NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06C .0401
Plain English summary
This regulation establishes vacation leave earning rates and administrative procedures for full-time and part-time permanent public school employees in North Carolina. Leave accrual is based on years of state service, ranging from 1.00 to 2.15 days per month, and the rule addresses leave transfers, terminal leave payments, recordkeeping requirements, and restrictions on when certain employees may take vacation leave. Local Education Agencies (LEAs) are responsible for maintaining leave records, informing employees of balances annually, and retaining records for at least five years after separation.
Key requirements
- All full-time or part-time permanent public school employees who are working or on paid leave for at least one-half of the calendar days in a month shall earn vacation leave, based on length of state service in North Carolina.
- A part-time permanent employee in a budgeted position shall earn vacation leave on a pro rata basis.
- LEAs shall credit state service for full-time or part-time permanent employment figured on the same basis as for longevity pay.
- The LEA must establish the anniversary date for each employee on the basis of the employee's state service.
- The LEA shall transfer unused vacation leave when an employee transfers between LEAs.
- An employee may have leave transferred to or from a state agency or institution, community college or technical institute, a position subject to the State Personnel Act in a local mental health center, public health, social services or emergency management agency, if the receiving agency is willing to accept the leave; otherwise, the employee shall be paid in a lump sum for accumulated leave not to exceed 30 workdays or 240 hours, according to the earning rate.
- An employee who is overdrawn on leave when he or she separates will have the excess leave corrected through a deduction from the final salary check.
- Terminal leave payment shall be subject to the same deductions as salary, including retirement.
- The receipt of lump sum payment and retirement benefit shall not be deemed dual compensation.
- The LEA shall make payment for unpaid salary, terminal leave and travel of a deceased employee to the personal representative of the deceased employee, or if there is no personal representative, to the Clerk of Superior Court of the county in which the employee resided.
- Each LEA shall maintain leave records for all employees.
- LEAs must inform employees of their leave balances at least once a year.
- LEAs must retain leave records for separated employees for at least five years from the date of separation.
- Leave must be taken in one-half days, whole days, or hours as determined for earning purposes by the local board.
- School bus drivers and instructional personnel who require a substitute may take vacation leave only on days when students are not in attendance.
- Employees may charge leave taken only to scheduled teacher workdays and the ten vacation leave days scheduled in the school calendar.
Affected parties
- full-time permanent public school employees
- part-time permanent public school employees
- school bus drivers
- instructional personnel
- Local Education Agencies (LEAs)
- local boards of education
- deceased employees' personal representatives