 must
be submitted, including those that are less than half the workdays in a month.
_________________________________________________________________________________
Unapproved Absences
Employees who are absent without approved leave may be subject to disciplinary action.
Short leave without pay may be used 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/bonus leave. Agency management is responsible for determining whether leave
without pay is appropriate or whether the time may be charged to the appropriate leave
account.
_________________________________________________________________________________
SPECIAL PROVISIONS FOR PARENTAL LEAVE
_________________________________________________________________________________
Policy
Employees who are not eligible for leave under the FMLA Policy shall be granted leave
during the period of the biological mother’s disability and may be granted additional
leave for childbirth and adoptions.
Advisory Note: The FMLA Policy provides for family and medical leave for employees who have
been employed with State government for at least 12 months and who have worked at least 1040
hours during the previous 12-month period.
_________________________________________________________________________________
Leave Required During Period of Disability
The agency shall grant leave with or without pay to the biological mother for all of the
time of personal disability. The biological mother may use accumulated sick leave during
this period, and may choose to use vacation/bonus leave or leave without pay.
Leave Without Pay
Leave
Section 5, Page 73
Leave Without Pay
___________________________________________________________________________
A doctor’s certificate or other acceptable proof shall be required verifying the employee’s
period of temporary disability.
_________________________________________________________________________________
Additional Leave
The biological mother may desire to be on leave prior to and/or after the time of actual
disability. The agency may grant vacation/bonus leave, if available, and may grant leave
without pay for this purpose.
_________________________________________________________________________________
Leave for Immediate Family
The agency may allow a member of the immediate family (as defined in the Sick Leave
Policy) to use accumulated sick leave to care for the biological mother during the period
of disability. Or, the family member may be allowed to use vacation/bonus leave or leave
without pay.
_________________________________________________________________________________
Adoption
The parents of a newly-adopted child may request to use vacation/bonus leave, leave
without pay or a maximum of 30 days of sick leave (see Sick Leave Policy).
The agency may require evidence satisfactory to the agency in support of an employee’s
request for sick leave for adoption-related purposes.
______________________________________________________________________________
Leave Without Pay
Leave
Section 5, Page 74
Military Leave
___________________________________________________________________________
Contents:
Statutory Authority
Policy
Definitions
Covered Employees
Types of Military Leave
Section 1 – Active Duty Training and Inactive Duty Training
Leave Options
Notification
Section 2 – Physical Examination
Leave With Pay for Physical Examination
Section 3 - Reserve Active Duty
Compensation
Notification Required for Full Pay or Differential
Leave Options
Benefits
Section 4 – Extended Active Duty and Other LWOP
Periods Eligible
Notification Required
Leave Options before LWOP
Benefits Leave without Pay
Section 5 – Other Service
Civil Air Patrol
State Defense Militia
Section 6 – Reinstatement
Reinstatement
Time Limits
Reinstatement Position
Reinstatement Salary
Statutory Authority
This regulation is promulgated pursuant to North Carolina General Statute 127A-116 and
the Uniformed Services Employment and Reemployment Rights Act of 1994.
_________________________________________________________________________________
Policy
Leave shall be granted to employees of the State for certain periods of service in the
uniformed services. No agent or employee of the State shall discriminate against any
employee of the State or applicant for State employment because of their membership,
application for membership, performance of service, application for service or obligation
for service in the Uniformed Services.
______________________________________________________________________________
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 75
Military Leave
___________________________________________________________________________
Definitions
Term
Definition
Service in the
The performance of duty on a voluntary or involuntary basis in a
Uniformed Service
uniformed service under competent authority and includes:
•
active duty (extended active duty; mobilization or call up of
reserve components),
•
active duty for training of reserve components (annual training usually 2 weeks or special schools),
•
initial active duty for training (initial enlistment in reserve or
National Guard),
•
inactive duty training (drills - usually on weekends),
•
full-time National Guard (usually a 3-year contract), and
•
a period for which a person is absent to determine fitness of the
person to perform such duty.
•
National Guard
service in or training for the National Disaster Medical System
A reserve of the U.S. Armed Forces. The N.C. Army and Air
National Guard respond to the Governor as Commander in Chief
and serve as the military arm of State government and respond
to the President of the U.S. in time of war.
Uniformed Services
•
Armed Forces and the Reserve Components (Army, Navy, Air
Force, Marine Corps, Coast Guard, Army and Air National
Guard),
•
Commissioned Corps of the Public Health Services,
•
National Disaster Medical System intermittent disasterresponse appointees, and
•
any other category of persons designated by the President in
time of war or national emergency.
Also included are the Civil Air Patrol and State Defense Militia in
accordance with the Special Provisions outlined at the end of this
policy
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Military Leave
Leave
Section 5, Page 76
Military Leave
___________________________________________________________________________
Covered Employees
Full-time or part-time (half-time or more) permanent, probationary, trainee and timelimited employees are eligible for military leave.
Temporary, intermittent, and part-time (less than half-time) are not eligible for military
leave.
Note: Although temporary employees are not eligible for military leave benefits, they are covered
under the reinstatement policies.
_________________________________________________________________________________
Types of Military Leave
The policy and guidelines that follow are presented in six different sections to
differentiate between the benefits applicable to the different types of leave. The sixth
section covers reinstatement.
Section 1 –Active Duty Training and Inactive Duty Training
Section 2 - Physical Examination
Section 3 - Reserve Active Duty
Section 4 - Extended Active Duty and Other Military Leave without Pay
Section 5 - Civil Air Patrol and State Defense Militia
Section 6 - Reinstatement
_________________________________________________________________________________
SECTION 1 - ACTIVE DUTY TRAINING AND INACTIVE DUTY TRAINING
_________________________________________________________________________________
Leave Options
Leave with pay, up to a maximum of 120 hours each Federal fiscal year (Oct.-Sept.)
[pro-rated for part-time employees] shall be granted to members of the uniformed
services for:
•
active duty for training (annual training or special schools, including an
authorized training program for the National Disaster Medical System)
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Military Leave
Leave
Section 5, Page 77
Military Leave
___________________________________________________________________________
•
inactive duty training (drills - usually on weekends)
If the drill is not scheduled on the employee’s off-day, the employee has the option of
requesting that the work schedule be rearranged, or the employee may use any unused
portion of the 120 hours leave with pay, vacation/bonus leave or leave without pay.
Additional military leave needed for training shall be charged to vacation/ bonus leave or
leave without pay at the discretion of the employee.
When a military obligation is less than 31 days an employee is authorized eight (8) hours recoup
time before and after performance of military duties or military training. This time may also be
charged to the 120 hours leave with pay, leave without pay or vacation/bonus leave. Example:
An employee may be scheduled on a Friday, to take a convoy to a specific site. If significant
travel is required, the employee may need to be released early on the day before training in order
to accommodate the request for travel and reasonable rest. The employee is to return at the
beginning of the next regularly scheduled work period on the first full day after release from
service, taking into account safe travel home plus an 8 hour rest period.
Agencies using BEACON HR/Payroll System:
If an employee has holiday compensatory time, overtime compensatory time, gap hours
compensatory time, on-call compensatory time or travel compensatory time, it shall be taken
before vacation/bonus leave.
