§ 115C-285. Salary.
§ 115C‑285. Salary.
(a) Principals andsupervisors shall be paid promptly when their salaries are due provided thelegal requirements for their employment and service have been met. Allprincipals and supervisors employed by any local school administrative unit whoare to be paid from local funds shall be paid promptly as provided by law andas state‑allotted principals and supervisors are paid.
Principals and supervisorspaid from State funds shall be paid as follows:
(1) Classifiedprincipals and State‑allotted supervisors shall be employed for a term of12 calendar months. Each local board of education shall establish a set date onwhich monthly salary payments to classified principals and State‑allottedsupervisors shall be made. This set pay date may differ from the end of thecalendar month of service. Classified principals and State‑allottedsupervisors shall only be paid for the days employed as of the set pay date.Payment for a full month when days employed are less than a full month isprohibited as this constitutes prepayment. They shall earn annual vacationleave at the same rate provided for State employees. On a day that employeesare required to report for a workday but pupils are not required to attendschool due to inclement weather, an employee may elect not to report due tohazardous travel conditions and to take one of his annual vacation days or tomake up the day at the time agreed upon by the employee and his immediatesupervisor. They shall be provided by the board the same or an equivalentnumber of legal holidays as those designated by the State Personnel Commissionfor State employees.
(2) Supervisors andclassified principals paid on an hourly or other basis whether paid from Stateor from local funds may accumulate annual vacation leave days as follows:annual leave may be accumulated without any applicable maximum until June 30 ofeach year. On June 30 of each year, any supervisor or principals with more than30 days of accumulated leave shall have the excess accumulation converted tosick leave so that only 30 days are carried forward to July 1 of the same year.All vacation leave taken by the employee will be upon the authorization of hisimmediate supervisor and under policies established by the local board ofeducation. An employee shall be paid in a lump sum for accumulated annual leavenot to exceed a maximum of 240 hours or 30 days when separated from service dueto resignation, dismissal, reduction in force, death, or service retirement.Upon separation from service due to service retirement, any annual vacationleave over 30 days will convert to sick leave and may be used for creditableservice at retirement in accordance with G.S. 135‑4(e). If the last dayof terminal leave falls on the last workday in the month, payment shall be madefor the remaining nonworkdays in that month. Employees retiring on disabilityretirement may exhaust annual leave rather than be paid in a lump sum. Theprovisions of this subdivision shall be accomplished without additional Stateand local funds being appropriated for this purpose. The State Board ofEducation shall adopt rules and regulations for the administration of thissubdivision.
(3) Notwithstanding anyprovisions of this section to the contrary no person shall be entitled to payfor any vacation day not earned by that person. Vacation days shall not be usedfor extending the term of employment of individuals and shall not be cumulativefrom one fiscal year to another fiscal year, except as provided in subdivision(5) of this section.
(4) Each local board ofeducation shall sustain any loss by reason of an overpayment to any principalor supervisor paid from State funds.
(5) All of the foregoingprovisions of this section shall be subject to the requirement that at leastfifty dollars ($50.00), or other minimum amount required by federal socialsecurity laws, of the compensation of each school employee covered by theTeachers' and State Employees' Retirement System or otherwise eligible forsocial security coverage shall be paid in each of the four quarters of thecalendar year.
(6) The State Board ofEducation, in fixing the State standard salary schedule of principals asauthorized by law, shall provide that principals who entered the armed orauxiliary forces of the United States after September 16, 1940, and who lefttheir positions for such service, shall be allowed experience increments forthe period of such service as though the same had not been interrupted thereby,in the event such persons return to the position of teachers, principals orsuperintendents in the public schools of the State after having been honorablydischarged from the armed or auxiliary forces of the United States.
(7) All persons employedas principals in the schools and institutions listed in subsection (p) of G.S.115C‑325 shall be compensated at the same rate as are teachers in thepublic schools in accordance with the salary schedule adopted by the StateBoard of Education.
(8) A teacher whobecomes an assistant principal without a break in service shall be paid, on amonthly basis, at least as much as he or she would earn as a teacher employedby that local school administrative unit.
(b) Every local boardof education may adopt, as to principals and supervisors not paid out of Statefunds, a salary schedule, but it likewise shall recognize a difference insalaries based on different duties, training, experience, professional fitness,and continued service in the same school system; but if any local board ofeducation shall fail to adopt such a schedule, the State salary schedule shallbe in force.
(c) The board ofeducation may withhold the salary of any supervisor or principal who delays orrefuses to render such reports as are required by law, but when the reports aredelivered in accordance with law, the salary shall be paid forthwith. (1955, c. 1372, art. 5, s.32; art. 6, s. 13; art. 17, s. 9; art. 18, s. 6; 1961, c. 1085; 1965, c. 584,s. 3; 1971, c. 1052; 1973, c. 315, s. 2; c. 647, s. 1; 1975, c. 383; c. 437, s.9; c. 608; c. 834, ss. 1, 2; 1979, c. 600, ss. 1‑5; 1981, c. 423, s. 1;c. 639, s. 4; c. 946, s. 2; 1983, c. 872, s. 2; 1985, c. 757, s. 145(d); 1985(Reg. Sess., 1986), c. 975, s. 15; 1987, c. 414, s. 5; 1989, c. 386, s. 1;1993, c. 321, s. 73(b); 1995, c. 450, s. 18; 1997‑443, s. 8.38(g); 1999‑237,s. 28.26(d); 2009‑451, s. 7.22(a).)