16 ncac 06C .0406         military Leave

(a)  As used in this Rule, the following definitions shall apply:

(1)           "Active duty" is defined in 10 U.S.C. 101(d)(1).

(2)           "Armed forces" is defined in 10 U.S.C. 101(a)(4).

(3)           "Extended active duty" is defined in 26 U.S.C. 32(c)(4).

(4)           "Military orders" is defined in 50 U.S.C. 3955(i)(1).

(5)           "Military service" is defined in 50 U.S.C. 3911(2).

(6)           "Reserve component" is defined in 38 U.S.C. 101(27).

(b)  This Rule shall govern the use of military leave by employees of all public school units ("PSUs") pursuant to G.S. 115C-302.1(g1), G.S. 127A-116, and the Uniformed Services Employment and Reemployment Rights Act of 1994, 103 P.L. 353. Each PSU shall ensure that an employee does not suffer loss of regular pay or benefits because of training or duty in service of the Armed Forces of the United States or the State of North Carolina, or for special emergency services. The governing body of a PSU may adopt additional policies to govern the use of military leave, provided they are consistent with this Rule. To the extent any provisions of this Rule conflict with federal law, the federal law shall control. The provisions of Subchapter II of Chapter 43 of Title 38 of the United States Code are incorporated by reference throughout this Rule, including subsequent amendments and editions thereof. A copy of these statutes is available at no cost from https://www.govinfo.gov/content/pkg/USCODE-2011-title38/pdf/USCODE-2011-title38-partIII-chap43.pdf.

(c)  Paid Short-Term Military Leave

(1)           A PSU shall grant paid short-term military leave to employees who are members of any of the following military services:

(A)          The reserve components of the United States Armed Forces.

(B)          The Civil Air Patrol, when participating in missions or training exercises that are authorized by the Governor, the Secretary of the Department of Public Safety, or the United States Air Force. Such employees are not entitled to leave for regularly scheduled unit training assemblies.

(C)          The North Carolina State Defense Militia, when called to service by the Governor for infrequent special activities in the interest of the State (usually not exceeding one day) or for missions related to disaster recovery, search and rescue, or similar efforts. Such employees are not entitled to leave for regularly scheduled unit training assemblies or when volunteering in support of activities sponsored by civic or social organizations.

(2)           A qualified employee is entitled to up to 15 days of paid short-term military leave each fiscal year.

(3)           Any portion of the vacation leave or 15 days of paid short-term military leave to which an employee may be entitled may be used in lieu of or in conjunction with unpaid military leave for attendance at any of the following:

(A)          A military service academy.

(B)          Active duty training with a reserve component.

(4)           In addition to the 15 days provided by Subparagraph (c)(2) of this Rule, an employee who is a member of the National Guard is entitled to leave for activities in service of the State when so authorized by the Governor or the Governor's designee.

(5)           An employee is not entitled to short-term military leave for any of the following:

(A)          Duties imposed on the employee as a result of disciplinary action under the Uniform Code of Military Justice.

(B)          Inactive duty training (drills) undertaken for the convenience of the employee, such as equivalent training, split-unit assemblies, or make-up drills.

(C)          Unscheduled or incidental activities related to membership in the reserves, such as volunteer work at military facilities.

(d)  An employee shall provide the PSU with advanced notice of the need for military leave and shall apply for reinstatement of employment for any leave of absence exceeding 30 consecutive calendar days.

(e)  Unpaid Military Leave for Extended Active Duty

(1)           A PSU shall grant unpaid military leave for extended active duty to an employee who enters active duty in service of the United States Armed Forces for a period exceeding 30 consecutive calendar days. The employer shall notify the employee of all rights and benefits concerning military leave at the time of the employee's hire or enlistment in the Armed Forces, whichever is later.

(2)           An employee may use available paid short-term military leave at the beginning of a period of extended active duty.

(3)           In addition to time spent on active duty, an employee may use unpaid military leave for any of the following reasons:

(A)          A personal adjustment period while awaiting entry into active duty, not to exceed 30 days.

(B)          Any period during which the employee is awaiting reinstatement in the employee's previous position following military service.

(C)          Involuntary extended military service.

(D)          Extensions of enlistment due to hospitalization as a result of military service.

(4)           During a time of military leave for extended active duty, an employee shall continue to earn years of service as calculated for salary increases. The employee shall retain all accumulated sick leave during the absence. The employee may choose to retain all accumulated vacation leave during the absence or obtain a payout at the time the leave begins, subject to the limitations of 16 NCAC 06C .0409(d).

(5)           An employee seeking to return to work with the PSU after extended active duty shall apply for reinstatement within 14 days following active duty service of 30 to 180 days or within 90 days following active duty service of more than 180 days, provided the employer gave prior notice to the employee of the employee's right to re-employment under this Rule and 38 U.S.C. 4316. If the employer failed to give prior notice, the employee may apply within 90 days of receipt of notice. Upon such application, the PSU shall reinstate the employee to a position of equivalent status, seniority, and pay to the position vacated at the time the employee took leave. If the employee is disabled due to military service to the extent that the employee cannot perform the duties of the original position, the PSU shall assign the employee to a position with appropriate accommodations.

(f)  If the employee has exhausted paid short-term military leave and all other available paid leave, and the employee's military service pay is less that what the employee would earn with the PSU during the equivalent time period, the employee shall be eligible for differential pay. The employee shall provide the PSU with a military pay voucher or other documentation to prove the pay differential.

(A)          A PSU shall pay any pay differential for employees in State-funded positions using State funds.

(B)          A PSU shall pay any differential for employees in federally-funded positions using federal funds.

(C)          A local board of education shall pay any pay differential for employees in locally funded positions using local funds

(D)          A charter school shall pay any pay differential for its employees.

(E)           A local board of education shall include any local supplement as part of the pay differential.

(g)  An employee shall provide the PSU, upon request, with a copy of the military orders or other documentation of the required military duty or service.

History Note:        Authority G.S. 115C-302.1(g1); 127A-116; 38 U.S.C. 4316;

Eff. December 1, 2004;

Readopted Eff. July 1, 2026.