_________________________________________________________________________________
Notification
The employing agency may require the employee to provide notification of upcoming
duty and/or schedule changes as soon as known.
_________________________________________________________________________________
SECTION 2 – PHYSICAL EXAMINATION
_________________________________________________________________________________
Leave With Pay for Physical Examination
Leave with pay shall be granted for a required physical examination relating to
membership in the uniformed services.
______________________________________________________________________________
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Military Leave
Leave
Section 5, Page 78
Military Leave
___________________________________________________________________________
SECTION 3 – RESERVE ACTIVE DUTY
_________________________________________________________________________________
Compensation
When ordered to State or Federal active duty, or as an intermittent disaster-response
appointee upon activation of the National Disaster Medical System, the following shall
apply for each period of involuntary service:
(1) Members shall receive up to thirty (30) calendar days of pay based on the
employee’s current annual State salary.
This includes special activities of the National Guard, usually not exceeding one day,
when so authorized by the Governor or his authorized representative.
(2) After the thirty-day period, members shall receive differential pay for any period
of involuntary service. This pay shall be the difference between military basic
pay and the employee's annual State salary, if military pay is the lesser.
When attending special activities of the National Guard, members shall receive up to
one day of pay, when attendance at the special activity is authorized by the Governor or
his authorized representative.
It is assumed that an employee had at least satisfactory performance when placed on military
leave; therefore, any cost-of-living adjustment should be included in the differential pay. The
addition of career growth adjustments or performance bonuses is determined in the same manner
as any employee on leave without pay. If an employee was otherwise not entitled to any benefits
conferred by law because of unsatisfactory job performance supported by the previous rating on
a performance appraisal, the employee does not become eligible to receive those benefits simply
by being placed on military leave.
_________________________________________________________________________________
Notification Required for Full Pay or Differential Pay
The employing agency shall require the employee, or an appropriate officer of the
uniformed service in which such service is performed, to provide written or verbal notice
of any service. For periods eligible for military leave with differential pay, the agency
Revision No. 2
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Military Leave
Leave
Section 5, Page 79
Military Leave
___________________________________________________________________________
shall require the employee to provide a copy of their Leave and Earnings Statement or
similar document covering the period eligible for differential pay.
_________________________________________________________________________________
Leave Options
Prior to the 30 days of full pay and the differential pay, the employee may choose to
have accumulated vacation/bonus leave paid in a lump sum (maximum of 240 hours of
vacation leave), exhausted, or retained (part or all) until return. The employee shall
retain any unused sick leave.
FLSA non-exempt employees may exhaust any compensatory time prior to exhausting
leave or it may be paid in a lump sum.
_________________________________________________________________________________
Benefits
Service Credit - During the period of reserve active duty, whether receiving full State
pay, differential pay, or no pay, the employee shall not incur any loss of total State
service.
Longevity - If eligible, the employee shall continue to be paid longevity payments during
the period of reserve active duty.
Leave - The employee shall continue to accumulate sick and vacation leave. If the
employee does not return to State employment, vacation leave earned while on reserve
active duty will be paid in accordance with the Vacation Leave Policy.
Retirement - The employee shall receive retirement service credit for periods of service
authorized in the Retirement System statute. (See Retirement System Handbook for
further details.)
Effective July 1, 2009, differential pay meets the statutory definition of "compensation"
for retirement purposes. Thus, retirement contributions should be reported to the
Retirement System on differential pay.
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 80
Military Leave
___________________________________________________________________________
Health Insurance - When on State duty, the State continues to pay for health coverage
for members of the National Guard. When on Federal active duty, the State will pay for
coverage in the State Health Plan for at least 30 days from the date of active service
pursuant to the orders. Partial premiums are not accepted; therefore, if a full premium is
paid to cover a partial month, coverage will also continue to the end of that month. If the
employee chooses to exhaust vacation leave, the State also pays for coverage while
exhausting leave.
SECTION 4 – EXTENDED ACTIVE DUTY AND OTHER MILITARY LEAVE WITHOUT PAY
_________________________________________________________________________________
Periods Eligible
Military leave without pay shall be granted for all uniformed service duty that is not
covered by military leave with pay defined in Sections 1-3. Among the reasons are:
(1) Initial active duty for training (voluntary initial enlistment);
(2) Extended active duty (voluntary) for a period not to exceed five years plus any
additional service imposed by law; (see Advisory Note on next page)
(3) Full time National Guard duty (usually a voluntary 3 year contract);
(4) While awaiting entry into active duty, such period as may be reasonable to
enable the employee to address personal matters prior to such extended active
duty.
(5) The period immediately
following eligible
period(s),
as
defined under
“Reinstatement” of this policy, while reinstatement with State government is
pending, provided the employee applies for such reinstatement within the time
limits defined. (It is the employee’s responsibility to apply for reinstatement within the
time limit defined.)
(6) Employees hospitalized for, or convalescing from, an injury or illness incurred in,
or aggravated during the performance of extended active duty, except that such
period shall not exceed two years beyond their release from extended active duty
under honorable conditions. Also, the employee shall be entitled to leave without
pay for the period from the time of release by the physician until actually
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Military Leave
Leave
Section 5, Page 81
Military Leave
___________________________________________________________________________
reinstated in State employment, provided the employee applies for such
reinstatement within the time limits defined.
(7) duties resulting from disciplinary action imposed by military authorities;
(8) inactive duty training (drills) performed for the convenience of the member, such
as equivalent training, split unit assemblies, make-up drills, etc.
Agencies are not required to excuse an employee for incidental military activities such as
volunteer work at military facilities (not in duty status), unofficial military activities, etc.,
unless otherwise permitted by this policy.
The following types do not count toward the cumulative 5-year limit of military service a person
can perform while retaining reemployment rights:
(1) Unable (through no fault of the individual) to obtain release from service or service in
excess of 5 years to fulfill an initial period of obligated service,
(2) Required drills and annual training and other training duty certified by the military to be
necessary for professional development or skill training/retraining, or
(3) Service performed during time of war or national emergency or for other critical
missions/contingencies/military requirements.
_________________________________________________________________________________
Notification
The employing agency shall require the employee, or an appropriate officer of the
uniformed service in which such service is performed, to provide written or verbal notice
of service.
_________________________________________________________________________________
Leave Options
Prior to going on LWOP, the employee may choose to have accumulated
vacation/bonus leave paid in a lump sum (maximum of 240 hours of vacation leave),
exhausted, or retained (part or all) until return. The employee shall retain any unused
sick leave.
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 82
Military Leave
___________________________________________________________________________
FLSA non-exempt employees may exhaust any compensatory time prior to exhausting
leave or it may be paid in a lump sum.
_________________________________________________________________________________
Benefits
Service Credit - During periods eligible for military leave without pay, the employee shall
continue to earn time toward total State service if reinstated within the time limits
outlined in the Reinstatement Section..
Longevity - If eligible, a longevity payment computed on a prorata basis shall be paid.
The balance will be paid when the employee returns and completes a full year. Then, a
full payment will be made on the employee’s longevity date that was established before
going on leave without pay.
Leave - The employee shall not accumulate vacation or sick leave. Leave is earned only
when the employee is on leave with pay or on reserve active duty.
