GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 386
AN ACT TO CHANGE THE CALENDAR YEAR FOR THE ACCUMULATION OF ANNUAL LEAVE BY PUBLIC SCHOOL EMPLOYEES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-285(a)(2) reads as rewritten:
"(2) Supervisors and
classified principals paid on an hourly or other basis whether paid from State
or from local funds may accumulate annual vacation leave days as follows:
annual leave may be accumulated without any applicable maximum until December
31 June 30 of each year. On December 31 June 30 of
each year, any supervisor or principals with more than 30 days of accumulated
leave shall have the excess accumulation cancelled so that only 30 days are
carried forward to January July 1 of the next same year.
All vacation leave taken by the employee will be upon the authorization of his
immediate supervisor and under policies established by the local board of
education. An employee shall be paid in a lump sum for accumulated annual
leave not to exceed a maximum of 240 hours when separated from service due to
resignation, dismissal, reduction in force, death, or service retirement.
If the last day of terminal leave falls on the last workday in the month,
payment shall be made for the remaining nonworkdays in that month.
Employees retiring on disability retirement may exhaust annual leave rather
than be paid in a lump sum. The provisions of this subdivision shall be
accomplished without additional State and local funds being appropriated for
this purpose. The State Board of Education shall adopt rules and
regulations for the administration of this subdivision."
Sec. 2. G.S. 115C-302(a)(3) reads as rewritten:
"(3) Notwithstanding any
provisions of this section to the contrary no person shall be entitled to pay
for any vacation day not earned by that person. The first 10 days of
annual vacation leave earned by a teacher during any fiscal year period shall
be scheduled to be used in the school calendar adopted by the respective local
boards of education. Vacation days shall not be used for extending the
term of employment of individuals. Teachers may accumulate annual vacation
leave days as follows: annual leave may be accumulated without any applicable
maximum until December 31 June 30 of each year. On December
31 June 30 of each year, any teachers with more than 30 days of
accumulated leave shall have the excess accumulation cancelled so that only 30
days are carried forward to January July 1 of the next same
year. All vacation leave taken by the teacher will be upon the
authorization of his immediate supervisor and under policies established by the
local board of education. An employee shall be paid in a lump sum for
accumulated annual leave not to exceed a maximum of 240 hours when separated
from service due to resignation, dismissal, reduction in force, death, or
service retirement. If the last day of terminal leave falls on the last
workday in the month, payment shall be made for the remaining nonworkdays in
that month. Employees retiring on disability retirement may exhaust
annual leave rather than be paid in a lump sum. The provisions of this
subdivision shall be accomplished without additional State and local funds
being appropriated for this purpose. The State Board of Education shall
adopt rules and regulations for the administration of this subdivision."
Sec. 3. G.S. 115C-316(a)(3) reads as rewritten:
"(3) Notwithstanding any
provisions of this section to the contrary no person shall be entitled to pay
for any vacation day not earned by that person. The first 10 days of
annual leave earned by a 10- or 11-month employee during any fiscal year period
shall be scheduled to be used in the school calendar adopted by the respective
local boards of education. Vacation days shall not be used for extending
the term of employment of individuals. Ten- or 11-month employees may
accumulate annual vacation leave days as follows: annual leave may be
accumulated without any applicable maximum until December 31 June 30 of
each year. On December 31 June 30 of each year, any of
these employees with more than 30 days of accumulated leave shall have the
excess accumulation cancelled so that only 30 days are carried forward to January
July 1 of the next same year. All vacation leave
taken by these employees will be upon the authorization of their immediate
supervisor and under policies established by the local board of
education. An employee shall be paid in a lump sum for accumulated annual
leave not to exceed a maximum of 240 hours when separated from service due to
resignation, dismissal, reduction in force, death or service retirement.
If the last day of terminal leave falls on the last workday in the month,
payment shall be made for the remaining nonworkdays in that month.
Employees retiring on disability retirement may exhaust annual leave rather
than be paid in a lump sum. The provisions of this subdivision shall be
accomplished without additional State and local funds being appropriated for
this purpose. The State Board of Education shall adopt rules and
regulations for the administration of this subdivision."
Sec. 4. This act shall become effective July 1, 1989.
In the General Assembly read three times and ratified this the 21st day of June, 1989.