GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 475
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 one of his an annual vacation days day or
to make up the day at a time agreed upon by the employee and his 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 will 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