GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    2

HOUSE BILL 214

Committee Substitute Favorable 3/26/09

Short Title:        State Employee Community Service Days.	(Public)
Sponsors:
Referred to:

February 19, 2009

A BILL TO BE ENTITLED

AN ACT providing state employees with up to five days of paid community service leave when volunteering their services in the event of emergencies declared by the governor.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 166A‑32 reads as rewritten:

"§ 166A‑32.  Disaster and community service volunteer leave.

(a)        An employee of a State agency who is a disaster service volunteer of the American Red Cross may be granted leave from his or her work with pay for a time not to exceed 15 work days in any 12‑month period to participate in specialized disaster relief services for the American Red Cross. To be granted leave, the request for the services of that employee must come from the American Red Cross. The decision to grant the employee leave rests in the sole discretion of the employing State agency based on the work needs of that agency. Employees granted leave pursuant to this Article shall not lose seniority, pay, vacation time, sick time, or earned overtime accumulation. The State agency shall compensate an employee granted leave under this Article subsection at the regular rate of pay for those regular work hours during which the employee is absent from his work. Leave under this Article subsection shall be granted only for services related to a disaster occurring within the United States.

The State of North Carolina shall not be liable for workers compensation claims arising from accident or injury while the State employee is on assignment as a disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a state agency. The employee is granted leave based on the need for the employee's area of expertise. Job functions although similar or related are performed on behalf of and for the benefit of the American Red Cross.

(b) An employee of a State agency who volunteers in the event of an emergency declared by the Governor may be granted leave from his or her work with pay for a time not to exceed five workdays in any 12‑month period to participate in community services activities associated with an emergency declared by the Governor. The community services activities associated with an emergency declared by the Governor must be performed with the consent and under the supervision or authority of a nonprofit, nonpartisan community service organization. For purposes of this subsection, a community service organization is a human service organization licensed or accredited to serve citizens with special needs, or a charitable organization designated as such under section 501(c)3 of the Internal Revenue Code and that provides disaster relief or response services. The decision to grant the employee leave rests in the sole discretion of the employing State agency based on the work needs of that agency. Employees granted leave pursuant to this subsection shall not lose seniority, pay, vacation time, sick time, or earned overtime accumulation. The State agency shall compensate an employee granted leave under this subsection at the regular rate of pay for those regular work hours during which the employee is absent from his or her work. Leave under this subsection must be preapproved and shall be granted only for services related to a disaster occurring within North Carolina. Upon request, the employee shall assist the employing State agency in verifying the community service participation by obtaining a written statement to document the employee's volunteer participation.

The State of North Carolina shall not be liable for workers' compensation claims arising from accident or injury while the State employee is on leave pursuant to this subsection. Duties performed while on the leave shall not be considered to be a work assignment by a State agency."

SECTION 2.  The leave granted under this act shall be in addition to any community service leave otherwise granted to State employees.  The State Personnel Commission may adopt rules pursuant to this act.

SECTION 3.  This act becomes effective July 1, 2009.