POL - 80.06.2 Employment Policies for EHRA Non-Faculty Employees

1. Purpose

These policies govern the appointment of EHRA Non-Faculty Exempt Professional Staff (EPS) and Tier I Senior Academic and Administrative Officers (SAAO) at North Carolina Central University. They are consistent with UNC Policies Senior Academic and Administrative Officers (300.1.1) and Employees Exempt from the State Personnel Act (300.2.1) which governs the employment status, salary, grievance rights, and benefits of full-time employees that are ‘exempt’ from the State Human Resources Act.

2. Scope of Policy and Definitions of Exempt Positions

A. Coverage

This policy applies to all permanent positions Exempt from the State Human Resources Act (EHRA positions) who are not faculty and are not subject to the State Human Resources Act. The positions covered by this policy fall into one of the following categories:  Senior Academic and Administrative Officer-Tier I and Exempt Professional Staff (Instructional, Research, Academic Support, IT Professionals, Finance Professionals, Business Officers, or Audit Professionals).

B. Definitions of Exempt Positions

1. Senior Academic and Administrative Officer Tier-I positions include the Chancellor, vice chancellors, provosts, deans, and directors of major administrative, educational, research and public services activities designated by the Board to the President.
    
2. Exempt Professional Staff positions include employees designated as EHRA non-faculty Instructional, Research, Academic Support, IT Professionals, Finance Professionals, Business Officers, or Audit Professionals - according to definitions approved by the UNC Board of Governors.

3. Appointment of Exempt Positions

1. Method of Appointment

   Every appointment to an EHRA non-faculty position shall be made by the Chancellor or Chancellor’s designee by means of a letter of appointment that fulfills the requirements of Section 3.B.
    

2. Letter of Appointment

   Every letter of appointment to a covered position shall include the title of the position, the initial salary, provision for periodic review of compensation, provision for funding contingencies if applicable, the annual leave entitlement of the employee, notice that the employment is either for a stated definite term or is an “employment at will” subject to continuation of discontinuation at the discretion of the Chancellor, or in a commissioned police officer role subject to disciplinary and discharge procedures as provided in this policy; and notice that these positions are contingent upon the successful verification of educational and professional credentials and completion of a background check; and notice that the employment is subject to these policies as adopted and as they may be periodically revised, and shall include a copy of these policies as an attachment.
    

3. Contingent Appointments

   When an EHRA position is funded in whole or substantial part from sources other than continuing State budget funds or permanent trust accounts, the letter of appointment shall state that continuation of the employee's service in that position is contingent upon the continuing availability of funds from such other sources to support that position, specify the source of such funds, and that the effect of such contingency may apply without the additional notice otherwise required by Sections 3.A, 3.B, and 3.C provided that the affected employee shall be informed at the earliest practicable date of the occurrence of such a funding contingency.
    

4. Individuals Covered by More Than One Employment Policy

   When an employee is to serve simultaneously in more than one type of EHRA position, one position shall be designated in writing as the base that governs the conditions of employment and the rights and responsibilities of the employee. If appointment to an additional type of EHRA position occurs subsequent to the initial appointment, the letter of appointment to the additional position shall include the required designation of base employment. 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.

   Any funding contingency of the type referred to in Section 3.C shall be set forth separately for the covered position and for the other position(s), since the operation of any such contingencies may be independent.

   When an appointment to a covered position is to be accompanied 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.
    

5. Conditions of Employment
    

   1. Senior Academic and Administrative Officers-Tier I

      SAAOs are employed in their administrative positions pursuant to this policy. Except with regard to the appointment of the president, the chancellors, and other employees as provided in The Code or the UNC Policy Manual, no contract or other writing may vary these conditions of employment, nor may any oral agreement modify these provisions. The appointments of SAAOs are subject to the approval of the Board of Governors unless otherwise delegated. Such SAAOs do not have tenure in their administrative positions and, except as provided in The Code or the UNC Policy Manual, they serve at the discretion of their employer and are not appointed to serve for specified periods of time. The continuance of SAAOs is at all times subject to determination by the appropriate authority, as follows:

      The continuance in office of the Chancellor is determined by the Board of Governors, which may act to terminate such an appointment upon its own initiative or upon recommendation of the President. The Board of Governors in all instances shall consult the Chair of the Board of Trustees prior to terminating the appointment of the Chancellor.  The President may place the Chancellor on temporary administrative leave, with or without pay, in the president’s discretion. Before placing the Chancellor on temporary administrative leave, the President shall consult with the Chairman of the Board of Governors, the Chair of the Committee on Personnel and Tenure, and the Chair of the Board of Trustees.

