Benefits and Employment Policy Manual 2013-2014 & Educator Effectiveness Thomas R. Tomberlin Director, District Human Resources Services thomas.tomberlin@dpi.nc.gov (919) 807-3440 Career Status • Effective August 1st, 2013, the NC General Assembly repealed statutes related to career status for NC teachers and other school employees. • Teachers who were not granted career status prior to the 2013-2014 school year shall not be granted career status. • Career status for all teachers will end June 30th, 2018. • Some teachers, but not all, will move to term-limited contracts effective July 1st, 2014. 25% 4-Year Contract Offer • September 1, 2013 – June 30, 2014, superintendents review performance and select 25% of eligible employees for fouryear contracts. • Eligible teachers are those who have been employed by the local district for three or more years and who are proficient, or better, on the state educator evaluation system. 25% 4-Year Contract Offer • Superintendents make recommendations, but the school board has final authority over which teachers are offered the four-year contracts. • Teachers who accept a four-year contract are eligible to receive a $500 per year raise over the life of the contract. • $2000 vs. $5000 compensation question. • Teachers who accept a four-year contract voluntarily relinquish career status, or any claim of career status. • Teachers who accept a four-year contract have due process rights during the term of the contract. Career Status • Teachers who did not accept, nor were offered, a four-year contract and hold career status in their local school district shall retain career status until June 30, 2018. • Career-status teachers retain their due process rights in relation to actions concerning dismissal or demotion. • Career status teachers have protection against demotion or dismissal except for reasons listed in 115C-324.4. Non-Career Status • Teachers who were not granted career status in the 2012-13 school year will not receive career status in the future. • Non-career status teachers who were not offered nor accepted a four-year contract will receive a one-year contract. • LEAs are not obligated to renew a one-year contract (with or without cause). • Teachers with one-year contracts cannot be dismissed or demoted without cause during the term of the contract. Career Status Comparison Teachers Offered a 4 Year Contract Current Career Status Teacher Not Offered a 4 Year Contract • 3 consecutive years of employment in the LEA • Must have acquired status in 2012-13 or earlier • Proficient or better on evaluation instrument (summative) • Cannot have accepted a fouryear contract in 2014-15 school year • 25% of eligible employees in the LEA • Retain due process/appeal rights • $500 annual raise for each year of the contract • No demotion or dismissal without cause • Divestiture of career status, or claim to career status • Renewal guaranteed from one school year to the next • Dismissal or demotion only for cause during contract term • • No expectation of renewal at contract term Career status ends for all teachers June 30, 2018 Teachers Offered a 1 Year Contract • Less than 3 consecutive years of experience in LEA (even if career-status from another district) • Less than proficient on any one of evaluation standards (1-5) • No demotion or dismissal during term of contract without cause • No expectation of renewal from one school year to the next Leave – Annual Leave Years of State Service Monthly Full-Time Accrual Rates 12 Month Full-time Accrual Rates Less than 5 years 1.17 days (9.33 hrs) 14 days (112 hrs) 5 but less than 10 years 1.42 days (11.33 hrs) 17 days (136 hrs) 10 but less than 15 years 1.67 days (13.33 hrs) 20 days (160 hrs) 15 but less than 20 years 1.92 days (15.33 hrs) 23 days (184 hrs) 20 years or more 2.17 days (17.33 hrs) 26 days (208 hrs) • On June 30th, annual leave in excess of 30 days (240 hours) converts to sick leave. • Bus drivers, who work less than 20 hours/week and are not entitled to earn vacation, earn one day of annual leave per year (equal in length to one regular workday). There is no pay-out for this annual leave day. Leave – Annual Leave • • • • • • Local schools may determine the unit of leave – whole days, half days, or hours. Must be consistent in application. Instructional personnel and TAs may not take annual leave while students are in session. *Exception – if substitute is not required, may use AL with supervisor’s approval. Annual leave may be used: – In lieu of sick leave – Adverse weather conditions – During 60 day waiting period for short-term disability – To act as caregiver for injured military family member Advancement of annual leave is at the discretion of the LEA. Interim employees (less than 6 months) may not use previously earned annual leave during interim role. Up to 30 days (240 hours) must be paid out at separation (including death) unless transfer to another LEA/state agency. AL in excess