Holidays and Leave

Section 3.L.1 – Holidays

1. Full-time employees who are eligible to earn annual leave pursuant to local college policy shall receive pay for a maximum 12 paid holidays per fiscal year. Local boards of trustees shall determine the number of paid holiday for those employees eligible to earn annual leave up to a maximum of 12 paid holidays per fiscal year. Part-time employees who are eligible to earn annual leave pursuant to local college policy shall receive pay for paid holidays on a pro-rata basis.
2. Colleges shall only pay holiday leave to eligible employees who are:
   • In pay status through the day on which the holiday is scheduled, or on a leave of absence without pay, but were in pay status for half or more of the workdays in the month.

Local community college boards of trustees shall determine when holidays are scheduled on the college calendar and may require employees to take annual leave, special leave granted by the General Assembly, accumulated compensatory leave, or leave without pay during time on days other than holidays when classes are not scheduled to be in session.

3.L.2 – Annual Leave

Amount earned: A full-time employee who is working or on paid leave for one-half or more of the regular scheduled workdays in any month earns annual leave. The rate at which leave is earned is based on the length of aggregate service. Aggregate service shall include on a month-to-month basis all full-time employment with the State whether such service was exempt from or subject to the Personnel Act. Credit shall be given for any State agency covered by the Teachers’ and State Employees’ Retirement System.

Years of Aggregate Service	Hours Earned Each Month	Hours Earned Each Year	Days Earned Each Year
Less than 5 years	9 hrs. 20 mins.	112	14
5 but less than 10 years	11 hrs. 20 mins	136	17
10 but less than 15 years	13 hrs. 20 mins.	160	20
15 but less than 20 years	15 hrs. 20 mins.	184	23
20 years or more	17 hrs. 20 mins.	208	26

Maximum accumulations: Annual leave may be accumulated without any maximum until June 30 of each year. On June 30, any annual leave in excess of 240 hours will be transferred to the employee’s sick leave account. Annual leave balances as of July 1 will not exceed 240 hours.

The President may advance annual leave not to exceed the amount an employee can earn in the time remaining in that fiscal year.

Scheduling annual leave

• Requests for annual leave must first be submitted for approval to the employee’s immediate supervisor who will forward the request through channels as appropriate. Annual leave shall be taken only when it will least interfere with the efficient operation of the College.
• Requests must be made as soon as possible in advance except in emergency situations.
  The minimum annual leave which may be taken at any one time shall not be less than one (1) hour, and leave must be taken in whole hours.

Annual Leave Transfer
New employees may transfer up to 80 hours of annual leave but no bonus leave from other state agencies upon initial employment at Vance-Granville Community College. Current employees when separating from VGCC may transfer leave to other state funded agencies based on the policies of the receiving institution or agency.

Payment of Annual Leave at Separation

Lump-sum payments for annual leave may be made at the time of separation to fulltime budgeted employees. An employee may be paid in lump sum for accumulated annual leave not to exceed a maximum of 240 hours when he/she is separated from VGCC service. Annual leave shall be granted to persons under Federal or other special contract, but there are no provisions for lump-sum payment of annual leave at termination.

Retirement deduction shall be made from all terminal leave payments. Receipt of lump-sum payment and retirement benefits shall not be considered as dual compensation. In the case of a deceased employee, payment for terminal leave must be made, upon establishment of a valid claim, to the deceased employee’s estate.

3.L.3 – Bonus Leave

From time to time, the State of North Carolina or the Vance-Granville Board of Trustees may grant bonus leave for College employees. Such leave will be governed by the specific provisions as outlined for the particular leave. Transfer of such leave will be at the discretion of the transferring agency and will not be paid out at the time of separation unless otherwise designated by the granting source.

3.L.4 – Sick Leave

Amount earned: A full-time employee who is working or on paid leave for one half or more of the regular scheduled workdays in any month earns sick leave. Full-time employees working less than 40 hours per week will earn leave on a prorated basis.

Schedule of Sick Leave Earned

Hours Earned Each Month	Hours Earned in 12 Months
8 Hours	96 Hours (12 days)

Accumulation: Sick leave is cumulative indefinitely

Advancement: The President may advance sick leave not to exceed the amount
an employee can earn in the time remaining in that fiscal year.

