Adverse Weather and Emergency Closing: Difference between revisions

Latest revision as of 14:42, 8 February 2024

Policy 602.26

Introduction

1.1 Appalachian State University must assure the delivery of critical services to its students, faculty, staff, clients, customers, patients, and the general public during a variety of adverse weather and emergency events, and facilitate an orderly transition to more limited operations if conditions make that necessary. This policy establishes broad guidelines for how operations may be affected during emergencies and establishes work expectations for employees.

Scope

2.1 This policy applies to all employees of Appalachian State University.

Definitions

Adverse Weather

Significant accumulation of snow or ice, high winds, tornados, earthquakes, hurricanes, flooding, and other weather events that can cause a variety of safety risks to employees, students, clients, customers, patients, or the general public and impede the ability of individuals to travel to or from the campus. Such events can also result in significant logistical challenges, including loss of utilities, IT, and other critical infrastructure that may impede the effective and efficient functioning of the institution or one or more of its operating units.

Chancellor

The Chancellor of Appalachian State University.

Emergency Events

Unusual situations that may adversely impact the University’s ability to continue to provide services to clients, customers, patients, students or the general public or may place members of the campus community (including employees) at risk. Such conditions may include criminal acts or terrorism, fire, chemical spills, adverse or toxic odors, biological and public health threats, sustained loss of critical infrastructure (e.g., power, water, heat, and life safety systems), major public transit disruptions, and special directives or restrictions from public safety authorities.

Mandatory Employees

Employees whose presence has been determined to be mandatory to University operations during certain types of adverse weather or emergency events.

Mandatory Operations

Services that have been determined mandatory to continue during various types of adverse weather and emergency events. Typical examples include: law enforcement and public safety, direct patient care, operating high risk or sensitive research facilities, critical student support services, facility operations, and campus utilities. These services could also include administrative operations that support critical University activities or infrastructure.

Non-mandatory Employees

Employees who have not otherwise been designated as mandatory during adverse weather or emergency events.

President

The President of The University of North Carolina System.

University

Appalachian State University.

Policy and Procedure Statements

Determination of Mandatory Operations

4.1.1 The Chancellor has designated the following University as mandatory operations that will remain open and in operational status during particular adverse weather or emergency events. All other University operations shall be considered non-mandatory and may therefore be subject to reduced/suspended operation or closure during these events. These determinations may vary depending on the event type.

Physical Plant
New River Light & Power
Food Services
Housing & Resident Life
University Police
Telecommunications
Student Health Services
Information Technology
Environmental Health, Safety, and Emergency Management
University Communications
Plemmons Student Union
Student Recreation Center
Belk Library and Information Commons
Parking and Traffic
University Post Office

Mandatory Employees

4.2.1 Mandatory employees are expected to report to or remain at work during adverse weather and emergency events and, if deemed necessary, to work a differing schedule or shift than normally assigned. When required to report to work during these events, the employee is expected to use sound judgment with respect to maintaining personal safety given their individual circumstances, but to also make a substantial and good faith effort to reach the work site in a timely manner.

4.2.2 Mandatory employees should be notified in advance, in writing (or alternatively by electronic means) of this designation. This notification may be accomplished at any point in an employee’s service with the University and will be considered an ongoing condition of employment.

4.2.3 The University may also take the unusual measure of “calling-in” employees who are not normally designated as “mandatory” and temporarily assign them to this status, if a specific adverse weather or emergency event is critical enough to require it.

Decision Making and Criteria for Declaring Emergency Condition Levels

4.3.1 The Chancellor or the Chancellor’s designee is vested with the authority to make decisions regarding changes in campus operational status as a result of adverse weather or emergency events. The determination of the Chancellor or the Chancellor’s designee to cancel classes or other academic, artistic, or athletic programming is a separate decision from the Chancellor’s authority to declare condition levels described below, although the condition levels will be considered when making such decisions. The condition levels may be declared for the entirety of a campus or for one or more specific buildings or operational united based on the scope, severity, and nature of the event.

