§ 28-35. Sick leave.

I. ORDINANCE

(a)

General.

(1)

The County provides Sick Leave with pay for Permanent, Provisional, and Time-Limited employees, both Full-Time and Part-Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period.

(2)

Repealed Effective January 28, 2011.

(3)

Employees of the Sheriffs and Register of Deeds' departments are covered by the Sick Leave section of the Personnel Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by this section of the Ordinance. Such election may be made upon initial adoption of this section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Sick Leave then his or her compensation is reduced by being placed on leave without pay for any additional Sick Leave period. This constitutes a voluntary reduction in compensation under GS153A-92b(1).

(b)

Using Sick Leave. Repealed Effective January 28, 2011.

(c)

Earning Sick Leave.

(1)

Each Permanent, Provisional or Time-Limited employee earns Sick Leave based on the regular work schedule.

(2)

A Permanent, Provisional or Time-Limited Full Time employee regularly scheduled to work 40 hours each workweek earns Sick Leave at a rate of 3.7 hours each pay period or 96.2 hours each year.

(3)

Sick Leave earning is prorated for Permanent, Provisional or Time-Limited employee working a regular work schedule other than 40 hours.

(4)

Sick Leave is earned during any pay period in which the employee works or is on paid leave one-half or more of the work days in the pay period.

(5)

In addition to Sick Leave earned, any accumulated Annual Leave in excess of 240 hours as of January 31 of each year is converted to Sick Leave. This converted Sick Leave is used in the same manner as earned Sick Leave. As with other Sick Leave, any unused, converted Sick Leave is counted toward creditable service at retirement, as authorized by the N.C. Local Government Employees' Retirement System.

(d)

Accumulating Sick Leave. Unused Sick Leave is cumulative and there is no maximum amount which may be accumulated.

(e)

Transferring Sick Leave.

(1)

A new Permanent, Provisional or Time-Limited employee may transfer earned, unused Sick Leave from another local government unit in North Carolina or from a North Carolina State agency if the transfer occurs within 12 months of employment with that unit or agency.

(2)

Any Sick Leave transfer requires proper verification of accumulated Sick Leave by the unit or agency which the employee is leaving. The employee is responsible for obtaining such verification.

(3)

For Permanent employees as of January 1, 1992 this transfer provision is retroactive to the effective date of any covered transfer.

(f)

Reinstating Sick Leave. A former Permanent, Provisional or Time-Limited Orange County employee who is reinstated as a Permanent, Provisional or Time-Limited employee within one year after separation is credited with previously accumulated Sick Leave, upon reinstatement.

(g)

Approving Sick Leave. Repealed Effective January 28, 2011.

(h)

Responsibility. Repealed Effective January 28, 2011.

(i)

Advancing Sick Leave. Repealed Effective January 28, 2011.

(j)

Effect of Separation on Sick Leave.

(1)

Resignation, Layoff, Probationary Termination or Dismissal. At separation, the employee receives no pay for accumulated, unused Sick Leave.

(2)

Final Paycheck. If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee shall reimburse the County from the final paycheck of the employee.

(Ord. of 06-07-1976, eff. 08-01-1976; Amend. of 02-03-1992, Art. IV § 6.0, eff. 01-01-1992; Amend. of 01-20-2011, eff. 01-29-2011)