Retirement - The employee shall receive retirement service credit for periods of service
authorized in the Retirement System statute. (See Retirement System Handbook for
further details.)
Health Insurance - The State will pay for coverage in the State Health Plan for at least
30 days from the date of active service pursuant to the orders. If the employee chooses
to exhaust vacation leave, the State also pays for coverage while exhausting leave.
Partial premiums are not accepted; therefore, if a full premium is paid to cover a partial
month, coverage will also continue to the end of that month.
_________________________________________________________________________________
SECTION 5 – CIVIL AIR PATROL AND STATE DEFENSE MILITIA
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
Revision No. 2
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Military Leave
Leave
Section 5, Page 83
Military Leave
___________________________________________________________________________
encampments, authorized and requested by the U.S. Air Force or emergency missions
for the State at the request of the Governor or the 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 of the
Department of CCPS upon request by the employing agency. Regularly scheduled unit
training assemblies, usually occurring on weekends are not acceptable for military leave,
however, employing agencies are encouraged to arrange work schedules to allow
employees to attend this training.
_________________________________________________________________________________
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 the following conditions are State employees entitled to military leave with
pay:
•
infrequent special activities in the interest of the State, usually not exceeding one
day, when so ordered by the Governor or his authorized representative
•
State duty for missions related to disasters, search and rescue, etc., again, only
when ordered by the Governor or his authorized representative.
Under these conditions, an employee may be granted military leave not to exceed 120
hours (prorated for part-time employees) during any calendar year.
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.”
Regularly scheduled unit training assemblies, usually occurring on weekends, are not
acceptable for military leave; however, employing agencies are encouraged to arrange
work schedules to allow the employee to attend this training.
Revision No. 2
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Military Leave
Leave
Section 5, Page 84
Military Leave
___________________________________________________________________________
Duty status may be verified with the Office of the Adjutant General, North Carolina
National Guard, ATTN: Vice Chief of Staff - State Operations (VCSOP).
_________________________________________________________________________________
SECTION 6 - REINSTATEMENT
_________________________________________________________________________________
Reinstatement
The agency is required to provide the same treatment that would have been afforded
had the employee not left to perform uniformed service. (This includes temporary and
intermittent employees.)
Reinstatement shall be made if the employee reports to work or applied for
reinstatement within the established time limits, unless the service was terminated by the
occurrence of either of the following:
(1) A separation with a dishonorable or bad conduct discharge.
(2) A separation under other than honorable conditions, as characterized pursuant to
regulations prescribed by the Secretary of the applicable military branch..
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.
_________________________________________________________________________________
Time Limits
The employee shall be responsible for returning, or making application for reinstatement,
within the time limits defined below.
The time limit for submitting an application for reemployment or reporting back to work
depends upon the length of uniformed service. If reporting back or submitting an
application for reemployment within the specified periods is impossible or unreasonable
through no fault of the employee, the employee must report back or submit the
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 85
Military Leave
___________________________________________________________________________
application as soon as possible thereafter. The service duration and periods for returning
or applying for reemployment are as follows:
•
less than 31 days, must return at the beginning of the next regularly scheduled
work period on the first full day after release from service, taking into account
safe travel home plus an 8 hour rest period;
•
more than 30 days but less than 181 days, must submit a written or verbal
application for reemployment with the agency not later than 14 days after the
completion of the period of service; or,
•
more than 180 days, by submitting an application with the agency not later than
90 days after the completion of the period of service.
_________________________________________________________________________________
Reinstatement Position
Reinstatement shall be to the position they would have likely achieved had they
remained continuously employed (escalator position); or, if the period of uniformed
service was in excess of 90 days, their escalator position, or one of like seniority, status
and pay with the same agency or with another State agency.
In the case of
reemployment, such reemployment is to be promptly effective.
If, during military service, the employee suffers a disability incurred in, or aggravated
during, uniformed service, to the extent that the duties of the escalator position cannot
be performed, the employee shall be reinstated to a position most nearly comparable to
the escalator position, with duties compatible with the disability and without loss of
seniority.
_________________________________________________________________________________
Reinstatement Salary
The employee’s salary upon reinstatement shall be based on the salary rate applicable
to the proper escalator position. In no case will the reinstated employee’s salary be less
than when placed in a military leave status. If the employee was in trainee status at the
time of military leave, the addition of trainee adjustments may be considered, at the
discretion of the agency head, if it can be determined that military experience was
directly related to development in the area of work to be performed in the State position.
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 86
Military Leave
___________________________________________________________________________
The addition of trainee adjustments must be made if it can be shown that progression
within or through such status is based merely upon the passage of time with satisfactory
performance.
It is assumed that an employee had at least satisfactory performance when placed on military
leave; therefore, any cost-of-living adjustment should be included in the reinstatement pay. The
addition of career growth adjustments or performance bonuses is determined in the same manner
as any other employee on leave without pay.
__________________________________________________________________________________
Federal law requires employers to notify employees of their rights under the Uniformed Services
Employment and Reemployment Rights Act. This requirement may be met by displaying a poster
at the location where employers customarily place notices for employees. The poster developed
by
the
U.
S.
Department
of
Labor
may
be
found
at
the
following
web
site:
http://www.dol.gov/vets/programs/userra/poster.htm
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 87
Military Leave
___________________________________________________________________________
Revision No. 2
December 2011
Military Leave
Leave
Section 5, Page 87
Effective: November 1, 2009
Other Management Approved Leave
_________________________________________________________________________
Contents:
Policy
Coverage
Approval of Leave
Work Time vs. Other Management Approved Leave
Nondiscretionary Types of Leave
Service on State Boards
Smallpox Vaccination
Discretionary Types of Leave
Emergency Services
American Red Cross Disaster Service Leave
Blood, Bone Marrow and Organ Donorship
________________________________________________________________________
Policy
In addition to the types of leave described in separate policies in this section of the
Personnel Manual, management may approve paid time off for employees to participate
in specified state-related activities or because of natural or other emergencies. This
policy summarizes the only acceptable reasons for approving other paid time off.
Note: Vacation, Sick, Adverse Weather, Civil, Community Service, Educational, Employee
Transfer
(relocating),
Military,
Workers’
Compensation,
Special
Leave
Awards
and
Communicable Disease Leaves are in separate policies.
______________________________________________________________________________
Coverage
This policy applies to full-time and part-time (half-time or more) employees who have a
permanent, probationary, time-limited permanent or trainee appointment.
______________________________________________________________________________
Approval of Leave
Employee shall request Other Management Approved Leave at least two weeks before
the leave is needed, unless such notice is impractical.
______________________________________________________________________________
Work Time vs. Other Management Approved Leave
If
an
employee’s
job
responsibilities
include
attendance
at
any
of
the
activities/proceedings, attendance will be considered a work assignment and not leave
Leave
Section 5, Page 88
_________________________________________________________________________
and will, therefore, be included in hours worked for purposes of computing overtime for
FLSA non-exempt employees.
