H362: Revise Personal Leave Costs for Teachers. Latest Version



AN ACT to permit teachers to take personal leave with full salary as long as the teacher provides a reason for the requested leave and to require teachers to pay the full cost of a substitute teacher on certain days if the teacher does not provide a reason for the requested leave.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 115C‑302.1(d) reads as rewritten:

(d)      Personal Leave. – The following shall apply to personal leave:

(1)        Calculation and Benefits. – Teachers earn personal leave at the rate of .20 days for each full month of employment not to exceed two days per year. Personal leave may be accumulated without any applicable maximum until June 30 of each year. A teacher may carry forward to July 1 a maximum of five days of personal leave; the remainder of the teacher's personal leave shall be converted to sick leave on June 30. At the time of retirement, a teacher may also convert accumulated personal leave to sick leave for creditable service towards retirement. Teachers may transfer personal leave days between local school administrative units. The local school administrative unit shall credit a teacher who has separated from service and is reemployed within 60 months from the date of separation with all personal leave accumulated at the time of separation. Local school administrative units shall not advance personal leave.

(2)        Use. – Personal leave may be used only upon the authorization of the teacher's immediate supervisor. A supervisor, as follows:

a.         Unless the request is approved by the principal, a teacher shall not take personal leave on the first day the teacher is required to report for the school year, on a required teacher workday, on days scheduled for State testing, or on the day before or the day after a holiday or scheduled vacation day, unless the request is approved by the principal.day.

b.         On all other days, days other than those referenced in sub‑subdivision a. of this subdivision, if the request is made at least five days in advance, the request shall be automatically granted subject to the availability of a substitute teacher, and the teacher cannot be required to provide a reason for the request. Teachers may transfer personal leave days between local school administrative units. The local school administrative unit shall credit a teacher who has separated from service and is reemployed within 60 months from the date of separation with all personal leave accumulated at the time of separation. Local school administrative units shall not advance personal leave.

(3)        Pay. – The cost of personal leave shall be assessed as follows:

a.         Teachers using personal leave on teacher workdays shall receive full salary.

b.         Teachers using personal leave on other days days other than those referenced in sub‑subdivision a. of this subdivision shall receive full salary as long as the teacher provides a reason for the request. If the teacher does not provide a reason for the request, the teacher shall receive full salary less the required substitute deduction. If, however, full cost of hiring a substitute for the teacher. If no substitute is hired for a teacher, the any substitute reduction shall be refunded to that teacher.

SECTION 2.  This act is effective when it becomes law and applies beginning with the 2021‑2022 school year.