Verification of sick leave taken: The President, Vice-President, Dean, or Director, may require a physician’s certificate as to the nature of the illness and as to the employee’s physical capacity to resume his duties for each occasion on which an
employee uses sick leave. The division head shall be responsible for the application of this provision to the end that there will be no abuse of sick leave privileges.

Sick leave may be granted for:

• Personal illness or injury which prevents an employee from performing his usual duties.
• Illness of a member of the employee’s immediate family for a maximum of 30 days. Immediate family is defined as spouse, parents and children. Extension of sick leave for the above reasons beyond 30 days may be granted by the President upon written request.
• Death in the employee’s immediate family: Immediate family is defined as wife, husband, mother, father, guardian, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandmother, grandfather, grandson, granddaughter, stepmother, stepfather, great-grandmother, and great-grandfather. (Allowable sick leave is limited to three days.)
• Medical appointments
• Quarantine due to a contagious disease in the employee’s immediate family

Sick leave is non-transferable to any other type of leave.

Transferability of sick leave: An employee of Vance-Granville Community College who is transferring from a public school, community college, technical institute, or state agency and is covered by Teachers’ and State Employees’ Retirement System, may transfer accumulated sick leave to VGCC without limit. Sick leave will also be accepted if the prior state service was within five years of the employees hire date with Vance-Granville Community College.

Reinstatement of sick leave:

• Employees separated because of a reduction in force shall be credited with accrued sick leave if reinstated within one year.
• If an employee is separated for other reasons and is reinstated within one year from the date of his last workday, the Board of Trustees may authorize the President to grant credit for accrued sick leave.

Separation:

• Sick leave is not allowable in terminal leave payments when an employee separates from service.
• Should an employee be separated before he/she has earned all of the sick leave taken, it will be necessary to make deductions from his final salary check for overdrawn leave on an hour-for-hour basis

Notification: The immediate supervisor must be notified of an employee’s intention to take sick leave as soon as possible; at least one hour before the employee’s scheduled work hour.

Workers’ compensation: The foregoing provisions of sick leave shall not apply to employees injured by an accident arising out of or in the course of employment. The rules and regulations of the North Carolina Industrial Commission will be applicable to leave necessitated by worker’s compensation injuries.

Section 3.L.5 – Military Leave

In compliance with G.S. 127A-116, 1C SBCCC 400.97, pursuant to State Board of Community Colleges Code 1C SBCCC 400.97, 116 and the Uniformed Services Employment and Reemployment Rights Act of 1994, an employee who is a member of an armed forces reserve organization, National Guard, Naval Militia, Officers Reserve Corps, Enlisted Reserve Corps or Naval Reserve, shall be granted leave of absence with pay for field or coast training. No agent or employee of the college shall discriminate against any employee of the college or applicant for employment at the college because of their membership, application for membership, performance of service, application for service or obligation for service in Uniformed Services. Part-time employees are not eligible for military leave benefits but are covered under the reinstatement regulations.

Section 3.L.6 – Civil Leave

Full-time employees called for jury duty or as a witness for the Federal or State governments, or a subdivision thereof, shall be entitled to leave with pay for such duty during the required absence. Employees will not be charged annual leave, and may keep all fees received for jury duty in addition to regular compensation.

Section 3.L.7 – Educational Leave

In accordance with State Board of Community College Code 1C SBCCC 400.96, the VGCC Board of Trustees provides the following educational leave policy for employees:

Full-time employees of the College may be eligible for educational leave to pursue additional education related to the performance of their job duties. Educational leave may be granted with or without pay. An employee may be eligible for educational leave with pay after 3 years of continuous employment. Educational leave with pay may be granted under the following conditions: the educational leave must not exceed one semester and the employee must remain under contract to the College for the duration of the contract year. An employee who fails to fulfill the employment contract condition 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 will be based on a pro-rata portion.

Procedures

• Employees should discuss educational leave requests with their supervisors and obtain supervisor support in pursuing additional education.
• Employees should submit a written request to the President for educational leave. The written request should indicate whether the request is for leave with or without pay, the degree or credential pursued, the time or other commitments required, how the education would benefit the performance of the employee’s job or work for Vance Granville, and any additional information that would be helpful in making the determination.
• The written request should be submitted to the President’s Office at least 90 days prior to the date of the requested leave.
• The date of decision may vary according to budget session, board of trustees meetings, and other College obligations. Once the request is received, the employee will be notified of a date to expect a determination.

