SAAO-II and Other EHRA Employment Terms and Conditions Policy 625
I. Purpose
This policy is enacted to effectuate Board of Governors’ policy with respect to Senior Academic and Administrative Officers – Tier II (“SAAO-II”) and Other EHRA Administrative Employees.
II. Scope
This policy applies to all covered employees as defined by this policy. It does not apply to the Chancellor, Senior Academic and Administrative Officers – Tier I, faculty members, temporary employees, SHRA employees, or UNCSA students who are employed incident to their status as a student, such as in graduation teaching assistantships or work study positions.
III. Definitions
A. “Covered Employee” means an individual employed by UNCSA as either an SAAO-II or as an Other EHRA Employee as defined by this policy.
B. “Covered Position” means the employment position held by a covered employee.
C. “Other EHRA Employees” means employees not subject to the State Personnel Act and are not otherwise categorized (e.g. SAAO-I or SAAO-II). The following positions are otherwise categorized, and are not covered by this policy:
1. Faculty members; and
2. UNCSA students who are employed incident to their status as a student, such as in graduation teaching assistantships or work study positions.
D. “Senior Academic and Administrative Officer – Tier II” or “SAAO-II” means an employee subject to the provisions of Section III of the Board of Governors policy on Senior Academic and Administrative Officers (i.e. UNC Policy Manual § 300.1.1). These positions include, but are not limited to: associate and assistant vice chancellors; associate and assistant deans; and other administrative positions within UNCSA.
IV. Policy
A. Appointment
1. The appointment of a covered employee shall be made by or on behalf of the Chancellor by means of a letter of appointment.
2. Every letter of appointment to a covered position shall include:
a. the title of the position;
b. the initial salary;
c. provision for periodic review of compensation;
d. the employee’s annual leave entitlement;
e. notice that the employment is “employment at will” subject to continuation or discontinuation;
f. notice that the employment is subject to UNC Policy Manual § 300.1.1 or § 300.2.1, as applicable, which shall be attached to the letter of appointment, and any other applicable UNC or UNCSA policy, as originally adopted and as periodically revised;
g. if a covered employee’s compensation is funded in whole or substantial part from sources other than continuing State budget funds or permanent trust accounts, the letter of appointment shall also satisfy the requirements contained in the procedures relating to this policy.
h. if an employee is to serve simultaneously in a position subject to this policy and a position at UNCSA not subject to this policy such that two different employment conditions, rights, or responsibilities may appear to apply to the employee, the letter of appointment shall also satisfy the requirements contained in the procedures relating to this policy.
3. When an appointment to a covered position is to be accomplished by appointment to a faculty position that is intended to be nominal or honorary, or to create a faculty affiliation not entailing significant duties or compensation, the term “adjunct,” or similar nomenclature, shall be used to identify the faculty appointment.
B. Covered Employee Evaluation. Supervisors shall review any covered employees annually. Each supervisor shall devise his or her own method of performance evaluation, including an evaluation form.
C. Discontinuation of Employment
1. Discontinuation of Appointment, with Notice and Separation Pay
a. The Chancellor, in his discretion, may discontinue a covered employee’s appointment. The employee must receive either prior notice or severance pay as follows:
i. During the first year of service, not less than 30 days
ii. During the second and third years of service, not less than 60 days
iii. During the fourth and all subsequent years of continuous service, not less than 90 days notice prior to discontinuation of employment.
b. The Chancellor may decide to provide the covered employee with a combination of notice and severance pay that totals the respective required number of days.
c. The determination of whether the employee shall receive notice of discontinuation of appointment, severance pay, or a combination of the two shall be in the sole discretion of the Chancellor.
2. Discharge for Cause
a. Any covered employee may be discharged for stated cause, including but not limited to incompetence, unsatisfactory performance, neglect of duty, or misconduct that interferes with the employee’s capacity to effectively perform the requirements of his or her employment.
b. Discharge for cause is to be preceded by written notice of intent to discharge.
3. When a covered employee who has been notified of the intention to discharge for cause seeks review of the decision, the Chancellor may suspend the employee and continue the suspension until the Chancellor’s final decision concerning discharge. Such suspension shall be with full pay.
4. If the Chancellor’s final decision is to discharge the employee, then the employee may be discharged without further pay, without regard to whether there is an appeal to a Board of Trustees or the Board of Governors. No provision of this policy, its associated procedures, or UNC Policy Manual § 300.1.1 shall be interpreted to extend an employee’s right to pay beyond the expiration of the employee’s term of appointment while an appeal is pending under this policy, its associated procedures, or UNC Policy Manual § 300.1.1.
D. Review of Employment Decisions and Grievances
1. Covered employees may secure review of decisions concerning discharge for cause or other disciplinary action, or of grievances concerning the interpretation and application of any provision of these policies pursuant to UNCSA’s SAAO-II & Other EHRA Employees Grievance Policy.
2. Decisions reached pursuant to such review procedures concerning the discontinuation, expiration of term appointment, termination, or discharge for cause may be appealed in accordance with the provisions of UNC Code § 611.
E. Protected Activity. Covered employees shall not be adversely affected by the exercise of rights guaranteed by the First Amendment of the United States Constitution or by Article I of the North Carolina Constitution; provided, that covered employees shall be subject to any limitations on political activity established by Article 5 of N.C.G.S. Chapter 126, the Board of Governors’ policies concerning political activity, UNC Policy Manual § 300.5.1., et seq. and any other applicable UNC or UNCSA policy.
