NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06C .0402
Plain English summary
This regulation governs sick leave policies for public school employees in North Carolina, covering accrual rates, permissible uses, accumulation, transfer, and advanced leave provisions. It defines immediate family for leave purposes and establishes rules for reinstatement after sick leave. It also provides a framework for LEAs to optionally establish voluntary sick leave banks with specific administrative and reporting requirements.
Key requirements
- 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.
- Employees must take leave in one-half days, whole days, or hours as determined for earning purposes by the local board.
- Employees may accumulate sick leave indefinitely and may transfer sick leave as in the case of vacation leave.
- LEAs may advance sick leave not to exceed the amount which would be earned within the school year.
- 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.
- 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 LEA shall credit an employee who separates from service and returns within 60 months with all sick leave accumulated to the time of separation.
- 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.
- A new employee must have reported to work to be eligible for extended sick leave.
- The LEA shall develop and implement a plan for participation that shall include those factors listed in G.S. 115C-336(b)(i)-(vii).
- The LEA shall establish a sick leave bank committee to administer the sick leave bank.
- The LEA shall assure that all local personnel are equitably represented on the committee.
- The committee shall notify all participating employees of the ways in which their participation will affect their state retirement account.
- The LEA shall ensure that payment of substitutes and matching social security are charged to the appropriate program report code.
- The LEA shall ensure reporting to the division of school business services of the Department of the number of employees participating itemized by job classification, the number of sick leave days withdrawn, the cost of the leave, and other data required for fiscal and programmatic accountability.
Affected parties
- Public school employees
- Full-time school employees
- Part-time school employees
- Permanent full or part-time instructional personnel (excluding teacher assistants)
- Local Education Agencies (LEAs)
- Superintendents
- School principals
- Division of School Business Services