Beaufort County Community College Policy & Procedure Manual Section III Personnel Policies 1|Page Revised 8/24/15 [This page intentionally left blank.] 2|Page Revised 8/24/15 The policies and procedures in this manual have been included to help you understand the operations of the College. It is to be used as a guide to help us achieve the College’s overarching mission and goals. Questions or concerns about any portion should be brought to the attention of your immediate supervisor. The policies and procedures herein are consistent with the North Carolina General Statutes (Chapter 115D), the State Board of Community Colleges, and the Beaufort County Community College Board of Trustees. The Beaufort County Community College Policy & Procedure Manual should be used in association with other College publications for complete operating procedures and information. This Policy & Procedure Manual is subject to change. The official copy of the Policy & Procedure Manual will be the electronic version located on the College’s website. Sincerely, Barbara Tansey, Ph.D. President 3|Page Revised 8/24/15 Contents Beaufort County Community College .............................................................................. 1 Personnel Policies & Procedures .................................................................................... 6 1. Affordable Care Act Policy ..................................................................................... 6 2. Affordable Care Act Procedures ............................................................................ 6 3. Bereavement Procedure ..................................................................................... 16 4. Communicable Disease Policy ............................................................................ 16 5. Conflict of Interest ............................................................................................... 17 6. Contact Directory................................................................................................. 17 7. Desktop Banner Requests and Campus Monitor Requests Procedures ............. 17 8. Direct Deposit ...................................................................................................... 18 9. Drug-Free Workplace Policy ............................................................................... 18 10. Employee Classifications Policy .......................................................................... 19 11. Employment Policy .............................................................................................. 21 12. Furlough Policy.................................................................................................... 21 13. Evaluations .......................................................................................................... 22 14. Faculty Workload Policy ...................................................................................... 22 15. Grievance Policy ................................................................................................. 23 16. Holiday Policy ...................................................................................................... 25 17. Insurance Policy .................................................................................................. 25 18. Job Descriptions Policy ....................................................................................... 26 19. Leave Policies ..................................................................................................... 26 A. Absence Reports - Procedure ....................................................................... 26 B. Academic Calendar Planning Procedure ...................................................... 26 C. Annual Leave Policy ..................................................................................... 28 D. Annual Leave Blackout Procedure ................................................................ 30 E. Bonus Leave ................................................................................................. 30 F. Civil Leave ..................................................................................................... 31 G. Community Service/Child Involvement Leave Policy ..................................... 31 H. Compensatory Leave Policy ......................................................................... 33 I. Educational Leave with Pay Policy ................................................................ 34 J. Family and Medical Leave Policy................................................................... 34 K. Funeral Leave ............................................................................................... 43 L. Furlough Leave.............................................................................................. 43 M. Leave Without Pay ....................................................................................... 43 N. Maternity Leave ............................................................................................ 44 O. Military Leave Policy ..................................................................................... 45 P. Personal Leave Policy ................................................................................... 52 Q. Sick Leave .................................................................................................... 53 R. Voluntary Shared Leave Program Policy ...................................................... 54 S. Working Hours .............................................................................................. 57 20. Length of Employment ........................................................................................ 57 21. Longevity Pay for College Personnel .................................................................. 57 4|Page Revised 8/24/15 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Medical Emergency Procedures.......................................................................... 58 Nepotism ............................................................................................................. 59 Pay Dates ............................................................................................................ 60 Personnel Actions Policy ..................................................................................... 60 Personnel Files.................................................................................................... 64 Political Activities of College Employees ............................................................. 66 Professional Development .................................................................................. 67 Professionalism ................................................................................................... 70 Qualifications ....................................................................................................... 70 Reduction in Force Policy .................................................................................... 70 Resignations Policy ............................................................................................. 73 Salaries ............................................................................................................... 74 Separation Date Policy – new policy ................................................................... 77 Secondary Employment ...................................................................................... 77 Sexual & Other Unlawful Harassment ................................................................. 79 Tenure ................................................................................................................. 82 Time Sheets ........................................................................................................ 82 Tuition Reimbursement ....................................................................................... 82 Whistle-Blower .................................................................................................... 82 Worker’s Compensation Policy ........................................................................... 84 5|Page Revised 8/24/15 Personnel Policies & Procedures 1. Affordable Care Act Policy BCCC recognizes and values the knowledge and skills provided by adjunct faculty, staff and student employees. Each employee brings unique experiences and community, business and industry connections which enhance BCCC’s educational environment. Employees who serve BCCC with 30 hours or more on average per week are eligible for health benefits. Any adjunct faculty, staff, or student employee working a continuous thirty hour workload per week based on their specific job category, as listed in the BCCC Affordable Care Act Procedures, will be offered the opportunity to enroll in the NC State Health Insurance as mandated under the Affordable Care Act. Employees considered full time or the equivalent have the option to waive the opportunity of receiving health benefits by signing a waiver form and submitting to the Human Resources (HR) Department on an annual basis. Board Approved 02/03/15 2. Affordable Care Act Procedures I. Definitions: a. Service hours: Each hour for which an employee is credited for the performance of services and, if applicable, hours for which an employee is entitled to payment during which no duties are performed due to paid leave, such as vacation, holiday, disability, jury duty, military leave or leave of absence. b. Standard/Initial Measurement period: The period of time for which an employee’s hours are recorded and measured to determine average hours worked. This period can be 3 months but no more than 12 months from the date of hire or from the first of the month following the date of hire. c. Administrative period: The time after the Standard/Initial Measurement Period that it takes to enroll an eligible employee in the health plan. This period can be no more than 90 days, and combined with the Measurement Period cannot exceed 13 months from the date of hire. d. Stability period: The period of time after the Administrative Period for which health benefits are provided to eligible employees. This period can be 6 months but not more than 12 months, and cannot be shorter than the Measurement Period and cannot be longer than the Measurement period plus 1 month. e. Break in service: A period of time for which an employee does not work. f. Workload formula: Workload formula recognizes teaching and service contributions of all curriculum faculty members and non-credit instructors 6|Page Revised 8/24/15 and helps ensure equity in workload assignments. The formula is based on contact hours and includes classroom instruction time, time spent on advising students, class preparation work, course development, office hours, committee work, and other duties as assigned or required by the college. g. Credit bearing courses: Curriculum courses for which credit hours are earned and can be applied to degrees, diplomas, and certificates at the community college. h. Non-credit bearing classes: Classes that provide lifelong learning opportunities for personal enrichment and career building, such as Basic Skills (College and Career Readiness), Community Education, Business Development and Workforce Training, for which curriculum academic credit is not earned. Prep-time is typically lower than that required for creditbearing courses. i. Seasonal Employee: An employee who is employed on a temporary basis for a defined season, such as registration or grounds keeping. j. Independent Contract Employee: An individual who is contracted to perform a service for the college for which there is no employer/employee relationship; the college has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to SelfEmployment Tax. k. Temporary agency employee: An employee assigned to work at the college through a staffing firm. II. BCCC Employment Structure: a. Full-Time Permanent Curriculum Faculty: An employee whose primary work is instruction in credit-bearing courses who works an average of at least 30 service hours per week or 130 service hours per month and is employed on an annual basis of 9 months or more with the reasonable expectation of recurring employment. b. Full-Time Temporary Curriculum Faculty: An employee whose primary work is instruction in credit-bearing courses who works an average of at least 30 service hours per week or 130 service hours per month and is employed with a course-based contract for 9 months or less with no expectation of recurring employment. c. Adjunct (Part-Time Temporary) Curriculum Faculty: An employee whose primary work is instruction in credit-bearing courses who works less than 30 service hours and is employed with a course-based contract per academic term with no expectation of recurring employment outside of the contracted hours. d. Full-Time Permanent Instructors: An employee whose primary work is instruction in non-credit bearing classes who works an average of at least 7|Page Revised 8/24/15 e. f. g. h. i. j. 8|Page 30 service hours per week or 130 service hours per month and is employed on an annual contract of 9 months or more with the reasonable expectation of continuing employment. Full-Time Temporary Instructors: An employee whose primary work is instruction in non-credit bearing classes who works an average of at least 30 service hours per week or 130 hours per month and is employed on a class-based contract for 9 months or less with no expectation of recurring employment. Part-Time Temporary Instructors: An employee whose primary work is instruction in non-credit bearing classes who works less than 30 service hours per week or 130 service hours per month and is employed on a per class basis with no expectation of recurring employment outside of the contracted hours. Full-Time Permanent Staff: An employee whose primary work is other than instruction who works at least 30 hours per week and is employed at will or on an annual contract basis with the expectation of recurring employment. Part-Time Permanent Staff: An employee whose primary work is other than instruction who works between 20-29 hours per week and is employed at will or on an annual or semester contract with the expectation of recurring employment. Full-Time Temporary Staff: An employee whose primary work is other than instruction who works at least 30 hours per week or 130 hours per month for a period of time, not to exceed 12 months, with no expectation of recurring employment. Part-Time Temporary Staff: An employee whose primary work is other than instruction who works less than 30 hours per week for a period of time, not to exceed 12 months, with no expectation of recurring employment. Revised 8/24/15 III. Health Plan Coverage Eligibility by Employment Category: a. Full-Time Permanent Curriculum Faculty will be offered coverage at the time of hire. b. Full-Time Temporary Faculty employed for more than 3 months will be offered coverage within 3 months of hire. c. Adjunct (Part-Time Temporary) Curriculum Faculty will only be offered coverage at the start of the Stability Period if the employee averages more than 30 hours per week or 130 hours per month during the Standard/Initial Measurement Period and is still employed during the next Stability Period. d. Full-Time Permanent Instructors will be offered coverage at time of hire. e. Full-Time Temporary Instructors employed for more than 3 months will be offered coverage within 3 months of hire. f. Part-Time temporary instructors will only be offered coverage at the start of the Stability Period if the employee averages more than 30 hours per week or 130 hours per month during the Standard/Initial Measurement Period and is still employed during the next Stability Period. g. Full-Time Permanent Staff will be offered coverage at time of hire. h. Part-Time Permanent Staff may participate in the health plan by paying the entire cost of coverage. i. Full-time Temporary Staff employed for more than 3 months will be offered coverage within 3 months of hire. j. Part-Time Temporary Staff will only be offered coverage at the start of the Stability Period if the employee averages more than 30 hours per week or 130 hours per month during the Standard/Initial Measurement Period and is still employed during the next Stability Period. k. Employees hired through a temporary agency may be eligible for coverage through the temporary agency but will not be offered coverage by the College. l. Independent contractors will not be offered coverage by the College. 9|Page Revised 8/24/15 Employment Category/Appointment Eligibility Trigger Type A Full Time Permanent Curriculum Hire Faculty B Full Time Temporary Faculty Employed more than 3 months C Adjunct (Part-Time Temporary ) Averages more Curriculum Faculty than 30 hours per week or 130 hours per month during Measurement period D Full Time Permanent Instructor Hire E Full Time Temporary Instructor Employed more than 3 months F Part Time Temporary Instructor Averages more than 30 hours per week or 130 hours per month during Measurement period G Full Time Permanent Staff Hire H Part Time Permanent Staff Hire I Full Time Temporary Staff J Part Time Temporary Staff K Temporary Agency Staff L Independent Contractor 10 | P a g e Eligibility Point Time of Hire Within 3 months of hire Subsequent Stability Period assuming continued employment Time of Hire Within 3 months of hire Subsequent Stability Period assuming continued employment Time of Hire Eligible at hire but must pay full cost of coverage Employed more Within 3 months of than 3 months hire Averages more Subsequent than 30 hours per Stability Period week assuming continued employment May be eligible for coverage through the temporary agency No coverage eligibility Revised 8/24/15 IV. V. Measurement Period: a. The initial measurement period for new employees will begin on the first calendar month after employment. b. The standard measurement Period for existing employees begins on November 1st and ends on October 31st annually. Administrative Period: a. Administrative period for new employees is 60 days. b. Administrative period for existing employees is 60 days. VI. Stability Period: a. Stability period for new employees is 12 months and begins on the first calendar month after eligible employment. After the first 12 months these employees will follow the stability period for existing employees. b. Stability period for existing employees begins January 1st and ends December 31st annually. c. Employment hours will be monitored by reviewing monthly payroll information for the previous month. d. If an employee fails to maintain full time status during the stability period the employee will lose coverage eligibility at the end of the stability period. VII. Define established breaks in service: a. The current established breaks in service for the college are outlined on the Academic Calendar published annually for the next two years. These scheduled breaks will not be held against the employee when calculating hours worked. b. Define how these breaks in service impact the Measurement Period for each employment category. VIII. Breaks in Service - New Hire vs. Ongoing Employee: a. Non-established breaks are those breaks not defined in VII above. b. If an employee has a break in service which is less than 4 weeks, it is not considered an “employment break period.” The employee is treated as “ongoing” and will continue with the same measurement and stability period that the employee originally started with. c. If an employee has a break of service of between 4 and 26 weeks and the break in service is longer than the period of previous employment, the employee is treated as a new hire and will start over with a new Measurement Period. d. If an employee has a break in service of between 4 and 26 weeks and the break in service is shorter than the period of previous employment, the employee is treated as an on-going employee. The measurement and stability period that would have applied to the employee had the employee 11 | P a g e Revised 8/24/15 not had an employment break would continue to apply upon the employee's resumption of service. e. If the break in service is longer than 26 weeks, the employee is treated as a rehire / new hire and will start over with a new Measurement Period. f. If the break in service is shorter than 26 weeks, the employee is treated as an ongoing employee and will continue with the same measurement period and stability period that they originally started with. IX. Curriculum Adjunct Faculty Workload Hour Calculations: a. Adjuncts may teach a maximum of 14 contact hours and with a maximum of 29 workload hours per week. This includes all service to the college. (Such as planning and grading coursework). Payment will be based on course contact hours. b. Total contact hours include classroom/labs and service/preparation hours worked