Condition 1 (Reduced Operations) - Condition 1 is appropriate when an event has significant potential to or is already negatively impacting local area commuting, important campus services, or the efficient functioning of campus buildings and grounds. In this instance, it may be beneficial for the University to permit expanded flexibility for employees to report to work late, leave early, or not report at all, based on their own personal circumstances.
Condition 2 (Suspended Operations) - Condition 2 is appropriate when safety risks or logistical challenges are more severe and there is a substantial interest to have a relatively limited number of individuals travel to or remain at the University. In the event of severe weather events, University officials should consider the totality of factors including National Weather Service alerts and warnings, reported road conditions for major thoroughfares, law enforcement directives, the status of area mass transit, the status of campus utility systems, and executive orders from local government heads or the Governor. The Governor’s declaration of a “State of Emergency” or an advisory by the State Highway Patrol to avoid travel does not automatically necessitate suspended operations, but may be an important consideration in reaching a decision on the University’s operational status.
Condition 3 (Closure) - Condition 3 is limited to events that pose the most severe risks to health and safety or present the most difficult logistical challenges that will severely impede the efficient and effective functioning of the University. Examples include severe weather events which involve substantial numbers of downed trees and/or power lines or uncontrolled flooding over a substantial portion of the local commuting area, substantial and unusual accumulations of snow, ice, or water that risk building stability or safety, or a loss of critical utilities (power, heat, cooling, water, life safety systems). In the event of a loss of utilities, the expected duration of the loss and the feasibility of implementing alternate work sites or logistical arrangements may be a consideration as to whether to declare Condition 2 (Suspended Operations) or Condition 3 (Closure).

*Note: If the Chancellor or Chancellor’s designee believes that a specific event warrants consideration for a Condition 3 designation, then Condition 2 shall be declared at the time of the event. After the fact, UNC General Administration will work promptly with the University to determine if Condition 3 is warranted, and if so determined, the University may apply the Condition 3 paid leave provision retroactively. As a general rule, winter storms are not considered a trigger for Condition 3 (Closure) unless they are accompanied by widespread and dangerous flooding, significant occurrences of downed trees and power lines, sustained failure of critical campus utilities, or a threat to building structures due to accumulated snow, water, or ice.

Limited Operations or Closures for Rented or Leased University Facilities

4.4.1 Landlords do not make the decision to limit or close University operations that occupy leased facilities. However, the closure of a building by a landlord will be a factor for University management to consider in deciding the operational status of University units or entities that reside in that building.

Reporting to Work and Accounting for Missed Work Time

Note: Under all of the Condition levels noted below, supervisors shall facilitate at-home or alternate work sites whenever feasible and safe. Even so, such arrangements may not be practicable for all types of employees or during every type of adverse weather or emergency event.

4.5.1 Condition 1 (Reduced Operations): The University remains open, but certain non-mandatory operations may be reduced due to more limited staffing. Mandatory employees must report to or remain at work. All other employees have the option to report late, leave early, or not work at all; however, the employee is responsible for informing his/her supervisory chain in a timely manner of all such decisions. Employees must code available leave for any work time missed during a Condition 1 event (see “Accounting for Time During Limited Operations or Closures” below), unless the supervisor authorized off site work arrangements or the Governor issues an Executive Order permitting leave with pay for any missed work time.

4.5.2 Condition 2 (Suspended Operations): The University remains open on a very limited basis, but has formally suspended all but mandatory operations due to minimal staffing levels. Employees designated or temporarily assigned as mandatory must report to work as directed; all other employees may not report to work or must leave the workplace when this status takes effect. Employees must code available leave for any work time missed during a Condition 2 event (see “Accounting for Time During Limited Operations or Closures” below), unless the supervisor authorized off site work arrangements or the Governor issues an Executive Order permitting leave with pay for any missed work time.

4.5.3 Condition 3 (Closure): Due to significant and sustained emergency conditions, University facilities are closed; this can apply to the entirety of the University or one or more specific buildings based on the type of incident involved. All or only a limited number of mandatory employees may be directed to remain at or report to work under this condition. This is intended to assure an orderly shutdown of campus facilities and to sustain only the most critical campus utilities and services. All other employees, including those who are otherwise designated as mandatory but not needed for the particular event, are not permitted to report to or remain at work. Employees shall not be required to charge leave or make-up any work time missed during a Condition 3 event, unless the duration of the event necessitates a differing decision by direction of the President or by Executive Order of the Governor.

