Postdoctoral Scholars

1. Introduction

Postdoctoral scholars (“Postdocs”) make important contributions to a robust university research enterprise through temporary engagements that allow them to deepen their technical expertise, boost publication records, secure funding, and advance their disciplinary fields under the guidance of a faculty mentor. They gain important training and research experience through their relationship with East Carolina University (“ECU”) in ways that support and fulfill the research and scholarship missions of the University. Postdocs receive professional development and training under the supervision of a faculty member. This regulation describes the terms and conditions of postdoctoral appointments. 

If there is a conflict between the content of this regulation, UNC System Code and Policy Manual, and applicable state or federal law the following order of precedence shall apply (1) applicable law, (2) UNC System Code and Policy Manual, and then (3) this Regulation.

2. Qualifications for Postdoctoral Scholars

• 2.1. Definition of a Postdoctoral Scholar. A Postdoctoral Scholar is an individual who has received a doctoral degree or equivalent who is engaged in a temporary period of mentored research and professional development to prepare for an independent career, usually in research and teaching. .
• ECU defines “postdoctoral scholars” as follows:
  • 2.1.1. A postdoctoral scholar is an individual that:
    • 2.1.1.1. Has obtained a Ph.D., equivalent doctorate, or other appropriate terminal degree in an appropriate discipline;
    • 2.1.1.2. Is employed at ECU in a temporary at-will appointment, for a maximum of five (5) years;
    • 2.1.1.3. Whose appointment involves substantial research or scholarship;
    • 2.1.1.4. Is appointed with the intention of preparing the individual for a full-time academic and/or research career;
    • 2.1.1.5. Is supervised by a faculty member who serves as the individual’s mentor; and
    • 2.1.1.6. Is expected to disseminate or submit for publication the results of their research or scholarship conducted during the period of their appointment.
• 2.2. Recruitment and Hiring of Postdoctoral Scholars. All Postdocs shall be recruited and hired in accordance with all University EHRA Non-Faculty Employment Policies and Procedures.
• 2.3. Classification of Postdoctoral Scholars. All Postdocs are classified as Exempt Professional Staff (EPS) temporary positions that are terminable at will, at the sole discretion of the University. 