by the employee. c. The maximum workload will be calculated at: Lecture: 2 workload to 1 contact Lab (clinical): 2 workload to 1 contact Maximum workload (Affordable Care Act) hours is 29. Calculation of workload (ACA) hours: Lecture hours at a 2 to 1 ratio—1 lecture hour = 2 workload hours Lab/clinical hours at a 2 to 1 ratio—1 lab/clinical hour = 2 workload hour Example: 3 credit hour/3 lecture hour course = 6 workload (ACA) hours 3 credit hour/2 lecture and 2 lab/clinical = 8 workload (ACA) hours 5 credit hour/2 lecture and 6 lab = 16 workload (ACA) hours 6 credit hour/2 lecture and 12 lab = 28 workload (ACA) hours d. Adjunct faculty must verify with the hiring official that they are not working in any other areas of the college or e. If an adjunct is working for two areas of the College, both unit VP’s must document approval PRIOR to employment in each area. This documentation must be initiated by the supervisor and attached to the signed contract. VP approval must be attached to each contract. f. The contract provides an area for disclosure of working in other areas of the College. g. Each supervisor must track the hours worked by all part time employees in his/her area weekly. The supervisor must coordinate with supervisors in other areas, if necessary, to ensure that each part time individual has no more than 29 total workload hours worked at BCCC each week. 12 | P a g e Revised 8/24/15 h. Failure to comply with any part of this procedure may result in a disciplinary action or termination. X. Non-Curriculum Instructors Workload Hour Calculations: a. Instructors hired by BCCC Continuing Education unit may work a total of 29 workload hours per week. This includes all service to the college. (Such as planning and grading coursework). Payment will be based on course contact hours. b. The total of 29 workload hours includes all hours worked by the employee regardless of the unit served (in Continuing Education and regular curriculum if applicable). c. The maximum workload will be calculated at: Lecture: 1.25 workload to 1 contact Enrichment / Lab: 1.25 workload to 1 contact Maximum workload (Affordable Care Act) hours is 29. Calculation of workload (ACA) hours: Lecture hours at a 1.25 to 1 ratio—1 lecture hour = 1.25 workload hours Enrichment / Lab hours at a 1.25 to 1 ratio—1 enrichment / lab / clinical hour = 1.25 workload hour Example: 3 lecture hour course = 3.75 workload (ACA) hours 2 lecture and 2 lab/clinical = 5.0 workload (ACA) hours 2 lecture and 6 lab/clinical = 10.0 workload (ACA) hours 2 lecture and 12 lab/clinical = 17.5 workload (ACA) hours 3 enrichment hour class = 3.75 workload (ACA) hours d. Part time Continuing Education instructors are required to notify and obtain approval from each supervisor when they work in other areas at the College. e. If a part time employee is working for two areas of the college, both unit VP’s must sign off on his contract PRIOR to employment in each area. This documentation must be initiated by the supervisor and attached to the signed contract. f. Each supervisor must track the hours worked by all part time employees in his/her area weekly. The supervisor must coordinate with supervisors in other areas, if necessary to ensure that each part time individual has no more than 29 total workload hours worked at BCCC each week. g. At the conclusion of each Continuing Education class, the instructor must turn in a signed and dated attendance sheet with the student names to the appropriate supervisor/coordinator. h. Failure to comply with any part of this procedure may result in a disciplinary action or termination. 13 | P a g e Revised 8/24/15 XI. Staff Employees Service Hour Calculations: a. Individuals hired to work 29 hours a week or less, or to work part-time to support any area of the college in a capacity other than instruction are considered hourly (non-exempt) employees. b. Hourly employees may only work a total of 29 hours per week if hired on a part time basis (documented by timesheet). This includes all hours worked by the employee regardless of the unit served. c. Part time personnel are required to notify and obtain approval from each supervisor when they work in any other area of the College. d. If a part time employee is working for two areas of the college, both unit VP’s must document approval PRIOR to employment in each area. This documentation can occur via email and must be initiated by the supervisor. (This approval should be placed in the employee’s personnel file). e. Each supervisor must track the hours worked by all part time employees in his/her area weekly. The supervisor must coordinate with supervisors in other areas, if necessary, to ensure that each part time individual has no more than 29 total hours worked/served at BCCC each week. f. Part time personnel must complete a monthly time record and submit to each supervisor for approval as directed by the supervisor. The employee must disclose on each time sheet if he/she is working in any other area of the College. g. Failure to comply with any part of this procedure may result in a disciplinary action or termination. XII. Changes in employee’s position status during the plan year: a. Employees that are currently part time and become full time during the plan year are eligible for benefits as if they were a new hire. b. Employees reverting from full time to part time will remain eligible for benefits until the current stability period ends. XIII. Multiple Positions: a. Employees who wish to work in two or more departments must receive permission from the respective unit VP’s prior to committing to any responsibilities in the supplementary department. b. If an employee is in two different types of positions, i.e. part staff and adjunct, total service time will be calculated by adding the workload hours from each department as determined in sections IX, X, and XI. c. The total allowable workload hours is a maximum of 29 hours per week. d. If the employee has more than one position, and it causes the employee to become eligible for benefits, the cost of benefits will be pro-rate between the appropriate departments and account codes. XIV. Opting Out procedures: 14 | P a g e Revised 8/24/15 Any employee may choose to not accept coverage in the State Health Plan. Employees who opt out will annually sign a statement to acknowledge that they were offered coverage and chose not to accept the coverage. Opting out of coverage is not reason to allow an employee to work additional hours. Once an employee opts out for the plan year, they cannot enroll again until the next annual enrollment. Appendix: Break in Service Scenarios **On-Going VS New Hire: The main reason that breaks in service are an issue has to do with whether or not you treat an employee as an "on-going" employee or a "rehire/new employee". There are different rules that apply to the “look-back” method of safe harbor that are applied to rehired/new employees verses on-going employees who have a break in service. Let’s look at different scenarios: Scenario 1 - An employee has a period of time which is less than 4 weeks for which they have 0 hours worked: Because the period during which the employee did not work is less than four weeks, it is not an “employment break period”. Therefore, you would treat this employee as an “on-going” employee and record only the actual hours worked. You continue with the same measurement period and stability period that they originally started with. Scenario 2 - An employee has a period of time which is greater than 26 weeks for they have 0 hours worked and start to work with the employer again after 26 weeks: Because the period of time for which the individual did not work is greater than 26 weeks, this is not considered an "employment break period" but rather the employee is treated as a rehire/new employee and you would start over with a new measurement period. Scenario 3 - An employee has a break of service of between 4 and 26 weeks and the break in service is greater than their period of employment: For example, an employee works for five weeks for an employer and then leaves employment. He/she comes back to work ten weeks after this. In this case, the individual is treated as a rehire/new employee because the break of ten weeks is greater than four weeks and greater than the period of employment of five weeks. You would start over with a new measurement period. Scenario 4 - An employee has a break in service of between 4 and 26 weeks and the break in service is less than the period of employment: For example, an 15 | P a g e Revised 8/24/15 employee works for ten weeks, leaves employment, and returns five weeks later. This would be considered an "employment break" and the individual would be treated as an on-going employee because the break in service of five weeks was greater than four weeks and less than the period of employment of ten weeks. The measurement and stability period that would have applied to the employee had the employee not had an employment break would continue to apply upon the employee's resumption of service. Under this scenario, employers using the “look-back” method must either: • calculate their average hours worked per week excluding the break period, or • treat the employee as having worked their average weekly hours during the “employment break” period (even though the employee did not in fact work during the break period). 3. Bereavement Procedure Upon the death of an active employee of the College, current member of the Board of Trustees or current member of the Foundation Board of Trustees the following procedure will be followed. The North Carolina Community College System flag in front of Building 1 will be flown at half-staff for one week following the death. The employee’s supervisor and Vice President (or the President or designee in the event of a member of the Board of Trustees or Foundation Board of Trustees) will coordinate a memorial service to be held on campus within several months following the death. A tree will be planted or other landscape enhancement placed in memory of the deceased with a marker indicating the memorial. The President will designate three employees to determine the type of memorial and location. Individual departments or employee groups may elect to send flowers to the service or make a donation to the BCCC Foundation, but College funds cannot be used for these purposes. The employee’s Vice President or a designee (or the President or designee in the event of a member of the Board of Trustees or Foundation Board of Trustees) will communicate with the family of the deceased regarding funeral arrangements or special requests. If the visitation or funeral is held during regular business hours, College employees will not be charged leave time to attend. Implemented 1/27/14 4. Communicable Disease Policy Persons infected with communicable diseases* shall not be excluded from enrollment or employment, or restricted in their access to the institution’s services or facilities unless medically-based judgments in individual cases establish that 16 | P a g e Revised 8/24/15 exclusion or restriction is necessary to the welfare of the individual or the welfare of other members of the institution. Persons who know that they are infected with a communicable disease are urged to share that information, on a confidential basis, with the Vice President of Student Services, so that the institution can respond appropriately to their health and educational needs. Persons who know, or have reasonable basis for believing, that they are infected are expected to seek expert advice about their health circumstances. They are obligated, ethically, and in some circumstances legally, to conduct themselves responsibly in accordance with such knowledge, for the protection of other members of the community. * Communicable diseases may include, but are not limited to: chicken pox, hepatitis, measles, tuberculosis, mononucleosis, whooping cough, AIDS, AIDS-Related Complex, seropositive to AIDS virus, and other sexually transmitted diseases. 5. Conflict of Interest In compliance with G.S. 115D-26, all local Trustees and employees of Beaufort County Community College will adhere to the conflict of interest provisions stated in G.S. 14-236. This statute prohibits public officials and firms in which they have a financial interest from conducting business with the College. 6. Contact Directory Beaufort County Community College maintains a “Contact Directory” that is published online and available through the “Contact Us” link on the web page. The Contact Directory contains official information regarding College employees including, but not limited to, office location, telephone number, email address, and photographs. Photographs published to the Contact Directory are those that are currently available on file. Photographs of new employees are the responsibility of the public information officer. Employees may choose to opt out of having their official photograph published in the Contact Directory. Employees must submit a helpdesk ticket to opt out of the photograph published to the Contact Directory. Employees who opt out of the photograph will have their photograph replaced with the College logo. Employees do not have the option of supplying their own photograph at this time. Approved by Senior Staff on 1/13/15 7. Desktop Banner Requests and Campus Monitor Requests Procedures Procedure Regarding Desktop Banner Requests 17 | P a g e Revised 8/24/15 Beaufort County Community College uses a Desktop Banner system to notify campus users of important events. A banner message appears on the computer screen when a user first logs into a campus computer. Information posted using the Desktop Banner system is subject to space constraints and approval of Senior Staff. Employees who want to display information on using the Desktop Banner system must submit a helpdesk ticket using the category “Banner.” Users will be notified of the status of their requests via the helpdesk system. Procedure Regarding Campus Monitor Requests Beaufort County Community College uses a Campus Monitor system to notify campus users of important events. These monitors are located in multiple buildings across campus. Monitors can display text, video, PowerPoint files, and other media content. Information posted using the Campus Monitor system is subject to approval of Senior Staff. Employees who want to display information on using the Campus Monitor system must submit a helpdesk ticket using the category “Campus Monitors.” Users will be notified of the status of their requests via the helpdesk system. Approved by Senior Staff 1/26/15 8. Direct Deposit All employees are eligible to receive their paychecks via direct deposit. All full-time employees starting on or after October 2, 2007 will be required to sign up for direct deposit. By July 2, 2014 all employees (full and part-time) will be required to sign up for direct deposit. Revised 11/6/13 9. Drug-Free Workplace Policy The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the College’s workplace is prohibited. Any employee violating this policy will be subject to disciplinary action up to and including termination. The specifics of this policy are as follows: Any employee of Beaufort County Community College who manufactures, sells, gives, or in any way transfers a controlled substance to another person or possesses a controlled substance with intent to distribute the same while on the job or on College premises (including off-campus or extension classrooms or work areas) will be subject to termination from employment. Any employee of Beaufort County Community College who possesses or uses a controlled substance while on the job or on College premises (including off- 18 | P a g e Revised 8/24/15 campus or extension classrooms or work areas) will be subject to disciplinary action up to and including termination from employment. The term “Controlled Substance” means any drug listed in 21 U.S.C. Subsection 8-12 and other Federal regulations. Generally, these drugs have a high potential for abuse. Such drugs include, but are not limited to, Heroin, Marijuana, Cocaine, PCP, and “Crack.” They also include “Prescription Drugs” sold, transferred, used, or possessed other than pursuant to a physician’s prescription. Each employee of Beaufort County Community College is required by law to inform the College within five (5) days after conviction of violation of any Federal or State criminal drug statute when such violation occurred on College premises, including off-campus or extension classrooms and work areas. A conviction means a finding of guilt, including a plea of nolo contendere (or the imposition of a sentence by a Judge or jury in any Federal or State court). The Office of the Vice President of Academics must notify any United States Government Agency making a grant pursuant to which a program is offered by the College and on account of which compensation is directly or indirectly paid to an employee convicted of violation of a Federal or State criminal drug statute, within ten (10) days after receiving notice from the employee or otherwise receiving actual notice of such conviction. As a condition of continued employment pursuant to any Federal grant, Federal law requires all employees of Beaufort County Community College to abide by this policy, and it requires that the President of the College certify that this policy is in effect and will be enforced by the College. Beaufort County Community College will implement and enforce this policy, and in furtherance hereof will provide information and/or counseling to any employees experiencing drug-related problems, and otherwise aggressively pursue a drugfree workplace awareness program. It will be grounds for immediate termination if an employee fails to abide by the terms of this policy. The Vice President of Student Services will be responsible for the design and implementation of programs to provide information for students and employees related to drug and alcohol abuse. Student services will also provide counseling and referral service for students and employees needing assistance with addictions to drugs and alcohol. 10. Employee Classifications Policy Regular Full-time A position established in the budget as a regular, recurring position. Employment must be on an annual contract for nine or more months per year and considered full-time weekly employment. Employees in this position will receive leave, state service credit and other benefits offered by the College. Regular Part-Time 19 | P a g e Revised 8/24/15 A position established in the budget as a regular, recurring position. Employment must be on an annual contract for nine or more months per year and at least 20 hours per week, but less than full-time employment. The employee also is expected to consistently work 20 or more hours per week. Employees in this position will be eligible to participate in some of the benefit programs offered by the College. Temporary Full-Time A position not established in the budget as a position. Employment must be on an annual contract for a period of nine or more months per year and considered full-time weekly employment, but only for a special assignment or project not expected to recur on a continuous basis. Employees in this position will not receive state service credits or other College benefits with the exception of annual and sick leave. Temporary Part-Time and Hourly A position not established in the budget as a position. Employment contract is for less than nine months per year and/or less than full-time weekly employment. Employees in this position will not receive College benefits. Faculty Curriculum employees who perform professional activities in guiding and directing the learning experiences of students in an instructional situation. Professional Staff Professional staff members usually have supervisory duties and report to either a senior administrator or higher-level staff person. The minimum education attainment level is at least the Associates Degree. Technical/Paraprofessional Staff The job duties of technical/paraprofessional staff require specialized knowledge and skills. Technical/paraprofessional staff normally report to a professional staff member. Clerical Staff Clerical staff members provide an infrastructure for the daily office operations of the College. Individuals in this category are generally clerical in nature with an emphasis on correspondence, information storage and retrieval, data entry and word processing. Maintenance/Custodial Staff Maintenance/custodial staff maintain the appearance and functionality of the campus facilities and grounds. 