______________________________________________________________________________
NON-DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE
______________________________________________________________________________
Non-discretionary Types of Leave
An appointing authority shall grant leave with pay to an employee for any of the following
purposes:
(1) to prepare for participation in his or her internal agency grievance procedure or
mediation procedure (up to 8 hours – see Employee Appeals and Grievances);
(2) to place an employee on investigatory status (See Disciplinary Action,
Suspension and Dismissal, Investigatory Placement With Pay.)
(3) to participate in contested case hearings, or other administrative hearings. (See
Employee Appeals and Grievances Policy.)
(4) to locate and move to a new residence, within the limits allowed by policy, when
a transfer is required by the agency (See Leave - Employee Transfer Policy some mandatory and some optional.)
(5) to attend workers’ compensation hearings;
(6) to serve on state commissions, councils, boards and committees (See Service on
State Boards below);
(7) because of a smallpox vaccination (see Smallpox Vaccination below)
(8) to train for and compete in Pan American, Olympic or international athletic
competition – up to 30 days a year as specified in G.S. 126-8.1.
(9) to cover time that an agency is closed for emergencies.
(See the Adverse
Weather and Emergency Closings Policy.)
______________________________________________________________________________
Service on State Boards
Leave with pay shall be granted for employees to fulfill their responsibilities as members
of councils, commissions, boards and committees established by the General Assembly
or other bodies established by the Governor and Council of State.
Leave
Section 5, Page 89
_________________________________________________________________________
If an employee is required to attend any meeting as a part of the employee’s job
responsibilities, attendance will be considered a work assignment and not leave.
Employees may not accept fees for serving unless provided otherwise by law; but they
may retain reimbursement for expenses incurred provided they are not reimbursed for
the same expenses by their agencies.
______________________________________________________________________________
Smallpox Vaccination
When an employee receives in employment vaccination against smallpox incident to the
Administration of Smallpox Countermeasures by Health Professionals, Section 304 of
the Homeland Security and the absence is due to the employee having an adverse
medical reaction resulting from the vaccination, absences shall be charged to Other
Management Approved leave:

when the employee is vaccinated and has an adverse medical reaction, and

when the employee is permanently or temporarily living in the home of a person
who receives a smallpox vaccination and the absence is due to:
the employee having an adverse medical reaction resulting from exposure to the
vaccinated person or
the need to care for the vaccinated person who has an adverse medical reaction
resulting from the vaccination.
These provisions apply for a maximum of 480 hours. The agency may require the
employee to obtain certification from a health care provider justifying the need for leave
after the first 24 hours of leave taken.
Note: This policy implements the provisions of G.S. 126-8.4.
______________________________________________________________________________
DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE
______________________________________________________________________________
Discretionary Types of Leave
An appointing authority may grant leave with pay to an employee for any of the following
purposes:
Leave
Section 5, Page 90
_________________________________________________________________________
(1) to participate in volunteer emergency and rescue services (see below);
(2) to participate in specialized disaster relief services with the American Red Cross
(see below)
(3) to donate blood and bone marrow (see Blood and Bone Marrow and Organ
Donorship below);
(4) to donate organs (up to 30 days – see below)
(5) to reward an employee for a suggestion that is adopted under the NC Thinks
Program or under the agency’s Governor’s’ Awards for Excellence Program (See
Special Leave Awards Policy); and
(6) to attend conferences that are closely associated with an employee’s work, but
that are not required as a work assignment.
______________________________________________________________________________
Emergency Services
Agency heads are authorized to establish a policy providing time off with pay to
employees participating in volunteer emergency and rescue services.
Each agency
head is responsible for determining that a bona fide need for such services exists within
a given area. A bona fide need should be defined as real or imminent danger to life or
property.
Each policy should require:
•
sufficient proof of the employee’s membership in an emergency volunteer
organization and
•
that the performance of such emergency services will not unreasonably hinder
agency activity for which the employee is responsible.
Advisory Note: In emergency situations, which are not covered by en emergency volunteer
organization, agencies may determine whether the emergency service to be provided can
justifiably be designated as a work assignment, based on the expertise of the employee. If so, the
agency head may authorize short-term work assignments when requested by an official party.
Time worked on such assignments by an FLSA non-exempt employee is considered work time
for the purpose of computing overtime.
Leave
Section 5, Page 91
_________________________________________________________________________
For provisions relating to special assignments for firefighting, see N. C. G. S. 113-56.1
______________________________________________________________________________
American Red Cross Disaster Service Leave
An agency may grant leave with pay 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 agency based on the work needs of that agency.
To qualify for leave, the employee must:
•
be a disaster service volunteer of the American Red Cross, and
•
be requested by the American Red Cross to participate.
The disaster must:
•
be within the United States and
•
be designated at Level III or higher in the American National Red Cross
Regulations and Procedures.
While on disaster leave, the employee shall:
•
be compensated at the regular rate of pay, and shall
•
not lose seniority, pay, vacation leave, sick leave, or earned overtime
accumulation.
Duties performed while on disaster leave shall not be considered to be a work
assignment. The employee is granted leave based on the need for the employee’s area
of expertise. Job functions although similar or related are performed on behalf of and for
the benefit of the American Red Cross.
The State shall not be liable for workers’
compensation claims arising from accident or injury while the employee is on
assignment. Time spent on disaster leave is not considered work time for the purposes
of computing overtime.
Note: This policy implements the provisions of G.S. 166A-30 - 166A-32.
Leave
Section 5, Page 92
_________________________________________________________________________
______________________________________________________________________________
Blood, Bone Marrow and Organ Donorship
Employees are encouraged to use the privilege and opportunity to participate in life
giving through blood, bone marrow and organ donorship.
Participating employees may be given reasonable time off with pay for whole blood
donation, pheresis procedure and bone marrow transplant. Employees may be given up
to 30 days with pay for organ donation.
______________________________________________________________________________
Leave
Section 5, Page 93
Sick Leave
___________________________________________________________________________
Contents:
Policy
Covered Employees
Accumulation
Advancement
Verification
Leave Charges
Benefits Continue
Sick Leave Transferable
Uses of Sick Leave
Definition of Immediate Family
Leave Without Pay for Extended Illness
How to handle sick leave upon separation and reinstatement
Retirement Credit
Sick Leave Records
Policy
Sick leave is granted to employees who are in pay status for one half or more of the
regularly scheduled workdays and holidays in the pay period.
_________________________________________________________________________________
Covered Employees and Sick Leave Credits
Full-time permanent, probationary, trainee and time-limited employees are eligible for
leave at the rate of 8 hours per month (96 hours per year).
Part-time (half-time or more) permanent, probationary, trainee and time-limited
employees are eligible for leave at a prorated amount.
Temporary, intermittent, and part-time (less than half-time) are not eligible for leave.
Note: Vacation leave in excess of 240 hours (prorated for part-time employees) on December 31
of each year shall be converted to sick leave.
_________________________________________________________________________________
Accumulation
Sick leave is cumulative indefinitely.
Advancement
The appointing authority may advance sick leave not to exceed the amount an employee
can accumulate during the current calendar year.
Sick Leave
Leave
Section 5, Page 94
Sick Leave
___________________________________________________________________________
_________________________________________________________________________________
Verification
To avoid abuse of sick leave privileges, a statement from a medical doctor or other
acceptable proof may be required. Evidence to support leave for adoption-related
purposes may be required.
