Other Forms of Leave
No SPA employee whose position is designated as Exempt under the Fair Labor Standards Act from overtime compensatory provisions shall be paid overtime. SPA Exempt employees shall earn compensatory time for hours worked in excess of forty in a work week on an hour-for-hour basis.
Compensatory time may be accumulated to a maximum of 160 straight time hours. The employee will be able to take the compensatory time earned within 12 months from the date the overtime is performed. If not taken within 365 days, the time shall be forfeited.
Note: SPA Exempt employees who transfer to an EPA position or separate from the University shall forfeit the balance of unused compensatory time.
The payment of premium time and one-half rates is required for hours worked in excess of 40 within a week, with the exception of those positions considered exempt under the Fair Labor Standards Act as Executive, Administrative or Professional employees.
Each supervisor is responsible for controlling the use of overtime. Before overtime is approved, the supervisor must be sure that there are sufficient departmental funds to pay the overtime.
The following provisions apply to Overtime Compensatory Time:
- If time not taken within 365 days, the time shall be paid out in the next paycheck.
- Overtime compensatory time may be accumulated up to a maximum of 240 hours (160 hours straight time). Any overtime worked above this amount shall be paid in the employee's next regular paycheck.
- If an employee separates before taking overtime compensatory time, the remaining time shall be paid in a lump sum.
The State Personnel Act provides that the State Personnel Commission shall establish a holiday schedule that shall not exceed 11 paid holidays per year except in those years in which Christmas Day falls on a Tuesday, Wednesday, or Thursday, the schedule shall not provide for more than 12 paid holidays.
Leave Without Pay
Leave without pay may be granted for illness, education purposes, vacation, or for any other reasons deemed justified by the agency head.
Community Service Leave
The University recognizes the importance of community involvement and encourages employees to participate in volunteer activities by providing flexibility in work schedules and paid leave opportunities. Community Service Leave is a paid time off program for participation in the educational process of children through the high school level and to support other community service volunteer activities for non-profit organizations.
The twenty-four hours (24) of paid leave shall be credited to each employee on January 1 of each year. New employees shall be credited with leave immediately upon their employment, prorated at two hours per month for the remainder of the calendar year.
Questions & Answers
Q. What types of organizations can be designated as an IRS 501(c)(3) agency?
A. The 501(c)(3) agencies are commonly referred to as "charitable organizations". The organization must be organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or education purposes, or for the prevention of cruelty to children or animals. The agency must operate as a non-partisan, non-profit organization.
Q. Can employees use Community Service Leave to volunteer time to work at their church?
A. All churches are designated as 501(c)(3) organizations; however, all services provided for a church might not meet the intent of the policy. The volunteer service for a church related community service project must somehow meet a service need of the State of North Carolina's schools, communities and citizens. For example, a church sponsored mission trip to Brazil to rebuild a church destroyed by an earthquake would not qualify; however, a church sponsored project to repair a home in Wilson, N. C. that was flooded by Hurricane Floyd, would qualify for community service leave. Also, qualifying service does not include activities designed to promote religious belief such as teaching or leading religious assemblies or in raising funds to support religious activities.
Q. Would volunteer time spent as a Guardian Ad Litem (GAL) qualify for Community Service Leave?
A. Yes. A GAL is responsible for serving as a representative for children who are alleged to be abused, neglected or abandoned and who are involved in court proceedings. Any service that directly impacts the human service needs of children is considered eligible.
Q. If a new employee begins work on August 29, will they begin earning their 2 hours of prorated community service leave in August or September?
A. They would begin earning credit for community service leave in September. As with other benefits such as vacation leave and sick leave, employees must be in pay status for one-half or more of the regularly scheduled workdays and holidays in the pay period in order to earn benefits.
Family & Medical Leave (FMLA)
The Family & Medical Leave Act (FMLA) was adopted by Congress in 1993 to balance the demands of the workplace with the needs of employees and their families. The FMLA provides for twelve (12) work weeks of unpaid leave in any 12-month period for an eligible employee to use for the birth or adoption of a child, his/her own serious health condition or the serious health condition of a family member as described herein.
Family Illness Leave
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.
Voluntary Shared Leave
The University has a voluntary “Shared Leave” program that allows one employee to assist another employee in the case of a prolonged medical condition that exhausts the employee’s available leave and would otherwise force the employee to be placed in leave without pay status, resulting in a loss of income.
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.
Under this policy, employees may use paid leave, leave without pay, or donated voluntary shared leave (for approved recipients only) for absences from work due to childbirth, adoption or foster care placement, or a serious health condition of an employee or an employee's spouse, child or parent.
An employee's job and benefits are protected while an employee takes leave under this policy, whether taken as vacation leave, sick leave, voluntary shared leave, leave without pay or any combination.
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.
Full-time or part-time (half-time or more) permanent, probationary, trainee and time-limited employees are eligible for military leave.