Section 3.L.8 – Compensatory Leave and Overtime

VGCC classifies employees as “exempt” or “non-exempt” from regulations regarding overtime pay in accordance with the United States Fair Labor Standards Act (FLSA). For purposes of measuring hours worked in a workweek, the workweek is the 7-day period from Monday through Sunday. When a given workweek exceeds 40 hours, compensatory leave will be granted for “non-exempt” employees.

Compensatory leave is not applicable to “exempt” employees. Employees classified as “non-exempt” shall submit monthly record of hours worked, annual leave used, and sick leave used to the Human Resources Office.

Instructional, administrative and supervisory employees, classified as exempt, have been employed with the understanding that they will devote whatever time is necessary to assure that their duties are efficiently and effectively performed and are not entitled to compensatory leave. In accordance with the Fair Labor Standards Act (FLSA), employees classified as non-exempt will be granted compensatory time in lieu of overtime pay. Every effort should be made to take time off on an hour-for-hour basis during the same workweek. When this is not possible, and a given workweek exceeds 40 hours, time must be accrued at the rate of one and one-half hours for each hour of overtime. The maximum number of compensatory hours that a non-exempt employee may accrue is 240 hours. All employees who are entitled to receive compensatory leave must complete a monthly time sheet. In no case shall compensatory leave be earned or taken without prior approval of the individual’s immediate supervisor. Non-exempt employees must use earned compensatory hours prior to taking annual or sick leave.

Section 3.L.9 – Family Medical Leave Act

The Family and Medical Leave Act of 1993 as amended January 2008: Effective August 1, 1993, the Family and Medical Leave Act requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth
• To care for the employee’s child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee’s job.

The Family and Medical Leave Act of 1993 was amended January 2008 to include Military Family Leave Entitlements. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangement, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or in on the temporary disability retired list.

FMLA Definitions:

• Serious Health Condition – A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period on incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
• 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.
• 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.
• Covered Service Member for Military Caregiver Leave – A covered service member is a member of the Armed Forces, including the National Guard or Reserves who, as a result of a serious injury or illness sustained while on active duty in support of a contingency operation, is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list.
• Covered Service Member for Exigency Leave – An employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves who is on active duty or has been called to active duty in support of a contingency operation.
• Active Duty or Call to Active Duty for Exigency Leave – A call or order to active duty (or notification of an impending call or order to active duty) of a member of the National Guard or Reserves in support of a contingency operation.
• Contingency Operation – A call or order to, or retention on, active duty of service members during a war or during a national emergency declared by the President or Congress

Eligibility Requirements:

Employees who have worked for the College one year, for 1,250 hours over the previous twelve months are entitled to twelve workweeks of unpaid leave during a “rolling” 12-month perio dmeasured backward from the date of any FMLA leave usage.

Use of Leave:

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Benefits:

The employee shall be reinstated to the same position held when the leave began or one with the same pay, benefits and other conditions of employment. The College shall maintain coverage for the employee under the State’s group health plan for the duration of the leave at the level and under the conditions coverage would have been provided.

Substitution of Paid Leave for Unpaid Leave

Vance-Granville Community College requires employees to use accrued paid leave while taking FMLA leave. It is the college policy that sick leave will be used first followed by annual leave and bonus leave. Compensatory Time and FMLA: Non-exempt employees as defined by the Fair Labor Standards Act must use compensatory leave prior to the commencement of FMLA leave.

Employee Responsibilities:

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the normal call-in procedures. Employees must provide sufficient information for the College to determine if the leave qualifies for FMLA protection and the anticipated timing and duration of the leave. Employees also may be required to provide certification and periodic recertification supporting the need for leave.

Employer Responsibilities

The Human Resources Office will determine if theleave requested is for a FMLA qualifying reason and designate the leave, whether paid or unpaid, as FMLA leave. If the employee is not eligible for FMLA leave, the employee will be notified of at least one reason why they are not eligible for FMLA leave.

