16 NCAC 06C .0402 SICK LEAVE

(a) This Rule shall govern the use of sick leave by employees of a local board of education ("local board") pursuant to G.S. 115C-336. The local board may adopt additional policies to govern the use of sick leave, provided they are consistent with this Rule.

(b) Eligibility for Sick Leave

(1) A permanent full-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers' compensation) for at least one-half of the workdays in a calendar month shall earn either:

(A) One day of sick leave per month; or

(B) The number of hours in sick leave per month that is equivalent to the number of hours in a workday for a permanent full-time employee in that position classification, up to a maximum of eight hours.

(2) A permanent part-time employee who works or is on paid leave (including State holidays and days for which the employee is receiving workers' compensation) for at least one-half of the workdays in a calendar month shall earn sick leave on a pro rata basis relative to the amount of leave earned by a permanent full-time employee in the same position classification. A permanent part-time employee who was previously employed in a full-time position shall retain any sick leave earned in the full-time position upon transferring to the part-time position.

(3) An employee may accumulate unused sick leave from year to year without limit.

(4) An employee who is not eligible to earn sick leave may not use previously accumulated sick leave.

(1) A permanent employee may use sick leave for any of the following purposes:

(A) Personal illness or injury that renders the employee unable to perform the employee's professional duties.

(B) Personal medical appointments of the employee.

(C) Caretaking for a newborn child or child placed with the employee for adoption or foster care, subject to the requirements of G.S. 115C-336.1.

(D) Caretaking for an immediate family member due to the family member's illness or injury, including taking the family member to medical appointments.

(E) Death of an immediate family member.

(2) The employee shall provide advanced notice to the administrative unit ("LSAU") of the employee's intent to use paid sick leave for elective medical procedures or childbirth, in accordance with policies adopted by the local board of education. When possible, the employee shall provide notice at least 30 days in advance.

(3) The employee shall, upon the request of the local superintendent or designee, provide medical documentation to verify that the employee's use of sick leave is for a permissible purpose.

(4) The employee shall not use sick leave for paid holidays, days for which the employee was previously scheduled to use vacation leave, or days in which the employee is on leave without pay. Any period of absence for which the employee is receiving workers' compensation is not considered leave without pay.

(d) An LSAU may advance sick leave to an employee based on the amount of sick leave the employee is anticipated to earn in the remainder of the current fiscal year, provided that the LSAU shall assume financial responsibility for any advanced sick leave not earned at the time the employee separates from employment or at the end of the fiscal year, whichever is earlier.

(e) An employee is not entitled to compensation for accumulated sick leave, except as permitted by the North Carolina Teachers and State Employees Retirement System.

(f) Separation from Employment

(1) If an employee separates from employment with a local board or transfers to a temporary employee position, the employee shall retain the employee's accrued sick leave balance for 60 months.

(2) If the employee returns to employment in a full-time or part-time permanent position with a local board within 60 months, the employee shall regain access to the accumulated sick leave.

(3) If the individual was employed on a 10-month contract at the time of separation, the employee shall retain the leave for 63 months, provided the person returns to employment on another 10-month contract.

(g) Transfer of Sick Leave

(1) An employee may transfer accumulated sick leave from one LSAU to another LSAU upon transfer of employment, provided that any variance in the number of working hours per day that is considered "full-time" between the new position and the previous position shall not result in an increase or decrease in the total number of sick leave days available as a result of the transfer. To calculate the equitable value of the transferred leave:

(A) The sending LSAU shall divide the total number of hours of accumulated sick leave by the number of working hours per day that is considered "full-time" in the departing employee's previous position. This generates a total number of sick leave days available for transfer to the receiving LSAU.

(B) The receiving LSAU shall then multiply the number of transferred sick leave days by the number of working hours per day that is considered "full-time" in the incoming employee's previous position. This generates the total number of sick leave hours available for use by the employee in the new position.

(2) An employee may transfer accumulated sick leave to a State agency or any of the entities listed in 25 NCAC 01E .0309 upon transfer of employment to such agency or entity, if the agency or entity is willing to accept the leave. A person employed by the agency or entity may transfer accumulated sick leave to an LSAU upon transfer of employment to such LSAU if such LSAU is willing to accept the leave and, consistent with Subparagraph (g)(1) of this Rule, any variance in the number of working hours per day that is considered "full-time" between the new position with the LSAU and the previous position with the agency or entity shall not result in an increase or decrease in the total number of leave days available as a result of the transfer.

(3) An employee may only transfer accumulated sick leave from one leave-earning position to another leave-earning position, even if the new position is within the same local school administrative unit.

(h) Extended Sick Leave

(1) Full-time teachers and instructional personnel may request extended sick leave.

(2) To qualify for extended sick leave, the employee must:

(A) Be absent due to personal illness or injury that renders the employee unable to perform the employee's professional duties;

(B) Require a substitute employee; and

(3) A qualified employee is entitled to up to 20 days of extended sick leave per school year.

(4) The employee shall, upon the request of the local superintendent or designee, provide medical documentation to verify that the employee's use of extended sick leave is for a permissible purpose.

(5) Unused extended sick leave days shall not accumulate from year to year.

(6) Extended sick leave shall not be available beyond the mandatory waiting period for workers' compensation or short-term disability benefits.

(i) Use of Vacation Leave for Catastrophic Illness

(1) If an employee who requires a substitute employee is unable to perform the employee's professional duties due to a catastrophic personal illness and has exhausted the employee's available sick leave, the employee may use vacation leave for days in which students are in attendance.

(2) The local superintendent or designee shall determine whether a condition constitutes a catastrophic personal illness based on an evaluation of the following factors:

(A) The debilitative nature of the condition;

(B) The life-threatening potential of the condition;

(D) The anticipated length of the employee's absence due to the condition; and

(E) Other forms of relief available to the employee, such as disability benefits.

History Note: Authority G.S. 115C-12(8); 115C-336; 115C-336.1; 126-5; 135-1; 135-4;

Eff. July 1, 1986;

Amended Eff. June 1, 1994; October 1, 1993; July 1, 1992; March 1, 1990;

Temporary Amendment Eff. November 8, 1999;

Amended Eff. April 1, 2001;

Readopted Eff. July 1, 2026.