       

   2. The continuance in office of vice-chancellors, provosts, deans, and directors of major educational, research and public services activities shall be determined by the Chancellor, unless otherwise provided for in The Code or the UNC Policy Manual. 

      SAAOs are subject to the direction and control of the Chancellor and serve at the Chancellor’s discretion.  They are employees at will; thus, the Chancellor may not purport to confer on any such officer a period of employment of fixed duration or otherwise confer any property interest in such employment.  However, such an officer may be appointed to a period of employment not to exceed a specified number of years, so long as the appointment letter states clearly that the incumbent officer is subject to discontinuation at any time, during that period, at the discretion of the Chancellor.
       

   3. The compensation of senior officers shall be set by the Board of Governors or unless otherwise delegated.  No Chancellor or other senior academic and administrative officer may be paid, in addition to his or her compensation as established pursuant to the foregoing requirements, for any services rendered to any institution-related foundation, endowment, or other entity that was established by the University, that is controlled by the University, or that is tax exempt based on providing support for the University, without the express approval of the Board of Governors for the president or chancellors, and express approval of the president for all other SAAOs. This provision does not prohibit any institution-related foundation, endowment, or other entity that was established by officers of the University, that is controlled by the University, or that is tax exempt based on being a support organization for the University from providing funds to support the approved compensation of the chancellor, or other SAAO.
       
   4. Exempt Professional Staff
       
      1. Exempt Professional Staff (EPS) are employed pursuant to this policy. The Board of Governors may delegate its authority to make appointments and determine salaries for positions within this section to the president, who may further delegate certain authority as provided by university policies approved by the Board of Governors.
          
      2. EPS appointments within a constituent institution covered by this policy shall be made by the chancellor, or the chancellor’s designee, by means of a letter of appointment that includes notice that the employment conferred is either for a stated definite term, is an employment “at will” subject to discontinuation at the discretion of the chancellor, or is a commissioned police officer role subject to disciplinary and discharge procedures as provided in this policy; the salary, benefits, applicable provisions for the separation of employment, including any separation payment and retreat rights; any funding contingencies applicable to the position; notice that the employment is subject to these policies or applicable institutional policies, as originally adopted and as they may be periodically revised from time to time, and a copy of the institutional policies shall be attached to the letter of appointment (or accessible through references via links in the letter of appointment); and any other term(s) the chancellor (or designee) agrees to, which shall be consistent with applicable policy or regulation. No EPS “at will” appointment may purport to confer any property interest in such employment.
          
      3. When an EPS employee is to serve simultaneously in both a position covered by this policy and a position of University employment not covered by this policy, with the result that two different appointments provide different conditions of employment, one position shall be designated the primary appointment to determine the conditions of employment and the rights and responsibilities of the employee.
          
         1. If appointment to a position covered by this policy occurs after an appointment to a position not covered by this policy, the letter of appointment to the position covered by this policy shall constitute the required designation of primary appointment; conversely, if appointment to a position covered by this policy precedes appointment to the other category of University employment, the letter of appointment or contract establishing the second employment shall constitute the required designation of primary appointment. In either case, the designation of primary appointment shall specifically describe the different rights, duties, and compensation for each position and the relationship, if any, between the two positions.
             
         2. Any funding contingency shall be set forth separately for the position covered by this policy and for the other position, since the operation of any such contingencies may be independent.
             
         3. When an appointment to an EPS position is to be accompanied by appointment to a faculty position pursuant to Section 611 of The Code, the term “affiliate” or similar nomenclature, shall be used to identify the faculty appointment.

4. Discontinuations of Employment

1. Discontinuation of Appointment at Will, with Notice or Separation Pay. Employment within an EPS position that is established by the letter of appointment to be employment “at will” is subject to discontinuation at any time at the discretion, respectively, of the chancellor or designee and may be for any reason or no reason so long as the reason is not unlawful; provided, that such a discontinuation (as distinguished from discharge for cause, Section 4.3) shall be subject to advance timely notice of discontinuation and/or receipt of a lump sum separation payment. At the respective chancellor’s or their designee, the notice provided in Section 4 may be a working notice for the employee, or the notice period may be covered by paid administrative leave.

