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5. Personnel and Employment -Part 3

5.23 Leave (General)

An employee who is absent from work during his or her scheduled working hours shall have the appropriate leave account charged for the hours absent. The employee shall make written request to his or her supervisor for the type of leave desired and or taken.

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5.24 Annual Leave

Full-time curriculum faculty below the Division Chairperson level employed on or after July 1, 1992 will not accrue annual leave. Curriculum faculty employed full-time prior to that day were permitted to elect to accrue or not to accrue annual leave. Should job assignments change: i.e., from curriculum teaching to chairperson, administrative, or non-curriculum teaching, the employee would be changed from non-accrual to accrual; OR from administrative, etc. to full-time curriculum teaching, employee would elect to either continue accrual (if employed before July 1, 1992) or non-accrual.

For faculty employed on a non-accrual annual leave basis, non-work days shall consist of all days that College classes are not in session, except those days required for registration, faculty and/or student orientation, graduation programs, and other officially designated work days. All other instructional faculty and full-time regular employees who are working or on paid leave for one-half or more of the regularly scheduled workdays in any month earn annual leave at a rate based on the years of creditable service as indicated in the following table.

Annual Leave
YEARS OF
STATE
SERVICE
DAYS
EARNED
EACH MONTH
HOURS
EARNED
EACH MONTH
Less than 5 1 1/8
9 hrs.
5-10 1 3/8 11 hrs.
10-15 1 5/8 13 hrs.
15-20 1 7/8 15 hrs.
20+ 2 1/8
17 hrs.

Years of state service in the above table shall include:

  1. All regular employment, if at least half-time, with Catawba Valley Community College (those persons contracted to work 9, 10, or 11 months will be credited for "a year" of CVCC service); and
  2. b) All regular employment, if at least half time, with the North Carolina Community College System (at the state and/or local level), and all prior, verifiable, NC State Service, effective July 1, 2006.

Full-time personnel may accumulate leave time up to 240 hours. On June 30 any employee with more than 240 hours of accumulated leave shall have the excess accumulation transferred to sick leave so that only 240 hours are carried forward to July 1 of the next fiscal year. (This was effective commencing with the annual leave balance on June 30, 1993). When an employee leaves or retires from CVCC, the employee will receive payment for a maximum of 240 hours or the lesser part thereof of annual leave that the employee has earned.

CVCC does not accept any accumulated annual leave (transfers of annual leave), which includes Bonus Annual Leave, effective July 1, 2006.

New employees may be granted leave only as it is earned through the first six months of full-time service. After six months, employees may be advanced that amount of leave which they would earn during the remainder of the fiscal year. An employee may be advanced annual leave not to exceed the amount the employee can earn during the current fiscal year or the difference between the amount of accumulated leave carried forward and the maximum allowable. The President shall make the determination as to the allowance of annual leave advancement prior to granting such leave.

Employees, including those on non-accrual, must make written request for annual leave. CVCC may schedule the days an employee is to use annual leave. The minimum amount of annual leave which may be taken is one-half hour, effective July 1, 2006. Only scheduled work hours or days shall be charged in calculating the amount of leave taken. Saturdays, Sundays, and/or holidays are charged only if they are scheduled workdays. If an employee is on annual leave when weather or other conditions result in closing of CVCC, the employee will not be charged with the use of annual leave.

Annual leave may be used for medical appointments. Annual leave may be used in lieu of sick leave after all sick leave is exhausted.

Annual leave shall be used when an employee is absent due to adverse weather and his/her scheduled work hours were not officially cancelled as a result of CVCC/campus officially closing as a result of such adverse weather.

Four days of faculty personal leave may be granted during the year when classes are in session. Two consecutive days of leave may be taken each semester up to a maximum of four days per year. The four days of leave that may be taken will not accumulate annually and may be awarded if the following conditions are met.

For faculty on accrual status, leave may be granted during the semester if: (1) sufficient annual leave days have been accrued; (2) the instructor and/or division chairperson/department head can identify and recruit a capable substitute; (3) in the opinion of the division chairperson/department head, classes will be adequately covered; and (4) approved by the appropriate division chairperson/department head and the Associate Dean of Instruction. In addition, since these annual leave days can normally be planned in advance, the instructor should meet with the substitute(s) prior to the leave to review course plans and activities to ensure continued quality instruction.

