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Faculty and Staff Home > Employee Handbook >Section III-4: Leave Regulations
Section III-4: Leave Regulations  
Employee Annual Leave Accrual Policy Funeral Leave Maternity Leave
Continuing Part-Time Employee Leave Professional Leave Military Leave
Child Involvement Leave Family and Medical Leave Sick Leave
Civil Leave Leave without Pay Temporary Leave for College-Related Travel
Educational Leave   Time-Off Plan for Overtime Compensation
Full-Time Educational Leave with Pay   Unpaid Leave Days
Part-Time Educational Leave with Pay   Voluntary Shared Leave
Full-Time Educational Leave without Pay    
 
Employee Annual Leave Accrual Policy

Durham Technical Community College's regular full-time employees earn annual leave based on their years of aggregate State of North Carolina service in accordance with the most current version of the North Carolina Office of State Personnel's State Personnel Manual.

Years of Aggregate
State Service
Hours Earned
Each Month
Hours Earned
In One Year
Days Earned
Each Year
0 through 5 years 9.33 112.00 14
6 through 10 years 11.33 136.00 17
11 through 15 years 13.33 160.00 20
16 through 20 years 15.33 184.00 23
21 or more 17.33 208.00 26

Exception: Annual leave shall not be cumulative for more than 240 hours. Effective December 31, 1993, any employee who, as of June 30 of each year, has annual leave that is in excess of the allowed accumulation of 30 days or 240 hours shall have that leave converted to sick leave.

Annual leave should be requested within a time frame which allows for coverage to be arranged for the absent employee's work area. The Employee Leave Request form must be completed and submitted through supervisory channels. (See also "Expectations of Faculty Members" in Section III-2: Employment and Contracts.)

Upon termination of employment, an employee will be paid for any accumulated annual leave not to exceed 240 hours. Payment for annual leave will be made on the regular monthly payroll. Lump sum payments for annual leave are made only at the time of employment termination.

Accumulated annual leave is not transferable to another state institution or agency.

Annual leave may be applied to the extension of sick leave if an employee has expended all earned sick leave. From the date of an employee's resignation to the date of separation, an employee may be ineligible to use annual leave unless approved by the President.

Eligible employees earn annual leave if they are working or on paid leave for one-half or more of the regularly scheduled workdays in any month. The annual leave rate is based on the length of aggregate state service. Regular contract employees working fewer than full-time hours earn annual leave on a prorated basis. The annual leave is computed based on a percentage of the total amount of annual leave earned by a full-time employee.

Continuing Part-Time Employee Leave

Continuing part-time employees are awarded one day of leave with pay for each month they are employed and scheduled to work at least one-half of the workdays in the month. This leave is awarded on a prorated basis to equate to one day a month based on the employee’s regular work schedule. The “day” of leave a month is calculated for all continuing part-time employees by dividing the number of hours in the employee’s workweek by five, which is the number of days in the normal workweek. The leave may be carried forward from month to month but must be used during the academic year it is awarded. Use of this leave must be requested within a time frame which allows for coverage to be arranged for the absent employee’s work area. The Employee Leave Request form must be completed and submitted through supervisory channels.

Paid leave may be used as vacation leave, sick leave, or personal leave as requested and approved by the employee’s supervisor. This leave cannot be accumulated for use after the academic year in which it is awarded, is not payable upon the employee’s end of service, is not transferable to another state institution or agency, and is not available to use as shared leave with another college employee or relative in the State of North Carolina personnel system.

Please review this memo that clarifies paid leave for continuing part-time faculty and staff.

Child Involvement Leave

The purpose of child involvement leave is to promote employees' involvement in the education of youth and to promote employees' assistance to schools. Employees may take leave under this policy as follows:

  • Meet with a teacher or administrator of any elementary school, middle school, high school, or child care program authorized to operate under the laws of the State of North Carolina concerning the employee's children, step-children, or children over whom the employee has custody;
  • Attend any function sponsored by the school or child care program as defined above in which the children, stepchildren, or children over whom the employee has custody are participating. This provision shall only be utilized in conjunction with non-athletic programs that are a part of or supplement to the school's or day care's academic or artistic program; or
  • Perform, without regard to the employee’s parental status, college-approved volunteer work endorsed or approved by a teacher, school administrator, or program administrator.
Amount of Child Involvement Leave

Full-time and probationary employees may take up to eight hours of paid child involvement leave each calendar year regardless of the number of children;

Continuing part-time (working 20 hours or more per week) employees will have their eight hours of child involvement leave prorated based on the proportion of time they work; and

Temporary, hourly, or continuing part-time employees working less than 20 hours per week are not eligible for paid leave.