20 | P a g e Revised 8/24/15 Revised 11/6/13 11. Employment Policy The Board of Trustees has delegated the employment of all College personnel to the President. It shall be the responsibility of the President of the College, through the selection procedure to appoint personnel whose qualifications meet the requirements of the responsibilities assigned. The President is authorized to modify the selection process from the general guidelines contained in this manual. A copy of the contract shall be on file in the Human Resource’s Office with the appointee holding one copy. The Board of Trustees and the President recognize their responsibility for the development of equal opportunities that do not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin and will take affirmative action to ensure that all personnel actions will be taken without regard to these factors. In accordance with N.C. General Statute 128-15, veterans and their spouses or surviving spouses who served this State and this Country during a period of war will be given preference in employment decisions when the qualifications and experience of the final candidates for a position are generally equal. For the purposes of this policy, “veterans” include those individuals who served in the Armed Forces of the United States on active duty, for reasons other than training, and have been discharged under other than dishonorable conditions. A “period of war” includes World War I (April 16, 1917, through November 11, 1918), World War II (December 7, 1941, through December 31, 1946), the Korean Conflict (June 27, 1950, through January 31, 1955), the period of time between January 31, 1955, and the end of the hostilities in Vietnam (May 7, 1975), or any other campaign expedition, or engagement for which a campaign badge or medal is authorized by the United States Department of Defense. Also for the purposes of this policy, “eligible veterans” include a veteran who served during a period of war; the spouse of a disabled veteran; the surviving spouse or dependent of a veteran who dies on active duty during a period of war either directly or indirectly as the result of such service; a veteran who suffered a disabling injury for service-related reasons during peacetime; the spouse of a veteran who suffered a disabling injury for service-related reasons during peacetime; or the surviving spouse or dependent of a person who served in the Armed Forces of the United States on active duty, for reasons other than training, who dies for service-related reasons during peacetime. Applicants and employees should identify themselves as meeting the above criteria when submitting their application to the Human Resources Office. Revised 11/6/13 12. Furlough Policy 21 | P a g e Revised 8/24/15 Furlough leave hours will be taken on faculty work days, during office hours, pending prior approval by the Dean. Furlough leave hours expire at the end of a set period of time and will not be paid out upon the ending of employment with the college. Furlough leave must be documented by date and hours utilized on the absence form, designated as “other.” Revised 04/06/10 13. Evaluations Faculty and staff performance evaluation forms and guidelines are updated annually by the Personnel Evaluation Systems Committee. Copies of the most recent forms and guidelines are posted on the assessment document page of the Institutional Effectiveness website. Revised 6/2/09 14. Faculty Workload Policy Procedure - The following procedures are established to assure the equitable and reasonable assignment of faculty responsibilities. The Instructor and the Dean will jointly develop semester schedules. The calculation of instructional loads should take into account such factors as classroom instruction, academic advising, number of preparations, number of students taught, nature of the subject, committee membership, guidance of student organizations, and instructional support. The contact hour requirement of an instructor’s workload may be modified by the Dean with approval of the Vice President of Academics. The Vice President of Academics will review all work schedules for equity in application. These procedures protect faculty members from assuming or being assigned internal or external responsibilities which might encroach upon the quality or the quantity of the work they are employed to perform. Faculty workload averages for the year should fall into one of the following ranges for contact hours. Lecture Lab, clinical/lecture 15-20 18-30 Placement within the range of contact hours will take into consideration the factors listed above. Dean teaching loads will be one-half of the appropriate workload range. Special Assignments Each instructor may be assigned to teach in the day or evening program of the College as needed, and in any division. In the event that a 15-contact hour load does not develop for an instructor granted a full-time contract, the College may reduce the instructor’s fulltime contract to a part-time contract, commensurate with the instructor’s actual duties, or it may assign the instructor to assist with professional level assignments outside the 22 | P a g e Revised 8/24/15 instructor’s major field. In such event the College will provide notice of such contract or assignment as soon as the need for the same becomes apparent. If in a given semester, the total contact hours exceed the range as stated above, the instructor may be compensated by a comparable reduction in load in another semester during the academic year (summer, fall, and spring). If the total contact hours in the contract period fall or are expected to fall outside the range, extra pay may be awarded for those contact hours in excess of the stated maximum for the range. The off-load hours must be identified and may occur at any time of the day. The rate of hourly pay will be calculated by dividing the 9 month salary by 1560 hours. This award should not exceed six hours per week and is subject to the availability of funds. Any deviation from this policy must have the approval of the Vice President of Academics. No special assignment pay shall be granted to non-teaching employees from State funds. The president may approve special pay for a staff member to perform instruction if that instruction occurs during non-working hours. 15. Grievance Policy Employees are encouraged to discuss matters pertaining to their employment initially with their immediate supervisor. The College’s goal is to find solutions at the lowest possible level and to keep proceedings relating to employee grievances as informal and confidential as possible. The purpose of this Grievance policy is to assure employees of the College that their grievances will be considered fairly, rapidly, and in a non-threatening atmosphere. Grievance complaints are defined as claims of unfair or arbitrary treatment and matters of contractual interpretation other than employment termination. Procedure In the event matters are not able to be handled informally through discussions with immediate supervisors, the procedures listed below should be followed. In situations involving sexual or other unlawful harassment and dismissal, the specific policies applicable to such matters should be followed instead of the general grievance procedure. Step 1 – Supervisor Resolution Before filing a formal grievance and within five (5) business days of the event or condition resulting in the employee’s grievance, an employee must discuss the grievance with his/her supervisor who will make an inquiry into the facts and circumstances of the complaint. A formal grievance must be in writing, must be signed and dated by the employee, and must include the following: 1. Statement of the grievance; 2. Information about the particular disagreement; 3. Information about attempts made to solve the grievance; 4. Information about the results of those attempts; and 23 | P a g e Revised 8/24/15 5. The solution or remedy that the employee would view as acceptable. The supervisor will make every effort to resolve the matter promptly and will render a written decision in the matter to the employee within five (5) business days of the presentation of the complaint. The supervisor’s documentation must include the following: 1. Statement of the grievance from the employee; 2. Information about the particular disagreement with a supervisor’s interpretation of the grievance item; 3. Information about attempts made to solve the grievance; 4. Information about the results of those attempts; and 5. The solution or remedy that would be acceptable to the employee. The employee may then appeal a supervisor’s decision to the senior level administrator of his/her division. If no appeal is made to the decision within five (5) business days, the decision of the supervisor will stand as final and all proceedings under the grievance procedure will be terminated. If the supervisor fails to deliver a decision to the employee within the required five (5) business day time period, then the employee should proceed with filing a grievance with the Senior Level Administrator in his/her division within five (5) business days as specified in Step 2. If for some reason the employee reasonably believes he/she cannot initially discuss the grievance informally with his/her supervisor, the employee may submit the grievance to the senior level administrator of his/her division. However, this method should only be used in extenuating circumstances. Step 2 – Senior Level Administrator Resolution The same procedures as listed in Step 1 will be followed. Step 3 – President Resolution Within five (5) business days of the employee’s receipt of the senior level administrator’s decision or within ten (10) days if the senior level administrator fails to timely respond in accordance with Step 2, an employee who desires further review of his/her grievance may file a written notice of the grievance with the President. The written notice should include the same information as listed in Step 1 above. The President will review the grievance, make investigations, conduct informal hearings as deemed appropriate, and will inform the employee in writing of his/her decision within ten (10) business days after receipt of the written grievance. The decision of the President will stand as final. All original documentation, records, and reports will be retained in the employee’s personnel file. The records will be subject to review subject to the Personnel File policy located in the BCCC Policy & Procedure Manual. 24 | P a g e Revised 8/24/15 16. Holiday Policy The following holidays have been designated as paid (8 hour) holidays for full-time employees working at least half the number of days in the month that the holiday is being observed. Holiday New Year’s Day Martin Luther King’s Birthday Easter Holiday Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Christmas Days Off 1 1 1 1 1 1 1 2 3 Procedure The College reserves the right to observe the above holidays on days noted on the academic calendar. Revised 11/6/13 17. Insurance Policy Disability Insurance All full-time regular employees are covered under the Teachers’ and State Employees’ Disability Income Plan of North Carolina if they are in service and a member of the Teachers’ and State Employees’ Retirement System. New employees must be in membership one year before they are eligible for benefits. Participation in the plan is no cost to the employee. Beaufort County Community College makes all the necessary contributions on the employee’s behalf. Additional information is available from the human resources office. Hospital and Major Medical Insurance All full-time regular employees are eligible for the medical insurance under the State Health Plan. The employing unit covers a portion of the premium cost and the remaining portion is paid by the employee through payroll deduction. New employees are given the opportunity to elect this coverage when employed. Complete information including coverage and rates is available in the human resources office. Employees may elect (at their own cost) to cover dependents. Additional Insurance Options 25 | P a g e Revised 8/24/15 Regular full-time and regular part-time employees are eligible to enroll in various group plans. BCCC offers payroll deductions for these plans. Complete information including coverage and rates is available in the Human Resources Office. Revised 11/6/13 18. Job Descriptions Policy Job descriptions are maintained in the job descriptions file located in the human resources office. This file is available for review by any current employee by contacting the Director of Human Resources. 19. Leave Policies Absences from work during scheduled working hours shall be charged to the appropriate leave account. Unauthorized absences may lead to disciplinary action up to and including dismissal from employment. The college reserves the following rights: To authorize, or to refuse to authorize, the advance request of an employee for permission to be absent. To investigate absences. To determine whether or not an absence is unavoidable or justifiable. To deny absence pay allowance for absence in violation of this policy. A. Absence Reports - Procedure Absences from work must be charged to the appropriate leave account and reported by completing an absence report. Record all absences by the hour, or by the half-hour (anything less than 30 minutes will be charged as 30 minutes). Absence reports are to be completed and approved in advance or immediately upon return to work in the case of sudden illness. Supervisors are responsible for seeing that absence reports are turned in to the human resources office in a timely manner. B. Academic Calendar Planning Procedure I. Semester Timeframe Spring: January 1 – May 15 Summer: May 16 – August 14 Fall: August 15 – December 31 Fall/Spring Each day must total 16 16 Mondays, 16 Tuesdays, 16 Wednesday, 16 Thursdays, 16 Fridays, 16 Saturdays Summer Each day must total 8 26 | P a g e Revised 8/24/15 8 Mondays, 8 Tuesdays, 8 Wednesdays, 8 Thursdays Accelerated classes (8-week classes) In order to facilitate the scheduling of accelerated classes that meet on 8-week blocks, there must be 8 weekdays (Monday, Tuesday, Wednesday, Thursday, and Friday) scheduled during the first and second half of a regular semester (Fall or Spring). This corresponds to a total of 40 days in each half of a regular semester. The first and second halves of a regular semester should generally adopt the following schedule: January 1 –Mid-March, Mid-March-May 15 (State Board Code 1G 200.99) (23 SBCC 01A.0101) Fall: August 15 –Mid-October, Mid-October-December 31* (State Board Code 1G 200.99) (23 SBCC 01A.0101) *Specific dates are subject to variability to accommodate 40 instructional days in each half of the semester. *In order to accommodate 8 week classes, at times there may have to be a flipped day. For example, due to weather or holiday, a Wednesday of one week may be switched to Tuesday for Tuesday classes. Spring: Holidays are not included in the count of 16 (or 8 for 8-week classes). Because of holidays there may have to be occasion for a flipped day. (23 SBCC 01A.0101) Holidays Please reference the Holiday Policy in the BCCC Personnel Policies and Procedures Manual for the specific number of days allowed. New Year’s Day Martin Luther King Easter (1 day – Faculty and Students – 1 day to be scheduled with Beaufort County Schools, whenever possible) Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas Break FALL & SPRING: 86 Contract Days= 80 instructional days plus additional days to meet the demands of registration, faculty work days and exam days to equal 86 days. 86 contract days - 2 days for registration, 2 exam/FWD, 2 FWD SUMMER: 34 contract days= 32 class days and 1 registration day and 1 FWD 27 | P a g e Revised 8/24/15 Registration Days – Registration days will be built as needed and will be included in faculty contract dates. (2 Fall and 2 Spring and 1 Summer) VII. Exams are suggested to be administered on the last day of class. If this cannot be accomplished, set aside exam days will be available, but cannot be included in the 16 day count. VIII. If possible, keep spring break (4 days for faculty) with Beaufort County Schools’ Easter Break. IX. Week break between Spring and Summer whenever possible. Revised 1/10/14 Revised by Senior Staff 7/21/14 Revised by Senior Staff - recommendations by Academic Calendar & Registration Committee 12/15/14 C. Annual Leave Policy Full-time regular staff, Dean, and full-time temporary staff who are working or on paid leave for one-half or more of the regularly scheduled workdays in any month earns annual leave. Faculty are not eligible to earn annual leave. The rate is based on the length of aggregate service and the hours scheduled to work each week. Annual leave for employees working 40 hours per week shall be computed at the following rates: Years of Total State Service Less than 5 years 5 but less than 10 years 10 but less than 15 years 15 but less than 20 years 20 years or more Hours Granted Each Month 9 hrs. 20 mins. 11 hrs. 20 mins 13 hrs. 20 mins. 15 hrs. 20 mins. 17 hrs. 20 mins. Hours Granted Each Year 112 136 160 184 208 Days Granted Each Year 14 17 20 23 26 A day, for leave purposes, will be the number of hours an employee is expected to work. The exception to this rule is on Fridays and during the summer hours of operation. Accumulation and Conversion of Annual Leave to Sick Leave A maximum of 240 hours (or 30 days) of annual leave may be carried forward from one fiscal year to the next fiscal year. Any hours in excess of 240 hours will be transferred to sick leave at June 30 of each year. Aggregate Service Policy 28 | P a g e Revised 8/24/15 Aggregate service includes, on a month-for-month basis, all regular employment with the State as certified by former employers or the North Carolina Retirement System. Advancement Policy Employees 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. Use of Annual Leave Policy Annual leave must be authorized by an employee’s supervisor. Supervisors should consider the efficient operation of the college while considering requests for annual leave. Annual leave may be used for any approved absence, medical appointments, in lieu of sick leave, or for absences as a result of adverse weather conditions. Payment at Separation from BCCC Policy Lump sum payment for annual leave is only made at the time of separation of employment from BCCC. An employee will be paid a lump sum for accumulated leave not to exceed a maximum of 240 hours when he/she is separated from institution service due to resignation, dismissal, reduction in workforce, death, service retirement, and leave without pay for military purposes. Employees retiring on disability retirement may exhaust annual leave rather than being paid in a lump sum. Should an employee be separated before he/she has earned all of the annual leave taken, his/her final salary check will be reduced by the amount of overdrawn leave. Payment for annual leave will be made on the regular payroll. Annual leave will be paid in full hours only. Retirement deduction will be made from all terminal leave payments. Receipt of lump sum leave payments and retirement benefits will not be considered as dual compensation. In the case of a deceased employee, payment of unpaid salary, terminal leave, and travel, will 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 will be made to the Clerk of Superior Court of the deceased employee’s residence (G.S. 2668). Termination of Benefits Policy During the period of terminal leave, an employee ceases to earn leave increments and ceases to be entitled to take sick leave. The employee will not be charged leave for holidays occurring during that period. Revised 10/7/14 29 | P a g e Revised 8/24/15 Transfers of Annual Leave from Other Institutions BCCC does not accept the transfer of annual leave from other institutions. Revised & Board Approved 10/7/14 D. Annual Leave Blackout Procedure Due to the high volume of students applying, registering, seeking financial aid, the need for last minute hiring of instructors, and all related preparations for the beginning of the academic year, Beaufort County Community College will observe a blackout period in which no annual leave may be taken. The blackout dates will run from the last full week of July through the 10% point in August for the following personnel: 1. President of BCCC 2. Student Services Personnel 3. Human Resources Personnel 4. Information Technology Personnel 5. Accounts Receivable Personnel 6. Vice President of Student Services 7. Vice President of Academics and Administrative Staff 8. Vice President of Research & Institutional Effectiveness 9. Vice President of Continuing Education 10. Dean of Arts and Sciences and Administrative Staff 11. Dean of Business and Industrial Technology and Administrative Staff 12. Dean of Allied Health and Professional Services and Administrative Staff 13. Director of High School Programs 14. Blackboard Administrator 15. Webmaster 16. Public Relations Coordinator 17. Foundation Office Personnel 18. Vice President of Continuing Education 19. Adult/Dislocated Worker Employment Specialist Senior Staff Approved 12/15/14 Senior Staff Revised & Approved 08/24/15 E. Bonus Leave Bonus leave has been awarded by the college as a benefit to staff employees. Use of Bonus Leave Bonus leave may be used for the same purposes as listed under the annual leave and sick leave policies. 