rolls into sick leave. Retirement is deducted from AL payout. Leave – Bonus Annual Leave • NC General Assembly granted 5 “bonus” annual leave days to school employees. • Bonus leave follows the same use policies as annual leave. • Bonus leave transfers with employee to another LEA. • Bonus leave is subject to payout on separation from LEA. This payout is in addition to the 30 days of annual leave payout. • Bonus leave may be donated under the same provisions as annual leave. • Unused bonus leave expires on June 30, 2014 – no rollover. • Some districts elect to tap bonus leave days first for mandated annual leave days. This practice is acceptable, but districts should make the policy clear to all employees. Leave – Sick Leave • Accrues indefinitely at one sick day per month for full-time employee. • Used in whole days, half days, or hours as prescribed by LEA. • Approved uses: employee/dependent illness, injury, or medical appointments, adoption placement (foster care?), death in immediate family, military caregiving. • Superintendents reserve the right to require proof of illness/injury. • Sick leave may be advanced to an employee at the superintendent’s discretion. • Sick leave is not subject to payout on separation except when the employee is approved for long-term disability. • Sick leave is retained in the system for 60 months following separation from state employment (63 months for teachers). • Accumulated sick leave counts as creditable service toward retirement – one month of service for 20 days of unused sick leave. • Sick leave may not be used for inclement weather days. Leave – Voluntary Shared Leave • Full- and part-time permanent employees who have exhausted annual, sick, and bonus leave are eligible to receive donated leave. • Donated leave application must include a doctor’s statement and an authorization to release medical information. Superintendent determines eligibility for VSL. • Donators cannot reduce their leave balances to less than one-half of what can be earned in one year. • No limits on amount of leave a family member may donate – non-family members are limited to 5 days to any one employee. • The combined total of sick leave from non-family members may not exceed 20 days. • Donations must be made to specific employee – not to a bank or pool. • Employees receiving VSL continue to accrue leave and are paid for holidays. Leave – Personal Leave • • • • • • • • Personal leave is accrued by instructional personnel at the rate of 0.20 days per each full month worked not to exceed 2 days per year. PL may accumulate indefinitely and may be carried forward from one year to another. On June 30, PL in excess of 5 days converts to sick leave. Personal leave may not be used on the first day that teachers report for the school year, on a required teacher workday, state testing days, or on the day before or after a holiday or scheduled vacation day unless approved by principal. On all other days, if PL request is made at least 5 days in advance, the request is automatically granted. Teachers using PL receive full salary less substitute deduction. If no sub is retained by the school, the substitute deduction shall be refunded to the teacher. PL is not eligible for pay-out at separation. 60-month rule When a teacher is no longer eligible to earn PL, that teacher may not use previously accumulated PL. PL must be used in whole or one-half day units. Leave - FMLA • • • • • • • • • • FMLA allows employees to take 12 work weeks of unpaid, job-protected leave. Employer pays employee portion of health insurance. May be taken for serious medical condition or birth or placement of child through adoption or foster care. FMLA is federal law and takes precedence over all state or local laws. Employee must be employed with LEA for 12 months (not consecutive) to qualify for FMLA. LEAs must be consistent in how they measure 12 month eligibility. LEAs are independent employers – FMLA eligibility does not transfer across LEAs. All approved periods of paid leave and leave without pay count toward the 12 weeks of FMLA. Holidays occurring during a full work week count toward FMLA time. Holidays during a partial week or extended holidays do not count toward FMLA leave. FMLA may be taken intermittently only if LEA approves. If employee is out for 10 days or more, LEA may request information to determine if leave is FMLA eligible. Special provisions for end of academic term. Disability Plans • Employees who participate in TSERS with at least 12 months of service are eligible for short term disability. • Employer continues to pay employee portion of health insurance while employee is on short term disability. • Employee may use accumulated leave during the 60 day waiting period. • Trial rehab – no more than 5 consecutive days – extends but does not reset waiting period. • Short term may be extended beyond 1 year if Medical Board approves and finds the disability temporary and likely to end. • Employees are allowed to earn while on short term disability. • Employees who participate in TSERS with at least 5 years of service are eligible for long term disability. • Long term disability recipients must resign position with LEA. • State pays employee portion of health insurance. Longevity • • • • • • All permanent full and part time employees with 10 or more years of service are eligible for longevity payments. 