The eight hours of paid child involvement leave eligibility shall be credited to the employees on January 1 of each year. New employees will be credited with the full eight hours of leave eligibility immediately upon their employment.

Definitions for Child Involvement Leave

For purposes of this policy, "school" is defined as follows: 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 child care program.

A child is defined as a son or daughter who is a biological child, an adopted child, a foster child, a stepchild, a legal ward, a child of an employee standing in loco parentis; or in-law relationships.

Approval of Child Involvement Leave

Employees must receive prior approval from their Supervisor to use child involvement leave. The college will consistently require acceptable proof that the child involvement leave being requested and taken is within the purpose of this policy.

Child involvement leave, not to exceed eight hours each calendar year, should be granted for the period of time away from work as requested by the employee. The college may require that the child involvement leave be taken at a different time, based on the needs of the college.

Child involvement leave not taken in a calendar year is not cumulative and will be forfeited; it will not be carried over into the next calendar year. Employees will not be entitled to payment for child involvement leave upon separation from the college.

Civil Leave

Civil leave with pay is granted to an employee summoned by a judge to appear in court to perform jury duty, to testify in his/her own defense, or to testify as a witness. The period of civil leave is granted only during the specific time as required by the summons. Employees requiring civil leave must complete the Employee Leave Request and Leave Report form upon receiving the summons and marking "Military/Court/Jury Duty." A copy of the court summons must be attached to the Employee Leave Request and Leave Report form when submitting it to the supervisor. The Business Office will also require verification of the time taken as civil leave.

If an employee is involved in a court or legal procedure and is not testifying as a witness or testifying in his/her defense, the employee must use accrued annual leave or take leave without pay for purposes of attending court.

Educational Leave

Educational leave at an institution of higher education for study in a related field is a privilege which the President may grant to a full-time employee on a regular contract. The employee must request leave from the President through standard supervisory channels.

Full-Time Educational Leave With Pay

Full-time educational leave with pay will be granted at the convenience of the college and for the primary benefit of the college. An employee is eligible for full-time educational leave with pay if the following criteria are met:

  • The employee is currently employed full time (40 hours per week) on an annual, fiscal year basis;
  • The employee has been employed full time by Durham Technical Community College for a minimum of three consecutive years;
  • The employee is employed on a regular contract of employment;
  • The educational leave request does not exceed a period of one academic term as established by the institution the employee has enrolled in;
  • The educational leave is to take courses or complete academic work (e.g. thesis or dissertation) directly related to improving the competencies of the employee in performing his/her assigned duties and are reflected in the employee's professional development objectives on his/her current Performance Review and Evaluation; and
  • The employee signs an addendum to his/her employment contract, agreeing to return to full-time employment with the college for the academic year immediately following the completion of the educational leave.

Durham Technical Community College’s Human Resources office must receive an official grade report/transcript of courses taken and grades earned within 60 days of the employee’s completion of the leave.

An employee who fails to have the transcript sent to Human Resources, who fails to honor any contract then in existence with Durham Technical Community College, or who fails to execute a regular contract of employment for the academic year immediately following the completion of the educational leave shall be required to repay the salary paid during the term of the educational leave. Should the employee fulfill a portion of the contract of employment for the next academic year but fail to remain employed at the college for the entire employment term, the employee shall refund a prorated portion of the salary paid during the term of the educational leave.

An employee’s written request for educational leave must be submitted and approved through the employee’s supervisory channels and the President for approval using the Educational/Professional Leave Request form. The request must include the following:

  • The amount of desired educational leave;
  • The name of the institution where classes are to be taken or other work is to be completed;
  • The starting and ending dates for the academic term (if applicable);
  • A statement of perceived benefit to the employee and the college; and
  • The cost to replace the employee should part-time assistance be required or an explanation of the impact on the college should replacement be by an existing employee.

Educational/Professional Leave Request forms submitted to supervisors and to the President for considering approval and/or submitted to the Business Office after the educational leave has begun or has been completed will automatically be declined for waiving the tuition and fees or associated expenses. Any educational leave taken before obtaining the President’s approval will be considered as leave without pay, and the employee must reimburse the college for any associated expenditures the college has paid.