30 | P a g e Revised 8/24/15 Payment at Separation from BCCC Lump sum payment for bonus leave is only made at the time of separation of employment from BCCC. Should an employee be separated before he/she has earned all of the annual or sick leave taken, his/her final salary check will be reduced by the amount of overdrawn leave. Payment for bonus leave will be made on the regular payroll. Bonus leave will be paid in full hours only. Retirement deduction will be made from all terminal leave payments. Receipt of lump sum leave payments and retirement benefits will not be considered as dual compensation. In the case of a deceased employee, payment of unpaid salary, terminal leave, and travel, will 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 will be made to the Clerk of Superior Court of the deceased employee’s residence (G.S. 2668). Transfers of Bonus Leave from Other Institutions BCCC does not accept the transfer of annual leave from other institutions. F. Civil Leave Jury Duty When a regular, full-time employee serves on a jury, he/she is entitled to leave with pay for the period of the required absence. He/she is entitled to their regular compensation plus compensation fees received for jury duty. Court Attendance: An employee is not required to take leave for court attendance in connection with his/her official duties. Fees received as a witness while serving in an official capacity must be turned in to the business office at BCCC. An employee will be granted civil leave with pay when he or she is subpoenaed or directed by proper authority to appear as a witness. Any fees received must be turned in to the business office at BCCC. The employee may use annual leave rather than civil leave with pay in which case he/she may retain any fees received. G. Community Service/Child Involvement Leave Policy In recognition of the State’s diverse needs for volunteers to support schools, communities, citizens and non-profit organizations, and recognizing the commitment of College employees to engage in volunteer service, Community Service Leave, within the parameters outlined below, may be granted to: 31 | P a g e Revised 8/24/15 parents for child involvement in the schools or daycare program any employee for volunteer activity in the schools or in a Community Service Organization (as defined below), or any employee for tutoring and mentoring in the schools, or any employee for volunteering in a 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. Terms School (public or private) Definition One that is authorized to operate under the laws of the State of North Carolina and is: an elementary school, middle school, high school, or a child care program 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 Community Service A non-profit, non-partisan community organization Organization which is 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. For purposes of this policy, Community Service is: meeting with a teacher or administrator concerning the employee’s child, attending any function sponsored/sanctioned 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 work approved by a teacher, school administrator, or program administrator, performing a service for a community service organization 32 | P a g e Revised 8/24/15 performing volunteer work for a State agency that is approved by the agency head or his/her designee. 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 working in soup kitchens, homeless shelters or other community activities. (2) Service may include working inside a polling facility to assist voters with the voting process as long as the employee is not receiving pay for the work. Vacation leave shall be charged 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) Partisan political activity during College time and the use of State equipment or supplies for any community service are not permitted. Full-time permanent employees may use up to 24 hours of Community Service Leave for the activities listed above. This leave runs on a fiscal year and is not cumulative. BCCC does not transfer Community Service Leave to or from other agencies. This leave is not paid out upon separation of employment. Employees must receive approval from their supervisor to use this leave. The supervisor or other College administrators may require that the leave be taken at a time other than the one requested, based on the needs of the agency. The agency may require acceptable proof that leave taken is within the purpose of this policy. Community Service Leave should be reported on the Absence Report form and turned in to the Human Resources Office. Implementation date 11/6/13 H. Compensatory Leave Policy Certain non-exempt employees are eligible to receive compensatory leave. Employees who work beyond a forty-hour week are entitled to one and one-half hours off for each hour worked over forty (40) hours in any given week. The hours worked above forty (40) must be pre-approved by an employee’s immediate supervisor prior to working those hours. Compensatory Leave must be exhausted prior to using any other type of paid leave and it may not be transferred to any other type of leave. Non-exempt employees will be required to complete a monthly timesheet, record their time daily, total each week, have supervisor sign on the last day of the month, and forward to the business office. The employee and the supervisor, upon mutual agreement, will schedule the taking of compensatory time at the convenience of the institution. Nonexempt employees include clerical, technical, and maintenance/custodial staff. Revised 11/6/13 Revised & Board Approved 8/4/15 33 | P a g e Revised 8/24/15 I. Educational Leave with Pay Policy The term “educational leave” as defined in this regulation refers to the release from duties or time normally required of a full-time employee in carrying out his/her full load of responsibilities assigned. It does not apply to off-duty time used for educational purposes. State funds may be used to pay salaries of professional employees while on educational leave provided all of the following conditions are met. The employee is employed full-time on a nine, ten, eleven, or twelve-month basis. The educational leave with pay shall not exceed one semester per fiscal year. The chief administrative officer and the trustees of the institution approve the educational leave requested. The studies engaged in during such educational leave are directly related to improving the competence of the employee in instructional or administrative duties assigned. The employee is under contract to return to the institution the following year and expresses his/her intention to honor this contract. An employee who fails to honor the contract shall be required to repay the amount expended for their educational leave. If the employee fulfills a portion of the contract, repayment shall be based on a pro rata portion. (e.g. If an employee works four months of the twelve-month contact, a repayment of 66.7% of the educational leave would be required.) Under any conditions other than the above, educational leave as defined above, granted an employee by the trustees, must be without pay from State funds. J. Family and Medical Leave Policy The Family and Medical Leave Act of 1993 (FMLA) 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 maternityrelated disability) and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men. Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for certain medical and family reason. Please contact human resources for additional information and forms related to Family and Medical Leave. Amount of Leave and Qualifying Reasons FMLA leave may be granted for the following reasons: An eligible employee is entitled to a total of 12 workweeks, paid or unpaid, leave during any 12-month period: Note: This leave is provided for both spouses even if employed in the same agency. 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 34 | P a g e Revised 8/24/15 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. 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. for the employee to care for the employee’s child, spouse, or parent, where that child, spouse, or parent has a serious health condition, or because the employee has a serious health condition that prevents the employee from performing one or more essential functions of the position, or because of any qualifying exigency that 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. 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. Leave Charges Policy It is the responsibility of the college to designate leave, paid or unpaid, as FMLA leave, based on information provided by the employee. This process will be done before leave starts, or before an extension of leave is granted if the employee is already on leave. If an employee on paid leave has not provided information sufficient to determine whether it is to be designated as FMLA leave, the agency shall, after a period of 10 workdays, request that the employee provide sufficient information to establish an FMLA-qualifying reason for the needed leave. This does not preclude the college from requesting the information sooner, at any time an extension is requested. If an employee takes paid leave and is not designated by the employee or employer as FMLA leave, the leave taken does not count against the employee’s entitlement. The employee has the following options for charging leave: Birth – for the birth of a child, the employee may choose to exhaust available annual and/or sick leave, or any portion, or go on leave without pay; except that sick leave may be used only during the period of disability. This applies to both parents. Adoption – for the adoption of a child, the employee may choose to exhaust available annual leave, or any portion, or go on leave without pay. Illness of Child, Spouse, Parent – for the illness of an employee’s child, spouse, or parent, the employee may choose to exhaust available sick and/or annual leave, or any portion, or go on leave without pay. Employee’s Illness – for the employee’s illness, the employee shall exhaust available sick leave and may choose to exhaust available annual leave, or any 35 | P a g e Revised 8/24/15 portion, before going on leave without pay. 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. Qualifying Exigency - 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. Military Caregiver - 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. Periods of paid leave and periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the FMLA entitlement. This includes leave taken under the Voluntary Shared Leave Policy. Intermittent Leave or Reduced Work Schedule Pursuant to this policy, the employee may not take leave intermittently or on a reduced work schedule for child birth and birth related child care or for adoption unless the employee and agency agree otherwise; however, when medically necessary, the employee may take leave intermittently or on a reduced schedule to care for employee’s child, spouse, or parent who has a serious health condition, or because the employee has a serious health condition. If such leave is foreseeable, based on planned medical treatment, the college may require an employee to transfer temporarily to an available alternative position for which the 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. (For 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.) 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, the employee may earn pay and leave at a reduced rate. Employee Responsibility An employee must give at least 30 days notice before an FMLA leave is to begin if the reason for the leave is reasonably foreseeable. If the need for the leave is not reasonably foreseeable, the employee must give notice as soon as practical. Employer Responsibility When an employee requests FMLA leave, or when the College knows that an employee's leave may be for an FMLA-qualifying reason, the employee must be notified of the 36 | P a g e Revised 8/24/15 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: 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. Certification Requirement If the requested leave is to care for a family member with a serious health condition or an employee’s own disabling serious health condition, the college will require a medical certification form. The failure to provide a medical certification form in a timely manner may result in a delay of or a delay in the continuance of the requested leave. If a medical certification is never produced, the leave will not be an FMLA leave, the absences may be considered 37 | P a g e Revised 8/24/15 unapproved and disciplinary action up to and including termination of employment may result. For Qualifying Exigency Leave, the College 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. The employee may be required to complete a Certification of Qualifying Exigency for Military Family Leave Form. For Military Caregiver Leave, the following certifications are required: For Covered Service members – The College requires that leave to care for a covered service member 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 service member’s family. Employees may be required to complete the Certification for Serious Injury or Illness of a Current Service Member for Military Family Leave Form. For Covered Veterans – The College requires 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 be required to complete the Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Form. Qualifying Exigency Leave 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 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, 38 | P a g e Revised 8/24/15 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 service member 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 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. 39 | P a g e Revised 8/24/15 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 sponsored by the military, and addressing issues arising from the death of a military member, including attending the funeral. 9) Additional activities where the College 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. Military Caregiver Leave Definitions Covered Service member – The term “covered service member” 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 five-year period before the eligible employee first takes FMLA military caregiver leave to care for him or her. 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. 40 | P a g e Revised 8/24/15 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 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 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. 41 | P a g e Revised 8/24/15 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 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 12-month 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. Revised 11/6/13 42 | P a g e Revised 8/24/15 K. Funeral Leave An employee may use a maximum of three days of sick leave when there is a death in the employee’s family. Leave exceeding this three day maximum must be charged to annual leave or leave without pay. Family is defined as wife, husband, mother, father, brother, sister, brother-in-law, sisterin-law, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, grandmother, grandfather, grandson, granddaughter, step-mother, or step-father. L. Furlough Leave A. Staff Members College staff members are eligible to use furlough leave for any of the purposes outlined in the annual leave policy of this manual. Furlough leave can only be used on days preapproved by an employee’s direct supervisor. Furlough leave hours expire at the end of a set period of time and will not be paid out upon the ending of an employee’s employment with the college. B. Faculty Members Furlough leave hours will be taken on faculty work days, during office hours, pending prior approval by the Dean. Furlough leave hours expire at the end of a set period of time and will not be paid out upon the ending of employment with the college. Furlough leave must be documented by date and hours utilized on the absence form, designated as “other.” M. Leave Without Pay Any employee may request to be absent from his/her assigned duties without pay. Requests for such leave are subject to the approval of his/her supervisor and the President. Employees may also be assigned by their supervisor or the business office to leave without pay status as a result of unauthorized absence or absence when all other forms of leave have been exhausted. Sick Leave Without Pay Leave without pay may be granted for the remaining period of sickness or disability after Sick Leave has been exhausted (see Sick Leave and Family and Medical Leave). Vacation Purposes An employee approved for leave without pay for vacation purposes must first exhaust any accumulated annual leave. Unauthorized Absence 43 | P a g e Revised 8/24/15 Employees assigned to leave without pay for unauthorized absence may be subject to further disciplinary action to be determined on a case-by-case basis. Benefits Employees who are in an unpaid status other than Family and Medical Leave for more than one-half the number of work days in a given month must pay their own benefits. N. Maternity Leave Female employees are not penalized in their condition of employment because they require time away from work caused by or contributed to pregnancy, miscarriage, abortion, childbirth, and recovery. Disabilities caused or contributed to 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 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 seniority and other 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 or recovery there from. A doctor’s certification may be required verifying the employee’s disability. Employees going on maternity leave will be permitted to exhaust accumulated annual leave. Maternity leave, normally not to exceed six months, will be granted to regular and temporary employees. Limitation of employment before childbirth is prohibited; therefore, based on the type and nature of work performed, in consultation with the employee and upon advice she has received from her physician, the physician will determine how far into pregnancy she may continue to work before going on leave. The employee will be reinstated to the same position or one of like seniority, status, and pay upon return to work. The employee shall apply in writing to her supervisor for leave. She is obligated to return to duty within or at the end of the time determined appropriate. If she finds she will not return to work, she should notify the College immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, may be considered a resignation. Use of Leave: 44 | P a g e Revised 8/24/15 Leave Without Pay – Leave without pay is an available option provided for the time before an employee is disabled and the period of time after disability ends but before returning to work. Sick Leave – Accumulated sick leave is an available option provided for the actual period of temporary disability caused by or contributed to pregnancy or childbirth in the same manner as for other temporary disabilities. The attending physician should furnish the period of temporary disability. Annual Leave – Annual leave may be exhausted before going on leave without pay. If the period of annual leave overlaps with the period of temporary disability, annual leave may be exhausted until sick leave begins and the balance may be exhausted after sick leave is exhausted. The employee will retain all accumulated unused sick leave, retirement status, and time earned toward the next increment during the period of leave without pay. The employee will continue to earn sick and annual leave during the period of paid leave. O. Military Leave Policy Beaufort County Community College complies with the Uniformed Services Employment and Re-employment Rights Act (USERRA) and N.C.G.S. 127A-202.1 which provides certain re-employment rights and benefits for military personnel. Leave shall be granted to employees of the College for certain periods of service in the uniformed services. 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 the Uniformed Services. Definitions Following are definitions of terms used in this policy: Term 45 | P a g e Definition Revised 8/24/15 Service in the The performance of duty on a voluntary or involuntary Uniformed Service basis in a 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. service in or training for the National Disaster Medical System National Guard 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 disaster-response 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 Covered Employees Full-time or regular part-time and employees are eligible for military leave. Temporary, intermittent, and part-time (not regular) 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. 