REG - 80.06.8 Secondary Employment Regulation

1. Purpose

Secondary employment is any activity involving the production or sale of goods, the provision of services, the performance of intellectual or creative work for pay in either an employer/employee relationship or in a self-employment capacity, including but not limited to owning a business or working as an independent contractor. This policy sets forth the State of North Carolina and North Carolina Central University (NCCU) requirements for secondary employment for SHRA employees.

2. Scope

2.1 This policy applies to all SHRA (permanent, probationary, part-time, trainee, and time-limited) employees working a consistent schedule of 30 or more hours per week.

2.2 This policy does not apply to NCCU EPS Faculty and Non-Faculty employees who are covered by NCCU REG-80.06.7 Faculty and Non-Faculty EPS Employees Conflicts of Interest and Commitment Policy or the UNC Policy on External Professional Activities of Faculty and Other Professional Staff (EPAP).

3. Policy

3.1 It is the State’s policy that an employee working full-time for NCCU has a primary employment responsibility to the State of North Carolina. Additional employment outside NCCU, which meets the definition in paragraph 1 (Purpose) is secondary employment.

3.2 Prior to engaging in secondary employment, an employee is required to obtain supervisory approval.

3.3 This policy is to ensure that secondary employment is not permitted when it would:

3.3.1 Create either directly or indirectly a conflict of interest with the employee’s primary employment.

3.3.2 Have an impact on or create a conflict with State operations.

3.3.3 Impair in any way the employee’s ability to perform all assigned duties and responsibilities of their primary employment in a satisfactory manner, or to make decisions and conduct in an objective fashion the responsibilities of the employees’ position.

3.4 Secondary employment provisions, established in accordance with the Office of State Human Resources policy, apply to all employment except for employment with another North Carolina state agency, which is covered by the Dual Employment Policy.

4.0 Non-Discriminatory Practice

An eligible employee should not be prevented from participating in secondary employment, based on its nature, nor should an applicant’s secondary employment prohibit them from permanent employment with the University.

5.0 Responsibilities

5.1 Employee Responsibilities

5.1.1 An employee is required to have management approval prior to beginning secondary employment. Engaging in secondary employment without approval, or after approval is withdrawn, constitutes unacceptable personal conduct, and may result in disciplinary action up to and including dismissal.

5.1.2 Employees shall use the University’s secondary employment form to submit their proper request for secondary employment to their supervisor. This form is also required for submitting changes to an employee’s secondary employment arrangement and used annually for documenting recurring secondary employment arrangements.

5.1.3 An employee is responsible for immediately notifying their supervisor of secondary employment and/or any expected changes in secondary employment activities.

5.1.4 Securing management approval for recurring secondary employment is required annually by the participating employee. The completed and approved Secondary Employment Request for Approval Form remains on file in the employee’s department’s personnel file.

5.1.5 For all law enforcement officers, secondary or off-duty employment by full-time University Police employees require the approval of the University Police Department’s Director, and is subject to the conditions outlined on Page 2 of the Secondary Employment Request for Approval Form.

5.1.5.1 Extra-duty employment – Any secondary employment where the duties of that employment are conditioned on the actual or potential use of law enforcement powers and equipment by the officer-employee. Duties or services performed by members of this department for other entities within North Carolina Central University, other universities, or other agencies that are requested and scheduled directly through the Department. North Carolina Central University provides workers' compensation coverage.

5.1.5.2 Off-duty employment – Any secondary employment where the duties of that employment are not conditioned on the actual or potential use of law enforcement powers by the off-duty employee. Duties or services performed by members of this department for another employer, organization or individual who is not affiliated directly with this department when wages, compensation or other consideration for such duties or services are received. Off-duty employment also includes duties or services performed by those members who are self-employed and receive compensation or other consideration for services, products or benefits rendered. North Carolina Central University does not provide workers' compensation coverage.

5.2 Supervisor Responsibilities

5.2.1 An employee’s request for the approval of secondary employment accompanied by the required supporting information is confidential for all purposes other than review and actions by the appropriate officials. Secondary employment is a private individual employee matter in all regards.

5.2.1.1 Secondary employment information is public information. Upon request, disclosure to third parties is possible.

5.2.2 The decision to approve or disapprove secondary employment request is at the supervisor’s discretion. The employee should receive a decision in writing, within fifteen (15) business days of the supervisor’s receipt of the approval form.

5.2.3 An approved request shall specify all conditions or requirements associated with the approval. In the case of self-employment activity, an employee may need to give advance notice for work with individual clients if there exists a potential for conflict of interest.