Accounting for Time during Reduced or Suspended Operations

When an employee misses work time during Condition 1 (Reduced Operations) or Condition 2 (Suspended Operations), the time shall be accounted for as follows:

4.6.1 Compensatory time, if available, must be used first.

4.6.2 If the employee has no compensatory time available, the employee has the option to use annual and/or bonus leave.

4.6.3 If the employee does not have or choose to use annual and/or bonus leave, the employee will take leave without pay (LWOP).

4.6.4 The University may, but is not required to, offer employees the option of “make-up” time in lieu of LWOP or paid leave.

If “make-up” time is offered, it shall be made up no later than 90 calendar days following the triggering event.
“Make-up” time shall not be subject to any premium pay, with the exception of FLSA-mandated overtime, when applicable.

4.6.5 Employees who are already out on approved leave during an event that triggers any of these conditions will charge the approved sick, annual, compensatory, or bonus leave, with no provisions for LWOP or “make-up” time.

4.6.6 If the employee transfers to another University of North Carolina constituent institution or State agency or terminates from State employment before any allowed “make-up” time is satisfied, this time shall be charged to annual or bonus leave. If there is not sufficient annual or bonus leave to cover the make-up time, the value of the make-up time shall be calculated and deducted from the employee’s final paycheck.

Additional Equivalent Time Off (ETO) for Mandatory Employees

4.7.1 FLSA exempt mandatory employees are not eligible to received ETO. When a non-exempt mandatory employee is required to report to or remain at the work site during Condition 2 (Suspended Operations) or Condition 3 (Closure), ETO shall be awarded an hour-for-hour basis as described below.

ETO is in addition to and does not replace any required FLSA overtime or compensatory time for time worked during an event.
The ETO must be used within twelve months of the triggering event.
The scheduling of the ETO shall be subject to management approval, but every reasonable effort shall be made to permit the employee to use the ETO prior to its expiration.
At the end of the twelve-month period, any unused ETO shall expire and is not subject to payout.
Any mandatory or non-mandatory employee who is not required or voluntarily chooses to work at home during Condition 2 (Suspended Operations) or Condition 3 (Closure), or who reports to work during such event without supervisory permission, shall not be entitled to ETO.

Disciplinary and Performance Matters

4.8.1 A mandatory employee who is unable to report to work or remain at work during adverse weather or emergency events on a repeat basis may be subject to disciplinary action for unsatisfactory job performance. A sustained inability to meet obligations for mandatory reporting during adverse weather or emergency events may subject an employee to more significant disciplinary action, up to and including termination.

4.8.2 A non-mandatory employee who physically reports to work in Condition 2 (Suspended Operations) or Condition 3 (Closure) in violation of management directives may be subject to disciplinary action for unacceptable personal conduct.

Communicating University Operational Status

4.9.1 The President for UNC General Administration, and the individual Chancellors for the constituent institutions or their designees, shall be responsible for developing and maintaining procedures for notifying employees when changes in University operational status are in effect. These procedures will also detail the University’s expectations for remaining at work, reporting to work, or accounting for missed time from work. There shall also be a communication plan for how students, clients, customers, patients, and the general public are notified of changes in University operational status due to adverse weather or other emergency events.

Event Reporting Requirements

4.10.1 Any constituent institution that declares any of the three condition levels set forth in this policy for adverse weather or emergency events, either for the entirety of the campus or any individual building or locations, shall formally report this event on the prescribed form(s) to UNC General Administration Human Resources no later than forty-eight (48) hours following the end of the event.

4.10.2 UNC General Administration Human Resources shall report this information regarding any constituent institution, or regarding its own operations, in summary form to the Director of State Human Resources no later than seven (7) business days following the end of the event.

Additional References

NOTE: Upon the adoption of the revision of Appalachian State University Adverse Weather and Emergency Event Policy, Policy 602.26, effective October 19, 2016, Appalachian’s Critical and Essential Staff Policy, Policy 602.28, shall be repealed.

