25 NCAC 01N .0406         Leave

(a)  When an employee is quarantined, the employee shall be granted paid administrative leave until the specified period of time ends or the employee becomes ill with the communicable disease, whichever comes first.  This shall include employees with temporary appointments.

(b)  If an employee has symptoms associated with a communicable disease, agency management may require the employee not to report to work and to use any available compensatory leave, sick leave, vacation leave or bonus leave.

(c)  When an agency is closed or when agency management determines that only mandatory employees are required to report to work, the non-mandatory employees who are not required to work shall, at management's discretion, be granted paid administrative leave (i.e., not charging leave) for up to 30 calendar days. The employee's pay shall continue at the same rate the employee would have received had the employee been working (including any shift premium pay normally received). If adjustments need to be made, they shall be made in the next paycheck after returning to work, depending on payroll deadlines for that pay period.  If a non-mandatory employee elects to work when the agency is closed, the employee shall not receive additional pay.  When the agency reopens, Paragraph (d) of this Rule shall apply.

(d)  If the employee becomes ill and it is determined to be work related in accordance with the Workers' Compensation Act, the Workers' Compensation Rules, 25 NCAC 01E .0700, apply. If the employee is isolated or becomes ill as a result of off-the-job exposure, the Sick Leave Rules, 25 NCAC 01E .0300, apply. The provisions of the Family and Medical Leave Rules and the Family Illness Leave Rules, 25 NCAC 01E .1400 shall also apply.

(e)  When an agency is open but an employee, who is a parent (or guardian), is required to stay home with underage children because of the closure of a day care facility or a public school, the employee shall be allowed to use leave in accordance with the Sick Leave Rules, 25 NCAC 01E .0300. This also applies for eldercare.

History Note:        Authority G.S. 126-4;

Eff. December 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.