 FOR EMPLOYEES HIRED PRIOR TO JULY 1, 2024

The chancellor or their designee may provide the employee with a combination of notice and separation pay that totals the respective required number of days. The determination of whether the employee shall receive notice of discontinuation of the appointment, receive separation pay in lieu of notice, or a combination of the two shall be in the sole discretion of the respective chancellor or their designee.

1. During the first year of service, not less than a thirty (30) calendar day notice prior to discontinuation of employment or a lump sum separation payment equivalent to thirty (30) calendar days of pay;
    
2. During the second and third years of service, not less than a sixty (60) calendar day notice prior to discontinuation of employment or a separation payment equivalent to sixty (60) calendar days of pay; and
    
3. During the fourth and all subsequent years of continuous service, not less than a ninety (90) calendar day notice prior to discontinuation of employment or a separation payment equivalent to ninety (90) calendar days of pay.

FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2024

1. The chancellor or their designee shall provide advance timely notice of discontinuation at least thirty (30) calendar days prior to the date of discontinuation.

   In addition to the thirty (30) days’ notice provided above, the chancellor or designee may offer the employee a lump sum separation payment which shall be in exchange for an executed release of any and all claims, to the extent permitted by law, against the University through the date of discontinuation. Such a lump sum separation payment for an employee shall not exceed sixty (60) calendar days of pay and may be limited by policies adopted by the constituent institution, such as defined separation payment amounts based on years of service. An offer of a separation payment is not a right of choice for the employee, but rather an option exercised in the sole discretion of the respective chancellor or designee.
    

2. Expiration of Term Appointment. Employment within a covered EPS position that is established by the letter of appointment to be for a stated definite term expires automatically at the conclusion of the stated term without the requirement of any advance notice. Such an appointment may be renewed or extended at the sole discretion of the employer. Unless otherwise provided in the letter of appointment, the employer may make reasonable efforts to provide at least thirty (30) calendar day notice of a contract renewal but has no obligation to provide notice of renewal (or non-renewal).
    
3. Discharge for Cause. Any Exempt Professional Staff may be discharged for stated cause (for commissioned police officers, see paragraph B4 below).
    
   1. Discharge for cause is to be distinguished from discontinuation with notice (Section 4.1) and automatic expiration of term (Section 4.2).
       

   2. Stated causes for discharge shall include, but not necessarily be limited to, incompetence, unsatisfactory performance, neglect of duty, or misconduct that interferes with the capacity of the employee to perform effectively the requirements of their employment.

      Please note: A documented counseling must be issued prior to discharging or discontinuing an EHRA Non-Faculty employee. For guidance on required steps and procedures, please refer to the EHRA Employees: Step-by-Step Guide for Addressing Unacceptable Personal Conduct or Unsatisfactory Job Performance.
       

   3. The president shall adopt an implementing Regulation for the Discharge for Cause of EPS employees, which shall provide for at least notice and an opportunity to respond.
       
4. Disciplinary Action and Discharge for Commissioned Police Officers. Notwithstanding the above provisions, any employee occupying a covered commissioned police officer position shall be subject instead to the disciplinary procedures as prescribed in Article 8 of G.S. 126 and applicable policy or regulation.

5.  Retreat to a Faculty Position

1. An EHRA non-faculty employee who holds a concurrent tenured faculty appointment may assume the rights and responsibilities of that faculty appointment in the home department after voluntary or involuntary removal from an administrative appointment, unless a proceeding is initiated to discharge or demote the employee from the faculty position. If there has been an administrative stipend during the appointment, the stipend should be removed and the salary adjusted from a 12-month administrative salary to a 9-month or 12-month salary commensurate with the salaries of comparable faculty members.
    
2. For those individuals hired into such position before May 2, 2010, at the Chancellor’s discretion, the Chancellor may provide for a reasonable period of time with full administrative salary to provide an opportunity for the employee to prepare for teaching and research responsibilities. The reasonable period of time should be related to the time spent in administrative duties. If the Chancellor proposes to pay the administrator full or partial administrative pay after the termination of the administrator’s administrative duties for longer than one year, the agreement must be approved by the Board of Trustees.
    
3. For those individuals hired into covered positions on or after May 2, 2010, at the discretion of the Chancellor, the Chancellor may provide for up to a one semester research leave for any tenured faculty member who has served in one or more consecutive Senior Academic and Administrative Officer positions subject to Policy 300.1.1, I.A for at least five years in order to provide an opportunity for the faculty member to prepare for teaching and research responsibilities. Prior to the beginning of the research leave, the administrator shall submit a work plan for the leave period to include expected outcomes. The plan will be reviewed and approved by the Chancellor.  The leave will be paid at a salary commensurate with the salaries of comparable faculty members.

