GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 1378
Committee Substitute Favorable 6/21/99

Short Title:  Reinstatement of Unused Sick Leave.	(Public)

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Sponsors:

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Referred to:  

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April 29, 1999

A BILL TO BE ENTITLED
AN ACT RELATING TO THE REINSTATEMENT OF UNUSED SICK LEAVE FOR STATE EMPLOYEES, PUBLIC SCHOOL EMPLOYEES, AND COMMUNITY COLLEGE EMPLOYEES.
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:
"§ 126-8.4. Reinstatement of unused sick leave.
(a)	Unused sick leave shall be reinstated provided the former State employee returns to employment at a State agency within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the employing State agency.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the State agency may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(b)	Unused sick leave shall be reinstated at a State agency when the employee was previously employed at a State institution, community college, or public school system, provided the former employee returns to employment at a State agency within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the employing State agency.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the State agency may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(c)	Unused sick leave shall be reinstated at a State agency when the employee was previously employed in a position covered by the State Personnel Act in county agencies of mental health, public health, social services, or emergency management, provided the employee is employed at a State agency within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the employing State agency.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the State agency may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(d)	The total amount of unused sick leave reinstated at a State agency may not exceed the amount that would have been earned under the current State employee sick leave earnings rate."
Section 2.  Article 23 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-336.1. Reinstatement of unused sick leave.
(a)	Unused sick leave shall be reinstated by a local board of education provided a former public school employee returns to employment with a public school system within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the local board of education.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the local board of education may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(b)	Unused sick leave shall be reinstated by a local board of education when the employee was previously employed by a State agency, institution, or community college, provided the employee is employed by the local board of education within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the local board of education.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the local board of education may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(c)	Unused sick leave shall be reinstated by a local board of education when the employee was previously employed in a position covered by the State Personnel Act in county agencies of mental health, public health, social services, or emergency management, provided the employee is employed by the local board of education within 10 years of the date of separation.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the local board of education.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the local board of education may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(d)	The total amount of unused sick leave reinstated by a local board of education may not exceed the amount that would have been earned under the current public school employee sick leave earnings rate."
Section 3.  Article 2 of Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D-22.1. Reinstatement of unused sick leave.
(a)	Unused sick leave may be reinstated by a community college board of trustees provided a former community college employee returns to employment with a community college within 10 years of the date of separation, and if the receiving board is willing to accept the leave.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the board of trustees.    In the event that the former employer cannot document the sick leave balance as of the date of separation, the board of trustees may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(b)	Unused sick leave may be reinstated by a community college board of trustees when the employee was previously employed by a State agency, institution, or public school system, provided the employee is employed by the board of trustees within 10 years of the date of separation, and if the receiving board is willing to accept the leave.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the board of trustees.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the board of trustees may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(c)	Unused sick leave may be reinstated by a community college board of trustees when the employee was previously employed in a position covered by the State Personnel Act in county agencies of mental health, public health, social services, or emergency management, provided the employee is employed by the board of trustees within 10 years of the date of separation, and if the receiving board is willing to accept the leave.  Documentation of the unused sick leave balance as of the date of separation shall be provided by the former employer at the request of the  board of trustees.  In the event that the former employer cannot document the sick leave balance as of the date of separation, the board of trustees may accept documentation of the unused sick leave balance provided by the former employer to the former employee as of the date of separation.
(d)	The total amount of unused sick leave reinstated by a community college board of trustees may not exceed the amount that would have been earned under the current community college employee sick leave earnings rate."
Section 4.  This act becomes effective July 1, 1999.