Shared Leave Frequently Asked Questions
Can I participate in the shared leave program if I am absent from work under either Family Medical or Family Illness Leave?
Yes. The Shared Leave Program and both Family Medical and Family Illness Leave run concurrently which means that you can receive shared leave while continuing to receive the benefits that are provided under either program.
Must I be on Family Medical Leave to be eligible to receive shared leave?
No. So long as you have meet the requirements to participate in the shared leave program:
- have a prolonged medical condition (or a member of the employee's immediate family has medical condition that requires the employee's absence for a prolonged period of time) and,
- apply or be nominated to become a recipient and,
- submit a Healthcare Provider Form in support of need for leave beyond the available accumulated leave; and,
- have not been subject to any written disciplinary actions for abuse of leave in the twelve (12) months prior to the request for shared leave.
Can an employee receive shared leave to cover missed hours taken intermittently under the FMLA?
Generally, no. The policy will not ordinarily apply to short-term or sporadic conditions or illnesses. This would include 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.
However, if the employee's medical condition is a chronic, long term condition or illness that has required previous random absences for the same condition that has caused excessive absences, an exception to the general prohibition can be made. Conditions to which this exception will generally apply include: recurring cancer treatments, dialysis treatments and other long term, recurring treatments which has or will cause excessive absences. Determinations as to the availability of shared leave under these circumstances will be made on a case by case basis, and decided based on its conformity to the policy intent and will be handled consistently and equitably.
I've submitted all of the paperwork and have been advertised, when is the donated leave applied?
An employee may begin using voluntary shared leave after all available, sick, vacation, and bonus leave have been exhausted.
Can I use shared leave to take care of an immediate family member? If so, how do I apply?
Yes. So long as the immediate family member has a prolonged medical condition as certified by a healthcare provider. The employee must apply by completing a Shared Leave Request Form and have the healthcare provider complete a Healthcare Provider Form. Once approved and if shared leave is received, the leave will be available once the employee has exhausted all of their available leave.
Are there any exceptions to the prolonged medical condition requirement?
Yes. 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 twelve months, the agency may make an exception to the 20-day period.
Does the exception to the prolonged medical condition requirement apply to care for an immediate family member?
No. The exception to the prolonged medical condition requirement is limited to the employee's condition only.
I am a temporary employee, am I entitled to shared leave?
No. Temporary employees are not entitled to participate in the Shared Leave Program.
If I receive more donated shared leave than I need, may I retain some or all for my own leave account after my need for shared leave has ended?
No. Shared leave will only be applied for the duration of the prolonged medical condition. Any leave donated above and beyond the period of prolonged medical condition will be returned to donors.
Can I donate leave to someone outside of the University?
Yes. An immediate family member donor may donate to another immediate family member in any state agency, public school system, or community college, sick, vacation or annual leave.
A non-family member may donate sick leave to shared leave recipients:
- The donor shall not donate more than five days (40) hours of sick leave per year to any one nonfamily member.
- The combined yearly total of sick leave donated to a recipient from non-family member donors may not exceed twenty days (160) hours.
- Donated sick leave shall not be used for retirement purposes.
I am going on maternity leave and need to apply for shared leave. Can I use shared leave for the full twelve (12) weeks that I plan to be out of work?
No. Since shared leave comes to the recipient in the form of sick leave, the donated leave will only be available for the period of disability – six (6) weeks for natural childbirth and eight (8) weeks for a caesarian section.
When someone donates leave to me under the Shared Leave Program, can I choose to have it applied as bonus leave?
No. When shared leave is received, it is received as sick leave only.
I am retiring and have lot of accumulated sick leave, can I donate leave to any person I chose?
No. NCSU does not permit employees to donate leave to other employees that are not eligible to participate in the Voluntary Shared Leave Program. If an employee chooses to donate leave, they can only designate leave to those employees properly advertised as participants in the Shared leave Program.
Can I use shared leave if I am receiving workers' compensation benefits?
An employee can use shared leave if they are drawing temporary total disability compensation but would be limited to use with the Supplemental Leave Schedule issued by the Office of State Human Resources. Supplemental Leave Schedule
What types of medical conditions will not typically meet the requirements for participation in the shared leave program?
The policy will not ordinarily apply to short-term or sporadic conditions or illnesses. This would include 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.
I have a prolonged medical condition that would make me eligible to participate in the Voluntary Shared Leave Program. I do not have enough sick leave available to cover my absence but have ample vacation leave available. Must I use all of my leave, including my vacation leave, prior to receiving shared leave?
Yes. Shared leave cannot be applied to your account until all leave balances including, sick, vacation, and bonus have been exhausted.
I recently returned from FML and had a period where I was on leave without pay, can I apply for shared leave to cover the time period where I was unpaid?
Yes. Shared leave is available for use on a current basis or may be retroactively applied for up to sixty (60) calendar days to substitute for advanced vacation or sick leave already granted to the recipient. Donated leave should be applied to advanced leave before applying it to leave without pay.
An employee has recently received 50 hrs of donated shared leave. Employee then resigns. Can employee continue to participate in Shared Leave Program? What happens to the donated sick leave??
No. Participation in the Shared Leave program ends when an employee separates or provides notice of intention to separate from the University. The donated hours will be returned to the donors on a pro-rata basis.
If I have a prolonged illness, can I receive more than 1040 hours?
Yes. Under certain circumstances, management may grant continuation, on a month-to-month basis, to a maximum of 2,080 hours, if management would have otherwise granted leave without pay.
Does an employee continue to accumulate leave when receiving shared leave?
Yes. When accounting for this leave, vacation and sick leave should be used prior to using shared leave.
I am receiving disability benefits from the Disability Income Plan of North Carolina (DIPNC), can I still participate in the Shared Leave Program?
No. Shared leave may only be used during the required sixty (60) day waiting period and following the waiting period provided the DIPNC benefits have not begun.
If I donate hours to a good friend who was ill. I have since moved into the private industry. My friend unexpectantly got better and did not need all of the leave I donated. Can I recover the unused donated leave so that it returns to my account should I return to the University?
No. Shared Leave can only be returned to "active" employees. Active employees are those that are working or on a leave without pay.
Are Post Docs or House Officers eligible for Shared Leave?
No. Post Docs and House Officers are not eligible to participate in the Shared Leave program.
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HR, Leave Consultant