Authority

The University of North Carolina Policy Manual 100.1, The Code Section 502

North Carolina Office of State Human Resources, The University of North Carolina System Adverse Weather and Emergency Event Policy, effective October 1, 2019, and as amended

The University of North Carolina General Administration EHRA Adverse Weather Memo, February 12, 2016

Contact Information

Office of Human Resource Services, 828.262.3186

Original Effective Date

May 6, 2009

Revision Dates

December 17, 2010

October 19, 2016

February 8, 2024

@@ Line 2: / Line 2: @@
 == Introduction ==
+.1 Appalachian State University must assure the delivery of critical services to its students, faculty, staff, clients, customers, patients, and the general public during a variety of adverse weather and emergency events, and facilitate an orderly transition to more limited operations if conditions make that necessary.  This policy establishes broad guidelines for how operations may be affected during emergencies and establishes work expectations for employees.
 == Scope ==
+.1 This policy applies to all employees of Appalachian State University.
 == Definitions  ==
 === Adverse Weather ===
-:Weather events that may prevent some employees from reporting to work but do not necessitate the closing of facilities or curtailing of operations.
+:Significant accumulation of snow or ice, high winds, tornados, earthquakes, hurricanes, flooding, and other weather events that can cause a variety of safety risks to employees, students, clients, customers, patients, or the general public and impede the ability of individuals to travel to or from the campus. Such events can also result in significant logistical challenges, including loss of utilities, IT, and other critical infrastructure that may impede the effective and efficient functioning of the institution or one or more of its operating units.
-=== Emergency Closing Conditions ===
+=== Chancellor ===
-:Conditions that necessitate interruption of all or a portion of University operations. Conditions that may be hazardous to life or safety and that may warrant closing of the University include, but are not limited to: catastrophic life-threatening weather, fire, equipment failure, disruption of utilities, contamination of hazardous agents, terrorist acts or forced evacuations of a work site.
+:The Chancellor of Appalachian State University.
-=== Critical and Essential Employees ===
+=== Emergency Events ===
-:Employees who are required to work during Adverse Weather or Emergency Closing Conditions because their positions have been designated by the University as critical or essential to the University's operations during such conditions. Please refer to the [http://www.hrs.appstate.edu/sites/default/files/criticalessentialstaff.pdf Critical and Essential Staff Policy].
+:Unusual situations that may adversely impact the University’s ability to continue to provide services to clients, customers, patients, students or the general public or may place members of the campus community (including employees) at risk. Such conditions may include criminal acts or terrorism, fire, chemical spills, adverse or toxic odors, biological and public health threats, sustained loss of critical infrastructure (e.g., power, water, heat, and life safety systems), major public transit disruptions, and special directives or restrictions from public safety authorities.
+=== Mandatory Employees ===
+:Employees whose presence has been determined to be mandatory to University operations during certain types of adverse weather or emergency events.
+=== Mandatory Operations ===
+:Services that have been determined mandatory to continue during various types of adverse weather and emergency events. Typical examples include: law enforcement and public safety, direct patient care, operating high risk or sensitive research facilities, critical student support services, facility operations, and campus utilities. These services could also include administrative operations that support critical University activities or infrastructure.
+=== Non-mandatory Employees ===
+:Employees who have not otherwise been designated as mandatory during adverse weather or emergency events.
+=== President ===
+:The President of The University of North Carolina System.
+=== University ===
+:Appalachian State University.
 == Policy and Procedure Statements  ==
-=== Adverse Weather ===
+=== Determination of Mandatory Operations ===
-#In the event that adverse weather conditions are present but the University is not closed then employees will have the option of using Adverse Weather leave.
-#The employee will notify their supervisor has soon as reasonably possible of delay or not reporting to work because of adverse weather conditions.
+.1.1 The Chancellor has designated the following University as mandatory operations that will remain open and in operational status during particular adverse weather or emergency events. All other University operations shall be considered non-mandatory and may therefore be subject to reduced/suspended operation or closure during these events. These determinations may vary depending on the event type.
-#Employee will have the option of using vacation, bonus, compensatory, LWOP, or adverse weather leave to cover this time.
+#Physical Plant
-#If using adverse weather leave the employee will:
+#New River Light & Power
-##Code this time as MSW time on the timesheet
+#Food Services