5.2.4 Disapproval or discontinuation of secondary employment by a supervisor shall include specific reasons(s) for the disapproval or discontinuation. The supervisor’s decision will be final.

5.2.5 The denial or discontinuation of secondary employment is not grieve-able under the University’s employee grievance policy.

5.2.6 Supervisors will annually, in accordance with the applicable performance appraisal cycle, review approved secondary employment requests to determine if there are adverse effects on primary employment performance.

5.3 University Responsibilities

5.3.1 Secondary Employment should be denied when it is:

5.3.1.1 Creates either directly or indirectly a conflict of interest with the employee’s primary employment.

5.3.1.2 Has an impact on or creates a conflict with State operations.

5.3.1.3 Impairs in any way the employee’s ability to perform all expected duties and responsibilities of their primary employment in a satisfactory manner or to make decisions and conduct in an objective fashion the responsibilities of the employees’ position.

5.3.1.4 If secondary employment has an impact on or may create the possibility of conflict with State operations, the form will require the approval of the State Human Resources Director, in conjunction with the State Ethics Commission.

5.4 Office of Human Resources Responsibilities (OHR)

5.4.1 The Office of Human Resources is responsible for:

5.4.1.1 Providing technical consultation to management regarding the secondary employment policy.

5.4.1.2 Notifying employees of secondary employment requirements at the job offer and during employee orientation.

5.4.1.3 Maintaining related personnel records.

5.4.1.4 Maintaining separate files or indexes on all secondary arrangements for the purposes of periodic reporting.

5.4.1.5 The OHR will publish and release communications to NCCU management and to employees annually regarding the Secondary Employment Policy.

6.0 Workers Compensation Responsibilities

6.1 Despite the number of concurrent jobs an employee may have, it is a requirement that an employee file workers compensation claims at the job where they were injured, as lost wages and injuries are associated with the employer where the injury occurred.

6.2 NCCU is not responsible for workers compensation claims or injuries that occur during secondary employment, nor is the University responsible for lost income because of those injuries.

6.3 Employees when signing the Secondary Employment Request for Approval Form attest, they understand secondary employment is not the responsibility of their primary employer, NCCU. Neither is it the expense of the University for claims or injuries that arise during secondary employment.

7.0 Recordkeeping

7.1 A copy of the signed Secondary Employment Request Form remains on file in the employee’s department personnel file. The original form is forwarded to the OHR Benefits and Rewards Department for reporting/retention in the employee’s personnel folder.

7.2 Changes in an employee’s secondary employment status should be reported to the employee’s supervisor when they occur using a new Secondary Employment Request Form.

7.3 Employees continuing secondary employment must submit an updated Secondary Employment Request Form to their supervisor.

8.0 Denial or Withdrawal of Secondary Employment Approval

A supervisor may deny or withdraw approval of secondary employment at any time if it is determined that secondary employment has an adverse impact on primary employment.

8.1 Denial or Withdrawal Due to Conflict of Interest

8.1.1 A supervisor, after consultation with OHR Employment, may deny or withdraw an employee's secondary employment immediately if:

8.1.1.1 The supervisor becomes aware of secondary employment that the employee has not reported and there is evidence that the failure to report has been willful.

8.1.1.2 The supervisor becomes aware that an employee's secondary employment presents a conflict of interest with their primary employment or a potential conflict with State operations.

8.2 Withdrawal Due to Performance

8.2.1 If the supervisor believes the employee’s secondary employment has caused the employee’s overall work performance to drop below the "meeting expectations" performance level, the supervisor must:

8.2.1.1 First, address the matter with the employee as a performance issue.

8.2.1.2 Provide the employee with an adequate period to demonstrate improved performance.

8.2.1.3 Hold a counseling session and issue a recap of the session per a documented memo.

8.2.1.4 Discuss all performance issues and the amount of time the supervisor deems is appropriate for the employee to demonstrate improved performance.

8.2.2 If the employee's performance does not improve within a reasonable period of time (either immediately or at the most, within thirty (30) calendar days), and if the supervisor continues to believe that the secondary employment is the cause of these performance problems, the supervisor, after discussion with the consultants in OHR Employment and Employee Relations, may withdraw the employee's secondary employment. The supervisor should allow the employee a reasonable amount of time (at least two weeks unless the supervisor agrees to an additional amount of time) to give notice of termination to the secondary employer.

9.0 Failure to Comply

An employee's refusal to end their secondary employment as directed by this policy is a matter of personal misconduct and may be subject to disciplinary action, up to and including dismissal. Supervisors should contact the OHR Employee Relations Consultant in such cases.