POL 05.45.02 - Secondary Employment

About this Policy

Authority:: Chancellor

Responsible Office:: Director for Employee Relations and Workforce Development

Date Established:: October 2002

Last Revised:: January 2025

1. PURPOSE

1.1 The employment responsibilities to the university and the State of North Carolina are primary for any employee working full-time; any other employment in which that person chooses to engage is secondary. An employee shall obtain approval from their manager, supervisor, department chair or dean (or designee) before engaging in any secondary employment. The purpose of this approval procedure is to determine that the secondary employment does not have an adverse effect on the primary employment and does not create a conflict of interest. These provisions for secondary employment apply to all employment except for employment for another North Carolina state agency or university, which is covered under the OSHR Dual Employment Policy.

1.2 Secondary Employment is defined as 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

1.3 Approval for secondary employment may be withdrawn at any time if it is determined that secondary employment has an adverse impact on primary employment.

2. SCOPE

2.1 This policy applies to all permanent, time-limited and trainee SHRA employees regularly scheduled to work thirty (30) hours per week (.75 FTE) or more (who hold a full time position). EHRA Faculty and Non-Faculty employees are covered by UNC Policy 300.2.2.1[R] and POL 05.45.01 - Policy on Conflicts of Commitment and Interest Affecting University Employment.

3. POLICY

3.1 It is the policy of The University of North Carolina at Pembroke (hereafter ‘University') that employment responsibilities of SHRA employees working for the University are primary; any other employment in which those persons may be engaged is secondary. These provisions apply only to non-state sources of income and do not apply to a second job or assignment paid from state funds; those conditions are covered by the OSHR Dual Employment Policy.

3.2 Employees must report any changes in secondary employment status by completing a new Request for Approval of Secondary Employment form and submitting it to their supervisor.

3.3 Employees who are continuing secondary employment must submit an updated Request for Approval of Secondary Employment form to their supervisor annually.

3.4 An employee's secondary employment is considered public information and may be disclosed to third parties upon request.

4. PROCEDURES

4.1 All SHRA employees covered under this policy must have approval from the Supervisor/Manager before engaging in any type of secondary employment. SHRA employees considering secondary employment must request through their Supervisor/Manager in a timely manner to obtain approval prior to beginning secondary employment.

4.2 Requests for approval must be prepared and submitted on the Request for Approval of Secondary Employment form.

4.3 The employee's Supervisor/Manager will submit the request to the Dean/Vice Chancellor/Chancellor for review and approval. Employees and managers may consult with the Office of Human Resources concerning secondary employment inquiries.

4.4 Upon completion, the Supervisor/Manager will provide a copy of the form to the employee and forward the original form to the Office of Human Resources for additional approval by the Assistant Vice Chancellor for Human Resources (or designee) and the Director of Employee Relations and Workforce Development. The form will then be included in the employee's personnel file.

5. APPROVAL CRITERIA

5.1 There must be no conflict of interest between the secondary employer and University as the primary employer. In the context of secondary employment, a conflict of interest would occur where the secondary employment could reasonably be expected to influence the employee's judgment, discretion, or independence of action at the University or result in unfair advantage to a private sector firm doing business with the University. Inquiries concerning conflict of interest should be referred to the Office of Human Resources.

5.2 The regularly scheduled working hours established at the University and with the secondary employer (including reasonable commuting time between jobs) must not overlap or prevent the employee from fulfilling primary assigned duties and responsibilities effectively.

6. RESPONSIBILITIES

6.1 Employees are responsible for seeking approval from their Supervisor/Manager and Dean/Vice Chancellor/Chancellor before engaging in any secondary employment by completing a Request for Approval of Secondary Employment form for all employment that is not covered by the OSHR Dual Employment Policy, and updating the form annually, as well as to document changes as they occur.

6.2 Supervisors/Managers are to review and/or approve as appropriate the employee's Request for Approval of Secondary Employment and forward the request for approval to their respective Dean/Vice Chancellor/Chancellor for approval. If denied, the Supervisor/Manager will provide in writing the reason for denial of the request within ten (10) business days.

6.3 The Dean/Vice Chancellor/Chancellor is responsible for reviewing the Supervisor/Manager's recommendation and ensuring that the Secondary Employment policy is conducted in a fair and consistent manner.

6.4 The Assistant Vice Chancellor for Human Resources/EEO/AA Officer is responsible for ensuring that the Secondary Employment policy is administered on a non-discriminatory basis and all necessary components are in place for an effective program.

7. REVIEW

7.1 A supervisor, after consultation with the Director of Employee Relations and Workforce Development in the Office of Human Resources, may deny an employee's secondary employment immediately if:

7.1.2 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

7.1.3 The supervisor becomes aware that an employee's secondary employment presents a conflict of interest with his/her primary employment or a possible conflict with the university and/or State operations.

7.1.4 If the supervisor observes a decline in work performance and has a reason that the secondary employment has caused the employee's overall work performance to decline below a “meets 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.

7.1.5 If the employee's performance does not improve within a reasonable period of time, and if the supervisor continues to observe a decline in work performance, and the supervisor believes that the secondary employment is the root cause, the supervisor, after discussion with the Human Resources Consultant, may rescind the approval of the employee's secondary employment. The supervisor should allow the employee a reasonable amount of time to give notice of separation to the secondary employer.

7.1.6 An employee's refusal to end his/her secondary employment as directed by this policy is considered a matter of unacceptable personal conduct and may be subject to disciplinary action, up to and including dismissal. Supervisors should contact the Human Resources Consultant in such cases.

7.2 Secondary Employment will be denied if the following would occur:

7.2.1 Creates either directly or indirectly a conflict of interest with the employee's primary employment; or

7.2.2 Has an impact on, or creates any possibility of conflict with, university and/or State operations; or

7.2.3 Impairs 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.

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