During full-time educational leave with pay, the employee will be continued as a regular full-time employee of the college and be eligible for all employee benefits and compensations.

An employee who has received full-time educational leave with pay must be employed by Durham Technical Community College full time for an additional three consecutive years before again being eligible for full-time educational leave with pay.

Please review this memo that clarifies processes regarding the accounting for leave and "unpaid" (non-contract) days for full-time faculty and staff.


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Part-Time Educational Leave With Pay

Full-time employees who are on a regular contract of employment are eligible for part-time educational leave with pay for a three-semester credit hour course scheduled during the normal 40-hour work week with prior approval. A written request for part-time educational leave must be submitted and approved through standard supervisory channels and the President using the Part-Time Educational Leave Request form. (See also Tuition Waivers for information about Durham Technical Community College courses.)

Part-Time Educational Leave Request forms submitted to supervisors and to the President for considering approval and/or submitted to the Business Office after the educational leave has begun or has been completed will be automatically declined for waiving the tuition and fees or any associated expenses. Any unapproved educational leave taken will be considered as leave without pay, and the employee must pay the tuition and fees or reimburse the college for any associated expenses the college has paid.

Durham Technical Community College’s Human Resources Department must receive an official grade report/transcript of courses taken and grades earned within 60 days of the employee’s completion of the leave.
Full-Time Educational Leave Without Pay
With prior approval, full-time employees who are on a regular contract of employment are eligible for up to 12 consecutive months of full-time educational leave without pay The employee must submit a written request for educational leave without pay to the President through standard supervisory channels.

Should the President approve the educational leave without pay, the employee must return to work at the end of the approved leave period. Failure to report to work at the expiration of the approved leave period may be considered as a resignation.

Should the President approve the educational leave without pay, the employee may choose a lump sum payment for any accumulated annual leave or retain the accumulated amount (not to exceed 240 hours) until returning to work. Eligibility to earn or use any type of leave ceases on the date the employee’s leave without pay begins. Upon returning to work, all previously accumulated sick leave shall be credited to the employee's account. The employee shall retain previously accumulated years of service for state longevity pay and retirement purposes. The period of the educational leave without pay will not count toward state retirement or state longevity pay.

Professional Leave

Professional leave with pay for employees to refresh or upgrade their professional skills and/or to enhance related professional skills is a privilege the President may grant to full-time employees on a regular contract. The employee must request leave from the President through standard supervisory channels.

Professional leave with pay will be granted at the convenience of the college and for the primary benefit of the college.

Professional leave with pay may consist of full-time or part-time participation in one or more of the following activities:

  • Return-to-Industry Leave: An employee may be assigned to work or to carry out predetermined objectives in a business or industry related to his/her regular work assignment;
  • Clinical Leave: An employee may be assigned to an affiliated clinical facility;
  • Specialized Leave: An employee may attend a specialized school, workshop, seminar, or may participate in a specialized activity or project that is directly related to his/her assigned area(s) of responsibility; or
  • Occupational Exchange: An employee may be "exchanged" for an employee from another college, business, industry, governmental agency, clinical location, or other hosting entity.

An employee is eligible for professional leave with pay if the following criteria are met:

  • The employee is currently employed under a “Regular Contract of Employment”;
  • The professional leave activities are directly related to improving the competencies of the employee in performing assigned duties and are reflected in the employee's current Performance Review and Evaluation Development Plan or Professional Development Objectives;
  • The employee signs an addendum to his/her employment contract with Durham Technical Community College, agreeing to return to employment with the college for the academic year immediately following the completion of the professional leave; and
  • The employee has been employed full time by Durham Technical Community College for a minimum of three consecutive years prior to the full-time professional leave request being submitted.

A written request for professional leave must be submitted and approved through standard supervisory channels and the President using the Educational/Professional Leave Request form. Educational/Professional Leave Request forms submitted to supervisors and to the President for considering approval and/or submitted to the Business Office after the professional leave has begun or has been completed will be automatically declined for payment of the employee’s contract. Any unapproved professional leave taken will be considered as leave without pay, and the employee must reimburse the college for any associated expenses the college has paid.