_________________________________________________________________________________
Leave Charges
Sick leave shall be taken and charged in units of time appropriate and consistent with
the responsibility of managing absences in keeping with operational needs. Only
scheduled work time shall be charged in calculating the amount of leave taken.
_________________________________________________________________________________
Benefits Continue
When exhausting leave an employee continues to accumulate leave, is entitled to
holidays and is eligible for salary increases during that period.
______________________________________________________________________________
Sick Leave Transferable
When employee transfers
THEN, sick leave…
from…
State SPA to SPA
shall be transferred.
State SPA to EPA
may be transferred subject to the receiving agency’s
approval. If EPA is non-leave earning, sick leave may be
transferred and held for future use should employee
transfer back to SPA or it may be applicable toward
retirement.
State EPA to SPA
approval.
Sick Leave
Leave
Section 5, Page 95
Sick Leave
___________________________________________________________________________
State agency to
• Public school
approval.
• Community College
• Technical Institute
• Local Mental Health
• Local Public Health
• Local Social Services
• Local Emergency
Management
A local agency listed above to a
State agency
approval.
_________________________________________________________________________________
Uses of Sick Leave
Sick leave may be used for:
•
illness or injury,
•
medical appointments,
•
temporary disability due to childbirth,
•
to care for member of immediate family (including care for mother during
temporary disability),
•
death in immediate family,
•
donations to a member of the immediate family who is an approved voluntary
shared leave recipient, and
•
adoption of a child, limited to a maximum of 30 days for each parent
(which is equivalent to a biological mother’s average period of disability)
Note: This is interpreted to mean at the time of physical possession of the child and have either
adopted or are in the process of adoption.
Advisory Note: If an employee does not have sufficient leave to cover a prolonged illness (of self
or to care for a parent, child, spouse, or dependent living in the household who has a prolonged
illness), the employee may qualify to receive voluntary shared leave. See the Voluntary Shared
Leave Policy in this Section of the Manual.
______________________________________________________________________________
Sick Leave
Leave
Section 5, Page 96
Sick Leave
___________________________________________________________________________
Spouse
Parent
Child
(Mother/Father)
(Daughter/Son)
Brother/Sister
Grand/Great
Dependents
Husband
Biological
Biological
Biological
Parent
Living in
Wife
Adoptive
Adoptive
Adoptive
Child
the
Step
Foster
Step
Step
employee's
Loco Parentis*
Step
Half
In-law
household
In-law
Legal Ward
In-law
Loco Parentis*
In-law
*A person who is in the position or place of a parent
_________________________________________________________________________________
Leave Without Pay for Extended Illness
If an employee, or the employee’s child, parent or spouse, has a serious illness that
qualifies under the Family and Medical Leave Act, the provisions of that policy shall be
followed. (The FMLA Policy follows the Sick Leave Policy in this Manual.)
If the illness does not qualify for the FMLA, the provisions of the Leave without Pay
Policy shall be followed. (The Leave without Pay Policy is located at the end of this
Section in this Manual.)
______________________________________________________________________________
How to handle sick leave upon separation and reinstatement
Separation
Unused Sick leave shall:
Unused Sick leave may:
• not be paid in terminal leave,
• be applied toward retirement if
• be entered on PD-105 separation, and
eligible to retire within five years.
• be deducted from final salary check in
See Retirement Credit below.
one-tenth hour units if overdrawn.
(See exceptions for exhausting sick leave
below.)
Sick Leave
Leave
Section 5, Page 97
Sick Leave
___________________________________________________________________________
Reinstatement
• be reinstated when employee returns
• be reinstated when an employee
from authorized leave without pay, and
• be reinstated when employee returns
returns to State employment within
five years from SPA
within five years from any type of
employment with a local
separation.
government*, public school,
community college, or technical
institute.
*Social Services, Mental Health, Public
Health, and Emergency Management
Exceptions:
(1) If an employee is exhausting approved sick/vacation leave for medical reasons and resigns or
dies before returning to work, the date separated shall be the date the employee resigns or dies.
This is subject to the approval of the Agency HR office,
(2) If an employee gives notice of a resignation and becomes ill, the employee may exhaust
sick/vacation leave up until the date of the resignation. The date separated will be the date of
resignation. This is subject to the approval of the Agency HR office.
Retirement Credit
One month of credit is allowed for each 20 days, or any portion thereof, of sick leave to
an employee’s credit upon retirement.
_________________________________________________________________________________
Sick Leave Records
Agencies shall:
•
maintain annual records of sick leave for each employee,

balance leave records at least at the end of each calendar year;
•
notify employees of leave balances at least once each year, and
•
retain leave records for all separated employees for a period of at least five years
from date of separation.
Sick Leave
Sick Leave
Leave
Section 5, Page 98
Revised: July 1, 1995
Leave – Employee Transfer
___________________________________________________________________________
Contents:
Policy
Covered Employees
Leave to Locate a New Residence
Leave to Move to a New Residence
Policy
The State recognizes that relocation of an employee is often necessary to serve the best
interests of the employee and of State government. In order to most effectively utilize the
capabilities of each employee and to staff all positions with qualified persons, the
transfer of employees may be necessary.
When the transfer of an employee is made to a new duty station 35 miles or more away
from the current residence, the employee becomes eligible for consideration for
reimbursement of moving expenses if the employee chooses to change place of
residence. Under such circumstances it is the policy of the State to grant leave with pay
to the employee for a reasonable amount of time required to locate a new residence and
to accomplish the relocation to that new residence.
_________________________________________________________________________________
Covered Employees
Full-time or part-time (half-time or more) permanent, probationary, trainee and timelimited employees are eligible for leave.
Temporary, intermittent, and part-time (less than half-time) are not eligible for leave.
_________________________________________________________________________________
Leave to Locate a New Residence
It is desirable that the employee make a decision on permanent living arrangements
prior to the time of transfer to the new duty station. Leave with pay may be granted up to
a maximum of three trips of three days each to locate a new residence. The agency
shall consider the employee’s effort being exerted, and progress made, in order to
determine if three trips are necessary.
Leave
Section 5, Page 99
Revised: July 1, 1995
___________________________________________________________________________
_________________________________________________________________________________
Leave to Move to a New Residence
Leave with pay shall be granted for two days when the employee moves household and
personal goods from the old residence to the new one. The agency may grant additional
days of leave with pay if the distance between old and new duty stations warrants this,
or if other uncontrollable factors require a longer period of time.
_________________________________________________________________________________
Note: Policy on reimbursements for moving expenses is contained in the State Budget Manual. This
policy on leave does not always coincide with provisions for paying moving expenses.
_____________________________________________________________________________
Leave
Section 5, Page 100
Vacation Leave
___________________________________________________________________________
Contents:
Policy
Purpose
Covered Employees
Uses of Leave
Leave Credits
Total State Service Defined
Other Credit for Total State Service
Accounting for Creditable Service
Scheduling Leave
Accumulation
Advancement
Leave Charges
Benefits Continue
Leave Transferable
Options during Leave without Pay
Separation Payment for Leave
Overdrawn Leave
Pay rolling Leave
Retirement Contribution
Payment to Estate
Leave Records
Bonus Leave
Policy
Vacation leave is credited to employees who are in pay status (working, on paid leave or
on workers’ compensation leave) for one-half or more of the regularly scheduled
workdays and holidays in the pay period in accordance with the provisions outlined
below.