46 | P a g e Revised 8/24/15 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) 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, annual/bonus leave or leave without pay. Additional military leave needed for training shall be charged to annual/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 annual/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. Notification The College may require the employee to provide notification of upcoming duty and/or schedule changes as soon as known. 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. 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 salary. This includes special activities of the National Guard, usually not exceeding one day, when so authorized by the Governor or his authorized representative. 47 | P a g e Revised 8/24/15 (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 pay increases should be included in the differential pay. Notification Required for Full Pay or Differential Pay The College 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. Leave Options Prior to the 30 days of full pay and the differential pay, the employee may choose to have accumulated annual/bonus leave paid in a lump sum (maximum of 240 hours of annual 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 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 annual leave. If the employee does not return to employment with the College, annual leave earned while on reserve active duty will be paid in accordance with the Annual 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. Health Insurance - When on State duty, the College continues to pay for health coverage for members of the National Guard. When on Federal active duty, the College 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 annual leave, the College also pays for coverage while exhausting leave. 48 | P a g e Revised 8/24/15 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 the above sections. 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 the College 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 reinstated in employment with the College, 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. The College is 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 49 | P a g e Revised 8/24/15 The College 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 annual/bonus leave paid in a lump sum (maximum of 240 hours of annual 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 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 annual 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 College 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 annual leave, the College 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. 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 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 50 | P a g e Revised 8/24/15 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 College 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. Duty status may be verified with the Office of the Adjutant General, North Carolina National Guard, ATTN: Vice Chief of Staff - State Operations (VCSOP). REINSTATEMENT The College 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 51 | P a g e Revised 8/24/15 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 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 College. 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 It is assumed that an employee had at least satisfactory performance when placed on military leave; therefore, any pay increases should be included in the reinstatement pay. Revised 11/6/13 P. Personal Leave Policy Each full-time curriculum faculty member will be permitted to take a maximum of 16 hours of personal leave per year with the following conditions: Personal leave shall not be cumulative. 52 | P a g e Revised 8/24/15 Each day of personal leave may be made up during established faculty vacation periods or charged to sick leave. The personal leave day, the date on which the leave day will be made up, and written documentation on how the assignments are to be completed, must have prior approval of both the Dean and the Vice President of Academics. Personal leave must be taken in increments of at least 4 hours. The personal leave should be reported on the “Absence Report” form and submitted to the Vice President of Academics. Full-time faculty with a nine month or more contract who do not earn annual leave may use up to two days sick leave per year for personal reasons. Suitable arrangements must be made to cover classes and the leave must be approved by the supervisor. Faculty are not encouraged to use their sick leave in this way unless absolutely necessary. Q. Sick Leave Full-time regular and full-time temporary employee’s scheduled to work 40 hours per week and working (or on paid leave) for one-half or more of the regularly scheduled workdays in any month earn sick leave computed at the following rates: Hours Earned Each Month 8 Hours Earned Each Year 96 Days Earned Each Year 12 Advance BCCC advances sick leave not to exceed the amount an employee can earn during the current fiscal year. Verification of Sick Leave BCCC may require a statement from a medical doctor or other acceptable proof that the employee was unable to work to avoid the abuse of sick leave privileges. Acceptable Uses of Sick Leave Illness or injury of an employee which prevents the employee from performing his/her usual duties. A maximum of three days in case of death in the employee’s family. Medical appointments Quarantine due to a contagious disease in the employee’s immediate family. The actual period of temporary disability connected with child bearing. Illness of a member of an employee’s immediate family. Non-Transferable 53 | P a g e Revised 8/24/15 Sick leave is non-transferable to any other type of leave. Accumulation Sick leave is cumulative indefinitely. Separation Sick leave is not allowable in terminal leave payments when an employee separates from service from the College. An employee’s final paycheck will be reduced by the amount of any overdrawn leave on a day-for-day basis. Sick leave should be exhausted before an employee goes on leave without pay because of an extended illness. While an employee is exhausting sick leave, he/she earns benefits for which he/she is entitled. Reinstatement Sick leave will be reinstated when an employee returns from authorized leave without pay or when re-employed if those balances have not been transferred to another agency or the state retirement system. Leave records will be retained for the applicable records retention period. Transfers of Sick Leave from Other Institutions Sick leave balances from other state agencies may be transferred to BCCC. Retirement Credit: The retirement system allows, at no cost to the employee, one month of service credit for each 20 days of unused sick leave when an employee retires. One more month is allowed for any part of 20 days left over. For other rules related to the use of sick leave for retirement service credit please contact the State Retirement System. Revised 11/6/13 R. Voluntary Shared Leave Program Policy Policy In cases of a prolonged medical condition an employee may apply for or be nominated to become a recipient of leave transferred from the vacation leave account of another employee or from the sick leave or vacation account of an immediate family member as defined below. For purposes of this policy, prolonged medical condition means medical 54 | P a g e Revised 8/24/15 condition that is likely to require an employee’s absence from duty for a period of at least 20 consecutive workdays. 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 12 months, BCCC may make an exception to the 20 day period. For the purposes of this policy, immediate family is defined as: Spouse – a husband or wife; Parent; o A biological or adoptive parent, or o An individual who stood in loco parentis (a person who is in the position or place of a parent) to employee when the employee was a child, or o A step-parent, or o In-law relationships; Child – a son or daughter who is: o A biological child, or o An adopted child, or o A foster child (a child for whom the employee performs the duties of a parent as if it were the employee’s child), or o Step-child (a child of the employee’s spouse from a former marriage), or o A legal ward (a minor child placed by the court under the care of a guardian), or o A child of an employee standing in loco parentis, or o In-law relationships; Sister or brother – biological, adoptive (including step-, half-, or in-law relationships); Grandparents, great grandparents, grandchildren, great grandchildren (including step relationships); and Other dependents living in the employee’s household. An employee who receives benefits from the Disability Income Plan of North Carolina (DIPNC) is not eligible to participate in the shared leave program. Shared leave, however, may be used during the required waiting period and following the waiting period provided DIPNC benefits have not begun. Participation in this program shall be limited to 1,040 hours, (prorated for part-time employees), either continuously or, if for the same condition, on a recurring basis. However, management may grant employees continuation in the program, month by month, for a maximum of 2,080 hours, if management would have otherwise granted leave without pay. An employee on workers’ compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program. Use of donated leave under the worker’s compensation program shall be limited to use with the supplemental leave schedule as follows: 55 | P a g e Revised 8/24/15 After an employee has gone on worker’s compensation leave, the weekly benefit may be supplemented by the use of partial sick or vacation leave, earned prior to the injury, in accordance with a schedule that is based on a formula designed to ensure that the monetary amount of leave an employee may supplement, combined with the workers’ compensation benefit, is as close as possible to the employee’s net pay after State and Federal taxes. The employee shall exhaust all available leave before using donated leave. Non-qualifying conditions: This leave does not apply to short-term or sporadic conditions or illnesses that are common, expected or anticipated. This includes 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 the intent of this policy and must be applied consistently and equitably. Administration Establishment of a leave “bank” for use by unnamed employees is prohibited. Leave shall be donated on a one-to-one personal basis. Qualifying to Participate in Voluntary Shared Leave Program Policy In order to participate in the Voluntary Shared Leave Program, an employee shall meet the following conditions: A donor or recipient shall be a full-time employee, eligible to earn leave. A recipient shall apply or be nominated by a fellow employee to participate in the program (A Voluntary Shared Application Form is available in the human resources office), A recipient shall produce medical evidence to support the need for leave beyond the available accumulated leave, and The President shall review the merits of the request and approve or disapprove according to the rules of this policy. Donor Guidelines An immediate family member donor of the college may contribute annual leave or bonus leave or sick leave to another immediate family member in any State agency, public school or community college that will accept the transfer. A non-family member donor may contribute annual or bonus leave to another employee in any State agency, public school or community college that will accept the transfer. Immediate family was defined earlier in this policy. The minimum amount of sick leave or annual leave to be donated is four hours. An employee family member donating sick leave to a qualified family member under the 56 | P a g e Revised 8/24/15 Voluntary Shared Leave program may donate up to a maximum of 1040 hours, but may not reduce the sick leave account below 40 hours. The maximum amount of annual leave allowed to be donated by one individual is the amount of the individual’s annual accrual rate. However, the amount donated shall not reduce the donor’s annual leave balance below one-half of the annual leave accrual rate. Bonus leave may be donated without regard to this limitation. An employee may not directly or indirectly 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 annual leave under this program. Such action by an employee shall be grounds for disciplinary action up to and including dismissal on the basis of personal conduct. Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. The employee donating may not receive remuneration for the leave donated. Revised 11/6/13 S. Working Hours Non-Teaching Personnel: Full-time non-teaching personnel are normally expected to work from 8:00 a.m. to 5:00 p.m. Monday through Friday. Hours for some personnel will vary due to College needs. Faculty: Full-time faculty will schedule no fewer than 30 work-related hours on campus each week for teaching, advising, student consultations, class preparation, committee assignments, etc. Non-work-related activities, such as lunch and personal appointments, should not be included in the 30 hours. Under normal circumstances, instructors should schedule the 30 hours on campus over a five-day, Monday through Friday, workweek. Exceptions to the five-day, on campus policy may be made by Dean with the approval of the Vice President of Academics. To ensure faculty availability to students, instructors should schedule at least five office hours each week. All faculty must submit an “Instructor’s Weekly Schedule” to their Dean in addition to posting a copy outside their office at the beginning of each semester. After approval by the Dean copies of all schedules should be forwarded to the Vice President of Academics. Any exceptions to the above policy must be recommended by the Dean and approved by the Vice President of Academics. 20. Length of Employment The length of an employee’s contract is dictated by the needs of the College. 21. Longevity Pay for College Personnel 57 | P a g e Revised 8/24/15 In accordance with the provisions of Sections 44(3), Chapter 802, 1977 Session of the General Assembly, and as amended by Section rules and regulations are hereby adopted by the State Board of Education for the implementation of longevity pay for Community College System personnel. Annual longevity pay amounts are based on the length of aggregate service to the State of North Carolina, community colleges and technical institutes, and public schools are designated in Subsection (b)(6) of this rule and a percentage of the employee’s annual rate of pay on the date of eligibility. Longevity pay amounts are computed by multiplying the employee’s annual salary rate by the appropriate percentage, rounded to the nearest dollar, in accordance with the following table: Years of Aggregate State Service 10 but less than 15 years 15 but less than 20 years 20 but less than 25 years 25 or more years Longevity Pay Rate 1.50 percent 2.25 percent 3.25 percent 4.50 percent Longevity pay is not considered a part of annual base or contract pay nor is it to be represented in personnel and payroll records as part of annual base salary. (Salary increases effective on the same date as the longevity eligibility date shall be incorporated in the base pay before computing longevity). Longevity payments shall be made in a lump sum and are subject to the statutory deductions. Payment shall be made during the monthly pay period in which the employee has satisfied eligibility requirements to receive longevity pay. This includes employees on workman’s compensation leave. For eligibility requirements and other details of the plan, contact the Human Resources Office. 22. Medical Emergency Procedures The Emergency Coordinator for each building will maintain an updated faculty roster of office and classroom assignments. This roster will designate where each instructor is teaching class by building and room number. It will also designate each instructor’s office hours. This roster will be updated at the beginning of each semester. An updated office or room assignment for all staff members will also be maintained in this file and updated at the beginning of each academic year. In Case of a Medical Emergency In the event individuals become injured or experience a medical emergency on campus, the following procedure should be carried out: 58 | P a g e Revised 8/24/15 Dial 9-911 first if the situation appears life threatening Tell the switchboard operator: Your name The exact location of the individual needing assistance What symptoms the individual is displaying or what injuries the individual has sustained If you need rescue First Aid Stations are located in each building. Each kit is equipped with a blood pressure cuff and stethoscope. The kit locations are as follows: Building 1 Switchboard & Print Shop (Room 118) Building 2 Room 103 (first aid supplies) & Room 104 (Blood pressure cuff & Stethoscope) Building 3 Room 111 Building 4 Administrative Assistant’s Office & Welding Shop Building 5 LRC (circulation desk) Building 6 Open Shop Area Building 7 Open Shop Area Building 8 Room 802 – file cabinet Building 8A Main Shop & Outboard Motor Shop Building 9 Room 918 Building 10 Room 1018 Building 10B Building 11 Cosmetology Room 1105 & Allied Health Office Suite 1128 Building 12 Receptionist Room 1221 BCCC faculty and staff members should take universal precautions by wearing gloves, masks, protective eyewear, etc. prior to offering any type of assistance. This equipment is available in the blood borne pathogen spill kits in the janitor’s closet in each building. The campus police will document all incidents where an individual is injured on campus, no matter what the extent. All members of the campus community should contact the campus police anytime someone is injured in their work area, even in cases of general first aid, especially if there have been individuals exposed to blood or other body fluids. If a blood spill occurs, the Director of Facilities and Grounds should also be contacted and a maintenance/custodial worker will be dispatched to the scene to clean the area with a professional blood borne pathogen spill kit. 23. Nepotism Present and prospective employees shall be evaluated on the basis of individual merit, without respect to race, gender, religion, national origin, or any other factors no involving professional qualifications and performance. The following restrictions have been adopted, to avoid the possibility of favoritism based on family relationships: 59 | P a g e Revised 8/24/15 BCCC shall not employ two or more persons concurrently who are closely related by blood or marriage in positions which result in one person or such family relationship supervising another closely related person or having a substantial influence over employment, salary or wages, or other management or personnel actions pertaining to the close relative. “Closely related” is defined to mean mother, father, brother, sister, son, daughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-inlaw, grandmother, grandfather, grandson, granddaughter, uncle, aunt, nephew, niece, husband, wife, first cousin, step-parent, step-child, step-brother, stepsister, guardian, or ward. With respect to the concurrent service of closely related persons within the same academic department or other comparable institutional subdivision of employment, neither relative shall be permitted, either individually or as a member of a committee, to participate in the evaluation of the other relative. 24. Pay Dates Payday for all employees is the last working day of each calendar month. This day is subject to change based on requirements from the North Carolina Community College System, the Governor’s office, or the State Treasurer’s Office. 25. Personnel Actions Policy A. Dismissal for Good Cause – Rev. & Board Approved 04/01/14 The President may dismiss any employee of the College prior to the expiration of an annual contract for good cause which shall include but not be limited to the following permissible reasons: Failure to perform competently, and/or in keeping with the administrative practices of the College, the duties of the position for which he/she was employed. Failure to serve in capacities complimentary to his/her related position, such as student advisor, committee members, etc. Conviction of a crime involving moral turpitude or conviction of a felony. Failure to obtain or maintain a current license or certificate required by regulations of an appointing agency or law as a condition for performing the job. Failure of an instructor to regularly meet scheduled classes and appointments. Chronic absenteeism, absence without approved leave, and/or improper use of leave. Insubordination or failure to cooperate with other employees to the extent that, in the opinion of the President, dissension interrupts the orderly performance of duties. Failure to comply with rules, regulations, and policies of the NC State Board of Community Colleges, the Board of Trustees of Beaufort County Community College, or lawful directives of the President. 