3. Postdoctoral Appointments

• 3.1. Terms and Conditions of Appointment.
  • 3.1.1. Except for Articles 6 and 7 of Chapter 126 of the North Carolina General Statutes (State Human Resources Act), Postdocs are not subject to the State Human Resources Act.
  • 3.1.2. Postdoc appointments are “at will” and subject to continuation or discontinuation at the discretion of the Provost or designee.
  • 3.1.3. Postdoc appointments are temporary and may not exceed five (5) years, unless an exception is approved in advance by the Provost or designee.
  • 3.1.4. All Postdoc appointments are contingent upon the following:
    • 3.1.4.1. Verification of the individual’s academic credentials;
    • 3.1.4.2. Verification of the individual’s eligibility to work and be paid in the United States;
    • 3.1.4.3. A satisfactory criminal background check in accordance with ECU’s Employment-Related Background Checks, Criminal Activity Reporting, and Applicant Salary History Policy;
    • 3.1.4.4. The continued availability of state or non-state appropriated funds to support the position; and
    • 3.1.4.5. Satisfactory work performance, research progress, and programmatic need.
• If any of the above contingencies are not met, the offer of employment shall be rescinded, or if the Postdoc has begun employment, the Postdoc will be terminated immediately without any notice or obligations for further payment of salary or continuation of any benefits. Further, any falsification of an employment application or other employment related information shall be grounds to rescind any employment offer or terminate the Postdoc’s employment immediately. 
  • 3.1.5. All Postdoc appointments are subject to annual performance reviews that are documented and placed in the Postdoc’s personnel file by their supervisor. The Office of Postdoctoral Affairs (OPA) shall be notified, via email, once performance reviews are completed each year.
• 3.2.   Appointment Letter
  • 3.2.1.All Postdocs shall be appointed through the issuance of an appointment letter maintained and approved by POSO that includes the following:
    • 3.2.1.1. Designation of the appointment as “at-will” and subject to continuation or discontinuation at the discretion of the University;
    • 3.2.1.2. Statement that the appointment shall not exceed a period of five (5) years;
    • 3.2.1.3. Statement that the appointment is contingent upon the verification of educational credentials, satisfactory background check, authorization to work in the United States, and availability of state or non-state appropriated funds;
    • 3.2.1.4. Salary and benefits information;
    • 3.2.1.5. Statement that the position is either FLSA exempt or FLSA subject;
    • 3.2.1.6. Description of the work duties and responsibilities for the Postdoc position;
    • 3.2.1.7. Name and title of the faculty mentor; and
    • 3.2.1.8. Statement that the Postdoc must comply with all applicable ECU and UNC System Office policies, regulations, and procedures.
  • 3.2.2. Any changes or deviations from the approved appointment letter template require prior review and approval by POSO and the Office of University Counsel (OUC).
• 3.3.   Salary Requirements/FLSA Status for Postdocs
  • 3.3.1. Postdocs shall be compensated at or above the federal FLSA exempt salary threshold in effect at the time of hire. Compensation above the minimum amount is encouraged based on the experience and discipline of the applicant, when funding is available. Resources, such as the NIH National Research Service Award  (NRSA) training grants and fellowship guidelines, may provide additional guidance on appropriate compensation levels. The anticipated recruitment salary range will be included in the Position Posting.
  • 3.3.2. Part-time appointments are compensated on a pro-rata basis and need to follow applicable Fair Labor Standards Act (FLSA) regulations. Any Postdoc paid at a salary below the minimum salary threshold for exempt status under the FLSA, shall be required to record hours worked and will be subject to overtime.
  • 3.3.3. All Postdocs must utilize the University’s electronic time/leave management system,  to either report their hours worked or leave taken as appropriate to their classification as either FLSA exempt or FLSA subject.
  • 3.3.4. Salary increases for Postdocs are determined on a case-by-case basis at the discretion of the University unless otherwise proscribed by applicable state law, UNC System policy or ECU policy.   
• 3.4.   Postdoc Expectations
  • 3.4.1. Postdocs are expected to carry out their job duties in person at ECU facilities or other locations assigned by their Supervisor where research or creative activities occur. Remote work requests will only be permitted in exceptional circumstances and only after completion of an appropriate Flexible Work Arrangement Agreement in accordance with the University Flexible Work Arrangement and Remote Work Regulation.
  • 3.4.2. Conscientious fulfillment of assigned duties;
  • 3.4.3. Adherence to all ethical standards of research and scholarship;
  • 3.4.4. Adherence to all University policies and regulations regarding research activities, including but not limited to, research integrity and research misconduct;
  • 3.4.5. Observation of and compliance with all applicable University good laboratory practice, regulatory standards, and safety guidelines;
  • 3.4.6. Compliance with all federal, state, local, and University regulations and guidelines regarding research involving hazardous materials, human subjects, or animals;
  • 3.4.7. Open and timely discussion with the faculty mentor regarding research progress, distribution of reagents or other materials, or any disclosure of findings or techniques;
  • 3.4.8. Comply with the ECU Employee Code of Conduct policy;
  • 3.4.9. Compliance with all applicable University policies and procedures;
  • 3.4.10.  Comply with ECU’s Regulation on Conflicts of Interest, Commitment and External Professional Activities for Pay;
  • 3.4.11. Publication and consistent progress toward publication of the results of the Postdoc’s research or scholarship;
  • 3.4.12.  Application for extramural research funding and other financial support as appropriate; and
  • 3.4.13. Postdocs are requested to provide at least thirty (30) calendar days written notice prior to their resignation;
  • 3.4.14. Complete in coordination with their faculty mentor an Individual Development Plan (IDP) or other equivalent mentoring plan that identifies the Postdoc’s professional development needs and career objectives; and
  • 3.4.15. Complete required training including, but not limited to, New Employee Orientation, Responsible Conduct of Research, and any other required training based on the Postdoc’s individual job duties.
• 3.5.   Research Data, Records, Products and Intellectual Property
