§ 115C-316. Salary and vacation. - North Carolina Statutes

§ 115C‑316.  Salary andvacation.

(a)        School officialsand other employees shall be paid promptly when their salaries are due providedthe legal requirements for their employment and service have been met. Allschool officials and other employees employed by any local schooladministrative unit who are to be paid from local funds shall be paid promptlyas provided by law and as state‑allotted school officials and otheremployees are paid.

Public school employees paidfrom State funds shall be paid as follows:

(1)        Employees Other thanSuperintendents, Supervisors and Classified Principals on an Annual Basis. – Eachlocal board of education shall establish a set date on which monthly salarypayments to employees other than superintendents, supervisors, and classifiedprincipals employed on an annual basis, shall be made. This set pay date maydiffer from the end of the calendar month of service. Employees may be prepaidon the monthly pay date for days not yet worked. An employee who fails toattend scheduled workdays or who has not worked the number of days for whichthe employee has been paid and who resigns or is dismissed shall repay to thelocal board any salary payments received for days not yet worked. An employeewho has been prepaid and who continues to be employed by a local board butfails to attend scheduled workdays may be subject to dismissal or otherappropriate discipline. The daily rate of pay shall equal the number ofweekdays in the pay period. Included within their term of employment shall be annualvacation 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 ofemployment. On a day that employees are required to report for a workday butpupils are not required to attend school due to inclement weather, an employeemay elect not to report due to hazardous travel conditions and to take one ofthe employee's annual vacation days or to make up the day at a time agreed uponby the employee and the employee's immediate supervisor or principal. On a daythat school is closed to employees and pupils due to inclement weather, anemployee shall work on the scheduled makeup day. Included within their term ofemployment each local board of education shall designate the same or anequivalent number of legal holidays as those designated by the State PersonnelCommission for State employees.

(2)        School EmployeesPaid on an Hourly or Other Basis. – Salary payments to employees other thanthose covered in G.S. 115C‑272(b)(1), 115C‑285(a)(1) and (2), 115C‑302.1(b)and 115C‑316(a)(1) shall be made at a time determined by each local boardof education. Expenditures for the salary of these employees from State fundsshall be within allocations made by the State Board of Education and inaccordance with rules and regulations approved by the State Board of Educationconcerning allocations of State funds: Provided, that school employees employedfor a term of 10 calendar months in year‑round schools shall be paid in12 equal installments: Provided further, that any individual school employeeemployed for a term of 10 calendar months who is not employed in a year‑roundschool may be paid in 12 monthly installments if the employee so requests on orbefore the first day of the school year. Such request shall be filed in theadministrative unit which employs the employee. The payment of the annualsalary in 12 installments instead of 10 shall not increase or decrease saidannual salary nor in any other way alter the contract between the employee andthe said administrative unit. Employees may be prepaid on the set pay date fordays not yet worked. An employee who fails to attend scheduled workdays or whohas not worked the number of days for which the employee has been paid and whoresigns or is dismissed shall repay to the local board any salary paymentsreceived for days not yet worked. An employee who has been prepaid and whocontinues to be employed by a local board but fails to attend scheduledworkdays may be subject to dismissal or other appropriate discipline. The dailyrate of pay shall equal the number of weekdays in the pay period. Includedwithin the term of employment shall be provided for full‑time employeesannual vacation leave at the same rate provided for State employees, computedat one‑twelfth (1/12) of the annual rate for State employees for eachcalendar month of employment, to be taken under policies determined by eachlocal board of education. On a day that employees are required to report for aworkday but pupils are not required to attend school due to inclement weather,an employee may elect not to report due to hazardous travel conditions and totake one of his annual vacation days or to make up the day at a time agreedupon by the employee and his immediate supervisor or principal. On a day thatschool is closed to employees and pupils due to inclement weather, the employeeshall work on the scheduled makeup day. Included within their term ofemployment, each local board of education shall designate the same or anequivalent number of legal holidays occurring within the period of employmentas those designated by the State Personnel Commission for State employees.

(3)        Notwithstanding anyprovisions of this section to the contrary no person shall be entitled to payfor any vacation day not earned by that person. The first 10 days of annualleave earned by a 10‑ or 11‑month employee during any fiscal yearperiod shall be scheduled to be used in the school calendar adopted by therespective local boards of education. Vacation days shall not be used forextending the term of employment of individuals. Ten‑ or 11‑monthemployees may accumulate annual vacation leave days as follows: annual leavemay 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 ofaccumulated leave shall have the excess accumulation converted to sick leave sothat only 30 days are carried forward to July 1 of the same year. All vacationleave taken by these employees shall be upon the authorization of theirimmediate supervisor and under policies established by the local board ofeducation. Vacation leave for instructional personnel who do not require asubstitute 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 toexceed a maximum of 240 hours or 30 days when separated from service due toresignation, dismissal, reduction in force, death or service retirement. Upon separationfrom service due to service retirement, any annual vacation leave over 30 dayswill convert to sick leave and may be used for creditable service at retirementin accordance with G.S. 135‑4(e). If the last day of terminal leave fallson the last workday in the month, payment shall be made for the remainingnonworkdays in that month. Employees retiring on disability retirement mayexhaust annual leave rather than be paid in a lump sum. The provisions of thissubdivision shall be accomplished without additional State and local fundsbeing appropriated for this purpose. The State Board of Education shall adoptrules and regulations for the administration of this subdivision.

