25 NCAC 01E .1404. LEAVE CHARGES

(a)  Periods of paid leave and periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the 12 workweeks to which the employee is entitled.  This includes leave taken under the Voluntary Shared Leave Rules (25 NCAC 1E .1300).

(b)  Workers' Compensation Leave - If an employee is on workers' compensation leave drawing temporary total disability, the time away from work is not considered as a part of the family and medical leave 12-week entitlement.

(c)  Compensatory Leave - The agency cannot require an employee to use compensatory time for unpaid family and medical leave.

(d)  Employee Options - The employee has the following options for charging leave:

(1)           For the birth of a child, the employee may choose to exhaust available vacation or sick leave, or any portion, or go on leave without pay; except that sick leave may be used during the period of disability.  This applies to both parents.

(2)           For the adoption of a child, the employee may choose to exhaust a maximum of 30 days sick leave, available vacation leave, or any portion, or go on leave without pay.

(3)           For the illness of an employee's child, spouse, or parent, the employee may choose to exhaust available sick or vacation leave, or any portion, or go on leave without pay.

(4)           For the employee's illness, the employee shall exhaust available sick leave and may choose to exhaust available vacation leave, or any portion, before going on leave without pay.  If the illness extends beyond the 60-day waiting period required for short-term disability, the employee may choose to exhaust the balance of available leave or begin drawing short-term disability benefits.

 

History Note:        Authority G.S. 126-4(5); P.L. 103-3;

Eff. August 2, 1993;

Amended Eff. October 1, 2004, October 1, 1995; December 1, 1993.