a. The Family and Medical Leave Act (FMLA) of 1993
b. North Carolina State Personnel Manual, Section 8, Pages 26-28, Subject: Leave Without Pay
1. Parental Leave Without Pay for Faculty and Staff Not Eligible for Family and Medical Leave
a. Members of the faculty and staff who are not eligible for family and medical leave (see PIM-9 – Leave Administration, Family and Medical Leave) and who are the natural parents of a newborn infant or the parents of a newly adopted child may request "Parental Leave" in accordance with the leave without pay provisions contained in the reference listed above appropriate to the requestor's employment category.
b. Leave without pay shall be granted to the natural mother for the total period of personal disability not covered by sick leave (if applicable). Since there is not certainty as to when the disability period begins and ends, a doctor's certificate shall be required to establish the employee's period of temporary disability due to childbirth.
c. Leave without pay may be granted to the natural mother prior to and/or after the period of temporary disability.
2. Employees Subject to the Provisions of the State Personnel Act (SPA)
a. Permanent (full-time and part-time) and probationary staff employees who are subject to the provisions of the State Personnel Act (SPA) may request leave without pay for the following purposes:
i. Vacation Leave
ii. Sick Leave
iii. Family and Medical Leave (FML)
iv. Parental Leave
v. Education Leave
vi. Other reasons deemed justifiable by the supervisor and the HR Director
b. Requests for leave without pay should normally not exceed six months. For employees who submit time cards (FLSA Subject), requests for leave without pay for periods of forty (40) hours or less may be approved by the appropriate supervisor. An Application for Leave is utilized by the employee to obtain supervisory approval for such a request. A supervisor's signature on an Employee Time Record with "LEAVE WITHOUT PAY" entries constitutes approval of the request for payroll purposes. As supervisors also have the authority to advance vacation and sick leave on an individual basis, upon written request (Application for Leave) from the employee, not to exceed the amount the employee can accumulate during the current calendar year, the need for short-term (40 hours or less) leaves without pay should be minimal.
(NOTE: As a point of clarification, employees who are absent from work without proper authorization from the appropriate supervisor are to be reported on the Employee Time Record (ETR) as "ABSENT" rather than as being on "LEAVE WITHOUT PAY". Leave without pay connotes the employee has approval to be away from the job but is not in a pay status. Absent connotes the employee is away from the job without proper authority and is not in pay status.)
c. Requests for leave without pay from employees who submit time cards (FLSA Subject) for periods longer than forty (40) hours and all requests from employees who do not submit time cards (FLSA Exempt) must be submitted in writing through the appropriate supervisor to the Benefits Manager. The request must include:
i. A reason for the request;
ii. The length of time requested for leave without pay; and
iii. Estimated date of return to work.
Approval of an employee's request for leave without pay requires the favorable recommendation of the appropriate supervisor as determined by the department/office head. Factors to be considered by the supervisor when responding to individual requests for leave without pay are:
iv. Employee's need for leave;
vi. Ability to fill the position during the employee's absence;
vii. Willingness to reinstate the employee; and
viii. Chances of employee returning to work.
The supervisor must administer leave without pay in a manner that is equitable to all employees within the work unit.
If the supervisor recommends approval of the request, the Benefits Manager will inform the employee of (1) his/her benefit entitlements during leave without pay and (2) obligations regarding return to work. These matters must be discussed with the employee before leave without pay is approved.
Upon final approval of the request for leave without pay, the Benefits Manager will notify the employee and supervisor in writing. Employee Time Reports are not required for employees on leave without pay for more than 40 hours. Employees returning to work from leave without pay must meet with the Benefits Manager before returning to work status.
3. Employees Exempt from the State Personnel Act in Covered Positions (EPA Staff)
Staff employees in covered positions (EPA Staff) may request a leave of absence without pay for any purpose. Such requests are submitted in accordance with UNC Charlotte Policy Statement #64 to the appropriate Vice Chancellor and are subject to approval by the Chancellor.
4. Senior Administrative Officers
Senior Administrative Officers of the University may request a leave of absence without pay for any purpose. Such requests are submitted to the President in accordance with UNC Charlotte Policy Statement #102.9.