_________________________________________________________________________________
Purpose
The primary purpose of paid vacation is to allow employees to renew their physical and
mental capabilities and to remain a fully productive employee. Employees are
encouraged to request leave during each year in order to achieve this purpose.
_________________________________________________________________________________
Covered Employees and Vacation Leave Credits
Full-time permanent, probationary, trainee and time-limited employees are granted leave
based on length of total State service as shown in Table I. (Part-time employees who
work half-time or more are granted prorated leave.)
Vacation Leave
Leave
Section 5, Page 101
Vacation Leave
___________________________________________________________________________
Temporary, intermittent and part-time (less than half-time) are not granted leave.
Uses of Leave
Vacation leave may be used for:
•
vacation,
•
other periods of absence for personal reasons,
•
absences due to adverse weather conditions,
•
personal illness (in lieu of sick leave),
•
illness in the immediate family, and
•
time lost for late reporting; however, deductions should be made from the
employee’s pay where excessive tardiness or absenteeism occurs.
•
donations to an employee who is an approved voluntary shared leave recipient
Advisory Note: Although approval of the use of vacation leave is discretionary, requests by an
employee to use vacation leave for cultural and/or ethnic-related events should be granted if the
employee has accrued vacation leave and the granting of the leave will not result in undue
hardship on the agency or its employees.
______________________________________________________________________________
Table I - Leave Credits
Years of Total State Service
Hours Granted Each
Hours Granted Each
Days Granted Each
Month
Year
Year
Less than 5 years
9 hrs. 20 mins.
112
14
5 but less than 10 years
11 hrs. 20 mins
136
17
13 hrs. 20 mins.
160
20
15 hrs. 20 mins.
184
23
20 years or more
17 hrs. 20 mins.
208
26
Total State
A full month of credit is given for total State service, both subject to and exempt from
Service Defined
the Human Resources Act if:
Vacation Leave
Leave
Section 5, Page 102
Vacation Leave
___________________________________________________________________________
the appointment is:
AND the appointment is:
AND the employee is:
• Full-time, or
• Permanent,
• in pay status for one-
• Part-time (half-time or
• Probationary,
half or more of the
• Trainee, or
regularly scheduled
• Time limited
workdays and holidays
more)
in the pay period, or
• is on authorized
military leave
_________________________________________________________________________________
Other Credit for Total State Service
Credit shall also be given for employment with:
•
other governmental units which are now State agencies (e.g., county highway
maintenance, War Manpower Commission, Judicial System)
•
the county Agricultural Extension Service, Community College System and the
public school system of North Carolina, with the provision that a school year is
equivalent to one full year,
•
a local Mental Health, Public Health, Social Services or Emergency Management
Agency in North Carolina if such employment is SPA.
•
the General Assembly (except for participants in the Legislative Intern Program
and pages). All of the time, both permanent and temporary, of the employees will
be counted; and the full legislative terms of the members, and
•
Authorized military leave from any of the governmental units for which service
credit is granted, provided the employee is reinstated within the time limits
outlined in the State Military Leave policies.
•
Authorized worker's compensation leave from any of the governmental units for
which service credit is granted
_________________________________________________________________________________
Accounting for Creditable Service
Vacation Leave
Leave
Section 5, Page 103
Vacation Leave
___________________________________________________________________________
The agency shall be responsible for informing each employee of the types of prior
service which are eligible to be counted as total State service. If the employee fails to
produce evidence of prior service at the time of employment and later produces such
evidence, it creates a cumbersome, time-consuming process to adjust leave records.
When this occurs, credit will be allowed for the service and the earnings rate will be
adjusted; however, retroactive adjustments will only be allowed for the previous twelve
months. Exceptions will be made if the agency is at fault or fails to properly detect prior
service.
_________________________________________________________________________________
Scheduling Leave
Vacation leave shall be taken only upon authorization of the agency head (or designee).
Advisory Note for agencies using BEACON HR/Payroll System:
If an employee has holiday compensatory time, overtime compensatory time, gap hours
compensatory time, on-call compensatory time or travel compensatory time, it shall be
taken before vacation leave.
_________________________________________________________________________________
Accumulation
Vacation leave may be accumulated without any applicable maximum until December 31
of each year. However, if the employee separates from service, payment for
accumulated leave shall not exceed 240 hours.
On December 31 of each year 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 shall be prorated.
Advancement
Vacation Leave
Leave
Section 5, Page 104
Vacation Leave
___________________________________________________________________________
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.
Advisory Note: If more leave is taken than can be credited during the calendar year, the balance
above the amount that can be advanced shall be deducted in the next paycheck.
_________________________________________________________________________________
Leave Charges
Leave shall be charged in units of time appropriate and consistent with the responsibility
of managing absences in keeping with operational needs.
_________________________________________________________________________________
Benefits Continue
When exhausting leave, the employee continues to accumulate leave, is eligible to take
sick leave, is entitled to holidays and is eligible for salary increases during that period.
______________________________________________________________________________
Leave Transferable
When an employee
THEN, leave...
OR...
transfers from…
State SPA to SPA
shall be transferred
State SPA to EPA
may be transferred subject
employee shall be paid in a lump
to the receiving agency’s
sum, not to exceed 240 hours
approval.
(prorated for part-time).
employee shall be paid in
accordance with existing leave
approval.
policies.
State EPA to SPA
Vacation Leave
Leave
Section 5, Page 105
Vacation Leave
___________________________________________________________________________
From a State agency to a:
the employee shall be paid in a lump
• Public school,
sum not to exceed 240 hrs. (prorated
• Community College
approval.
for part-time employees). If only a
• Technical Institute
part of the leave is accepted, the
• Local Mental Health,
combination cannot exceed 240 hrs.
• Local Public Health
• Local Social Services,
• Local Emergency
Management
A local agency listed
if any portion of leave is paid, the
above to a State agency
combination cannot exceed 240 hrs.
approval.
_________________________________________________________________________________
Options During Leave without Pay
An employee going on leave without pay may exhaust vacation leave or may retain part
or all accumulated leave, except:
•
When an employee requests leave for vacation purposes, all accumulated
vacation leave shall be exhausted before going on leave without pay, or
•
When an employee requests leave for other personal reasons for a period not to
exceed 10 workdays, leave shall 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.
Options for use of vacation leave under the Workers’ Compensation Policy, Family and
Medical Leave Policy, and Military Leave Policy are included in these respective policies.
______________________________________________________________________________
Vacation Leave
Leave
Section 5, Page 106
Vacation Leave
___________________________________________________________________________
Separation – Pay for Leave
Lump sum payment for leave is made only at the time of separation.
When separation is due to...
Accumulated Vacation THEN the employee
and the date
Leave
separated is:
• Resignation
shall be paid in a lump ceases to
the last day of
• Dismissal,
sum not to exceed
• accumulate leave
work.