60 | P a g e Revised 8/24/15 The manufacture or production, the sale, delivery or transfer, or the use or possession, of a controlled substance while on the job or on College premises, including off-campus extension classrooms or work areas. Reporting to work or appearing at any time on the properties of Beaufort County Community College in a drunken or intoxicated state that would result in loss of driving privileges under NC General Statute 20-138, Persons Under the Influence of Intoxicating Liquor. The violation of the Drug Free Workplace and Sexual and Other Unlawful Harassment Policies of the College or the commission of any act prohibited thereby; or the failure to abide by the terms of any disciplinary action or probationary status imposed pursuant to said policies. Other Reasons for Termination of Employment/Dismissal for Good Cause The employment of any Beaufort County Community College employee may be terminated by the President because of: Demonstrable, bona fide institutional financial exigency or Curtailment or elimination of a teaching or public service program. Any other provision in the employee’s contract of employment which provides for termination. The determination of whether a condition of financial exigency exists or whether there shall be a curtailment or elimination of a teaching or a public service program shall be made by the President. Disciplinary Actions Prior to the dismissal of an employee, the following steps should generally be followed: Step 1 – Documented verbal warning. Step 2 – Written warning to be signed by employee and supervisor and placed in the employee’s personnel file. Step 3 – Written notification of required corrective action following the College’s approved template. This step may be combined with Step 2. Adequate time after Step 3 must be given to allow the employee an opportunity to correct actions/performance prior to moving to Step 4. Step 4 – Recommendation to the President for dismissal of employee. If approved, the next step would be the Pre-Dismissal Hearing. The President has the authority to bypass this process based on the severity of the employee issue, and may proceed immediately to Pre-Dismissal procedures as set forth herein. Pre-Dismissal Hearing 61 | P a g e Revised 8/24/15 Before an employee may be dismissed, a pre-dismissal hearing shall occur. The purpose of the pre-dismissal hearing is to inform the employee of the allegations made against him/her and to give the employee the opportunity to respond to the allegations. The president shall schedule and conduct a pre-dismissal hearing with the employee. A second management representative or security personnel may be present at the president’s discretion. No attorneys representing either side may attend the hearing. The president, in the hearing, shall give the employee notice of the allegations made, including the specific reason(s) and a summary of the information supporting these allegations. The president shall inform the employee of the possible termination of his/her employment. The employee shall have the opportunity to respond to the proposed dismissal, to refute information supporting the allegations, and to offer information or arguments to support his/her position. Every effort should be made to assure that the employee has a full opportunity to set forth any information in his/her possession in opposition to his/her dismissal prior to the end of the hearing. Following the conference, the president shall review and consider the information presented by the employee and confer with the employee’s supervisor or other administrative staff. If it is determined that dismissal is justified, a dismissal letter shall be prepared, delivered or mailed, containing the specific reason(s) for the dismissal, effective date, and employee’s appeal rights. Appeal of Dismissal Employees of BCCC have the right to appeal dismissals for good cause. Appeals are taken as follows: A. The Personnel Committee of the Board of Trustees has original jurisdiction over employee appeals. 1. The employee shall file written notice of appeal with the Chairman of the Personnel Committee of the Board of Trustees no later than ten business days after his/her notice of dismissal from the President. 2. The Notice of Appeal shall contain a concise statement of the reasons the employee feels that the dismissal was wrongful or in error. It shall name all persons known to the employee who participated in such action or determination and shall contain written evidence of the employee’s contentions. 3. Upon receipt of the employee’s notice of appeal, the Chair of the Personnel Committee shall set a meeting of the Personnel Committee at a time as soon as practicable but not more than thirty (30) working days from receipt of the notice of appeal to consider the appeal. 4. If the Personnel Committee determines that the appeal will not be heard, the employee will be notified in writing within seven (7) days following the meeting that the decision of the President stands. 5. If the Personnel Committee agrees to hear the employee’s appeal, the hearing shall take place before the Personnel Committee meeting in executive session. 62 | P a g e Revised 8/24/15 6. 7. 8. 9. 10. 11. 12. 13. A tape or stenographic record of the hearing shall be made by and the Chair of the Personnel Committee shall appoint a reporter who shall have the duty of preparing a summary of the evidence presented to the Personnel Committee. It shall not be necessary to prepare a verbatim transcript of the proceeding before the Personnel Committee. The proceedings shall be recorded and the recordings preserved in accordance with state and federal law. Each party’s presentation shall be subject to time limits and policies as established at the discretion of the Personnel Committee Chair. The employee shall be permitted to present witnesses and evidence and to cross examine witnesses. The employee shall have the right to be represented by counsel at the hearing. The employee shall have the burden of persuading the Personnel Committee that the dismissal was not for good cause as set out above. Following the presentation of evidence by the employee, the College administration shall present such relevant evidence as it chooses to establish that the dismissal was for good cause as set out above. The College has the right to be represented by counsel at the hearing. At the conclusion of the presentation of evidence by the administration, the employee shall be given the opportunity to present relevant rebuttal evidence. Within seven (7) working days of the conclusion of the hearing, the Personnel Committee shall make its written recommendation to the President whether the decision to dismiss the employee was for good cause. Once the President receives the written recommendation of the Personnel Committee, the President, after reviewing said recommendation shall decide whether to re-instate the employee or uphold the dismissal. The decision of the President shall be final, and the employee’s extrajudicial remedies shall have been exhausted. B. Non-Renewal Not later than 30 calendar days prior to the expiration of the employee’s contract of employment, he/she will be notified by certified letter, delivered to his/her residence address on record at the College of the intent of the President not to tender a new contract of employment for the subsequent employment period. Failure to give notice within 30 days does not result in automatic renewal of the contract or prejudice to the College. The thirty day time period is merely a guideline, and may be a shorter period based upon the circumstances surrounding the non-renewal, for instance, in those situations in which there is a discontinuation or reduction in a program due to lack of adequate funding or number of students becoming known less than 30 days prior to the contract expiration date. Non-renewal of employment contracts is within the sole discretion of the College officials, and all non-renewal determinations will be based on the best interest of the College and shall be made in accordance with applicable law and College policies. Factors to be considered in non-renewal of a contract of employment include, but are not limited to, program changes, financial exigency, reduced enrollment, and any other factors deemed 63 | P a g e Revised 8/24/15 relevant to total institutional interests. The decision not to renew an employee’s contract at the conclusion of a contract period is committed, without further recourse, to the judgment of the College officials authorized to make the non-reappointment determination, and the decision not to reappoint a contractual employee at the conclusion of a contract period may not be appealed through the College’s Personnel Actions – Appeal of Dismissal Policy or otherwise; however, if for some reason the opportunity for a hearing is required by law in connection with an employee’s non-reappointment, any appeal will be conducted in accordance with the College’s Personnel Actions – Appeal of Dismissal Policy. The BCCC employment contract itself constitutes the sole agreement of employment as well as representing the entire period of employment. In no instance is automatic continuation or renewal of the contract specified or implied anywhere in any of its provisions. C. Suspension There shall be no instances of suspension with pay. When, in the opinion of the president, an infraction of the stated reasons for dismissal as outlined under “Dismissal” has occurred but is not sufficient magnitude to warrant dismissal, an employee may be suspended without pay for a specified length of time. Suspension without pay shall take place in the event of and at the time of an employee being formally charged with a crime involving moral turpitude or a felony; such suspension to be ended at the time of settlement of the charges with the employee being reinstated without back pay in the event of his/her exoneration, or with dismissal from employment in the event of his/her conviction. The procedures as outlined under dismissal shall be followed for suspensions. Revised and Board Approved 04/01/14. 26. Personnel Files Beaufort County Community College maintains personnel files for its employees and former employees. A personnel file consists of any information gathered by the College relating to the individual’s application for employment, including the application itself, selection, promotions, demotions, transfers, leave, salary, suspension, performance evaluation forms, disciplinary actions, and termination of employment. The Human Resources Office will maintain custody of all personnel records. Records Open to the Public The following information is kept on each employee and is available to the public from the Director of Human Resources in compliance with G.S. 126-23 and 115D-28. Name 64 | P a g e Revised 8/24/15 Age Date of original employment or appointment The terms of any contract by which the employee is employed whether written or oral, past or current, to the extent that the board has the written contract or a record of the oral contract in its possession. Current position Title Current salary Date and amount of each increase or decrease in salary with the community college. Date and type of each promotion, demotion, transfer, suspension, separation, and other change in position classification with the community college. Date and general description of the reasons for each promotion with the community college. Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the community college. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the board of trustees setting forth the specific acts or omissions that are the basis of the dismissal. The office or station to which the employee is currently assigned. Any person shall be permitted to inspect and examine and have copies made by every person having custody of the records during regular business hours. Any person who is denied access to any record for the purpose of inspecting, examining or copying the record shall have a right to compel compliance with the provisions of this section by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief. Copies will be provided of these records at a cost per page. Items Not Open to the Public All information in an employee’s personnel file not specified above is confidential and is not made available for inspection except to the following persons: The supervisor of the employee, which includes any individual or board in the chain of administrative authority above the employee, and members of a hearing panel trying to resolve a grievance of the employee; Members of the General Assembly by the authority of General Statute 120-19. A party by authority of a proper court order; An official of an agency of the federal, state, or local government when the President of the College determines that the record sought is necessary and essential to the pursuance of a proper function of the requesting agency. However, confidential information from an employee’s personnel file shall not be released to a government official to assist in a criminal prosecution or in a tax investigation. The current employee or a person designated in writing by the current employee as his/her agent. However, an employee or his/her agent may not be given access to letters of reference solicited before employment or to information concerning a medical disability that the physician furnishing the information has indicated not be disclosed to the employee. An employee may designate, in writing, a licensed 65 | P a g e Revised 8/24/15 physician to whom he wishes the medical record be disclosed. A 24-hour notice must be given to the Director of Human Resources. Any person needing specified information in an emergency if the current employee has consented to emergency release of information. Any person requesting access to confidential information will be required to submit satisfactory proof of identity to the Director of Human Resources. Beaufort County Community College maintains in each employee’s personnel file a record of disclosure of confidential information, except disclosures to the employee himself/herself and to supervisors. No official report or any derogatory statement about an employee of the College shall be filed unless the employee is given an exact dated copy or has the opportunity to read and sign the filed copy. Further, each College employee has the right to submit a response to any report he/she considers to be derogatory and that response shall be attached to and filed with the report or statement. Also, each employee shall be allowed to place in his/her personnel file material which attests to his/her professional competence. Correcting Records If a current employee objects to material in his/her file, the employee may seek to have material removed in accordance with the due process procedures of the College. A current employee may also place in his/her file a statement relating to the material considered to be misleading. Revised 10/5/10 27. Political Activities of College Employees As an individual, each employee of Beaufort County Community College retains all rights and obligations of citizenship provided in the Constitution and laws of North Carolina and the Constitution and laws of the United States. Therefore, the Board of Trustees encourages employees of the College to exercise their rights and obligations of citizenship. Except for the President, the following criteria shall control the political activities of BCCC employees: Any employee who decides to run for a public office shall notify the Board of Trustees through the President of his/her intent to run and certify that he/she will not campaign or otherwise engage in political activities during his/her regular work hours or involve the College in his/her political activities. Any employee, who is elected to a part-time office, shall certify through the President to the Board of Trustees that his/her office will not interfere with his/her carrying out duties of his/her position with the College, or request leave. 66 | P a g e Revised 8/24/15 Any employee, who is elected or appointed to a full-time public office or the General Assembly, shall be required to take a leave of absence without pay upon assuming that office. The length of the leave of absence shall be determined by the local Board of Trustees. Any employee who becomes a candidate for public office shall be prohibited from soliciting support during his/her regular work hours. The employee in question is prohibited from soliciting support on College property unless otherwise authorized by the local Board of Trustees. Political Activities of College Presidents Any college president, who decides to run for public office, shall notify the local Board of Trustees of his/her intention to run and certify that he/she will not campaign or otherwise engage in political activities during his/her regular work hours or involve the College in his/her political activities. Any college president, who is elected to a part-time public office, shall certify to the local Board of Trustees that his/her office will not interfere with his/her carrying out the duties of his/her position with the College, or request leave. Any college president, who is elected or appointed to a full-time public office or the General Assembly, shall be required to take a leave of absence without pay upon assuming that office. The length of the leave of absence shall be determined by the local Board of Trustees. Any college president, who is a candidate for public office, is prohibited from soliciting support during his/her regular work hours. The president in question is prohibited from soliciting support on college property unless otherwise authorized by the local Board of Trustees. The authorization must be on a case-by-case basis. The local Board of Trustees shall notify the State Board if the college president should become a candidate for public office or if the college president is elected or appointed to a public office. Definitions as Used in this Policy Public office means any national, state or local governmental position of public trust and responsibility, whether elective or appointive, which is created or prescribed or recognized by the constitution, statute, or ordinance. Membership in the General Assembly is a full-time public office under this policy. 