GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 475
HOUSE BILL 639

AN ACT TO PERMIT TEACHER ASSISTANTS AND OTHER INSTRUCTIONAL PERSONNEL WHO DO NOT REQUIRE A SUBSTITUTE TO TAKE VACATION LEAVE WHEN STUDENTS ARE IN ATTENDANCE.

The General Assembly of North Carolina enacts:

Section 1. G.S. 115C-302(a)(1) reads as rewritten:
"(1)	Academic Teachers. – Regular state-allotted teachers shall be employed for a period of 10 calendar months.  Salary payments to regular state-allotted teachers shall be made monthly at the end of each calendar month of service:  Provided, that teachers employed for a period of 10 calendar months in year-round schools shall be paid in 12 equal installments:  Provided further, that any individual teacher who is not employed in a year-round school may be paid in 12 monthly installments if the teacher so requests on or before the first day of the school year.  Such request shall be filed in the local school administrative unit which employs the teacher.  The payment of the annual salary in 12 installments instead of 10 shall not increase or decrease said annual salary nor in any other way alter the contract made between the teacher and the said local school administrative unit; nor shall such payment apply to any teacher who is employed for a period of less than 10 months.  Included within the 10 calendar months employment shall be annual vacation leave at the same rate provided for State employees, computed at one twelfth (1/12) of the annual rate for State employees for each calendar month of employment; which shall be provided by each local board of education at a time when students are not scheduled to be in regular attendance. However, vacation leave for instructional personnel who do not require a substitute shall not be restricted to days that students are not in attendance.  Included within the 10 calendar months employment each local board of education shall designate the same or an equivalent number of legal holidays occurring within the period of employment for academic teachers as those designated by the State Personnel Commission for State employees; on a day that employees are required to report for a workday but pupils are not required to attend school due to inclement weather, a teacher may elect not to report due to hazardous travel conditions and to take an annual vacation day or to make up the day at a time agreed upon by the employee and the employee's immediate supervisor or principal.  Within policy adopted by the State Board of Education, each local board of education shall develop rules and regulations designating what additional portion of the 10 calendar months not devoted to classroom teaching, holidays, or annual leave shall apply to service rendered before the opening of the school term, during the school term, and after the school term and to fix and regulate the duties of state-allotted teachers during said period, but in no event shall the total number of workdays exceed 200 days.  Local boards of education shall consult with the employed public school personnel in the development of the 10-calendar-months schedule."
Sec. 2.  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 June 30 of each year.  On 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 July 1 of the same year.  All vacation leave taken by these employees shall be upon the authorization of their immediate supervisor and under policies established by the local board of education. Vacation leave for instructional personnel who do not require a substitute shall not be restricted to days that students are not in attendance.  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.  This act becomes effective August 1, 1993.
In the General Assembly read three times and ratified this the 23rd day of July, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives