Leave Accrual and Use Policy 7510

Leave Accrual and Use Policy 7510

I. Purpose

The Eastern North Carolina School for the Deaf (ENCSD) recognizes the importance of providing employees with leave options to attend to personal, civic, and professional responsibilities while maintaining an effective instructional program for students. Employees will not be subject to termination, demotion, or other adverse employment actions for taking leave in compliance with board policies and administrative procedures.

All leave requests, whether paid or unpaid, must adhere to state and federal laws and policies set forth by the North Carolina Department of Public Instruction (NCDPI), including the most current version of the North Carolina Public Schools Benefits and Employment Policy Manual, available at:
https://www.dpi.nc.gov/districts-schools/districts-schools-support/district-human-capital/employee-policy

This policy supplements, rather than replaces, applicable legal requirements. If any state or federal law or regulation conflicts with existing ENCSD or State Board policies, this policy will be modified as necessary to ensure compliance.

II. Definitions

For purposes of this policy, the following terms are defined as follows:

  • 126 Employee: An employee subject to the North Carolina Human Resources Act (N.C.G.S. Chapter 126), typically administrative, clerical, or support staff.
  • 115C Employee: A licensed or certified employee serving in a public-school capacity, including teachers and instructional support staff, governed under Chapter 115C of the North Carolina General Statutes.
  • Permanent Full-Time Employee: An employee regularly scheduled to work 40 hours per week for at least nine (9) months in a calendar year.
  • Immediate Family Member: Includes spouse, parent, child, sibling, grandparent, grandchild, or in-law equivalent of any of these relationships.
  • FMLA: The Family and Medical Leave Act, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons.
  • Excessive Absences: More than 10 unapproved absences in a school year, or a recurring pattern of absences that negatively impacts job performance.
  • Tardiness: Arriving late to work beyond the scheduled start time without prior approval or valid reason.
  • Compensatory Time (Comp Time): Time off earned by non-exempt employees in lieu of overtime pay for hours worked beyond 40 in a workweek, as allowed under the Fair Labor Standards Act.
  • Personal Observance Day: A full day of leave designated by the employee for a day of personal religious or cultural significance, in accordance with state law.
  • Voluntary Shared Leave: A program that allows employees to donate earned leave to fellow employees experiencing a serious medical hardship, administered under state policy.

III. Employee Classifications

Employees at ENCSD are classified under two primary categories based on North Carolina General Statutes:

A. 126 Employees (State Human Resources Act Employees)

These employees are subject to the North Carolina Human Resources Act and typically include administrative, clerical, and support staff. Leave is accrued according to the North Carolina State Human Resources policy, based on years of service.

B. 115C Employees (Certified Public-School Employees)

These include teachers, instructional support staff, and other school-based employees. Leave accrual and usage follow state public school guidelines and the academic calendar.

IV. General Leave Guidelines

A. Minimum Leave Time

Leave may be taken in hourly increments unless otherwise specified.

B. Continuous Leave of More Than 10 Days

Employees requesting more than ten (10) consecutive days of leave must follow the Family and Medical Leave Act (FMLA) requirements, including appropriate notice and verification.

V. Leave Categories

A. Sick Leave

  • Permanent full-time employees earn one (1) sick day per month. Part-time employees accrue leave on a pro-rata basis.
  • Sick leave may be used for:
    • Personal illness or medical appointments
    • Illness or death in the immediate family (spouse, parent, child, grandparent, sibling, or in-law)
  • A physician's certificate may be required.
  • Falsified sick leave statements are grounds for dismissal.
  • Employees must notify supervisors as early as possible, and no later than 1.5 hours before their start time unless there is an emergency.
  • Sick leave from another NC public school system may be transferred with notarized verification.

B. Personal Leave 

  • Earn two (2) personal leave days per ten-month term (0.2 per month), up to five days.
  • May only be used in half-day or full-day increments.
  • Requires prior approval.
  • May not be used on the first/last instructional day or directly before/after holidays unless approved.

C. Personal Observance Leave

  • One personal observance day per fiscal year, in accordance with state policy.
  • Employees must use a full day.
  • Personal Observance Leave must be used within the calendar year (January 1 – December 31).  If it is not used it will be forfeited.
  • Must be requested in advance and approved.

D. Professional Leave

  • Must be pre-approved by the Superintendent or designee.
  • Includes conferences, workshops, and training.

E. Compensatory Leave

  • Non-exempt employees (FLSA) may accrue compensatory (comp) time.
  • Comp time should be used within the same pay period when possible.