28. Professional Development Policy Objective This policy describes the rationale, responsibility, and implementation plan for the professional and personal development of each employee of Beaufort County Community College (BCCC). The policy recognizes the need for continued professional growth and development of all BCCC faculty and staff (now combined and referred to as BCCC staff), while also recognizing the varied roles of personnel within the College. The policy 67 | P a g e Revised 8/24/15 acknowledges that there are many acceptable ways of achieving professional growth, knowledge, and skills. Rationale BCCC recognizes that educational quality is dependent on the availability of qualified professional staff. Continued professional growth and development of staff is necessary for BCCC to continue to provide educational programs which Include new developments and knowledge in academic disciplines; Reflect new instructional programs, techniques and strategies, and Meet changing needs and expectations of students and citizens of the BCCC service area. Responsibilities All staff are responsible for their own continued professional and personal development. Each employee must assume responsibility for development, take the initiative, and monitor his/her own progress. The supervisor’s role should be to guide, approve, support, and evaluate the employee’s individual development plan. It is essential that the College provide for planned, organized staff development activities to encourage professional growth in accordance with the College’s mission and goals. BCCC provides opportunities for staff members to determine their own development needs in consultation with their supervisors, determine individual goals, and implement their individual development plan. The professional development plan includes advanced studies and education leave; participation in conferences and workshops, seminars, return-to-business or industry experiences; agency internships, and other advancement/enrichment activities. Definitions Professional Development is planned, comprehensive program of activities designed to promote personal and professional growth. Personal growth activities are focused on the improvement of people, including their attitudes about themselves, their jobs, and their personal lives. Professional growth activities are concerned with the improvement of job-related skills, knowledge, and attitudes. The following activities constitute professional development: Seminars Curriculum classes Continuing Education classes Lunch and Learn Series Teleconferences 68 | P a g e Revised 8/24/15 Research Activities Conferences Workshops Return-to Industry In-service Training Other (as agreed upon by employee/supervisor) Requirements of BCCC Professional Development Plan At the time of annual evaluation, each employee and his/her supervisor will agree upon an Individual Professional Development Plan for the upcoming year. The Plan will be kept by the employee’s supervisor and will become an integral part of the employee’s annual evaluation. The required minimum number of annual professional/personal development hours by employee classification are as follows: Senior Administration 15 hours Faculty 15 hours Professional Staff 15 hours Technical Staff 8 hours Clerical Staff 8 hours Maintenance/Custodial Staff 5 hours An hour is defined as 50/60 minutes of study or development activity. Fifty (50) percent of the required hours may be carried over per year Part-time employees are encouraged, but not required, to participate in the BCCC Professional Development Plan, unless required by their immediate supervisor. Documentation of participation and/or required attendance will be agreed upon by each employee and his/her supervisor (e.g., a grade of “C” or above, certificates, registration verification, reports, invoices, etc.) except as required by State of North Carolina and/or NCCCS reimbursement policies when expense reimbursement is requested/pre-approved. Supervisors will develop a manpower coverage plan for their own areas so that leave/release time can be made available to employees for their participation in professional development activities. It is recommended that the following sequence for individual professional development planning be considered: Winter: Individual employee’s personal needs assessment Winter/Spring: Evaluation conference with supervisor Spring: Personal Professional Development Plan, approved by supervisor Spring to Spring: Implementation of plan. Procedure Professional Development Funding The College and Professional Development Committee will make every effort to encourage professional development by providing funding for professional development activities. Use of these funds will be determined and approved by individual supervisors 69 | P a g e Revised 8/24/15 in consultation with each employee. See the Tuition Reimbursement Policy for additional information. 29. Professionalism College employees should exemplify professionalism in all activities. College employees should strive to become part of professional and social organizations that are directly related to his/her job. College employees should seek ways to advance and enrich their respective discipline and total education by engaging in academic courses and conferences. 30. Qualifications The president in coordination with senior administrators and position supervisors will determine appropriate qualifications and credentials for full-time and part-time positions. 31. Reduction in Force Policy The President has the right to reduce College personnel in the event of (1) decline in student enrollment, (2) financial exigency, or (3) program or organizational changes for demonstrable, bona fide institutional reasons. The College is committed to rational, consistent and non-discriminatory means of providing for an orderly reduction in College personnel. All contract terminations resulting from a reduction in force circumstances must be made in accordance with the provisions provided in this section. Definitions The following terms shall have the meanings indicated: “Reduction in force” shall mean the cessation of employment of an employee(s) before the end of an appointment, transfer to a lower paying position; reduction to part-time employment; or reduction in pay; for reasons of enrollment decline; financial exigency, or program change. “Employee” shall mean any individual providing services to the College under an employment contract. This shall include full-time, part-time, salaried or hourly paid individuals. It shall include any agency or institution under a contractual agreement to provide instruction. “Decline in student enrollment” shall mean a reduction in student enrollment in a particular program area, both curriculum and non-curriculum, which necessitates the elimination, curtailment, or reorganization of the program when the beginning student enrollment is insufficient to justify its initiation. “Financial exigency” shall mean a demonstrable, bona fide reduction in the College’s financial resources that is brought about by a decline in enrollment or by other actions or events that compel a reduction in the College’s operating budgets. “Program or organizational change” shall mean any elimination, curtailment, or reorganization of a program or division within the College, the reasons for which 70 | P a g e Revised 8/24/15 are not related to decline in student enrollment or financial exigency but are related to a demonstrable, bona fide institutional circumstances. “Day,” except where calendar day is specified, shall mean every day including Saturday, Sunday, and faculty work days, but does not include official College holidays. “College or Institution” shall mean Beaufort County Community College. “Board” shall mean the Board of Trustees of Beaufort County Community College. Procedures The President shall monitor the availability of financial resources, program needs, College enrollment, and staffing requirements. If the President, decides that (i) a state of financial exigency exists or is imminent, or a significant decline in student enrollment has occurred or should seriously be considered and (ii) termination of employment of one or more employees may be required as a consequence of any of these circumstances, he/she shall prepare a statement that identifies with reasonable particularity the state of financial exigency, decline in student enrollment, or the program, or organizational change. The statement shall outline in terms as specific as circumstances permit, the options readily apparent to the President at the time, including any options that would or might involve termination of employment. The following prioritized determination criteria shall be utilized. o Necessity to College operations in order to maintain a sound and balanced program consistent with the purpose of the College. o Employee performance. o Relative skills, knowledge, productivity and value of employee. o Degrees held, where applicable. o Seniority, when applicable. If the President acts to terminate the employment of one or more employees, he/she shall give written notice of that fact by registered or certified mail, return receipt requested, to the employee(s) to be terminated. The notice shall include a statement of the conditions requiring termination, a general description of the procedures followed in making the decision, and a disclosure of pertinent financial or other data on which the decision was based, and the date of separation which shall not be less than thirty (30) calendar days after the employee receives notice of the President’s action. Due Process Within ten (10) calendar days after receiving a notice of termination, an employee may request a review of the President’s action by the Board, which may, in its discretion, refer the matter to a hearing committee appointed by the Board, charged with conducting hearings on a Reduction in Force. The hearing shall be held solely to determine whether the decision to terminate was arbitrary or capricious with respect to the individual. The request for review must be in writing and addressed to the Chair of the Board. It must specify the grounds on which it 71 | P a g e Revised 8/24/15 is contended that the decision was arbitrary or capricious and must include a short, plain statement of facts that the employee believes support the contention. Submission of such a request constitutes on the part of the employee (i) a representation that he/she can support his/her contention by factual proof and (ii) an agreement that the College may offer in rebuttal of his/her contention any relevant data in its possession. The Board shall consider the request and shall grant a hearing if it determines (i) that the request contains a bona fide contention that the decision to terminate was arbitrary or capricious and (ii) that the facts suggested the contention. A denial of the request finally confirms the decision to terminate, and the Board shall so notify the employee. If the request is granted, a hearing shall be held within ten (10) days after the request is received; the employee shall be give at least five (5) days notice of the hearing. The hearing shall be conducted informally and in private, with only the members of the Board or the hearing committee appointed by the Board, the employee, the President, the division deans, and such witnesses as may be called. In addition the employee and the President may each be accompanied by a person who may give council but may not participate directly in the hearing. A quorum for the purposes of the hearing shall be a simple majority of the Board’s membership, unless a hearing committee is appointed. Any Board member having a conflict of interest shall disqualify himself/herself. If requested, a transcript of the proceeding shall be made and given to the employee, together with a bill for the cost if the Chair so decides. The Board or hearing committee shall consider only such evidence as is presented at the hearing that it considers fair and reliable. Witnesses may be questioned by the Board or committee members, the employee and the President. Except as otherwise provided, the conduct of the hearing shall be under the Chair’s control. The employee shall first present contentions, limited to those specified in the request for hearing and supported by such proof as he/she decides to offer. When his/her presentation concludes, the Board shall recess to determine whether the proof established the contention, unless it is rebutted. If it determines that the contention has not been established, it shall notify the parties and conclude the proceedings. This action shall finally confirm the decision to terminate. If it decides that rebuttal is desirable, it shall notify the parties and the hearing shall proceed. The President may then present such testimony or documentary proof as he/she desires to offer, including his/her testimony. After the President completes his/her presentation, the Board or the hearing committee if so appointed, shall consider the matter in executive session. The burden shall be on the employee to satisfy the Board or hearing committee by a preponderance of the evidence that the decision to terminate was arbitrary and capricious. 72 | P a g e Revised 8/24/15 If the Board determines that the employee’s contention has not been established, it shall so notify the employee and the President. Such determination finally confirms the decision to terminate. If the Board determines that the employee’s contention has been established, it shall notify him/her and the President by a written notice which includes necessary corrective action. If the hearing committee is appointed, and the committee determines that the employee’s contention has been established, the committee chair shall notify the employee, the President, and the Board by a written notice including recommendation for corrective action to be taken by the Board. In all cases where a hearing committee has been appointed, the committee’s decision shall be advisory to the record of evidence offered before the hearing examiner, and the employee shall not have a right to a trial de novo before the Board. Obligations with Respect to Re-employment or Other Employment For one year after the effective date of a termination pursuant to these provisions, the President shall not fill the vacated position without first offering the position to the terminated employee. The offer of re-employment shall be made by registered or certified mail, return receipt requested, and the employee must accept in writing within fifteen (15) calendar days. His/her failure to do so eliminates all employment rights of the employee. An employee who is recalled within one year of termination shall have restored to him/her all of the sick leave and unused personal leave he/she had accrued to the effective date of his/her termination. Exclusive Procedure This procedure is the only one that may be used in a reduction of force. Any existing procedure for reconsidering or examining an employee discharged,, non-reappointment, or grievance is not available for considering an issue that arises for a reduction in force. Similarly, no personnel action other than a reduction in force may be considered under this procedure. 32. Resignations Policy Any employee terminating his/her services at Beaufort County Community College must submit a written notice to the President thirty days prior to departure which states his/her last workday. A copy of this notice should be sent by the employee to his/her supervisor who is responsible for notifying human resources. Clerical, maintenance, custodial staff, part-time instructors, and other support personnel may upon agreement with the president submit a minimum two week notice. Before leaving, the employee must meet with the Human Resources office to review retirement, medical and supplemental benefits, accumulated leave, exit procedures, etc. 73 | P a g e Revised 8/24/15 The Human Resources Office will notify appropriate personnel of an employee’s last work day prior to the release of the last payroll check to determine that all obligations have been met and responsibilities completed. The College pays the employer portion of the medical insurance premium during the noncontracted months on less than 12 month employees with the assumption the employee is returning for the next contract period. If the employee does not return, the following statements apply. If a full-time employee resigns after the end date of their current contract but before the beginning of the next contract, the end date of their medical and supplemental benefits may be back-dated based on the plan’s eligibility rules. This will be based on the ineligibility event date and whether or not claims have been filed on the insurance policies. If the medical insurance end date cannot be back-dated because of claims, the employee will be responsible for reimbursing the College for the employer portion of the premiums after the date the benefits should have ended. Revised 11/6/13 33. Salaries A. New Hires The Human Resources Office or the appropriate Vice President will make initial salary recommendations for their personnel. The initial salary recommendation will be calculated using a salary calculation form that is available from the human resources office. Pay rates for full-time employees will be approved by the President. Pay rates for part-time employees will be approved by the appropriate Vice President. Elements of the Plan: The following are the major factors which will serve as the basis for calculating salaries for full-time faculty and staff and some part-time staff positions: Credit for relevant work experience, both community college experience and noncollege experience. Responsibilities assigned to the employee’s position. Credit for education beyond high school, distinguishing between several levels of educational attainment. Credit for education is built into the faculty pay base. Other factors that warrant additional increases for some positions. Salary Formula: The formula below is used to calculate the estimated salary for each new full-time employee. The calculation method for part-time employees varies based on the position type for which they are being hired, ES = B X (1 + X + R + E + O) 74 | P a g e Revised 8/24/15 B – Salary Base. This figure represents the base per classification of position for staff positions. This figure represents the base per educational attainment level for faculty positions. ES – Estimated Salary. This figure will be used to determine the actual salary for an individual. The estimated salary will be converted to the nearest salary figure that is divisible by 12. X – Relevant Work Experience. Relevant work experience is calculated on the basis of all full-time work experience. Experience for new staff employees is calculated at a rate of 2% per year with a maximum of 15 years credit being allowed. Experience for new faculty employees is calculated at a rate of 0.5% per year with a maximum of 15 years credit being allowed. R – Responsibility. This figure provides additional compensation for positions of a specialized nature which have additional responsibilities. E – Education Credit. Credit will be awarded as follows for staff positions (Credit for education is built into the faculty salary base): Vocational Diploma, Certificate or Less 5% Associates Degree or Equivalent 10% Bachelors Degree 20% Master’s Degree or Education Specialist 30% Doctoral Degree 40% O – Other Factors. Part-time Curriculum Instruction (Adjunct) Pay Rates All new curriculum part-time instructors beginning employment after July 1, 2013 will be paid at the state minimum for their educational level plus 20% for prep time. This also applies for part-time instructors who have taught for BCCC previously, but last taught prior to July 1, 2012. For certain, hard to fill, positions, a percentage for market demand may be included as well. There are also exceptions made for part-time clinical nursing instructors, as additional hours are built into their contracts for prep time and for part-time BLET instructors since they only teach a portion of a course and minimal prep is required. Part-time nursing and BLET instructors will be paid at the state minimum with the 15% prep required by NCCCS. These minimums are subject to change by directive from the NCCCS. All part-time curriculum pay rates will be approved by the Vice President of Academics. Temporary Part-time Continuing Education Pay Rates Temporary part-time Continuing Education pay rates are assigned based on the Continuing Education Rate Chart. This chart was derived from the salary calculation formula above. These pay rates are approved by the Vice President of Continuing Education. There are certain situations that warrant a pay rate above those on the chart. In these instances, the rate requires approval by the President. 