-##As time is made up, this time should be recorded as AWW time on the timesheet
+#Housing & Resident Life
-##Since there are few opportunities for time to be made up without employee's working more than 40 hours during a workweek, then the supervisor will make arrangements for the employee to make up the time preferably during the workweek in which the time was lost, or limited to a workweek where a employee will not work a full work due to absences such as holidays, vacation sick, leave civil leave, etc.
+#University Police
-##The supervisor must prior approve all make-up time.
+#Telecommunications
-##If the adverse weather leave is not made up within 12 months from the occurrence then the remaining balance will be charged to appropriate leave categories or if no leave is present then negative leave balance will be docked from employee's next paycheck.
+#Student Health Services
-#Supervisors may allow employees to work from home or assign them to alternative work sites during adverse weather so no time is lost. The supervisor has the sole discretion in determining which jobs and duties qualify for this designation.
+#Information Technology
+#Environmental Health, Safety, and Emergency Management
+#University Communications
+#Plemmons Student Union
+#Student Recreation Center
+#Belk Library and Information Commons
+#Parking and Traffic
+#University Post Office
+=== Mandatory Employees ===
+.2.1 Mandatory employees are expected to report to or remain at work during adverse weather and emergency events and, if deemed necessary, to work a differing schedule or shift than normally assigned. When required to report to work during these events, the employee is expected to use sound judgment with respect to maintaining personal safety given their individual circumstances, but to also make a substantial and good faith effort to reach the work site in a timely manner.
+.2.2 Mandatory employees should be notified in advance, in writing (or alternatively by electronic means) of this designation. This notification may be accomplished at any point in an employee’s service with the University and will be considered an ongoing condition of employment.
+.2.3 The University may also take the unusual measure of “calling-in” employees who are not normally designated as “mandatory” and temporarily assign them to this status, if a specific adverse weather or emergency event is critical enough to require it.
+=== Decision Making and Criteria for Declaring Emergency Condition Levels ===
+.3.1 The Chancellor or the Chancellor’s designee is vested with the authority to make decisions regarding changes in campus operational status as a result of adverse weather or emergency events. The determination of the Chancellor or the Chancellor’s designee to cancel classes or other academic, artistic, or athletic programming is a separate decision from the Chancellor’s authority to declare condition levels described below, although the condition levels will be considered when making such decisions. The condition levels may be declared for the entirety of a campus or for one or more specific buildings or operational united based on the scope, severity, and nature of the event.
+#Condition 1 (Reduced Operations) - Condition 1 is appropriate when an event has significant potential to or is already negatively impacting local area commuting, important campus services, or the efficient functioning of campus buildings and grounds. In this instance, it may be beneficial for the University to permit expanded flexibility for employees to report to work late, leave early, or not report at all, based on their own personal circumstances.
+#Condition 2 (Suspended Operations) - Condition 2 is appropriate when safety risks or logistical challenges are more severe and there is a substantial interest to have a relatively limited number of individuals travel to or remain at the University. In the event of severe weather events, University officials should consider the totality of factors including National Weather Service alerts and warnings, reported road conditions for major thoroughfares, law enforcement directives, the status of area mass transit, the status of campus utility systems, and executive orders from local government heads or the Governor. The Governor’s declaration of a “State of Emergency” or an advisory by the State Highway Patrol to avoid travel does not automatically necessitate suspended operations, but may be an important consideration in reaching a decision on the University’s operational status.
+#Condition 3 (Closure) - Condition 3 is limited to events that pose the most severe risks to health and safety or present the most difficult logistical challenges that will severely impede the efficient and effective functioning of the University. Examples include severe weather events which involve substantial numbers of downed trees and/or power lines or uncontrolled flooding over a substantial portion of the local commuting area, substantial and unusual accumulations of snow, ice, or water that risk building stability or safety, or a loss of critical utilities (power, heat, cooling, water, life safety systems). In the event of a loss of utilities, the expected duration of the loss and the feasibility of implementing alternate work sites or logistical arrangements may be a consideration as to whether to declare Condition 2 (Suspended Operations) or Condition 3 (Closure).
