GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-240
HOUSE BILL 249
AN ACT to require local school administrative units to refund the substitute deduction to a teacher taking personal leave if no substitute is hired for that teacher.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-302.1(d) reads as rewritten:
"(d) Personal Leave. - 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.
Personal leave may be used only
upon the authorization of the teacher's immediate supervisor. 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. On all other days, 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. Teachers using
personal leave receive full salary less the required substitute deduction,
except for teachers using personal leave on non-protected teacher workdays. Teachers
using personal leave on non-protected teacher workdays shall receive
full salary. Teachers using personal leave on other days shall receive full
salary less the required substitute deduction. If, however, no substitute is
hired for a teacher, the substitute reduction shall be refunded to that
teacher."
SECTION 2. This act is effective when it becomes law and applies beginning with the 2013-2014 school year.
In the General Assembly read three times and ratified this the 24th day of June, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 10:33 a.m. this 3rd day of July, 2013