Return to Work from FMLA Leave:

The employee must provide certification from their healthcare provider that they are able to return to work. The certification must be submitted to Human Resources on or before the return to work date.

Short Term Disability and FMLA:

FMLA will run concurrent with Short Term Disability benefits through the Disability Income Plan of the North Carolina Retirement System.

Workers’ Compensation Leave and FMLA:

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.

Section 3.L.10 – Administrative Leave

The President has the authority to grant absences for situations, which are not covered by other types of leave. For instance, in the case of an unforeseen emergency when the College must be closed, the President has the option of granting administrative leave to employees.

Section 3.L.11 – Leave Without Pay

Leave without pay may be granted to a full-time employee:

1. For educational purposes, which will better equip the employee for the performance of his duties and responsibilities.
2. To do special work for local, state, or national governments in cases of emergency.
3. For vacation purposes.
4. For illness when sick leave has been exhausted.
5. For other reasons deemed justified by the immediate supervisor.

Leave without pay can be granted for a period of six (6) months, renewal upon written request for additional periods, a maximum of twelve (12) months. This leave cannot exceed a total of twelve (12) months.

All pay for salaried employees is based on the number of calendar workdays in the month. Any leave without pay begins with the first day of absence and continues until the first day that the employee returns to work.

Involuntary Leave Without Pay

During times of financial exigency, the President, with the approval of the Board of Trustees, may require some or all employees to take leave without pay, also called a furlough. An employee may not take or use any form of paid leave during involuntary leave without pay under this policy. All state-mandated benefits shall continue to accrue during any period of leave without pay.

Voluntary Leave Without Pay

During times of financial exigency, the President, with the approval of the Board of Trustees, may implement a voluntary leave without pay/furlough program. In the event that a voluntary leave without pay/furlough program is authorized by the Board, the President shall develop and publish program guidelines that will ensure the efficient operation of the College and the fair treatment of employees.

Procedures:

Any leave without pay must be requested 60 days in advance of the leave, in writing and approved by the immediate supervisor, the appropriate Vice-President and the President. Final approval would be required by the Board of Trustees for extended leave beyond thirty days.

Section 3.L.12. – Voluntary Shared Leave

Employees may share leave as set out in the State’s Voluntary Shared Leave Program for Community College Employees and defined in The North Carolina State Board of Community Colleges Code 1C SBCCC 200.94.

Procedures

Full-time employees may request voluntary shared leave due to 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 of at least twenty (20) days.

An employee may begin using voluntary shared leave after all available sick, annual, and bonus leave has been exhausted. A prospective recipient shall apply or be nominated by a fellow employee to participate in the program by completing the Application to Receive Voluntary Shared Leave.

A recipient may receive 1,040 hours of voluntary shared leave which may be a combination of sick, annual, and bonus leave. The combined total of sick leave donated from nonfamily members shall not exceed 20 days (160 hours) per year.

In order to donate voluntary shared leave, an employee must, at the time of donation:

1. be an active employee (not separated);
2. be in a position that earns leave; and
3. have sufficient leave balances

An employee of any agency, public school system, or community college may donate sick, annual, or bonus leave to another immediate family member in any agency, public school or community college.

An employee may donate the following leave to a non-family member:

1. An employee may donate annual or bonus leave to another employee in any State agency.
2. An employee may donate annual or bonus leave to a coworker’s immediate family who is an employee in a public school or a community college.
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/40 hours of sick leave per year to any one nonfamily member;
   • The combined total of sick leave donated to a recipient from nonfamily member donors shall not exceed 20 days/160 hours per year;
   • Donated sick leave shall not be used for retirement purposes.
   • Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.

State Retirement Credit Consequences:

At retirement a member of the Teachers and State Employees Retirement System, (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.

Amount of Leave that may be Donated:

• A minimum of 4 hours of sick, annual, or bonus leave may be donated.
• The maximum amount of annual 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 annual leave balance below one-half of the annual leave accrual rate.
• Bonus Leave may be donated without limitations.
• 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. Any additional used donated leave shall be returned on a prorated basis and credited back to the donors.