+''*Note:  If the Chancellor or Chancellor’s designee believes that a specific event warrants consideration for a Condition 3 designation, then Condition 2 shall be declared at the time of the event.  After the fact, UNC General Administration will work promptly with the University to determine if Condition 3 is warranted, and if so determined, the University may apply the Condition 3 paid leave provision retroactively. As a general rule, winter storms are not considered a trigger for Condition 3 (Closure) unless they are accompanied by widespread and dangerous flooding, significant occurrences of downed trees and power lines, sustained failure of critical campus utilities, or a threat to building structures due to accumulated snow, water, or ice.''
+=== Limited Operations or Closures for Rented or Leased University Facilities ===
+.4.1 Landlords do not make the decision to limit or close University operations that occupy leased facilities. However, the closure of a building by a landlord will be a factor for University management to consider in deciding the operational status of University units or entities that reside in that building.
+=== Reporting to Work and Accounting for Missed Work Time ===
+''Note:  Under all of the Condition levels noted below, supervisors shall facilitate at-home or alternate work sites whenever feasible and safe. Even so, such arrangements may not be practicable for all types of employees or during every type of adverse weather or emergency event.''
+.5.1 Condition 1 (Reduced Operations): The University remains open, but certain non-mandatory operations may be reduced due to more limited staffing. Mandatory employees must report to or remain at work. All other employees have the option to report late, leave early, or not work at all; however, the employee is responsible for informing his/her supervisory chain in a timely manner of all such decisions. Employees must code available leave for any work time missed during a Condition 1 event (see “Accounting for Time During Limited Operations or Closures” below), unless the supervisor authorized off site work arrangements or the Governor issues an Executive Order permitting leave with pay for any missed work time.
+.5.2 Condition 2 (Suspended Operations): The University remains open on a very limited basis, but has formally suspended all but mandatory operations due to minimal staffing levels. Employees designated or temporarily assigned as mandatory must report to work as directed; all other employees may not report to work or must leave the workplace when this status takes effect. Employees must code available leave for any work time missed during a Condition 2 event (see “Accounting for Time During Limited Operations or Closures” below), unless the supervisor authorized off site work arrangements or the Governor issues an Executive Order permitting leave with pay for any missed work time.
+.5.3 Condition 3 (Closure): Due to significant and sustained emergency conditions, University facilities are closed; this can apply to the entirety of the University or one or more specific buildings based on the type of incident involved. All or only a limited number of mandatory employees may be directed to remain at or report to work under this condition. This is intended to assure an orderly shutdown of campus facilities and to sustain only the most critical campus utilities and services. All other employees, including those who are otherwise designated as mandatory but not needed for the particular event, are not permitted to report to or remain at work. Employees shall not be required to charge leave or make-up any work time missed during a Condition 3 event, unless the duration of the event necessitates a differing decision by direction of the President or by Executive Order of the Governor.
+=== Accounting for Time during Reduced or Suspended Operations ===
+When an employee misses work time during Condition 1 (Reduced Operations) or Condition 2 (Suspended Operations), the time shall be accounted for as follows:
+.6.1 Compensatory time, if available, must be used first.
+.6.2 If the employee has no compensatory time available, the employee has the option to use annual and/or bonus leave.
+.6.3 If the employee does not have or choose to use annual and/or bonus leave, the employee will take leave without pay (LWOP).
+.6.4 The University may, but is not required to, offer employees the option of “make-up” time in lieu of LWOP or paid leave.
+#If “make-up” time is offered, it shall be made up no later than 90 calendar days following the triggering event.
+#“Make-up” time shall not be subject to any premium pay, with the exception of FLSA-mandated overtime, when applicable.
+.6.5 Employees who are already out on approved leave during an event that triggers any of these conditions will charge the approved sick, annual, compensatory, or bonus leave, with no provisions for LWOP or “make-up” time.
-=== Notification of Emergency Closing Conditions ===
+.6.6 If the employee transfers to another University of North Carolina constituent institution or State agency or terminates from State employment before any allowed “make-up” time is satisfied, this time shall be charged to annual or bonus leave. If there is not sufficient annual or bonus leave to cover the make-up time, the value of the make-up time shall be calculated and deducted from the employee’s final paycheck.
