4.27 Voluntary Shared Leave Policy - Updated 6/19/17

See version history

I. Rule

The Board of Trustees intends that the employees of Central Piedmont Community College engage in voluntary shared leave as specified by North Carolina General Statutes 115D-25.3.

II. Policy

The Voluntary Shared Leave Program is to allow an employee to donate leave, as allowed by Rule, to an employee who has been approved to receive leave through the Voluntary Shared Leave Program because of a medical condition of the employee or a member of the employee’s immediate family that will require the employee’s absence for a prolonged period of time.

III. Definitions

For purposes of this policy:

A. Voluntary Shared Leave Program: a program that allows an employee to donate leave, as allowed by North Carolina General Statutes 115D-25.3, to an employee who has been approved to receive shared leave because of a medical condition of the employee or a member of the employee’s immediate family that will require the employee’s absence for a prolonged period of time.

B. Prolonged medical condition: means a medical condition of an employee or an employee's immediate family member that is likely to require an employee's absence from duty for a prolonged period of at least twenty consecutive workdays. If the employee has had previous random absences for the same or a different condition within the previous twelve months, an exception to the twenty-day period may be made. Human Resources will review each case and make a decision based on conformity to policy intent. If an employee has had previous absences for the same condition that has caused the employee to not have enough leave to cover the new need for leave or if the employee has had a previous but different prolonged medical condition within the last twelve (12) months, the College may waive the requirement that the employee be absent from duty for a period of twenty consecutive workdays to participate in the program.

C. Non-qualifying conditions: apply to short-term or sporadic conditions or illnesses that are common, expected, or anticipated as determined by the College President (or designee). Examples would include, but are not limited to such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term medical or therapeutic treatments.

D. Immediate family member means:

1. Spouse: A husband or wife;

2. Parent:

a. a biological or adoptive parent; or

b. 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; or

c. a step-parent; or

d. in-law relationships;

3. Child: A son or daughter who is:

a. a biological child; or

b. an adopted child; or

c. a foster child (a child for whom the employee performs the duties of a parent as if it were the employee's child); or

d. a step-child (a child of the employee’s spouse from a former marriage): or

e. a legal ward (a minor child placed by the court under the care of a guardian); or

f. a child of an employee standing in loco parentis; or

g. in-law relationships;

4. Sister or brother: biological, adoptive (including step-, half- or in-law relationships);

5. Grandparents, great grandparents, grandchildren, great grandchildren (including step relationships); and

6. Other dependents living in the employee’s household.

E. Co-worker means that the employee donating the leave is employed by the same agency, department, institution, university, local school administrative unit, or community college as the employee whose co-worker or immediate family member is receiving the leave.

IV. General Leave Guidelines

A. Leave must be voluntarily "donated" to a specifically-named individual.

B. Any coercion of an employee to contribute time to or receive time from this account is expressly forbidden, and any such action by an employee upon another employee shall be grounds for disciplinary action up to and including dismissal on the basis of personal conduct.

V. Recipient Guidelines

A. A prospective recipient may make application or be nominated for voluntary shared leave at such time as medical evidence is available to support the need for leave beyond the employee's available accumulated leave.

B. The maximum number of hours an employee may receive in any consecutive twelve-month period is 1,040 hours. This benefit shall be granted to all employees on a month-by-month basis by management either continuously, or if for the same condition, on a recurring basis, month-by-month, for a maximum of 2,080 hours, if management would have otherwise granted leave without pay.

C. An employee may begin using voluntary shared leave after all available sick, vacation, and bonus leave has been exhausted. While using voluntary shared leave, the employee continues to earn leave; when accounting for leave, this vacation and sick leave should be used first.

D. An employee who has a medical condition and who receives benefits from the Disability Income Plan of North Carolina (DIPNC) or the CPCC Short-Term Disability Plan held for its employees is not eligible to participate in the voluntary shared leave program. However, voluntary shared leave may be used during the required waiting period for short-term disability.

E. An employee on Workers' Compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program, but would be limited to use according to the supplemental leave schedule issued by the North Carolina Office of State Personnel.

F. This shared leave shall be counted toward the recipient employee's Family and Medical Leave Act (FMLA) benefit.

G. Recipients of voluntary shared leave shall not have access to information about individuals who donated leave.

VI. Donor Guidelines

A. Community college workers may voluntarily share vacation or bonus leave with a co-worker's immediate family member who is an employee of a community college, public school, or state agency, provided that the employee and coworker are at the same College.

B. An employee of CPCC may voluntarily share vacation, bonus, or sick leave with another employee at a community college.

C. An employee of a community college may donate up to five (5) days of sick leave to a non-immediate family member employee of a community college. The combined total of sick leave donated to a recipient from non-immediate family member donors shall not exceed twenty (20) days 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.

D. A prospective donor must complete an application to donate voluntary shared leave.

E. The minimum amount of time sick leave or vacation leave that may be donated is four (4) hours. An employee family member donating sick leave to a qualified immediate family member under the Voluntary Shared Leave Program may donate up to a maximum of 1,040 hours but may not reduce the sick leave account below forty (40) hours.

F. Donors under this program may donate up to a maximum of the amount of the individual’s annual accrual rate. However, the amount donated shall 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 this limitation.

G. The donation of leave is confidential, and only those individuals authorized under law shall have access to this information.

H. Donors shall not receive remuneration for the leave donated.

VII. Leave Accounting Procedures

A. Leave may be donated to a specific individual for the duration of the extended leave so as to allow the recipient's leave account to be periodically "refreshed" up to the maximum 1,040 hours as previously stated in Section V.B.

B. All leave donated shall be credited to the recipient's sick leave account. Voluntary shared leave available in the recipient's sick leave account will be charged according to 4.17 Sick Leave Policy.

C. Leave transferred under this program will be available for use on a current basis - or may be retroactive for up to sixty (60) calendar days to substitute for advanced vacation or sick leave already granted to the recipient or to substitute for leave without pay. Donated leave shall be applied to advanced leave before applying it to leave without pay.

D. Each approved medical condition shall stand alone, and donated leave not used for each approved incident shall be treated as follows:

1. The recipient’s vacation and sick leave account balance shall not exceed a combined total of forty (40) hours.

2. Any additional unused donated leave shall be returned to active (working or on leave without pay) donor(s) on a pro rata basis and credited to the leave account from which it was donated.

      E. When a recipient is able to return to work but may still need to take intermittent leave for the same medical condition, any unused donated leave in the recipient's donated leave account in excess of 40 hours shall be returned to the donor(s). The donated leave will be credited to the leave account from which it was donated on a pro rata basis. Fractions of an hour shall not be returned to an individual donor.

      F. If a recipient separates from the College or provides notice of intent to separate due to resignation, death, or retirement from state government, participation in the program ends. Donated leave shall be returned to donor(s) on a pro rata basis.

      Changes approved by Cabinet on November 28, 2005; January 8, 2007; November 23, 2009; June 19, 2017