North Carolina Public Schools Benefits and Employment Policy Manual Public Schools of North Carolina Department of Public Instruction Division of District Human Resources 6368 Mail Service Center Raleigh, North Carolina 27699-6368 http://www.ncpublicschools.org/ Revised June 2020 Table of Contents Category Policy ID# Subject ID# 1.0 Definitions Definitions..................................................................... 1.1 2.0 Holiday Leave Paid Legal Holidays ...................................................... 2.1 Bona Fide Religious Holidays ....................................... 2.2 3.0 Annual Vacation Leave Annual Vacation Leave ................................................. 3.1 Annual Vacation Leave for Catastrophic Illness .............................................. 3.2 Annual Vacation Leave for New Parents ......................................................... 3.3 Bonus Vacation Leave .................................................. 3.4 4.0 Sick Leave Sick Leave ..................................................................... 4.1 Extended Sick Leave ..................................................... 4.2 Voluntary Shared Leave ................................................ 4.3 Voluntary Sick Leave Bank ........................................... 4.4 Disability Income Plan .................................................. 4.5 5.0 Personal Leave Personal Leave .............................................................. 5.1 6.0 Educational/Professional Leave Educational Leave ......................................................... 6.1 Professional Leave ........................................................ 6.2 7.0 Civil Responsibility Leave Community Responsibility ............................................ 7.1 Jury Duty ....................................................................... 7.2 Court Attendance .......................................................... 7.3 Elected Officials ............................................................ 7.4 8.0 Parental/FMLA Leave Parental Leave without Pay ........................................... 8.1 Family Medical Leave Act of 1993 (FMLA) ................ 8.2 Parental Involvement in Schools Leave ........................ 8.3 Table of Contents, continued … Category Policy ID# Subject ID# 9.0 Other Leave Compensatory Leave (FLSA) ....................................... 9.1 Workers’ Compensation Leave ..................................... 9.2 Episode of Violence ...................................................... 9.3 Contagious Disease ....................................................... 9.4 Suspension with Pay ..................................................... 9.5 Other Leaves without Pay ............................................. 9.6 10.0 Military Leave Short-Term Military Leave .......................................... 10.1 Military Leave for Extended Active Duty .................... 10.2 Civil Air Patrol ............................................................. 10.3 State Defense Militia .................................................... 10.4 11.0 Substitutes Teacher Substitutes ...................................................... 11.1 Substitutes for Non-Instructional Personnel ................ 11.2 12.0 Interim/Replacement Employee Interim/Replacement Employee ................................... 12.1 13.0 Longevity Longevity ..................................................................... 13.1 Creditable Service ........................................................ 13.2 14.0 Tenure/Contracts Probationary Teachers .................................................. 14.1 Career Status (Tenure) ................................................. 14.2 Administrator Term Contract Law ............................... 14.3 Contacts........................................................................ 14.4 At-Will Employees ....................................................... 14.5 15.0 School Calendar School Calendar ........................................................... 15.1 16.0 Retired Employees Employment of Retirees ............................................... 16.1 Table of Contents, continued … Category Policy ID# Subject ID# 17.0 Job Sharing for Public School Employees Job Sharing for Public School Employees.................... 17.1 Policy ID#: 1.1 1.1 – Employee Classification Definitions 1.1.1 Overview This section defines the classifications of public school employees to determine certain benefits and privileges afforded when employed. 1.1.2 Permanent Employee As used in these policies “permanent employee” means an employee who is either: (a) Employed to fill a position that is to be permanent if needs and funds continue. A permanent employee is eligible to receive full or pro-rata benefits, or (b) Employed for at least six full consecutive months of employment to either replace one or more employees who are on an approved leave of absence without pay, or to fill a vacancy until a qualified replacement is employed. A person employed for at least six full consecutive months is eligible to receive full or pro-rata benefits, therefore the eligibility for benefits must be determined at the time of the initial assignment, or when the assignment status changes. Permanent employees who works at least 30 hours per week must be enrolled in the Teachers’ and State Employees’ Retirement System and must receive employer-paid medical insurance for self. They may be classified as full-time or part-time but must work a minimum of 20 hours per week. Permanent employees do not lose permanent status during any period of temporary or interim assignment to another position in the same school system when it is anticipated that the employee will be returned to the permanent position. 1.1.3 Part-time Employee As used in these policies “part-time employee” means an employee who regularly works at least 20 hours per week, but less than the number of hours set as full time for that class of work. Any permanent employee who works at least 30 hours per week must be enrolled in the Retirement System and receive employer-paid medical insurance for self. Policy ID#: 1.1 1.1.4 Full-time Employee As used in these policies “full-time employee” is a person employed to fill a vacancy whose regular work week is the number of hours established as full-time for the class of work assigned, but not less than 30 hours per week. Two or more part-time assignments with the same LEA may be combined to satisfy requirements to become a full-time employee. An employee working in two or more positions may not earn more benefits than those allowed for a single, full-time position. 1.1.5 Temporary Employee As used in these policies “temporary employee” means a person who is either: (a) Employed to fill a vacancy working less than 20 hours per week, or (b) Employed to fill a vacancy for less than six full consecutive months of employment. Temporary employees: • May be classified as full-time or part-time. • They are not eligible to earn paid leave and do not participate in the retirement system. • They do not receive nor can purchase health benefits through the State Health Plan. • Temporary employees may not use leave earned during any previous employment. 1.1.6 Interim Employee An interim employee may be employed when an opening occurs in a position by absence from employment, leave without pay, workers’ compensation, short-term disability or absence caused by an episode of violence in the school. An interim employee may not be employed to replace a permanent employee who is using paid leave. As used in these policies “interim employee” means a person employed for less than six full consecutive months to replace an employee who is on an approved leave of absence and is expected to return. Policy ID#: 1.1 RETURN TO WORK RETIRED TEACHERS & STATE EMPLOYEES As a Teachers’ and State Employees’ Retirement System (TSERS) retiree, if one wishes to return to work with a TSERS employer and continue to receive TSERS monthly retirement benefits, one must meet the following conditions: • One must be retired at least 6 months before returning to work for a TSERS employer in any capacity (except as a bona fide volunteer in a local school administrative unit or a school board member). • One must work in a position that does not require membership in TSERS. (NOTE: If one is reemployed in a TSERS position which requires one to be a permanent employee who works at least 30 hours per week for 9 months per year, one’s retirement payment must be stopped and will again become a contributing TSERS member.) • One will be subject to the earnings restrictions below. One can earn whichever is greater: 50% of one’s gross pre-retirement salary (excluding termination payments) or $33,560.00 (2019 amount) These earnings restrictions apply for the 12 months immediately following retirement and for each calendar year of retirement. The responsibility of maintaining bona fide volunteer status or the earnings restrictions resides with the retiree, not with the local school district. Retirees should consult the retirement system if they have questions about their retirement status. 1.1.7 Instructional Personnel As used in these policies “instructional personnel” means all teachers as defined by G.S. 115C-325 (a) (6), with the exception of supervisors, and non-teaching principals, assistant principals, social workers, counselors and psychologists. The term could include principals, assistant principals or counselors who teach any part of the day. Instructional personnel