• Death
240 hours (prorated
• be entitled to take sick (See (2) &
for part-time
employees)
leave;
(3)
exceptions
• be entitled to holidays. below)
(See (1) exception
below.)
• Service retirement,
may be exhausted if
accrues benefits while
the last day of
• Early retirement, or
the employee elects
exhausting leave.
leave. **See
• Reduction in force
to do so.
example
below.
(1)
When the last day(s) of the month is a holiday and the employee is in pay status through the
last available workday, the employee shall also receive pay for the holiday(s).
(2) If
an employee is exhausting approved sick/vacation leave for medical reasons and resigns or
dies before returning to work, the date separated shall be the date the employee resigns or
dies. This is subject to the approval of the Agency HR office.
(3)
If an employee gives notice of a resignation and becomes ill, the employee may exhaust
sick/vacation leave up until the date of the resignation. The date separated will be the date of
resignation. This is subject to the approval of the Agency HR office.
(4)
An employee retiring or being reduced in force effective 1-1-08 could establish the last day of
work as 12-14-07; then exhaust 64 hours of leave through the end of December and receive
the unused balance, up to 240 hours, in a lump sum. The date separated would be
December 31.
_________________________________________________________________________________
Overdrawn Leave
If an employee separates and is overdrawn on leave, it will be necessary to make
deductions from the final salary check.
Vacation Leave
Leave
Section 5, Page 107
Vacation Leave
___________________________________________________________________________
_________________________________________________________________________________
Pay rolling Leave
Payment for leave may be made on the regular payroll.
To calculate the amount of payment, divide the annual salary by 2080 (the number of
work hours in a year) and multiply by the number of vacation hours to be paid.
Example:
$32,000 /2080 = $15.38
$15.38 x 240 = $3691.20
_________________________________________________________________________________
Retirement Contribution
Retirement deductions shall be made from all leave payments.
_________________________________________________________________________________
Payment to Estate
In the case of a deceased employee, payment for unpaid salary, leave, and travel must
be made, upon establishment of a valid claim, to the deceased employee’s administrator
or executor. In the absence of an administrator or executor, payment must be made to
the Clerk of Superior Court of the county of the deceased employee’s residence.
_________________________________________________________________________________
Leave Records
It is the responsibility of each agency to maintain leave records for each employee.
Leave records shall be balanced at least at the end of each calendar year. Agencies
should assume responsibility for notifying employees of leave balances at least once
each year.
Agencies must retain leave records for all separated employees for a period of at least
five years from the date of separation.
Advisory Note: If leave records are kept electronically, the agency does not need to keep paper
copies.
Vacation Leave
Leave
Section 5, Page 108
Vacation Leave
___________________________________________________________________________
BONUS LEAVE
______________________________________________________________________________
Amount and
The General Assembly provided bonus leave as follows:
Eligibility
Amount of leave
80 hours
Effective Date
September 30, 2002
Eligibility
All employees except:
• Employees who do not earn leave, and
• Employees paid on the Teacher Salary
Schedule or the School Based
Administrator Salary Schedule.
80 hours
July 1, 2003
• Employees who do not earn leave,
• Employees of the State Highway Patrol
who receive an automatic increase, and
40 hours
September 1, 2005
• Employees who do not earn leave, and
_________________________________________________________________________________
Provisions for Part-Time and Leave without Pay
(1) Full-time employees who work less than 12 months shall receive a pro rata amount.
(2) Permanent part-time employees (half-time or more) shall receive a pro rata amount.
(3) Employees on leave without pay, other than workers’ compensation leave
and
leave for reserve active duty, shall be credited with the bonus leave upon their return
based on their type of appointment at the time of leave without pay. If they do not
return, they are not eligible for the leave.
(4) Employees on workers’ compensation leave and leave for reserve active duty shall
be credited with bonus leave for use upon their return to work. If the employee does
Vacation Leave
Leave
Section 5, Page 109
Vacation Leave
___________________________________________________________________________
not return, the bonus leave shall be paid in addition to any other leave, in accordance
with the leave policies.
_________________________________________________________________________________
Scheduling Bonus Leave
(1) Bonus leave shall be taken only upon appropriate authorization.
Advisory Note: In the BEACON HR/Payroll System, it shall be used after holiday
compensatory time, over-time compensatory time, gap hours compensatory time, on-call
compensatory time, travel compensatory time, holiday compensatory time and vacation
leave.
(2) Bonus leave may be used for any purpose for which regular vacation leave is used.
(3) Bonus leave shall be charged in units of time consistent with regular vacation leave
guidelines.
_________________________________________________________________________________
Accounting for the Bonus Leave
(1) Bonus leave shall be accounted for separately from regular earned vacation leave.
(2) Any balance of bonus leave on December 31 will be retained by the employee and
transferred into the next calendar year. It will not be as part of the maximum 240
hours of vacation that can be retained.
(3) Bonus leave will not be subject to conversion to sick leave.
_________________________________________________________________________________
Transfer
Any balance of bonus leave will be transferred with the employee who transfers to
another State agency eligible for bonus leave.
_________________________________________________________________________________
Separation/Status Change
Bonus leave balance will be paid in addition to regular vacation leave if the employee
leaves state government or the appointment type changes to a non-leave earning status
(such as exempt, part-time, etc.).
_________________________________________________________________________________
Vacation Leave
Leave
Section 5, Page 110
Vacation Leave
___________________________________________________________________________
Miscellaneous Provisions
(1) Bonus leave may be applied to negative balances of regular earned leave with the
approval of the employee and the agency head (or designee).
(2) Bonus leave is available to be donated as vacation leave under the Voluntary
Shared Leave provisions.
(3) Agencies shall maintain records of bonus leave.
Vacation Leave
Leave
Section 5, Page 28
February 1, 2011
Voluntary Shared Leave
An employee may donate leave, as outlined below, to an employee who has
been approved to receive voluntary shared leave because of a medical
condition of the employee or of a member of the employee’s immediate
family that will require the employee’s absence for a prolonged period of
time. [Please refer to the chart below for the definition of immediate
family.]
Policy
Covered Employees
Type of Appointment
Is Employee Eligible?
Yes
No
Full-time or part-time (halftime or more)
Definitions
x
x
Terms
Definition
Prolonged medical condition 20 consecutive workdays (see exception on
or prolonged period of time next page)
Recipient
the employee or the employee’s immediate
family who receives leave
Donor
employee who donates leave
Immediate family
See chart below
Spouse
Husband
Wife
Parent
(Mother/Father)
Child
(Daughter/Son)
Brother/Sister
Grand/Great
Dependents
Biological
Adoptive
Step
In Loco Parentis
In-law
Biological
Adoptive
Foster
Step
In Loco Parentis
In-law
Biological
Adoptive
Step
Half
In-law
Parent
Child
Step
In-law
Living in the
employee’s
household
Continued on next page
Revision No. 41
February 1, 2011
Leave
Section 5, Page 29
February 1, 2011
Voluntary Shared Leave, Continued
Exception to
20-day period
If an employee has had previous 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.
Agency Policies
All agencies shall develop policies and procedures to implement this
program, subject to the availability of funds. This may include a specific time
period during which leave may be donated. If an agency policy includes
employees exempt from the Human Resources Act who are in comparable
leave earning and reporting positions, leave may be shared between subject
and exempt employees.
