A BILL TO BE ENTITLED
AN ACT relating to voluntary sick leave banks for public school and state employees and pertaining to annual leave taken by public school employees to care for immediate family members.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 2 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126‑7.  Sick leave banks.
(a)	In addition to any accrued sick leave, all full‑time and part‑time (working 20 hours or more) State employees shall be permitted to draw a minimum of five days from the voluntary sick leave bank of their employing State department, agency, or institution. No credit towards retirement or eligibility for disability will be given for days received through the sick leave bank. Accumulated unused sick leave accrued by any former State employee whose leave time would otherwise be forfeited at the end of 60 calendar months shall be credited automatically to the voluntary sick bank. All other unused sick leave shall transfer automatically back to the sick leave bank. This leave shall be available to any State employee, upon exhaustion of accumulated sick leave and annual leave, when eligible, and shall be granted in the event of emergency, catastrophic illness, birth of a child, or any other qualifying circumstances. 
(b)	The State Personnel Commission, the legislative branch, the judicial branch, and The University of North Carolina, in cooperation with the State Board of Education, shall adopt rules and policies to allow State employees and public school employees to share sick leave across voluntary sick leave banks. These rules and policies shall:
(1)	Limit the number of days which can be withdrawn by an employee.
(2)	Exclude any illness or injury covered by Workers' Compensation Benefits.
(3)	Exclude use for disability.
(4)	Require certification by a physician attesting to employees' illness or accident or the medical needs of an employee's immediate family member.
(5)	Establishment of a sick leave bank committee for each State department, agency, and institution consisting of representatives of all classifications of that agency's employees.
(6)	Provide for giving notification (i) to employees who donate sick leave to and employees who withdraw sick leave from the sick leave bank of the State retirement credit consequences of donating sick leave and (ii) to employees upon retirement of the amount of sick leave that could be donated to the sick leave bank without any State retirement consequences.
(7)	Require a system to track all retirement and sick leave days.
Appropriate forms and informational materials shall be developed to promote participation in the voluntary sick leave bank, including making forms available for retirees to voluntarily request that extra sick days be transferred to the sick leave bank. At least annually, information about the opportunity to donate to the voluntary sick leave bank should be provided to employees in each State agency, department, and institution."
SECTION 2.  G.S. 115C‑336 reads as rewritten:
"§ 115C‑336.  Sick leave.
(a)	All public school employees shall be permitted to accrue a minimum of five days per school term of sick leave, pursuant to rules and regulations promulgated by the State Board of Education as provided in G.S. 115C‑12(8).
(b)	In addition to the leave accrued under subsection (a) of this section, all full‑time and part‑time (working 20 hours or more) public school employees shall be permitted to draw from the voluntary sick leave bank of their local school administrative unit a minimum of five days per school term of sick leave, pursuant to rules and regulations promulgated by the State Board of Education as provided in G.S. 115C‑12(8). No credit towards retirement or eligibility for disability will be given for days received through the sick leave bank. Accumulated unused sick leave accrued under subsection (a) of this section by any former employee whose leave time would otherwise be forfeited at the end of 60 calendar months shall be credited automatically to the voluntary sick bank. All other unused sick leave shall transfer automatically back to the sick leave bank. 
The State Board of Education shall adopt rules and policies for the establishment of voluntary sick leave banks by local boards of education, from which an employee, upon exhaustion of accumulated sick leave and annual leave, when eligible, shall be granted sick leave days in the event of emergency, catastrophic illness, birth of a child, or any other qualifying circumstances. These rules and policies shall:
(1)	Limit the number of days which can be withdrawn by an employee.
(2)	Exclude any illness or injury covered by Workers' Compensation Benefits.
(3)	Exclude use for disability.
(4)	Require certification by a physician attesting to employees' illness or accident or the medical needs of an employee's immediate family member.
(5)	Establishment of a sick leave bank committee for the local school administrative unit consisting of representatives of all classifications of employees.
(6)	Provide for giving notification (i) to employees who donate sick leave to and employees who withdraw sick leave from the sick leave bank of the State retirement credit consequences of donating sick leave and (ii) to employees upon retirement of the amount of sick leave that could be donated to the sick leave bank without any State retirement consequences.
(7)	Require a system to track all retirement and sick leave days.
Appropriate forms and informational materials shall be developed to promote participation in the voluntary sick leave bank, including making forms available for retirees to voluntarily request that extra sick days be transferred to the sick leave bank. At least annually, information about the opportunity to donate to the voluntary sick leave bank should be provided to employees in each school administrative unit.
(b1)	The State Board of Education in cooperation with the State Personnel Commission and the legislative and judicial branches shall adopt rules and policies to allow public school employees and State employees to share sick leave across voluntary sick leave banks.
(c)	The State Board of Education shall also adopt rules and regulations to authorize an employee who requires a substitute to use annual leave on days that students are in attendance if the employee has exhausted all of the employee's sick leave and if the employee's absence is due to the catastrophic illness of the employee or that of an immediate family member. The employee shall not be required to pay the substitute."
SECTION 3.  By January 1, 2008, the Office of State Budget and Management in consultation with the Office of the State Treasurer and the Office of State Personnel shall report to the General Assembly with any recommendations related to the voluntary sick leave banks authorized by this act.
SECTION 4.  Section 1 and Section 2 of this act become effective July 1, 2008. The remainder of this act is effective when it becomes law.