Vance-Granville Community College will share the name of the employee requesting voluntary shared leave and will not disclose any information on the medical condition. The name of employees who donate leave shall be kept confidential by Human Resources. Only individual employees may reveal their donation of voluntary shared leave.

Section 3.L.13 – Community Service Leave

Vance-Granville Community College 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 sixteen hours of paid leave shall be credited to each employee on July 1 of each year. New employees shall be credited with leave immediately upon their employment, prorated monthly for the remainder of the fiscal year.

Noncumulative

Leave not taken is forfeited; it shall not be carried into the next fiscal year.

Separation

Employees shall not be paid for community service leave upon separation.

Records

Supervisors who approve such leave shall maintain records indicating the employee involved and the number of hours used each fiscal year. A copy of each approved Request for Community Service Leave form must be forwarded to Human Resources.

Covered Employees and Available Leave

With approval of the supervisor, an employee is eligible for Community Service Leave as follows:

• Full-time – 16 hours/year July 1 – June 30. Leave must be recorded in no less than 1 hour increments. The sixteen hours (16) of paid leave shall be available to each employee on July 1 of each year. New employees shall have access to this leave immediately upon their employment.

Definitions used in this policy are as follows:

Charitable organizations mean IRS 501(c)(3) agencies 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.

Religious organizations may be designated as 501(c)(3) organizations; however, all services provided for a religious organization might not meet the intent of the policy.

Procedures

Employees must complete the Request for Community Service Leave form and attach appropriate documentation. Prior approval from their Director/Dean and Vice President must be received at least two business days in advance of the requested leave. The supervisor may require that the leave be taken at a time other than the one requested, based on the needs of the College. The College may require acceptable proof that leave taken is within the purpose of this policy.

Section 3.L.14 – Personal Observance Leave

Vance-Granville Community College chooses to adopt the Governor’s Executive Order No. 262 providing a day of fully paid leave to eligible employees for personal observance of a day of significance to them.

The State of North Carolina strives to be an employer of choice, including recruiting and retaining a diverse workforce and creating an inclusive environment. The State employs a robust and diverse workforce, reflecting the multiple cultural and religious communities of our State. Because of the diversity of State employees, there are many different days of cultural or religious significance in our workforce. Moreover, some employees may have days of personal significance that are their own, outside of any cultural or religious tradition. As a “participating agency”, Vance-Granville Community College joins this Policy seeking to ensure that employees have an opportunity to observe these days of personal, cultural, or religious importance.

Covered Employees

Full-time employees will receive a single day (eight hours) of Personal Observance Leave each fiscal year (July 1 – June 30).

Use of Leave

Personal Observance Leave must be taken in a single eight-hour day. Personal Observance Leave may be used for any single day of personal significance. This includes, but is not limited to, days of cultural or religious importance. Personal Observance Leave does not have to be a day from the employee’s own religious or cultural background.

Noncumulative

The eight hours of paid leave shall be credited to each employee on July 1 of each year. New employees shall be credited with leave immediately upon their employment for the remainder of the fiscal year

Separation

Employees shall not be paid for Personal Observance Leave upon separation or converted into sick leave.

Other Limitations

• Personal Observance Leave has no cash value and cannot be converted into retirement credit. This leave shall not be payable upon death of an employee during state service.
• Personal Observance Leave shall not be applied to existing negative leave balances. This leave shall not be donated under the Voluntary Shared Leave policy.
• This leave may not be used for the same purposes as sick leave.

Procedures

Employees are to document this leave on their time sheet per Human Resources/Payroll guidelines. Prior approval for this leave is required.Employees should request Personal Observance Leave at least two weeks before the leave is needed unless such notice is impractical. Regardless of the employee’s religious or cultural background, any day that the employee identifies as significant for cultural, religious, or personal reasons qualifies under this Executive Order and the Policy. The College must not question whether an employee’s identification of a particular day for Personal Observance Leave is sincere and legitimate. The College should, to the greatest extent possible, allow employees to use the leave at the time requested. However, the supervisor or other manager may require that the Personal Observance Leave be taken at a time other than the one requested, based on the needs of the College department or division. Supervisors are encouraged to accommodate employees who may want to recognize the same day for Personal Observance Leave. However, when necessary to avoid impact to agency services, supervisors may ask employees to take their leave on different days