F. Holidays and Leave
1. Holidays. Covered employees receive the same holidays as UNCSA employees subject to the State Personnel Act.
2. Annual Leave
a. Basic Leave Policy:
i. The amount of annual leave to which a permanent full-time covered employee receives 24 days of vacation per year, and is adjusted proportionally for part time employees working more than halftime. This leave accrues on a monthly basis.
ii. An employee accrues annual leave during any month in which the employee works or is on approved leave with pay for at least half the working days of a month.
iii. The scheduling of an employee’s annual leave shall be subject to the approval of the employee’s supervisor.
iv. The maximum number of unused days of annual leave that may be accrued and carried forward from one calendar year to the next shall be 30 workdays. Annual leave in excess of 30 days will be automatically converted to sick leave at the end of the calendar year.
b. Transfer of Accrued Annual Leave
i. Upon discontinuation of UNCSA employment, a covered employee may either elect a payout of accrued annual leave or transfer the remaining balance of any unused annual leave to another State or local governmental agency, subject to the receiving agency’s approval.
ii. Upon appointment at UNCSA, a covered employee may request to transfer the remaining balance of any unused annual leave, subject to a maximum of 30 days, from another UNC constituent institution or State or local governmental agency. The approval of the request to transfer leave is subject to UNCSA’s acceptance of the fiscal responsibility.
c. Advancement of Annual Leave
i. Subject to the approval by the covered employee’s supervisor, a covered employee may be advanced the amount of leave that can be accrued during the remainder of the calendar year.
ii. If an employee separates from UNCSA and has taken more annual leave than has been accrued, the covered employee must repay UNCSA the amount of the difference in leave accrued and leave taken. Repayment will be made though deductions from the employee’s final salary check.
d. Payout of Accrued Annual Leave
i. A covered employee who has accrued unused annual leave upon discontinuation of UNCSA employment and who either does not elect or is not eligible to transfer such accrued leave to another State or local governmental agency, shall be paid for such unused annual leave pursuant to the provisions below.
I) The amount paid to an employee who has been employed an aggregate of 24 months or less by one or more State or local governmental agencies is equal to one day for each month worked less the number of days of annual leave taken during the employment period.
II) An employee who has been employed for more than 24 months shall be paid subject to a maximum of 30 such days.
ii. Covered employees who change in employment status to a non-leave earning position not covered by this policy shall receive a payout of accrued annual leave.
3. Sick Leave
a. Covered employees are subject to the same provisions concerning sick leave, family and medical leave, civil leave, military leave, and community service leave as employees subject to the State Personnel Act.
b. With respect to sick leave, subject to approval by the covered employee’s supervisor, a covered employee may be advanced the amount of sick leave that can be accrued during the remainder of the calendar year.
4. Leave of Absence without Pay. Employees in positions covered by these regulations may request a leave of absence without pay, subject to approval of such leave by the Chancellor.
5. Voluntary Shared Leave. Employees in positions covered by these regulations shall be subject to the same provisions concerning shared leave as are applicable to employees subject to the State Personnel Act with the exception that the donation and acceptance of such leave shall be computed on the basis of days rather than hours.
G. Educational Entitlement. Covered employees are entitled to the same opportunities as other University employees to invoke the privilege of tuition waiver conferred by N.C.G.S. § 116-143 and UNC Policy Manual § 1000.2.2.
H. Statutory & Other Rules of Employment
1. Privacy of Personnel Records. Covered employees enjoy the protections of, and are subject to, the provisions of Article 7 of N.C.G.S. 126, entitled “The Privacy of State Employee Personnel Records.”
2. Employment Preference for Veterans. Covered employees enjoy the protections of, and are subject to, the provisions of N.C.G.S. § 128-15, which provide for preference in employment for veterans of United States military service and their spouses and widows or widowers.
3. Employment of Related Persons. Covered employees are subject to UNC’s and UNCSA’s policies concerning employment of related persons.
I. Retirement. Employees in positions covered by this policy may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes.
V. Revision History
A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
SAAO-II & Other EHRA Employment Terms & Conditions Procedures
Procedure 625
I. Requirements for Letters of Appointment in Situations Involving Certain Funding and Employment Circumstances
A. If a covered employee’s compensation is funded in whole or substantial part from sources other than continuing State budget funds or permanent trust accounts, the letter of appointment shall also state that:
1. that continuation of the employee’s service in that position is contingent upon the continuing availability of funds from other sources to support that position;
2. the source of the funds; AND
3. that the effect of such contingency may apply without the additional notice otherwise required by this policy for discontinuation of employment, the expiration of the term of employment and termination because of financial exigency or program curtailment or elimination, provided, that the affected employee shall be informed at the earliest possible practicable date of occurrence of such a funding contingency
B. If an employee is to serve simultaneously in a position subject to this policy and a position at UNCSA not subject to this policy such that two different employment conditions, rights, or responsibilities may appear to apply to the employee, one position shall be designated in writing as the base position to determine the conditions of employment and the rights and responsibilities of the employee.
1. The designation of base employment shall specifically describe the different rights, duties, and compensation for each position and the relationship, if any, between the two positions.
2. Any funding contingencies shall be set forth separately for both positions, since the operation of any such contingencies may be independent.
C. If an employee becomes a covered employee subsequent to appointment to a position not covered by this policy, the letter of appointment to the position covered by this policy shall contain the designation of base employment.
D. If a covered employee is subsequently appointed to another category of UNCSA employment, the letter of appointment or contract establishing the second employment shall contain the required designations of base employment.