An employee who fails to honor any contract then in existence with Durham Technical Community College or who fails to execute a regular contract of employment for the academic year immediately following the completion of the professional leave shall be required to repay the salary paid during the term of the professional leave. Should the employee fulfill a portion of the contract of employment for the next academic year but fail to remain employed at the college for the entire employment term or fail to complete any other required conditions, the employee shall refund a prorated portion of the salary paid during the term of the professional leave.

An employee who has received professional leave with pay must be employed full time by the college for an additional three consecutive years before again becoming eligible for professional leave.

During professional leave with pay, the employee will be continued as a regular full-time employee of the college and, thus, be eligible for all employee benefits and compensations.

During professional leave with pay, the college employee shall receive no compensation (monetary or otherwise) from the affiliating business, industry, governmental agency, clinical location, or other entity hosting the professional leave. Any compensation for services the employee provides to the outside agency shall accrue directly to Durham Technical Community College and not to the employee.

Preliminary requests for professional leave with pay should be discussed with and approved by the immediate supervisor, department head, and division head prior to developing any agreement with the authorized representative of the hosting entity and prior to the employee requesting the President’s approval.

The written request for professional leave with pay, submitted through standard supervisory channels to the President for approval using the Educational/Professional Leave Request form, must include the following:

  • The amount of desired professional leave. If the request is for full-time professional leave, the maximum amount is not to exceed 60 work days;
  • The nature of the desired professional leave;
  • A list of objectives to be accomplished during the professional leave;
  • A statement of perceived benefit to the employee and to the college;
  • The cost to replace the employee if part-time assistance is required or an explanation of the impact on the college if replacement is by an existing employee;
  • A monitoring procedure to be used while the professional leave is in progress; and
  • A statement from an authorized representative of the hosting entity acknowledging the professional leave and agreeing to host the college employee.

A report detailing the employee’s accomplished objectives and learned skills must be submitted through standard supervisory channels to the President within 30 days following the end of the professional leave with pay. The report must include written verification by an official of the affiliated organization concerning time spent and duties performed during professional leave and noting any certificates, grade reports, transcripts, or evaluations received during the professional leave.


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Family and Medical Leave

Purpose
The federal Family and Medical Leave Act allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. This law covers certain employers; affects only those employees eligible for the protections of the law; involves entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; sets requirements for notice and certification of the need for family and medical leave as well as for military family leave; and protects employees who request to take such leave. The law also includes certain employer recordkeeping requirements.

College Policy
Durham Technical Community College’s policy is to provide family and medical leave as well as military family leave to eligible employees. Consistent with this policy and to ensure compliance with the federal Family and Medical Leave Act as well as the Military Family Leave Entitlement Amendment, the college provides required information and follows mandated procedures as set forth in the Employee Handbook.

The family and medical leave provisions allow eligible employees up to 12 weeks of leave, with or without pay during any 12-month period, for one of the following reasons:

  1. The birth of a child and to care for the child after birth, or beginning foster care, provided the leave is taken within a 12-month period following the birth (see also “Maternity Leave” section);
  2. To care for a child placed with the employee for adoption, provided the leave is taken within a 12-month period following adoption;
  3. To care for the employee's child, spouse, or parent, when that child, spouse, or parent has a serious health condition; or
  4. When the employee has a serious health condition that makes the employee unable to perform the functions of the employee's position (see also “Sick Leave” section).

Procedures
Employees requesting family and medical leave may choose to exhaust their available annual and/or sick leave, or any portion, or go on leave without pay. A statement from the attending physician that describes the particular medical condition must accompany the request for family and medical leave. Periods of paid leave (annual and sick leave) and periods of leave without pay count toward the 12 work weeks to which the employee is entitled. An extension of an employee’s family and medical leave can be requested if needed.

Funeral Leave

Funeral leave is provided for full-time employees in the event of the death of an immediate family member. Immediate family is defined as wife, husband, children, stepchildren, mother, father, stepmother, stepfather, brother, sister, grandparents, grandchildren, aunts, uncles, and in-law relationships. Leave may be granted from the day of death through the day of interment but not to exceed three days. Leave exceeding three days must be taken as annual leave or leave without pay.

In other cases, funeral leave with pay will be granted only during the actual time in which the funeral takes place but not to exceed four hours. Funeral leave for persons who are not immediate family members as defined above may not exceed a total of eight hours per calendar year unless the additional hours are taken as annual leave or leave without pay.