-.2.1 The Chancellor or the Chancellor's designee will determine when Emergency Closing Conditions exist. The Office of Public Affairs has the responsibility for publicizing the Chancellor's decision. Delay, closing and resumption announcements will be made available on the University's website, Appalnet, campus email and on local radio and regional television stations. A recorded message announcing any delays or closing will be available at (828) 262-SNOW.
-.2.2 A notification that all classes are cancelled means no class will be held on the day or night indicated. Such notice will state the expectations for staff employees. Announcements of class delays will specify the time of day at which classes will resume meeting at their regularly scheduled times. Such delay notice will state the expectation for staff employees. A notification that the University is closed means all classes and other educational activities are cancelled, and only Critical and Essential Employees are expected to report as outlined in the Critical and Essential Staff policy.
+=== Additional Equivalent Time Off (ETO) for Mandatory Employees ===
-=== Critical and Essential Employees During Emergency Closing Conditions ===
+.7.1 FLSA exempt mandatory employees are not eligible to received ETO. When a non-exempt mandatory employee is required to report to or remain at the work site during Condition 2 (Suspended Operations) or Condition 3 (Closure), ETO shall be awarded an hour-for-hour basis as described below.
-.3.1 Critical and Essential Employees are expected to report for or remain at work during Emergency Closing Conditions unless instructed otherwise.
+#ETO is in addition to and does not replace any required FLSA overtime or compensatory time for time worked during an event.
+#The ETO must be used within twelve months of the triggering event.
+#The scheduling of the ETO shall be subject to management approval, but every reasonable effort shall be made to permit the employee to use the ETO prior to its expiration.
+#At the end of the twelve-month period, any unused ETO shall expire and is not subject to payout.
+#Any mandatory or non-mandatory employee who is not required or voluntarily chooses to work at home during Condition 2 (Suspended Operations) or Condition 3 (Closure), or who reports to work during such event without supervisory permission, shall not be entitled to ETO.
-.3.2 Critical and Essential Employees that report to work during Emergency Closing Conditions will be granted paid time off on an hour for hour basis for all hours worked. This time must be used within twelve months after it is earned. Supervisors will make every reasonable effort to schedule leave earned under this policy. Such leave should be used after compensatory leave, if applicable, but before vacation leave or sick leave.
+=== Disciplinary and Performance Matters ===
-.3.3 For Critical and Essential Employees subject to the Fair Labor Standards Act (the "FLSA"), if hours worked during Emergency Closing Conditions produce an overtime situation, the Overtime and Overtime Compensation policy will apply.
+.8.1 A mandatory employee who is unable to report to work or remain at work during adverse weather or emergency events on a repeat basis may be subject to disciplinary action for unsatisfactory job performance. A sustained inability to meet obligations for mandatory reporting during adverse weather or emergency events may subject an employee to more significant disciplinary action, up to and including termination.
-.3.4 As outlined in the Critical and Essential Staff policy, a Critical and Essential Employee's failure to report to work during Emergency Closing Conditions may result in disciplinary action and/or the charge of hours missed from work against accrued leave balances, as deemed appropriate by the employee's supervisor. If conditions cause a Critical and Essential Employee to arrive late, the Critical and Essential Employee's supervisor may determine the conditions justified the late arrival. If deemed justified, the lost time will not be charged to the employee's leave balances or to leave without pay and no disciplinary action will be taken.
+.8.2 A non-mandatory employee who physically reports to work in Condition 2 (Suspended Operations) or Condition 3 (Closure) in violation of management directives may be subject to disciplinary action for unacceptable personal conduct.
-=== Employees Other Than Critical and Essential Employees During Emergency Closing Conditions ===
+=== Communicating University Operational Status ===
-.4.1 Employees not designated as Critical and Essential Employees are not required to charge leave or make up time missed during Emergency Closing Conditions.
-=== Critical and Essential Employees During Adverse Weather ===
+.9.1 The President for UNC General Administration, and the individual Chancellors for the constituent institutions or their designees, shall be responsible for developing and maintaining procedures for notifying employees when changes in University operational status are in effect. These procedures will also detail the University’s expectations for remaining at work, reporting to work, or accounting for missed time from work. There shall also be a communication plan for how students, clients, customers, patients, and the general public are notified of changes in University operational status due to adverse weather or other emergency events.