F. Bereavement Leave

  • Eligible employees are as follows:
    • Permanent, probationary, or time-limited employees; and
    • Regularly scheduled to work half time (50%) or more.
    • Part-time employees working less than half-time are not eligible.
  • For the death of an immediate family member, eligible employees are entitled to up to 40 hours of paid Bereavement Leave.  Part-time employees receive a prorated amount based on scheduled hours relative to full-time.
  • The leave may be taken in one continuous block or multiple segments within the allowed timeframe.
  • For immediate family members, the leave must be used within 180 days of the date of death.
  • The leave only applies to days on which the employee is otherwise scheduled to work.  If the funeral or event falls on a non-workday for the employee, the leave does not apply.
  • The employee must submit a request for Bereavement Leave to their supervisor as soon as practicable.
  • Employee must provide documentation such as a death certificate, obituary, or memorial program, within a reasonable time after request.
  • This leave is separate from and in addition to accrued vacation, sick, or personal leave.
  • Use of Bereavement Leave does not count as creditable service toward retirement, and the leave is not cumulative or convertible to cash.

G. Adverse Weather

  • The ENCSD Superintendent will determine the operational status of the school and communicate the status to all staff via official school channels in a timely manner.
  • Employees designated as mandatory employees must report to or remain at work unless otherwise directed by their supervisor.
    • Residential and student-support services (nutrition, transportation, student health center) are considered mandatory while students are on campus.
  • Non-Mandatory employees may:
    • Report to work at the usual time if it is safe to do so, or
    • Arrive late or leave early with supervisory approval, or
    • Work remotely with supervisor approval (if job function allows)
  • Employees who do not report to work and cannot work remotely will have 90 days to make up the time missed.
    • To make up the time missed employee must seek supervisor approval.
    • There must be an operational need for employees to arrive to work early or stay later to make up the missed time.
  • Time missed during an adverse weather condition shall be recorded and managed in accordance with ENCSD Payroll procedures and must be clearly identified as adverse weather condition time.
    • For days or hours missed due to school closure or shift to remote learning, employees will be compensated for regular scheduled pay if they are excused from work.
    • If employees perform work (onsite or remotely) during adverse weather conditions, normal hours will be paid.
    • Exempt (salaried) employees must be paid their full salary for the week if they perform any work, consistent with the Fair Labor Standards Act and state guidance.
    • Non-exempt (hourly) employees will be paid for actual hours worked or otherwise covered as approved within this policy.

H. Discretionary Leave of Absence Without Pay

  • May be requested for up to one (1) calendar year.
  • Requests should be made in writing at least 60 days in advance, if possible.
  • Approval is at the discretion of the Superintendent and Board.
  • Once approved, leave dates are binding unless amended by mutual agreement.

I. Voluntary Shared Leave

J. Military Leave

  • Granted per USERRA and NC law.
  • May be used for active duty, training, or emergencies.
  • Employees must notify supervisors and HR in advance unless military necessity prevents it.
  • Leave may be paid (using annual leave/comp time) or unpaid.
  • Reemployment rights apply under federal law.

K. Other Leave

Includes:

  • Religious observance leave
  • Jury duty
  • Community service leave
  • Parental involvement leave
  • Parental leave without pay
    These types of leave are granted in accordance with applicable laws.

VI. Attendance Expectations

A. Excessive Absences

Regular attendance is a fundamental expectation. Excessive absences are defined as:

  • More than 10 unapproved absences in a school year, OR
  • A pattern of frequent absences (e.g., repeated Mondays/Fridays) that interfere with responsibilities.

Supervisors may require employees to:

  • Provide medical documentation for future absences
  • Meet with HR
  • Develop an attendance improvement plan
  • Be subject to progressive discipline, including dismissal

B. Tardiness

  • Employees are expected to arrive on time.
  • Repeated tardiness may lead to:
    • Required use of leave time to cover lateness
    • Formal disciplinary action

VII. Leave Forms

All leave request forms are available through the FIORI system.

Legal References

  • G.S. 95-28.3; 115C-12, -36, -47, -84.2, -218.90(a)(3), -238.68(3), -285, -302.1, -316, -336, -336.1
  • 16 N.C.A.C. 6C.0405
  • State Board of Education Policy BENF-001
  • North Carolina Public Schools Benefits and Employment Policy Manual
  • Family and Medical Leave Act (FMLA)
  • Uniformed Services Employment and Reemployment Rights Act (USERRA)

Revision Summary

  • Adverse Weather and Bereavement sections added
  • Clarified references to 115C and 126 employees
  • Changed procedures for leave forms to using the FIORI system
Policy