6. Reappointment of an Administrator without Faculty Retreat Rights

An EHRA non-faculty employee who is employed at will has no claim to a position at the University.  The University may determine that it is in its best interest to assign an employee without faculty retreat rights to another administrative or teaching position.  In the case of such reassignment, the employee must receive advance notice in accordance with Section 4.1 above, and the new salary must be appropriate to the assignment.

7. Termination of Employment Because of Financial Exigency or Program Curtailment or Elimination

Employment within a position covered by this policy that is established by the letter of appointment to be for a stated definite term may be terminated prior to expiration of the stated term because of: 1) demonstrable, bona fide institutional financial exigency or 2) major curtailment or elimination of a program. "Financial exigency" is defined to mean a significant decline in financial resources of the University that compels a reduction in the institution's budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or an elimination of a program shall be made by the Chancellor, with advance notice to and approval by the President and the Board of Governors. If the financial exigency or curtailment or elimination of a program is such that the contractual obligation to an employee cannot be met, the employment of the individual may be terminated, subject to the following notice requirements; 1) during the first year of service, not less than thirty (30) days’ notice prior to termination; 2) during the second and third years of employment, not less than sixty (60) days’ notice prior to termination; and, 3) during the fourth and all subsequent years of service, not less than ninety (90) days’ notice prior to termination.

8. Procedures for Discharge for Cause

The penalties of discharge or suspension may be imposed only in accordance with the procedures set forth in this section. For purposes of this policy, an individual serving a stated term should be regarded as having the protection of these procedures until the end of the term. These discharge procedures shall not apply to cases of non-reappointment, discontinuation, or expiration of a term appointment.

1. Notification of Intent to Discharge

   The executive officer of the employee's division shall send the individual by certified mail, return receipt requested, a written statement of intention to discharge the individual. The statement shall include notice of the individual's rights, upon request, to both written specification of the reasons for the intended action and a hearing.
    

2. Request for Specification of Reasons for Discharge

   If, within five (5) calendar days after receiving the notice of intent to discharge, the individual makes written request, by certified mail, return receipt requested, for a specification of reasons, the executive officer shall supply such specification in writing by certified mail, return receipt requested, within five (5) calendar days after receiving the request. If the individual makes no written request for a hearing within five (5) calendar days after receiving the specification, the individual may be discharged without recourse to any University appellate procedure.
    

3. Request for Grievance Hearing

   If the individual makes a written request for a hearing to the Chair of the EHRA Non-faculty Grievance Committee within five (5) calendar days of receiving the specification of reasons for discharge, the Chair may attempt to resolve the issue through mediation.  If the issue is not resolved through mediation, the Chair shall appoint a hearing committee of not less than three members of the EHRA Non-faculty Grievance Committee.  The hearing shall be on the written specification of reasons for the intended discharge. The hearing committee shall accord the individual twenty (20) days from the time it receives a written request for a hearing or from the failure of mediation, whichever is later, to prepare a defense. The hearing committee may, upon the individual's written request and for good cause, extend this time by written notice to the individual and to the Chancellor.
    

4. Grievance Hearing

   The hearing panel shall conduct a hearing in accordance with the procedures specified in Section 9 and make a written recommendation to the Chancellor.
    

5. Grievance Decision

   If the Chancellor concurs in a recommendation of the committee that is favorable to the individual, the Chancellor's decision shall be final. If the Chancellor declines to accept a committee recommendation that is favorable to the individual or concurs in a recommendation that is unfavorable to the individual, the individual may appeal the decision consistent with provisions of Section 8.6.
    

6. Appeal of Grievance Decision

   An employee may appeal the Chancellor’s decision to the Board of Trustees.  The employee must file a written notice of appeal to the Board of Trustees within fourteen (14) calendar days after the date of the Chancellor’s decision by submitting notice to the Chancellor, for transmission to the Board of Trustees, a written notice of appeal including a brief statement of the basis for the appeal, by certified mail, return receipt requested, or by another means that provides proof of delivery, and alleges as set out in The Code of the Board of Governors of The University of North Carolina, Section 611, sub-section (1)(b). The decision of the Board of Trustees is final, subject only to discretionary review by the Board of Governors.