(4)        Twelve‑monthschool employees other than superintendents, supervisors and classifiedprincipals paid on an hourly or other basis whether paid from State or fromlocal funds may accumulate annual vacation leave days as follows: annual leavemay be accumulated without any applicable maximum until June 30 of each year.On June 30 of each year, any employee with more than 30 days of accumulatedleave shall have the excess accumulation converted to sick leave so that only30 days are carried forward to July 1 of the same year. All vacation leavetaken by the employee will be upon the authorization of his immediatesupervisor and under policies established by the local board of education. Anemployee shall be paid in a lump sum for accumulated annual leave not to exceeda maximum of 240 hours or 30 days when separated from service due toresignation, dismissal, reduction in force, death, or service retirement. Uponseparation from service due to service retirement, any annual vacation leaveover 30 days will convert to sick leave and may be used for creditable serviceat retirement in accordance with G.S. 135‑4(e). If the last day ofterminal leave falls on the last workday in the month, payment shall be madefor the remaining nonworkdays in that month. Employees retiring on disabilityretirement may exhaust annual leave rather than be paid in a lump sum. Theprovisions of this subdivision shall be accomplished without additional Stateand local funds being appropriated for this purpose. The State Board ofEducation shall adopt rules and regulations for the administration of thissubdivision.

(4a)      Employees employed ona 10‑ or 11‑month basis at year‑round schools shall beemployed for the same total number of days as employees employed for a periodof 10 or 11 calendar months, respectively, but those days may be scheduled over12 calendar months. Annual leave, sick leave, workdays, holidays, salary, andlongevity, for employees who are employed on a 10‑ or 11‑monthbasis at year‑round schools, shall be equivalent to those of employeesemployed for 10 or 11 calendar months, respectively.

(5)        All of the foregoingprovisions of this section shall be subject to the requirement that at leastfifty dollars ($50.00), or other minimum amount required by federal socialsecurity laws, of the compensation of each school employee covered by theTeachers' and State Employees' Retirement System or otherwise eligible forsocial security coverage shall be paid in each of the four quarters of thecalendar year.

(6)        Each local board ofeducation shall sustain any loss by reason of an overpayment to any school officialor other employee paid from State funds.

(b)        Every local boardof education may adopt, as to school officials other than superintendents,principals and supervisors not paid out of State funds, a salary schedulesimilar to the State salary schedule, but it likewise shall recognize adifference in salaries based on different duties, training, experience,professional fitness, and continued service in the same school system; but ifany local board of education shall fail to adopt such a schedule, the Statesalary schedule shall be in force.

(c)        Longevity pay for10‑month employees is based on their annual salary and the longevitypercentage may not be reduced by prorating the longevity pay for 10‑monthemployees over a 12‑month period.

(d)        Expired pursuant toSession Laws 1998‑212, s. 28.24, effective October 1, 2007. (1955, c. 1372, art. 5, s.32; art. 18, s. 6; 1961, c. 1085; 1965, c. 584, s. 3; 1971, c. 1052; 1973, c.647, s. 1; 1975, cc. 383, 608; c. 834, ss. 1, 2; 1979, c. 600, ss. 1‑5;1981, c. 423, s. 1; c. 639, ss. 2, 3; c. 730, s. 1; c. 946, s. 3; c. 947, s. 2;1983, c. 872, ss. 5‑7; 1985, c. 757, s. 145(g), (h); 1985 (Reg. Sess.,1986), c. 975, s. 15; 1987, c. 414, ss. 8, 9; 1989, c. 386, s. 3; 1989 (Reg.Sess., 1990), c. 1066, s. 94; 1991, c. 689, s. 39.3(b); 1993, c. 98, s. 2; c.321, s. 73(d), (e); c. 475, s. 2; 1995, c. 450, s. 21; 1997‑443, s.8.38(h), (i); 1998‑212, s. 28.24(b); 1999‑237, s. 28.26(e), (f);2002‑126, s. 28.10(a); 2004‑124, s. 31.18A(a); 2005‑144, s.7A.1; 2007‑145, s. 7(a); 2007‑326, s. 3(a).)