State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-336

Article 23.

Employment Benefits.

§ 115C‑336.  Sick leave.

(a)        All public schoolemployees shall be permitted a minimum of five days per school term of sickleave, pursuant to rules and regulations promulgated by the State Board ofEducation as provided in G.S. 115C‑12(8).

(b)        The State Board ofEducation shall adopt rules and regulations for the establishment of voluntarysick leave banks by local boards of education, from which an employee, uponexhaustion of accumulated sick leave and annual leave, when allowable, maywithdraw sick leave days in the event of emergency or catastrophic illness.These rules may include, but not be limited to, (i) requirements of minimumservice and minimum balance of sick leave before an employee may join the sickleave bank, (ii) enrollment periods for present employees and new hires, (iii)time limits for rejoining the sick leave bank, (iv) limitation on number ofdays which can be withdrawn by any employee, (v) waiting period before beingeligible to withdraw sick leave, (vi) exclusion of illness or injury covered byWorkers' Compensation Benefits, (vii) certification by physician attesting tomember's illness or accident, (viii) administration of each sick leave bank bya Sick Leave Bank Committee to be made up of representatives of differentclassifications of employees, and (ix) other requirements to prevent anyadverse selection by employees. The rules concerning the establishment of sickleave banks shall include provisions for notifying employees who donate sickleave to and employees who withdraw sick leave from the sick leave bank, of theState retirement credit consequences as to the donated sick leave.

(c)        The State Board ofEducation shall also adopt rules and regulations to authorize an employee whorequires a substitute to use annual leave on days that students are inattendance if the employee has exhausted all of the employee's sick leave andif the employee's absence is due to the catastrophic illness of the employee.The employee shall not be required to pay the substitute.

(d)        The State Board ofEducation shall adopt rules relating to the reinstatement of unused sick leavewhen an employee who was employed on a 10‑month contract at the time ofseparation returns to employment on a 10‑month contract. Under theserules, the maximum period of separation after which unused sick leave isreinstated shall be three calendar months longer for school personnel employedon a 10‑month contract than for school personnel employed on a 12‑monthcontract.  (1981,c. 423, s. 1; 1993, c. 321, s. 72(a); 1995, c. 324, s. 17.4; 2009‑144, s.1.)