9. Review of Discontinuations or Non-Reappointments and Other Employment Grievances

1. Request for a Grievance Hearing

   Grievances concerning discontinuation of employment with notice or severance pay pursuant to Section 4.1 or non-reappointment pursuant to Section 4.2 may be brought only upon allegations of violations of applicable notice or severance pay requirements or violations of any provision of Sections 11 or 12 of this policy.
    

2. Grievances shall be filed in writing with the Chair of the EHRA Non-faculty Grievance Committee within thirty (30) calendar days of the alleged event.
    

3. Mediation

   The Chair may attempt mediation to resolve the grievance.
    

4. Grievance Hearing

   If mediation is not successful within sixty (60) calendar days, the Chair shall convene a hearing panel to conduct a hearing in accordance with Section 10 below.
    

5. Grievance Decision
    

   If the Chancellor concurs in a recommendation of the committee that is favorable to the individual, the Chancellor's decision shall be final. If the Chancellor declines to accept a committee recommendation that is favorable to the individual or concurs in a recommendation that is unfavorable to the individual, the individual may petition the Chancellor to review the decision within ten (10) days after receipt of notice of the Chancellor's decision, if the petitioner alleges that appropriate procedures were not followed or that the individual was denied any opportunity to submit relevant evidence. Upon receipt of the petition for review, the Chancellor or Chancellor’s designee shall review the petition and any relevant information about appropriate procedures that were not followed or denial of an opportunity to submit relevant evidence. Upon conclusion of this review, the Chancellor may remand the matter to the hearing committee for further hearings or affirm the prior decision.
    

6. Appeal of Grievance Decision

   An employee may appeal the Chancellor’s decision to the Board of Trustees. The employee must file a written notice of appeal to the Board of Trustees by submitting notice to the Chancellor within fourteen (14) calendar days after the date of the Chancellor’s decision. The appeal to the Board of Trustees shall be decided by the Board; however, the Board of Trustees may delegate the duty of conducting a hearing to a standing or ad hoc committee of at least three members. The Board of Trustees, or its committee, shall consider the appeal on the record, but may, in its discretion, hear other evidence as it deems necessary.  In all cases, review shall be limited to the question of whether the Chancellor committed clear and material error in reaching his or her decision. The Board of Trustees decision shall be made within 120 days after the Chancellor received the request for appeal. The decision of the Board of Trustees shall be final.

10.  Conduct of EHRA Non-Faculty Grievance Hearings

1. EHRA Non-faculty Grievance Committee
   The Chancellor shall appoint an EHRA Non-Faculty Grievance Committee consisting of EHRA non-faculty employees generally representative of the types and locations of EHRA non-faculty positions in the institution.  The Chancellor shall designate one member of the committee as Chair.
    

2. Mediation

   At the discretion of the Chair, the grievant may be asked to consider mediation in an attempt to resolve the issue.  Mediation may be conducted by the Chair or other member of the EHRA Non-Faculty Grievance Committee or by another mediator agreed to by both parties.  Timeframes for conducting grievance hearings are suspended during the period of mediation.  The time period of mediation cannot exceed sixty (60) days.
    

3. Grievance Hearing

   Should mediation not be attempted or not resolve the issue, the Chair shall appoint a panel of not less than three members of the EHRA Non-faculty Grievance Committee to hear the grievance.
    

4. The hearing shall be closed to the public.  The individual shall have the right to present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses and to examine all documents and other adverse demonstrative evidence. Formal rules of evidence shall not apply; relevancy of evidence shall be determined by the chairperson of the hearing committee. All proceedings shall be recorded; upon request, a copy thereof shall be furnished to the individual for a reasonable charge not to exceed the cost of producing the copy.
    
5. The burden of proof shall be on the Executive Officer, or the Executive Officer's designee of the employee's division, and he/she may participate in the hearing to present evidence, cross-examine witnesses and make argument.
    
6. The committee shall consider only the evidence presented at the hearing and such written or oral arguments as the committee, in its discretion, may allow. The committee shall make its written recommendations to the Chancellor within ten (10) days after its hearing concludes.

11. Equal Employment Opportunity

It is the policy and intention of North Carolina Central University that there be equal employment opportunity and freedom from unlawful discrimination in all employment within the University as set out in Section 103 of The Code. Employment in SAAO or EPS covered positions shall be conducted in accordance with all provisions of state or federal law or regulation prohibiting any such discrimination, and in accordance with applicable equal employment policies/procedures. 

