North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0400 - ANNUITIES AND PENSIONS › Section 06C .0402 - SICK LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public school
				  employees who earn vacation leave shall also earn sick leave. Full-time
				  employees shall earn one day per month or the number of hours worked daily by a
				  full time employee in that class of work. Part-time employees shall earn and
				  may use sick leave in proportion to the part of the day for which they are
				  employed.
(b) The LEA may allow
				  sick leave to be used for temporary disability which prevents an employee from
				  performing his or her usual duties, illness in the employee's immediate family
				  and attendant medical appointments which require the employee's attendance,
				  death in the immediate family and medical appointments for the employee. For
				  purposes of this Rule the term immediate family shall include spouse, children,
				  parents, brothers, sisters, grandparents, grandchildren, and dependents living
				  in the household. The term shall also include the step, half, and in-law
				  relationships. An employee of any public school system may contribute vacation
				  or sick leave to another immediate family member who is employed by any State
				  agency or public school system.
(c)
				  Employees must take leave in one-half days, whole days, or hours as determined
				  for earning purposes by the local board.
(d) Employees may accumulate sick leave
				  indefinitely and may transfer sick leave as in the case of vacation
				  leave.
(e) LEAs may advance sick
				  leave not to exceed the amount which would be earned within the school
				  year.
(f) An employee who is
				  overdrawn on sick leave when the employee separates from service will have the
				  excess leave corrected through a deduction from the final salary
				  check.
(g) If the period of sick
				  leave taken is less than 30 days, the employee will return to his or her
				  position with the LEA. If the period of temporary disability exceeds 30 days,
				  the superintendent shall determine when the employee is to be reinstated. The
				  superintendent makes this decision based on the welfare of the students and the
				  need for continuity of instruction.
(h) The LEA shall credit an employee who
				  separates from service and returns within 60 months with all sick leave
				  accumulated to the time of separation.
(i) Permanent full or part-time instructional
				  personnel, excluding teacher assistants, who are absent due to their personal
				  illness or injury in excess of their accumulated sick leave, shall be allowed
				  extended sick leave of up to 20 work days throughout the regular term of
				  employment. These days do not have to be consecutive. A new employee must have
				  reported to work to be eligible for extended sick leave. The superintendent may
				  require a doctor's certificate or other proof acceptable to the superintendent
				  of the reason for the absence.
(j)
				  An LEA may establish a voluntary sick leave bank for its employees. Any
				  employee of an LEA that establishes a voluntary sick leave bank may, but is not
				  required to, participate in the voluntary sick leave bank.
(1) The LEA shall develop and implement a
				  plan for participation that shall include those factors listed in
				  G.S.
				  115C-336(b)(i)-(vii) and the
				  following:
(A) a uniform number of days to be
				  contributed to the bank by participants;
(B) provisions for legitimate usage of days
				  by participants;
(C) means to
				  protect against overdraft of total contributed days; and
(D) safeguards to prevent abuses by
				  participants.