Leave “Bank”
Prohibited
Establishment of a leave “bank” for use by unnamed employees is expressly
prohibited. Leave must be donated on a one-to-one personal basis.
Intimidation or
Coercion
Prohibited
An employee may not intimidate, threaten, coerce, or 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 leave under this program. Such action shall be grounds for
disciplinary action up to and including dismissal on the basis of personal
conduct.
Revision No. 41
February 1, 2011
Leave
Section 5, Page 30
February 1, 2011
Qualifying to
receive leave
In order to receive voluntary shared leave, an employee (see definition of
“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 to become a recipient,
• produce medical evidence to support the need for leave beyond the
available accumulated leave, and
• be approved by the parent agency to participate in the program.
An employee on workers’ compensation leave who is drawing temporary
total disability compensation may be eligible to participate, but would be
limited to use with the supplemental leave schedule issued by the Office of
State Human Resources.
An employee on maternity leave may be eligible to receive voluntary shared
leave to cover the period of disability related to the pregnancy and/or birth as
documented by a physician.
Nonqualifying
Reasons
An employee who is receiving benefits from the Disability Income Plan of
North Carolina (DIPNC) is not eligible to participate in the program. Shared
leave may be used during the required 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 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.
Voluntary shared leave cannot be used for parental care of a newborn child
absent a documented prolonged health condition.
Application
Procedure
A prospective recipient shall apply or be nominated by a fellow employee to
participate in the program. Application shall follow the procedure established
by the parent agency and shall include a doctor’s statement.
Revision No. 41
February 1, 2011
Leave
Section 5, Page 31
February 1, 2011
Agency
Approval
The parent agency shall review the merits of the request and approve or
disapprove. Agency heads may choose to delegate the responsibility for
reviewing the validity of requests to an existing peer group or establish a
committee for this purpose. Such a committee may also be used in an
advisory capacity to the agency head.
Confidentiality
The Privacy Act makes medical information confidential. When disclosing
information on an approved recipient, only a statement that the recipient has a
prolonged medical condition (or the family member) needs to be made. If the
employee wishes to make the medical status public, the employee must sign a
release to allow the status to be known.
When does
VSL begin?
An employee may begin using voluntary shared leave after all available sick
and vacation/bonus leave has been exhausted. While using voluntary shared
leave, employee continues to earn leave; when accounting for leave, this
vacation and sick leave should be used first.
How much
leave can a
recipient
receive?
The amount of leave a recipient may receive is 1,040 hours (prorated for parttime employees), either continuously or, if for the same condition, on a
recurring basis. However, management may grant continuation, on a monthto-month basis, to a maximum of 2,080 hours, if management would have
otherwise granted leave without pay.
Qualifying to
Donate Leave
In order to donate voluntary shared leave, an employee (see definition of
“Donor”) must, at the time of donation,:
• be an active employee (not separated);
• be in a position that earns leave; and
• have sufficient leave balances (see “how much leave may be donated).
Revision No. 41
February 1, 2011
Leave
Section 5, Page 32
February 1, 2011
Qualifying to
Donate Leave
(continued)
Employees on workers’ compensation leave without pay (LWOP) can donate
leave earned prior to going on LWOP. The employee must have been in
active leave earning status prior to workers’ comp LWOP and otherwise
qualify to donate leave. Leave earned while on workers’ compensation
LWOP is not available for donation until the employee is reinstated from
LWOP.
State employees who are exempt from the personnel act (EPA) can only
participate if they are in comparable leave earning and reporting positions.
Paid Time Off (PTO) leave programs are not considered comparable.
What may a
family member
donate?
An employee of any agency, public school system, or community college
may donate 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. See definition of immediate family.
What may a
non-family
member
donate?
An employee may donate the following leave to a non-family member:
(1) An employee of a State agency may donate vacation or bonus leave to
another employee in any State agency.
(2) An employee of a State agency may donate vacation/bonus leave to a
coworker’s immediate family who is an employee in a public school or a
community college. The employee and coworker must be in the same
agency. This includes non-family members on leave without pay.
(3) An employee of a State agency may donate sick leave to a nonfamily
member of a State agency under the following provisions effective
January 1, 2011:
• The donor shall not donate more than five days of sick leave per year
to any one nonfamily member;
• The combined total of sick leave donated to a recipient from a
nonfamily member 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.
Advisory Note: At retirement a member of the TSERS with an earned
sick leave balance receives an additional month of service credit for
each 20 days or portion thereof. The additional service credit
increases the retirement benefit for the remainder of the life of the
retiree.
Revision No. 41
February 1, 2011
How much
vacation/bonus
leave may be
donated?
Leave
Section 5, Page 34
February 1, 2011
The minimum amount of vacation and/or bonus leave that may be donated is
four hours.
The maximum amount of vacation leave that may be donated:
• may not be more than the amount of the donor’s annual accrual rate, and
• may not reduce the donor’s vacation leave balance below one-half of the
annual vacation leave accrual rate.
Bonus Leave may be donated without regard to the above limitations on
vacation.
Example: Employee with 5 but less than 10 years of total state service
earns 136 hours annually. Employee may donate 4 or more hours but
may not reduce vacation leave balance below 68 hours.
How much sick
leave may be
donated?
The minimum amount of sick leave that may be donated is four hours.
What happens
to leave at the
end of the
medical
condition?
Any unused leave at the expiration of the medical condition, as determined by
the agency shall be treated as follows:
The maximum amount of sick leave that may be donated:
• is 1,040 hours, but
• may not reduce the sick leave account below 40 hours.
•
The recipient’s sick leave account balance shall not exceed a total of 40
hours (prorated for part-time employees).
• Any additional unused donated leave shall be returned to active
(working or on leave without pay) donor(s) on a prorata basis and
credited to the leave account from which it was donated.
Revision No. 41
February 1, 2011
STATE PERSONNEL MANUAL
Leave
January 1, 2011
What happens
to leave if
recipient
separates?
If a recipient separates due to resignation, death, or retirement from State
government, participation in the program ends.
What happens
to leave if
recipient
transfers?
If a recipient transfers to another State agency, unused voluntary shared leave
shall be returned to the donors. The employee must make a new request in
the receiving agency.
Leave Records
and Accounting
The agency shall establish a system of leave accountability which provides a
clear and accurate record for financial and management audit purposes.
Unused leave shall be returned to the donor(s) on a prorata basis and credited
to the same account from which it originally came.
Leave donated shall be:
• kept confidential. Only individual employees may reveal their donation
or receipt of leave,
• credited to the recipient’s sick leave account and charged according to
the Sick Leave Policy, and
• available for 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 to the recipient or leave without pay. Donated leave should be
applied to advanced leave before applying it to leave without pay.
Reports
Revision No. 41
February 1, 2011
The Human Resources Commission shall report annually to the Joint
Legislative Commission on Governmental Operations and to the Fiscal
Research Division on or before October 15 each year. The report shall
include the total number of days or hours of vacation leave and sick leave
donated and used by voluntary shared leave recipients and the total cost of the
vacation leave and sick leave donated and used.

Document 6543740

Transcription

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