12. Protected Activity

Employment in SAAO or EPS positions 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 employees in SAAO and EPS positions shall be subject to any limitations on political activity established by Article 5 of G.S. 126. The Board of Governors’ policies concerning political activity, Section 300.5.1 of the UNC Policy Manual, et seq. as they may be revised from time to time, shall apply to SAAO and EPS positions. 

13. Holiday and Leave Entitlement

1. Holidays

   EHRA non-faculty employees shall be subject to the same number of days as given to employees subject to the State Human Resources Act.
    

2. Annual Leave
    

   1. Basic Leave Policy

      The amount of annual leave to which a permanent full-time employee (1.00 FTE) in a position covered by these regulations shall be entitled to accrue is 24 workdays per year. Annual leave is accrued at a monthly rate and is adjusted proportionately for permanent part-time employees who work halftime or more (0.50 - 0.99 FTE). The monthly earnings amount is equal to one-twelfth of the annual rate for each month the employee works or is on approved leave with pay. Monthly leave is earned when an employee works or is on approved leave with pay at least half the working days of a month. The scheduling of an employee’s annual leave shall be subject to the approval of the employee’s supervisor. 

      The maximum number of unused days of annual leave that an EHRA employee may accrue and carry forward from one fiscal year to the next shall be 30 workdays. Annual leave in excess of 30 work days will be automatically converted to sick leave at the end of the fiscal year.
       

   2. Annual leave may not be advanced.  If an employee separates from the University and has taken more annual leave than has been accrued, then the University will determine the amount of leave the employee must repay to the University and make all deductions from the employee's final paycheck accordingly.
       
   3. Payout of accrued annual leave. An employee who has accrued unused annual leave upon discontinuation of employment from the University and who either does not request or is not eligible to transfer such accrued leave to another State or local governmental agency, shall be paid for such unused annual leave.  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. An employee who has been employed for more than twenty-four (24) months shall be paid subject to a maximum of 30 such days.
       

   4. Employees covered by this policy are entitled to the same leave benefits as those under the North Carolina Human Resources Act, including Sick Leave, Family and Medical Leave, Paid Parental Leave, Family Illness Leave, Civil Leave, Military Leave, Community Service Leave, and Special Annual Leave Bonus.

      With supervisory approval and in accordance with institutional policy, employees may be advanced sick leave for the remainder of the year or a 12-month period.
       

   5. Leave of Absence Without Pay. Employees in positions covered by this policy may request a leave of absence without pay, subject to approval of such leave by the chancellor, as applicable.
       
   6. Voluntary Shared Leave. Employees in positions covered by this policy shall be subject to the same provisions concerning shared leave as are applicable to employees subject to the North Carolina Human Resources Act with the exception that the donation and acceptance of such leave shall be computed on the basis of days rather than hours.
       
   7. Educational Leave. Employees in covered positions are entitled to the same opportunities as other University employees to invoke the privilege of tuition waiver conferred by Section 1000.2.2 of the UNC Policy Manual.
       
   8. If an employee changes contract status from twelve (12) months to nine (9), ten (10) or eleven (11) months, then the employee's annual leave balance as of the effective date of the contract change will be paid out at the time of the appointment conversion. An employee who transfers inside the University to another leave earning EHRA or SHRA position shall have the annual leave balance transferred to that position.
       
   9. The university will not accept transfer of annual leave or bonus leave from another UNC constituent institution or State or local agency.  Any exception to this provision must be approved by the Chancellor.

14. Statutory and Other Rules of Employment

1. Privacy of Personnel Records

   An EHRA non-faculty employee has the protections of and is 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

   An EHRA non-faculty employee has the protections of and is 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

   An EHRA non-faculty employee is subject to the policy concerning employment of related persons as adopted by the Board of Governors on April 13, 1973, and as it may be revised from time to time.
    

4. Retirement

   An EHRA non-faculty employee may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes.

15. Improper Relationships

An EHRA non-faculty employee is subject to the policy concerning Improper Relationships between Students and Employees as adopted by the Board of Governors on March 15, 1996, and as it may be revised from time to time.

16. Non-Salary and Deferred Compensation

An EHRA non-faculty employee is subject to the policy concerning Non-Salary and Deferred Compensation as adopted by the Board of Governors on September 8, 2005, and as it may be revised from time to time.

17.  Conflicts of Interest and Commitment

An EHRA non-faculty employee is subject to the policy concerning Conflicts of Interest and Commitment Affecting Faculty and Non-faculty EHRA Employees as adopted by the Board of Governors on April 16, 1993, and as it may be revised from time to time.