Personal Observance Leave

Policy Statement

Cape Fear Community College provides eligible employees for personal observance in accordance with Executive Order 262.

Procedure

Executive Order No. 262 (the “Executive Order”) provides up to eight hours of fully paid leave to eligible employees for a day of personal observance to utilize on a day of significance, including days of cultural, religious, or personal observation. The Executive Order applies to a state agency that voluntarily adopts the Executive Order’s measures. Cape Fear Community College seeks to ensure that employees have an opportunity to observe these days of personal, cultural, or religious importance.

Eligible Types of Employees

Personal Observance Leave is available only to employees who are permanent full-time or temporary full-time. Part-time employees are not eligible for the leave.

Amount of Leave

Full-time employees will receive eight hours of Personal Observance Leave each fiscal year.

Use of Leave

When the Leave Can Be Used

Personal Observance Leave may be used for any single day of personal significance. This includes, but is not limited to, days of cultural or religious importance. The day used for Personal Observance Leave does not have to be a day from the employee’s own religious or cultural background. The total amount of Personal Observance Leave awarded to an employee must
be utilized in one work shift. Employees may use Personal Observance Leave prior to exhausting any accumulated compensatory time (comp time). Employees may use their allotment of Personal Observance Leave beginning September 1, 2022.

Arranging to Take the Day of Leave

Employees should request Personal Observance Leave at least two weeks before the leave is needed, unless such notice is impractical. Any day that the employee identifies as significant for cultural, religious, or personal reasons qualifies under the Policy. Supervisors should not question whether an employee’s identification of a particular day for Personal Observance Leave is sincere and legitimate. The College, to the greatest extent possible, should allow employees to use the leave at the requested time. However, supervisors may require that the Personal Observance Leave be taken at a time other than the one requested, based on the needs of the College. Supervisors are encouraged to accommodate employees who may want to recognize the same day for Personal Observance Leave. When necessary to avoid service and workplace disruptions, supervisors may ask employees to take their leave on different days.

How Personal Observance Leave is Credited during Hire and Transfer

At the time this Policy goes into effect, eligible employees will be credited with leave. Newly hired employees shall be credited with leave immediately upon their employment. Separated employees that are re-employed will receive the same amount of leave as a newly hired employee, unless they previously utilized the leave within the same fiscal year. If an employee moves from one participating agency to another participating agency, unused Personal Observance Leave will transfer to the employee’s new agency. If an employee moves from a participating agency to a non-participating agency, unused Personal Observance leave will not transfer to the non-participating agency, nor is it paid out. If an employee moves from a non- participating agency to a participating agency, the employee will receive leave as a newly hired employee.

Other Limitations

Personal Observance Leave not taken by the end of the fiscal year is forfeited and shall not be carried into the next fiscal year. Personal Observance Leave has no cash value and cannot be converted into retirement credit. Employees shall not be paid for unused Personal Observance Leave at separation. This leave shall not be payable upon death of an employee during state service. Personal Observance Leave shall not be applied to existing negative leave balances. This leave shall not be donated under the Voluntary Shared Leave policy. This leave may not be used for the same purposes as sick leave.

Effective Date and Modification

This Policy becomes effective on the date when it is approved by the Cape Fear Community College Board of Trustees. It may be modified or rescinded by the Board for any reason.