NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06C .0404
Plain English summary
This regulation governs the circumstances under which LEAs (Local Education Agencies) must provide leave with pay to public school employees without making salary deductions. It covers ten specific situations including sick leave, jury duty, military leave, religious holidays, and suspension with pay, while also specifying the funding source for substitute teachers in each case. Employees on approved leave for religious holidays must make up missed time, and those on jury duty may not collect additional witness fees.
Key requirements
- The LEA shall not make deductions from public school employees' salaries in the following cases
- Substitutes for these persons may not be paid from state funds.
- Substitutes for these persons will be paid from state funds.
- The employee may not receive witness fees in addition to regular salary.
- Substitutes for these persons will be paid from local funds.
- The LEA shall pay persons employed to replace the suspended employee a salary based on the replacement's certification.
- The LEA shall make payment from the same source of funds as the person suspended was paid.
- The employee is absent pursuant to 1 NCAC 8C .2900 (military leave).
- The employee may be absent for no more than two days in a school year due to bona fide religious holidays which are not already scheduled as vacation days or holidays in the school calendar.
- The superintendent must approve these absences in advance and the employee must make up the time missed.
- Upon recommendation of the superintendent, the local board of education may grant leave with pay for elected officers of professional organizations, provided the organization pays the full salary and all benefit costs for the employee on leave.
Affected parties
- Local Education Agencies (LEAs)
- Public school employees
- Superintendents
- Local boards of education
- Substitute teachers
- Elected officers of professional organizations