75 | P a g e Revised 8/24/15 B. Current Employees Salary increases shall not be granted except on July 1 or upon promotion to a higher position. Part-time continuing education instructors’ increases will be effective on January 1. Approval Process: Each year, by June 30th, senior administrators of the College will submit a memo to the President of the College listing the employees they request to be awarded a salary increase based on the criteria listed below. The President of the College has final approval of any and all salary increases and all increases are subject to budget constraints. Additional Degrees: Increases will be based on the prior year salary and will be added before applying any increases mandated by the general assembly. Only degrees from regionally accredited institutions will be accepted and the degree must be pre-approved by the College President. An employee must be able to show how the additional degree will benefit the College in the employee’s current position. The minimum percentage increases will be as follows: Vocational Diploma, Certificate or Less Associates Degree or Equivalent Bachelors Degree Masters Degree or Education Specialist Doctoral Degree 3% 4% 5% 6% 7% Additional Responsibilities: Increases from 0% to 10% can be requested for employees that take on additional job duties and responsibilities. These increases are only for job duties that change the scope of the employee’s former job. Merit: Increases from 0% to 5% can be requested for employees that are performing their job above and beyond expectations. Continuity Adjustments: Increases can be requested for faculty or staff of 0% to 10% to provide continuity in the various divisions of the College based on responsibly of the employees and the degrees they hold. 76 | P a g e Revised 8/24/15 Increases above those mandated by the General Assembly: Increases above those mandated by the General Assembly can be given to any group of employees at the College (professional staff, faculty, support staff, etc.). These will be based on budget availability. Faculty Minimum Adjustments: Increases must be given to ensure all faculty are above the minimum salaries mandated by the general assembly for the degrees that the faculty members hold. Part-time Employees (Non-regular, less than 20 hours per week): Increases can be requested for this group of employees up to the percentage mandated by the general assembly for full-time professional staff and faculty at the College. Revised 11/6/13 34. Separation Date Policy – new policy The last day of work is the date of separation, except when an employee exhausts sick and annual leave before disability retirement. Employees must be physically present at their duty station to return keys, ID badges, and all BCCC property related to employment to include transferring computer records to their supervisor. Exceptions to this policy may be granted in writing by the President. Implemented & Board Approved 10/7/14 35. Secondary Employment Full-time employees of Beaufort County Community College are responsible for receiving written approval prior to beginning secondary employment and also assuring that the “Secondary Employment” form is up-to-date and accurate by preparing a new form whenever there is a change in circumstances. The BCCC Board of Trustees approves all secondary employment activities of the President and the President has the responsibility of approving secondary employment activities of all other College employees. Policy Statement: It is the policy of Beaufort County Community College that employment responsibilities to the College are considered primary for any employee working full-time and that any other employment, including private consulting work, in which the employee chooses to engage 77 | P a g e Revised 8/24/15 is considered secondary. No secondary employment will be allowed if it is in conflict with the employee’s primary employment or if it would impair the employee’s ability to carry out his/her primary employment job duties and responsibilities. Approval of secondary employment may be withdrawn at anytime. Conflict of Interest: Secondary employment may not directly or indirectly cause a conflict of interest with employment at Beaufort County Community College. Secondary employment may also not impair in any way the employee’s ability to perform all expected duties or ability to make decisions and carry out the responsibilities of the employee’s position. Secondary Employment Activities to Avoid: Any activity that would make it difficult for the public to discern whether the employee is engaged in primary employment or secondary employment. Compensation through secondary employment for services that ought to be provided as a part of primary employment responsibilities. Use of College equipment, materials, or facilities in the furtherance of secondary activity. Activities that will impair the physical stamina and mental attentiveness necessary to perform an employee’s primary employment activity. Engaging in secondary employment during College work hours. Consequences of not reporting: Failure to provide accurate information and/or required approvals regarding secondary employment may be considered unacceptable personal conduct and could make an employee subject to discipline up to and including dismissal. Definitions: Primary Employment – An employee’s full-time job with Beaufort County Community College. Secondary Employment – Work for compensation from any source other than Beaufort County Community College. This includes self-employment and ownership of a business. It includes pay by salary, wages, commissions, sales income, goods, services, travel benefits, room, board or anything else of value. If there are any questions as to whether a give activity constitutes secondary employment, it is the responsibility of the employee to bring the question to the College’s Human Resource Office for resolution of the question. 78 | P a g e Revised 8/24/15 36. Sexual & Other Unlawful Harassment Beaufort County Community College is committed to providing a work environment free of unlawful discrimination and harassment. Beaufort County Community College strongly disapproves of, and will not tolerate, unlawful harassment, including sexual harassment. This policy applies to conduct occurring in the workplace and/or in other setting where Beaufort County Community College employees may be in connection with their work, such as business trips, and business related parties and social events. All persons are expected to refrain from engaging in conduct, which may be construed as unlawful harassment or sexual harassment. Likewise, each person is expected to take the necessary steps to prevent and eliminate its occurrence. This policy prohibits unlawful harassment in any form, including sexual harassment, harassment related to race, color, age, ethnicity, religion, disability, sexual orientation, and any other legally protected characteristic. Sexual harassment includes unwelcome sexual advances, requests for sexual acts or favors, or other verbal or physical conduct of a sexual nature when (i) submission or rejection of such conduct is a term or condition of employment or is a basis for employment decisions, or (ii) such conduct has the purpose or effect of unreasonably interfering with an individual’s working conditions or performance by creating an intimidating, hostile, humiliating or offensive work environment. While in some cases individuals may make comments, jokes or personal advances without intending harm, such action can be unwanted, threatening and perceived as harassment. Stopping harassment in its many forms requires an increased awareness by everyone of the impact that such actions may have on others. Following is a partial list of unwelcome behavior that may be considered harassment: Verbal conduct such as racial or ethnic epithets, derogatory jokes or comments, slurs, sexual innuendo, sexually suggestive “kidding or teasing,” jokes about gender-specific traits, unwanted sexual overtures or comments, inquiries or discussions concerning one’s sexual experiences, comments on an individual’s body; Visual conduct such as derogatory and/or sexually oriented posters, photography, cartoons, drawings or gestures; Physical conduct such as unwanted touching, hugging, kissing, intentional brushing up against the body of another employee; Threats or demands to submit to sexual requests as a condition of continued employment or to avoid a loss of benefits, or offers of benefits in return for sexual favors; and Retaliation for having reported or threatened to report harassment. Whenever possible, any person who is experiencing unwelcome conduct of the type generally described above should inform the person engaging in the conduct that it is unwelcome and request that it stop. The complainant may choose to pursue this option 79 | P a g e Revised 8/24/15 alone, or may ask a supervisor or human resources representative to be present or serve as an intermediary. In any case, a person who believes that he/she has been harassed by a co-worker, supervisor, student, vendor, or who has witnessed such harassment, is strongly encouraged to report the facts of the incident or incidents in accordance with the procedures set forth below. Beaufort County Community College can only resolve matters brought to its attention; accordingly, Beaufort County Community College encourages all persons to come forward with information about allegations of unlawful harassment. Retaliation for making a complaint or cooperating in an investigation of alleged harassment is strictly prohibited. Procedure Reports of harassment should be directed to your supervisor, another supervisor or a Human Resources representative as soon as possible after an incident. The report should include details of the incident or incidents, names of the individuals involved, and names of any witnesses. To ensure an appropriate investigation and response, supervisors shall discuss all harassment complaints with Human Resources. Upon notification of a complaint, a prompt, through and objective investigation will be conducted under the direction of Human Resources. All information will be handled with the highest degree of confidentiality possible under the circumstances and with due regard for the rights and wishes of all parties. If the investigation produces evidence that Beaufort County Community College policy was violated, appropriate action will be taken to correct and remedy the problem. Such actions may include, for example, counseling, training, written or verbal warnings, transfers, and termination of employment. The results of the investigation will be disclosed to the person making the report and the person alleged to have violated Beaufort County Community College policy. In the case of harassment by a student, vendor, or non-employee of the College, possible remedial action may include letters of objection discussing the issue and requesting that the conduct cease, or refusal to continue the business relationship. Every Beaufort County Community College employee is expected to support and carry out the policy. Any supervisor observing or knowing of a harassing situation shall take immediate action to stop it. Supervisory and Human Resource personnel who receive reports of harassment shall seriously consider all such complaints and take immediate steps to implement this policy in accordance with its provisions. Beaufort County Community College strongly encourages all employees to bring concerns and complaints about harassment to the attention of their supervisor. A prompt internal investigation will allow Beaufort County Community College to fulfill its commitment to ensure a workplace free of harassment and discrimination. 80 | P a g e Revised 8/24/15 Our goal is to provide a workplace free from tensions involving matters that do not relate to the College’s business. In particular, an atmosphere of tension created by unwelcome non-work-related conduct or comments, including ethnic, racial, sexual, or religious remarks, animosity, unwelcome sexual advances, or requests for sexual favors or other such conduct does not belong in our workplace and will not be tolerated. Such conduct will result in disciplinary action, up to and including discharge. Harassment of employees or of applicants by other employees of the company is prohibited. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of the individual’s race, color, religion, gender, national origin, age, sexual orientation, or disability, or that of the individual’s relatives, friends, or associates, and that: Has the purpose or effect of creating an intimidating, hostile, or offensive work environment. Has the purpose of effect of unreasonably interfering with an individual’s work performance; or Otherwise adversely affects the individual’s employment opportunities. Harassing conduct includes, but is not limited to the following: Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts, that relate to race, color, religion, gender, nation origin, age, sexual orientation, or disability; and Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color religion, gender, national origin, age, sexual orientation, or disability and that is placed on walls, bulletin boards, desktops, or elsewhere on the employer’s premises, or in the workplace. All supervisors have the explicit responsibility to prohibit and prevent the occurrence of harassment and to take immediate action to correct any harassment of which they become aware. While all forms of harassment are prohibited, we want to emphasize that sexual harassment is a specific violation of state and federal law. Sexually harassing conduct that interferes with an individual’s job performance, creates an intimidating, hostile, or offensive work environment, or is the basis of any term or condition of employment, regardless of the source, is illegal and will not be tolerated. Handling a Harassment Complaint In the event an employee feels any form of harassment has taken place, the College will make every effort to resolve the situation as quickly as possible. The following are guidelines for the resolution of these situations. Any employee with a compliant or observation about sexual harassment should raise the issue with a supervisor so action can be taken. Employees may bring complaints in any of these ways: Tell your supervisor Tell the Director of Human Resources 81 | P a g e Revised 8/24/15 Tell any supervisor in which you have confidence Make a written complaint to the President Make a phone call to the President No one will be punished for bringing an issue to our attention in good faith, even if you do not have all the facts. Violation of the harassment policy is grounds for discipline or discharge. 37. Tenure Beaufort County Community College has no tenure system for its employees. 38. Time Sheets Time sheets are to be completed by all full-time non-exempt staff (clerical, technical, maintenance and other designated staff). Time sheets should be completed for the entire month, totaled for each week, approved by the employee’s supervisor, and forwarded to human resources by the 5th day of each month. Certain part-time faculty members are paid by the course and part-time continuing education instructors are paid one full month after the hours that they have worked. Part-time employees should reflect their hours worked from the 15 th to the 14th of each pay period on their time sheets. Time sheets for hourly paid employee’s should be approved by the employee’s immediate supervisor and forwarded to the business office by the 15th of each month. 39. Tuition Reimbursement Regular full-time employees may request tuition reimbursement for one course per semester at BCCC upon the completion of the course with a grade of “C” or better. The course must be directly related to the employee’s current position in order to qualify for tuition reimbursement. Requests for course tuition reimbursements should be submitted prior to enrolling in the course. Requests are submitted by completing a Tuition Reimbursement form. This form may be obtained from the Human Resources office. The completed form will be reviewed by the Supervisor, Dean and College President for approval. An employee is permitted to take one course per semester during working hours only when it is determined by his/her supervisor to be job related. 40. Whistle-Blower Complaint Procedures: 82 | P a g e Revised 8/24/15 If an employee of Beaufort County Community College (College) reasonably believes that some policy, practice or activity of the College or the Beaufort County Community College Foundation, Inc. (Foundation) is in violation of law, or a clear mandate or public policy, the employee should file a written complaint with the Chairman of the BCCC Board of Trustees or the President of the Board of Directors of the College’s Foundation. Written complaints can be sent to the following address: Chairman BCCC Board of Trustees 5337 US Hwy 264 E Washington, NC 27889 President BCCC Foundation, Inc. Board of Directors 5337 US Hwy 264 E Washington, NC 27889 Complaints may also be directed to the N.C. Office of the State auditor at the following address: N.C. Office of the State Auditor 20601 Mail Service Center Raleigh, NC 27699-0601 Phone: 800-730-8477 Non-retaliation Policy: The College and the Foundation will not retaliate against an employee who, in good faith, has made a protest or raised a complaint against some practice of the College or the Foundation, or of an employee of the College, or of another individual or entity with whom the College or the Foundation has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate or public policy. The College and the Foundation will not retaliate against employees who disclose or threaten to disclose to a supervisor or a public body, any activity, policy, or practice of the College or the Foundation that the employee reasonable believes is in violation of a law, or a rule or regulation mandated pursuant to law or is in violation of a clear mandate or public policy concerning the health, safety, welfare, or protection of the environment. Treatment of Complaints: Upon receipt of a complaint, the Chairman of the BCCC Board of Trustees or the President of the BCCC Foundation, Inc. Board of Directors will determine the nature of the complaint. Complaints will then be reviewed under the direction and oversight by such person(s) as they determine appropriate. Confidentiality will be maintained to the fullest extent possible, consistent with the need to conduct an adequate review. Prompt and appropriate corrective action will be taken when and as warranted in the judgment of the Chairman of the BCCC Board of Trustees and President of the BCCC Foundation, Inc. Board of Directors. Reporting and Retention of Complaints and Investigations: 83 | P a g e Revised 8/24/15 The Chairman of the BCCC Board of Trustees and the President of the BCCC Foundation, Inc. Board of Directors will maintain a log of all complaints and concerns, tracking their receipt, investigation and resolution, and shall prepare a periodic summary report thereof for the Finance Committee of the appropriate Board of Trustees or Board of Directors. Copies of complaints and such log will be maintained in accordance with the College’s document retention policy. 41. Worker’s Compensation Policy BCCC Worker’s Compensation Rules and Procedures are established by applicable Federal laws and state statutes. Changes in these legal guidelines will take precedence over published college rules and procedures. Accidents involving injuries to employees must be reported to the Human Resources Department. An employee of BCCC who is injured on the job in a job related accident is eligible to receive compensation and other benefits while suffering the effects of the on-the-job injury. In the event of an injury, both the employee and the supervisor have certain responsibilities required by law and good business practice. Employee’s Responsibilities It is the responsibility of the injured employee to make the injury known immediately to his/her supervisor. The employee will complete an “Employee Statement” form. Employees must consult Human Resources before seeing a physician and must seek treatment from physicians approved by Human Resources. If the employee must have a prescription filled due to a work-related injury, the pharmacist must be told that it is in connection with a Worker’s Compensation claim. Work-related injuries must be reported to the North Carolina Industrial Commission using Form 19, “Employer’s Report of Injury to Employee,” immediately, if possible, but no later than 30 days after the date of injury. The Human Resources representative or the Worker’s Compensation Insurance Company will complete and submit these forms. The employee will receive a copy of the completed form. Supervisor’s Responsibilities A supervisor receiving a report of a work-related injury must notify the Human Resources Department immediately. Human Resources is required by law to submit a full report (Form 19) to the state Worker’s Compensation Office within five days after the employee’s supervisor was notified of the injury. The supervisor will be required to complete a “Supervisor’s Accident Report Form.” 84 | P a g e Revised 8/24/15 Compensation and Leave for Injury BCCC has the right to accept or deny alleged work related claims. An employee who is injured on the job may have certain costs paid if the North Carolina Industrial Commission accepts the claim. Payments may be made for expenses related to medical, surgical, hospital, and nursing services, required treatments and drugs, and certain medically necessary transportation costs. Employees who lose work time as a result of an on-the-job injury may elect one of three leave options if the claim is determined to be valid and the employer is liable. Worker’s Compensation weekly benefits are currently paid at the rate of two-thirds the weekly salary up to a maximum which is set annually by the North Carolina Industrial Commission. Option 1: The employee may elect to take sick leave or annual leave (if available) at full salary during the seven-day waiting period and then go on Worker’s Compensation Leave and begin drawing Worker’s Compensation weekly benefits. Option 2: The employee may elect to go on Worker’s Compensation leave immediately with no pay for the seven-day waiting period and then begin drawing Worker’s Compensation weekly benefits. NOTE: In either option above if the injury results in disability of more than 21 days, the Worker’s Compensation weekly benefits shall be allowed from the date of the disability and the employee will be reimbursed for the first seven days and reinstatement of sick and/or annual leave used. Option 3: The employee may elect to supplement the Worker’s Compensation weekly benefit with the use of partial earned sick or annual leave (if available). This allows the employee to receive full salary as long as leave is available. Additional information about Worker’s Compensation is available from the Director of Human Resources. 85 | P a g e Revised 8/24/15