  • 3.5.1. All data, software, research records, products or intellectual property rights generated in the course of research at ECU shall remain the property of the University. As a condition of employment, and in accordance with the East Carolina University Patent Policy and Copyright Regulation, all Postdocs must sign a patent/copyright agreement concerning the ownership of all intellectual property created while employed by ECU.
• 3.6.   Benefits and Leave
  • 3.6.1. Health Insurance/Retirement.
  • Postdocs who are hired at a minimum of .75 FTE are eligible for health insurance benefits. The amount ECU pays for a Postdoc’s health insurance is non-cash compensation which is considered taxable income to the Postdoc and such payments will be taxed accordingly. Postdocs are not eligible to participate in ECU retirement benefits, or any other benefits not expressly provided for in this Regulation.
  • 3.6.2. Leave. Postdocs are eligible for the following types of leave:
    • 3.6.2.1. Personal Leave/Sick Leave.
      • 3.6.2.1.1. Full-time Postdocs earn one (1) day of paid time off for personal leave and one (1) day of sick leave on a monthly basis for a total of twelve (12) days of personal leave and twelve (12) days of sick leave each calendar year.
      • 3.6.2.1.2. Leave is prorated for part-time Postdocs who work at least half-time (.5 FTE).
      • 3.6.2.1.3. Leave accrual and use must be tracked via the University’s electronic time management system, Pirate Time.
      • 3.6.2.1.4. Personal leave cannot be carried over from one calendar year to another. Unused but accrued sick leave will carry forward to the next calendar year without limit.
      • 3.6.2.1.5. Unused personal and sick leave will not be paid out when a Postdoc appointment ends, regardless of the reason. Unused personal and sick leave will not be converted or carried forward if the Postdoc accepts any Faculty, EPS, SHRA, CSS, DMSS, or other permanent position at ECU.
    • 3.6.2.2. Family and Medical Leave.
      • 3.6.2.2.1. Postdocs are eligible for leave under the Family and Medical Leave Act (FMLA) or as required by law. Postdocs must meet the eligibility requirements based on the Postdocs months of service and hours of work as of the date leave is to commence and leave must be for a qualifying reason. A Postdoc is eligible if: they have been employed by ECU with twelve (12) months of cumulative service and have been in pay status at least 1250 hours during the previous twelve (12) months.
    • 3.6.2.3. Personal Observance Leave.
      • 3.6.2.3.1.  Postdocs are eligible for up to eight (8) hours of paid leave per calendar year to be used as in (1) single day for a day of personal observance to utilize on a day of significance, including days of cultural, religious, or personal observation. If this leave is not used, it expires at the end of each calendar year and is not paid out.
    • 3.6.2.4. Unpaid Leave.
      • 3.6.2.4.1. Postdocs may request a leave of absence without pay. Granting such a request shall be at the discretion of the Postdocs faculty mentor in consultation with POSO, and subject to all other applicable University policies and procedures.
    • 3.6.2.5. Other Leaves.
      • 3.6.2.5.1. Postdocs are not eligible for voluntary shared leave, community service leave, faculty serious illness leave, paid parental leave, adverse weather leave, or other leave provisions applicable to EHRA employees unless required by federal or state law.
  • 3.6.3. University Holidays. Postdocs are subject to the same University official holidays and closings as all other employees at ECU.
• 3.7.   Discontinuation or Discharge for Cause
  • 3.7.1. Discontinuation of Appointment At-Will. Postdoc appointments are employment “at will” and are subject to discontinuation at any time at the discretion of the Chancellor, or designee. Discontinuation may be for any reason or no reason so long as the reason is not unlawful; provided that such a discontinuation shall be subject to thirty (30) calendar days’ notice of discontinuation.
  • 3.7.2. Discontinuation of Appointment Due to Unavailability of Funds. Postdoc positions are funded in whole or substantial part from sources other than continuing state budget funds or permanent trust accounts, therefore their appointments are expressly contingent upon the continued availability of such state or non-state funds. A Postdoc may be discontinued due to unavailability of such non-state funds without the notice required by Section 3.7.1 above; provided, that the Postdoc shall be informed at the earliest possible practicable date of the occurrence of such a funding contingency. Upon discontinuation due to unavailability of funds, the University has no obligations for further payment of salary or continuation of any benefits.
  • 3.7.3. Discharge for Cause. A Postdoc may be discharged for stated cause. Stated causes for discharge shall include, but not be limited to, incompetence, unsatisfactory performance, neglect of duty, or misconduct that interferes with the capacity of the Postdoc to perform the requirements of their appointment effectively. At-will employees do not have a right to the discharge for cause process, regardless of whether grounds for a discharge for cause exist, and nothing in this Regulation is intended to limit the University’s discretion to elect to discontinue an at-will employee with the approval of the Provost or their designee. In the event a Postdoc is discharged for cause, the Postdoc is subject to immediate termination without the notice required for discontinuation in Section 3.7.1 above or further payment of salary or continuation of any benefits.
  • 3.7.4. Postdoc faculty mentors shall contact POSO prior to any discontinuation or discharge of a Postdoc appointment. POSO shall work with the faculty mentor to ensure that all processes and procedures for discontinuation or discharge are consistent with this Regulation and applicable state and federal law.
• 3.8.   Equal Employment Opportunity. It is the policy and intention of East Carolina University that there be equal employment opportunity and freedom from unlawful discrimination in all employment within East Carolina University as set forth in Section 103 of The UNC Code and the University’s Notice of Nondiscrimination Policy. Employment in covered positions shall be conducted in accordance with all provisions of state or federal law or regulations prohibiting any such discrimination.
• 3.9.   Protected Activity. Postdocs shall not be adversely affected by the exercise of rights guaranteed by the First Amendment to the United States Constitution or by Article I of the North Carolina Constitution; provided, that Postdocs shall be subject to any limitations on political activity established by Article 5 of N.C. Gen. Stat., Chapter 126. The Board of Governors’ policies concerning political activity, the UNC Policy Manual Section 300.5.1., et seq., as they may be revised from time to time, shall apply to all Postdoc positions.