Title
University of North Carolina at Chapel Hill Policy on Secondary Employment for SHRA Employees
Introduction
Purpose
The purpose of this policy is to outline State of North Carolina ("State") and University of North Carolina at Chapel Hill ("University") requirements for secondary employment for SHRA employees.
Scope of Applicability
This policy applies to all permanent University SHRA employees (including probationary, trainee, and time-limited) regularly scheduled to work 40 hours or more per work week.
These provisions for secondary employment apply to all SHRA employment not covered by the Dual Employment or Additional Employment policies.
Policy
Policy Statement
It is the State's policy that any employee who holds a full-time position with the State must consider the State employment responsibilities as primary. Any employment outside of the primary state position is considered secondary employment. An employee must notify and obtain approval from their supervisor before engaging in secondary employment.
Outside activities of any type must not result in the neglect of primary University duties, creation of a conflict of interest, involve inappropriate uses of the University name or resources, or include claims of University responsibility for the activity.
Secondary employment is not permitted when it would:
- Create either directly or indirectly a conflict of interest with the employee's primary employment; or
- Have an impact on, or create any possibility of conflict with, state operations; or
- Impair in any way the employee's ability to perform all expected duties, or to make decisions and carry out in an objective fashion the responsibilities of the employee's position.
The Office of Human Resources (OHR) will notify all new employees of the provisions of this Policy at the time of job offer. OHR will also send out an annual notification to all employees that outlines the provisions and requirements of this Policy.
Non-Discriminatory Practice
An employee must not be prevented from engaging in secondary employment based on the nature of that employment. Likewise, an applicant's secondary employment must not prohibit them from being selected for permanent employment with the University.
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.
Denial or Withdrawal Due to Conflict of Interest
A supervisor, after consultation with OHR Employment & Staffing, may deny or withdraw an employee's secondary employment immediately if:
- 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; or
- The supervisor becomes aware that an employee's secondary employment presents a conflict of interest with their primary employment or a possible conflict with state operations.
Withdrawal Due to Performance
If the supervisor believes that the secondary employment has caused the employee's overall work performance to drop below a "meeting expectations" performance level, the supervisor must first approach the matter with the employee as a performance issue and provide the employee adequate time to demonstrate improved performance. The supervisor must hold a Documented Counseling Session (DCS) and recap the meeting in writing through a Documented Counseling Memo regarding the performance issue and the amount of time the supervisor will allow for the employee to demonstrate improved performance.
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 their assigned consultants in OHR Employee & Management Relations and OHR Employment & Staffing, 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.
Failure To Comply
An employee's refusal to end their secondary employment as directed by this policy is considered a matter of personal misconduct and may be subject to disciplinary action, up to and including dismissal. Supervisors should contact their Employee & Management Relations Consultant in such cases.
Exceptions
This policy does not apply to SHRA employees who work less than 40 hours per week. In addition, it does not apply to EHRA non-faculty and faculty employees who are covered by the Policy on External Professional Activities of Faculty and Other Professional Staff (EPAP).
Definitions
EHRA non-faculty employee: any individual employed by the state who is Exempt from the Human Resources Act (EHRA) that is not a faculty member.
Faculty employee: an employee who is Exempt from the Human Resources Act (EHRA) and who serves as a paid or unpaid faculty member.
Outside employment: any other employment with a non-state government employer.
Secondary employment: 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 such as an independent contractor.
SHRA employee: any individual employed by the state under the State Human Resources Act (SHRA).
Related Requirements
External Regulations and Consequences
University Policies, Standards, and Procedures
Contact Information
Primary Contact
- Subject: Secondary Employment Policy
- Contact: Assistant Director, Employment
- Phone: 919-843-2300
- Email: hr@unc.edu
Other Contacts
- Subject: Conflict of Interest
- Contact: Conflict of Interest Office
- Phone: 919-843-9953
- Email: coi@unc.edu
- Subject: Withdrawal Due to Performance
- Contact: Employee & Management Relations
- Phone: 919-843-3444
- Email: emr@unc.edu