10 but less than 15 years 1.50% 15 but less than 20 years 2.25% 20 but less than 25 years 3.25% 25 or more years 4.50% The amount of longevity is a percentage of a teacher’s annual salary on the employee’s anniversary date. Employees on short term disability and workers’ comp collect longevity pay. This is generally factored into the monthly benefit. Leave without pay and charter school service may affect an employee’s anniversary date. Working a 10-month school year counts as a year of service. Payment of longevity when teacher transfers LEA. Longevity • When an employee transfers between districts, the departed district and the receiving district both contribute a pro-rated portion of the longevity payment (for an employee with greater than 10 years of service). – How do we currently pro-rate the longevity payment between districts? 12 month or 10 month increments? Do we count June and July? If so, who pays? • We need Personnel Administrators to weigh in on a policy for 10 year employees who transfer before anniversary date. – If the employee (teacher) finishes his/her 10th school year but transfers before their anniversary date, who pays? The departed district? The receiving district? – What is the cut-off date for sharing payment for a 10-year employee? – Can we streamline this system? I get many calls from employees who can’t get paid from the departed district. Can the receiving district make this part of the onboarding system? Masters Degrees • The differential pay for a master’s degree will be eliminated in the 2014-15 school year. • Teachers must be paid on the “M” schedule in the 2013-14 school year in order to be “grandfathered” in for 2014-15. • Exceptions are for school nurses and instructional support personnel who require a master’s degree for licensure. • NC DPI is working to ensure that all teachers who receive a master’s degree in May 2014 will receive credit in the 2013-14 school year. • For teachers enrolled in a NC school, letter of impending graduation from registrar, unofficial transcript, and Form V due to Licensure Dept. by May 7th, 2014. • Currently there are no provisions for granting “M” status for employees enrolled in a program but who will not complete it by the end of the 2013-14 school year. Employment of Retirees • An retiree with TSERS who completes a 6 month break in service is eligible for reemployment subject to an earnings cap. • Earnings Cap: – 50% of pre-retirement salary OR – $ 31,140 (2014 amount), whichever is greater • If earnings cap is exceeded, retirement benefits will cease on first day of the following month and be suspended the remainder of the calendar year. • State-supported health insurance ceases during suspension period. • Temporary or interim positions should have a clear end. LEAs cannot simply call a position interim to avoid TSERS eligibility. • Employees may serve as bona fide volunteers during the 6 month break in service. Districts should be careful about having retirees volunteer – many adopt a “no volunteering” policy. • Employees are ultimately responsible for monitoring their earnings cap. Affordable Care Act • LEAs are subject to the provisions of ACA. • Implementation of ACA begins January 2015. • Districts are required to measure variable hour employees to determine eligibility for health care benefits. • Districts must implement a measurement period that is greater than 3 months but no longer than 12 months. • Employees who average 30 hours or more must be offered health care coverage by the LEA. Length of coverage must be greater than or equal to the length of the measurement period. • LEAs can actively monitor employees to ensure they do not exceed 30 hours/week. • Substitute teachers do qualify as variable hour employees. • Extended breaks (winter, spring, or summer) cannot be counted to reduce average hours. • LEAs can be fined for failing to offer coverage to eligible employees. North Carolina Educator Evaluation Process Impact of Teachers • Two groups of students captured: • Younger Cohort: began Grade 5 in SY 2010-11 • Older Cohort: began Grade 6 in SY 2010-11 1Students 2Students in the “Low Growth” category have consecutive years of teachers in the Does Not Meet Expected Growth category in the “High Growth” category have consecutive years of teachers in the Exceeds Expected Growth category North Carolina Educator Evaluation Process Updated Evaluation Results SY 2011-12 SY 2012-13 Questions and Answers Questions/Comments Thomas R. Tomberlin thomas.tomberlin@dpi.nc.gov 919-807-3440