For faculty on non-accrual status, leave may be granted during a semester if: (1) the time is repaid during periods designated as non-working days; (2) the instructor and/or division chairperson/department head can identify and recruit a capable substitute; (3) in the opinion of the division chairperson/department head, classes will be adequately covered; and (4) approved by the appropriate division chairperson/department head and the associate dean of instruction. In addition, since these annual leave days can normally be planned in advance, the instructor should meet with the substitute(s) prior to the leave to review course plans and activities to ensure continued quality instruction.

Lump-sum payment for annual leave is made only at the time of separation. An employee shall be paid in a lump sum for accumulated leave not to exceed a maximum of 240 hours when he/she is separated from institutional service. Such accumulated leave shall be termed "Terminal Leave."

CVCC's part-time employees do not earn annual leave.

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5.25 Sick Leave

A full-time regular employee who is scheduled to work 40 hours per week and is working or on paid leave for one-half or more of the regularly scheduled workdays in any month shall earn sick leave computed at the following rates:

 

Hours Earned Each Month
Days Earned
Each Month
Hours Earned
 Each Year
1 - 8 hour day 96

Since some CVCC employees work less than a 40-hour week, it is the intent of this policy to grant 96 hours sick leave for 12-month employees. Sick leave is cumulative. Sick leave is non-transferable to any other type of leave.

Prior to approving sick leave, CVCC may require a statement from a medical doctor or other acceptable proof that the employee was unable to work. Sick leave may be granted for:

  1. Illness or injury which prevents an employee from performing his/her usual duties;
  2. Illness of a member of the employee's immediate family (for this purpose, immediate family is defined as spouse, parents, children [including step relationships] and other dependents living in the household);
  3. A maximum of three days in case of death in the employee's immediate family;
  4. Medical appointments;
  5. Quarantine due to a contagious disease in the employee's immediate family; or
  6. The actual period of temporary disability connected with childbearing.

The minimum amount of sick leave which may be taken is one-half- hour, effective July 1, 2006. Only scheduled work hours or days shall be charged in calculating the amount of leave taken. Saturdays and/or Sundays are charged if they are scheduled workdays.

Sick leave shall be exhausted before going on leave without pay because of extended illness. While sick leave is being exhausted, all benefits for which the employee is entitled shall be earned.

The President may advance sick leave not to exceed the amount of days an employee can earn during the current fiscal year. Approval shall be obtained prior to the use of such advancement. Should employees be separated before they have earned all of the sick leave taken, it will be necessary to make deductions from their final salary check for overdrawn leave on a day-for-day basis.

Employees subject to the N. C. State Personnel Act may transfer sick leave (or any portion of sick leave) from a NC State agency to a public school, community college, or technical institute; and a public school, community college, or technical institute employee may transfer sick leave to a NC State agency if employed in a position that is subject to the N. C. State Personnel Act when such transfer is deemed acceptable by the head of the employing agency or the local school administrative unit, community college, or technical institute.

Employees who transfer from a public school, community college, or a technical institute to a community college or technical institute may be credited with any sick leave which they had at the termination of employment with the public school, community college, technical institute, or NC State agency provided their employment was continuous and provided that such transfer is deemed acceptable by the school's president. Employment will be considered continuous if a public school, community college, or technical institute employee accepts other employment with a NC State agency, public school, community college, or technical institute any time after the end of the academic year or before the beginning of the next academic year.

Employees separated because of a reduction in force shall be credited with accrued sick leave if reinstated within one year. Employees granted leave without pay shall be credited with accrued sick leave if reinstated before the termination date of such leave. If employees are separated for other reasons and are reinstated within one year from the date of his/her last workday, the employing institution may consider reinstatement of sick leave credits accumulated at the time of separation.

Employees may not be paid for unused sick leave when they retire or otherwise separate from the College.

CVCC's part-time employees do not earn sick leave.

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5.26 Funeral Leave

An employee may use a maximum of three days sick leave when there is a death in the immediate family. Leave exceeding this must be charged to annual leave or leave without pay. Immediate family is defined as wife, husband, mother, father, brother, sister, brother-in-law, sister-in-law, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, grandmother, grandfather, grandson, granddaughter, step-mother, and step-father.

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5.27 Maternity Leave

In accordance with the CVCC's policy on Equal Opportunity, female employees shall not be penalized in their condition of employment because they require time away from work caused by or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery.

Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery are, for all job-related purposes, temporary disabilities and must be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.

Sick leave can be used for maternity purposes for the period of actual disability as a result of childbearing and recovery. A doctor's certification will be required verifying the employee's disability.

An employee going on leave without pay for another purpose, such as illness, is allowed to exhaust accumulated annual leave. To prevent discrimination, employees going on maternity leave will be permitted to exhaust accumulated annual leave and thus gain the benefits being accorded other types of leave without pay.

