16 NCAC 06C .0404         LEAVE WITH PAY

(a)  A local school administrative unit ("LSAU") shall provide permanent employees with leave with pay under the circumstances set forth in this Rule.

(b)  Except where otherwise provided below, the LSAU shall pay any substitute employee hired to fulfill the duties of an employee on leave with pay from the same funding source as the employee taking the leave.

(c)  The LSAU shall not deduct from a permanent employee's salary if the employee is absent from the employee's regularly scheduled duties for any of the following reasons:

(1)           The employee is on sick leave in accordance with Rule .0402 of this Section.

(2)           The employee's supervisor has granted the employee leave to represent the school or LSAU at a community event. The LSAU shall pay any substitute employee hired under these circumstances from local funds.

(3)           The employee is attending meetings or performing duties as a member of the State Board of Education; the State Textbook Commission; the Board of Governors of the North Carolina Governor's School; or a commission or committee appointed by the Governor, the Superintendent of Public Instruction, the State Board of Education, or the General Assembly.

(4)           The employee is summoned to jury duty, or is required to attend court, a deposition, or other legal proceeding in connection with the employee's official duties or in response to a subpoena or court order to testify as a witness to a crime. If the employee is required to attend court as a plaintiff, defendant, or witness in relation to a personal matter, whether or not in response to a subpoena or court order, the employee must use available leave time. The employee shall return to the LSAU any fees, other than travel reimbursement or per diem, that the employee earns from serving as a witness in connection with the employee's official duties.

(5)           The local superintendent assigns the employee to attend professional training or participate in another school program outside the employee's regular duties. The LSAU shall pay any substitute employee hired under these circumstances from local funds.

(6)           The local superintendent or designee has suspended the employee with pay under G.S. 115C-325(f1) or 115C-325.5. The LSAU shall pay any substitute employee hired to cover for the suspended employee a salary based on the substitute's qualifications under Section .0300 of this Subchapter.

(7)           The employee is on military leave with pay in accordance with 25 NCAC 01E .0802–.0821.

(8)           The employee suffers an injury or disability that is covered by G.S. 115C-338.

(9)           The employee requests leave to observe a bona fide religious holiday, provided the employee is permitted no more than two such observance days in one school year. The employee shall use available vacation leave, subject to the requirements of Rule .0409 of this Section, use personal leave, subject to the requirements of G.S. 115C-302.1(d), or make up the time absent from work at a time and under circumstances approved by the employee's supervisor. The employee shall not request such leave time on days that are already scheduled as vacation days or paid holidays in the school calendar.

(10)         Upon recommendation of the local 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 while the employee is on leave. During such leave time, the employee shall earn sick leave, vacation leave, personal leave, and paid holidays.

History Note:        Authority G.S. 115C-12(8); 115C-300; 115C-302.1; 115C-325; 115C-325.5; 115C-338; 115C-408;

Eff. July 1, 1986;

Amended Eff. July 1, 2001; March 1, 1990; August 1, 1987;

Readopted Eff. July 1, 2026.