-.5.1 A Critical and Essential Employee's failure to report to work or delay in reporting to work during Adverse Weather may result in disciplinary action. However, when conditions make travel too dangerous or hazardous, the Critical and Essential Employee's supervisor may determine circumstances justified the Critical and Essential Employee's failure to report to work or delay in reporting to work. If the supervisor determines the failure to report or delay in reporting is justified, the Critical and Essential Employee will have the option of utilizing the appropriate leave or making up the time as allowed non-critical and essential employees and as described in Section G below. In addition, the supervisor may allow the Critical and Essential Employee to work from home or assign the employee to an alternative work site during Adverse Weather so that no time is lost.
-=== Employees Other Than Critical and Essential Employees During Adverse Weather ===
+=== Event Reporting Requirements ===
-.6.1 It is the responsibility of the employee to make a good faith effort to report to work during Adverse Weather. However, an employee is permitted and encouraged to utilize leave privileges when encountering difficulty in reporting for work or when leaving work early due to Adverse Weather. The employee should notify his/her supervisor as soon as reasonably possible of any delay in reporting to work or inability to report to work due to Adverse Weather. The supervisor may allow the employee to work from home or assign the employee to an alternative work site during Adverse Weather so that no time is lost.
-.6.2 SPA employees will have the option of using vacation leave, bonus leave, or compensatory leave, or taking leave without pay or making up time to cover the time away from work due to Adverse Weather. Where operational needs allow, supervisors will make reasonable efforts to arrange schedules whereby SPA employees will be given the opportunity to make up time not worked due to Adverse Weather rather than charging it to leave. For a SPA employee subject to the FLSA, makeup work must be limited to the workweek in which the time was lost or a week when the employee has not worked a full work schedule due to such absences as holidays, vacation, sick leave, civil leave, etc. A SPA employee subject to the FLSA must have advance approval from his/her supervisor before making up time. If a supervisor of an SPA employee subject to the FLSA determines there is a bona fide need for work in excess of forty hours in a given week, a SPA employee subject to the FLSA may apply compensatory time earned for the work in excess of forty hours to any adverse weather leave balance. Supervisors must use extreme care in determining when overtime is justified, and a decision to require overtime shall be based on the same criteria as used when adverse weather conditions are not an issue. Time must be made up within twelve months of the occurrence of the absence. If time is not made up within twelve months, the appropriate leave must be charged. A SPA employee who volunteers to make up time on a holiday will not receive holiday premium pay or equal time off with pay.
+.10.1 Any constituent institution that declares any of the three condition levels set forth in this policy for adverse weather or emergency events, either for the entirety of the campus or any individual building or locations, shall formally report this event on the prescribed form(s) to UNC General Administration Human Resources no later than forty-eight (48) hours following the end of the event.
-.6.3 EPA non-faculty employees should use vacation leave or vacation bonus leave, if applicable, to cover the time away from work due to Adverse Weather; provided, however, that upon approval of an EPA non-faculty employee's supervisor, an EPA non-faculty employee may be given the opportunity to make up the time away from work due to Adverse Weather and, thus, not required to use vacation leave. Time must be made up within twelve months of the occurrence of the absence. If time is not made up within twelve months, the appropriate leave must be charged.
+.10.2 UNC General Administration Human Resources shall report this information regarding any constituent institution, or regarding its own operations, in summary form to the Director of State Human Resources no later than seven (7) business days following the end of the event.
 == Additional References ==
+''NOTE: Upon the adoption of the revision of Appalachian State University Adverse Weather and Emergency Event Policy, Policy 602.26, effective October 19, 2016, Appalachian’s Critical and Essential Staff Policy, Policy 602.28, shall be repealed.''
 == Authority ==
+:[https://www.northcarolina.edu/apps/policy/index.php The University of North Carolina Policy Manual 100.1, The Code Section 502]
+:[https://files.nc.gov/ncoshr/documents/files/University-Adverse-Weather-and-Emergency-Event-Policy-eff-2019-10-01.pdf North Carolina Office of State Human Resources, The University of North Carolina System Adverse Weather and Emergency Event Policy, effective October 1, 2019, and as amended]
+:[https://www.uncp.edu/sites/default/files/2019-09/Adverse-Weather-for-EHRA-Employees-02-12-2016.pdf The University of North Carolina General Administration EHRA Adverse Weather Memo, February 12, 2016]
 == Contact Information ==
+:Office of Human Resource Services, 828.262.3186
-== Effective Date ==
+== Original Effective Date ==
+:May 6, 2009
 == Revision Dates ==
-Last modified 01/04/2011 09:56:39 AM by Matt McNaney
+:December 17, 2010
+:October 19, 2016
+:February 8, 2024
+[[Category:Contents]]
+[[Category:Human Resources]]
+[[Category:Terms and Conditions of Employment]]