In the event of a Durham Tech co-worker’s death, an employee may be granted leave to attend the funeral and burial if the service is held during the employee’s work hours.

Leave without Pay

Under certain circumstances, employees may request leave without pay. These circumstances include leave required when both earned sick leave and earned annual leave have been exhausted. An employee must contact his/her Supervisor to request leave without pay. An employee requesting leave without pay should contact the Business Office to determine if there is any impact upon his/her monthly benefits.

Maternity Leave

Maternity leave is available to Durham Tech employees through the Family and Medical Leave Act.

Military Leave

Military leave is a uniform state policy and is granted to members of reserve components of the U.S. Armed Forces for certain periods of active duty training and for state military duty. Leave for 80 working hours may be granted to members of reserve components for annual training. Military leave for active state duty involving the National Guard as authorized by the Governor is considered separate from and in addition to military leave for U.S. Reserve components. Regularly scheduled unit assemblies, usually occurring on weekends and referred to as "drill," do not qualify for leave with pay. Reserve components of the U.S. Armed Forces are the National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve, and the Coast Guard Reserve. The Civil Air Patrol is not a reserve component and is not eligible for leave for normal training. However, in cases of local, state, and/or national emergencies, the Civil Air Patrol may be called to duty by government authorities. In these cases, Civil Air Patrol employees may qualify for leave during the time they are on active duty.

Employees desiring to take military leave should make application to the President via their Supervisor and Division Head. Applications should be submitted in advance of the leave to ensure coverage of work assignments during their absence. The employee should submit a copy of his/her orders or other appropriate documentation which provides evidence of required military duty.

Military families are also entitiled to the following:

  1. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.
  2. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.
Sick Leave

Sick leave is granted to full-time employees to cover loss of time incurred through their own illness or injury, medical and dental appointments, quarantines due to a contagious disease, and temporary disability related to childbearing. Sick leave can also be used for illness of a member of the
immediate family. (The immediate family is defined as spouse, parents, and children, including step-relationships and dependents living in the employee’s household.) Employees on continuing part-time or part-time hourly contracts do not earn paid sick leave.

Eligible employees earn sick leave if they are working or are on paid leave for one-half or more of the regularly scheduled workdays in any month. Regular contract employees working less than full time earn sick leave on a prorated basis. Sick leave for persons employed less than full time
(40 hours) is computed on a percentage of the total amount earned by the full-time employee.

Employees earn 480 minutes or 8 hours of sick leave for each month of employment. Sick leave must be taken and reported in hourly increments.

Temporary Leave for College-Related Travel

Temporary leave may be authorized when the employee is temporarily away from his/her normal workstation attending college-related activities such as conferences, conventions, workshops, and seminars.

Employees should complete the Request for Travel form (available from Campus Police and Public Safety) whether requesting reimbursement for travel or not. The request must be approved by the employee’s immediate Supervisor and Division Head prior to the employee taking leave.

Time-Off Plan for Overtime Compensation
The Fair Labor Standards Act (FLSA) requires state and local government agencies to compensate eligible employees for overtime hours worked. The FLSA allows the use of compensatory time-off in place of overtime pay. In September 1985, the college adopted a plan for full-time and continuing part-time non-faculty employees that utilizes a compensatory time-off approach. Specific guidelines and procedures for requesting compensatory time off must be followed. For additional information, please contact the Human Resources Department.
Unpaid Leave Days
Employment contracts issued for 11.5 months, 11 months, and 10 months of employment are structured to cover the 12-month fiscal year with 10 unpaid leave days. Some of these unpaid leave days include dates that the college specifies and some are days that are available for employees to request as “personal leave days.”
Voluntary Shared Leave

Purpose
The N.C. General Assembly has enacted legislation permitting community college employees to share paid leave with their colleagues and with employees of state agencies. The intent of this legislation is to allow one state employee to assist another state employee in the case of a prolonged medical or family medical condition that results in exhaustion of all paid leave.

College Policy
Durham Technical Community College’s policy is to allow employees the opportunity to share leave with co-workers and family members employed by a community college, public school, or North Carolina state agency. Consistent with this policy as well as to ensure compliance with General Statute 126-4, the college has developed the Voluntary Shared Leave Program.



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1637 Lawson Street
Durham, NC 27703
919-536-7200

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