Maternity leave, normally not to exceed 3 months, shall be granted regular employees. Limitation of employment before childbirth is prohibited. However, based on the type and nature of work performed, CVCC shall be responsible for determining, in consultation with the employee and upon advice she has received from her physician, how far into pregnancy she may continue to work before going on leave. Her return to work should be within a reasonable length of time, depending upon the advice of her physician. Reinstatement to the same position or one of like status and pay must be made upon the employee's return to work.

The employee shall apply in writing to her supervisor for leave. The supervisor shall forward this request to the president or designee representative with a recommendation for action. The employee is obligated to return to duty within or at the end of the time determined appropriate by this joint institution decision. If she does not return to work, she should notify CVCC immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, may be considered a resignation.

The employee will continue to earn sick and annual leave during periods of paid leave.

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5.28 Leave Without Pay

Employees may request and, when approved, take leave without pay. When such leave is taken, a pro-rata deduction will be made from the monthly salary. The deduction will be the ratio of the number of leave days taken to the number of scheduled working days, including qualified holidays, in the month the leave is taken. Annual leave must be exhausted before going on leave without pay.

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5.29 Family and Medical Leave Act

The 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. CVCC grants leave in accordance with this Act.

» Family and Medical Leave Act
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5.30 Civil Leave - Jury Duty or Court Attendance

When employees serve on a jury, they are entitled leave with pay for the period of absence required. They are entitled to regular compensation plus fees received for jury duty.

When employees attend court in connection with official CVCC duties, no leave is required. (When employees are required to attend court on a day that they would normally be off, the time is to be considered as working time and included in the total hours worked per week.)

When employees are subpoenaed or directed by proper authority to appear as a witness, they shall be granted civil leave with pay.

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5.31 Educational Leave

The term "educational leave" refers to the release from duties or time normally required of a full time employee in carrying out the full load of responsibilities assigned to further his education. Educational leave may be granted if the following criteria are met:

  1. The employee is employed full time on a 9 , 10 , 11 , or 12 month basis;
  2. The employee shall be under contract to the college for the next fiscal year;
  3. Educational leave shall not exceed one semester per fiscal year; and
  4. An employee who fails to honor the contract required in #2 above shall be required to repay the amount expended for educational leave. If the employee fulfills a portion of the contract before failing to honor the contract, repayment shall be on a pro-rata basis (e.g. if an employee works 4 months of a 12 month contract, a repayment of 66.7% would be required).

Educational leave shall be approved by the President and the Board of Trustees.

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5.32 Military Leave

The rules concerning military leave, codified as Title 25, Subchapter 1E, Section .0800, are hereby incorporated by reference including any subsequent amendments and editions of these rules.

» Title 25 Subchapter 1E NC Administrative Code
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5.33 Voluntary Shared Leave

The voluntary shared leave policy allows an employee to assist another state employee affected by a personal or immediate family member's medical condition that requires abscence from work for a prolonged period of time resulting in the possible loss of income due to a lack of accumulated leave.  Immediate family members include spouse, child, parent, mother, father, sister, brother, grandparent, great-grandparent, grandchild, and great grandchildren or other dependents living, including step and in-law relationships.  Further information regarding Applying for Voluntary Shared Leave and Donor Guidelines can be obtained from the personnel office.
  

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5.34 Retirement System

It is mandatory that all full-time staff members be enrolled in the State Employees' Retirement System. Six percent of annual salary shall be deducted for retirement purposes.

At the conclusion of a five-year period of employment, an employee will have vested right to retirement benefits. In the event that an employee desires to terminate employment at CVCC, a formal request may be made to the State Retirement System for information regarding contributions to date. Normally, a 90-day period for refund can be expected. Additional information concerning the State Retirement System may be obtained from the Personnel Office, from the State Retirement System Office, or from the Retirement Benefits Manual.

» Retirement Benefits Manual
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5.35 Disability Income Plan

Full-time employees are enrolled in the Disability Income Plan of North Carolina. This plan provides both short-term and long-term disability income benefits. Further information regarding plan requirements and benefits may be obtained from the Personnel Office or from the Retirement Benefits Manual (see the Disability Income Plan of North Carolina section).

» Retirement Benefits Manual 
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5.36 Death Benefit
The Retirement System provides a death benefit under certain circumstances. Further information regarding plan requirements and benefits may be obtained from the Personnel Office or from the Retirement Benefits Manual (see the Death Benefit section).

» Retirement Benefits Manual (PDF)
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