Does North Carolina's school-involvement leave statute (four hours per year) apply to public school employees, and is the 'year' a calendar year, a fiscal year, or something the employer can pick?

Plain-English summary

The North Carolina Department of Public Instruction asked three questions about the newly enacted school-involvement leave statute, G.S. § 95-28.3: whether it covered public school employees, whether four hours was the maximum leave allowed, and whether "year" meant a calendar or fiscal year. The AG answered that it covered public school employees and other state and local agency workers, four hours was a required minimum, and the employer could use any consecutive twelve-month period.

The statute required employers to grant four hours per year to an employee who was a parent, guardian, or person standing in place of a parent of a school-aged child so the employee could attend or otherwise be involved at that child's school. The AG read the requirement as at least four hours. Employers could grant more. For public schools, the opinion also noted that a superintendent could grant unpaid leave under 16 N.C.A.C. 6C.0405 and local board rules, and a local board could adopt a more generous school-involvement leave policy.

The statute did not specify a calendar or fiscal year. An employer could choose either or another consecutive twelve-month period. To keep administration consistent, the AG suggested that the State Board of Education establish the beginning and end of the leave year. If its chosen period did not begin on the statute's December 1, 1993 effective date, employees would be entitled to a prorated share for the first partial year.

Currency note

This opinion interpreted the 1993 statute and school personnel rule. Check their current text and the employer's adopted leave policy for a present request.

Background and statutory framework

The opinion relied on the text of G.S. § 95-28.3 and on nearby Chapter 95 provisions expressly applicable to state and local agencies. It found no indication that the legislature intended to exclude public employers from the new school-involvement leave requirement.

The AG treated the four hours as a floor because the statute did not bar more leave. It treated the undefined "year" as allowing a consistent employer choice among consecutive twelve-month periods. The opinion did not decide whether particular events away from the child's school, medical appointments, or emergency pickups qualified.

Common questions

Do public school employees get this leave under the opinion?

Yes. The AG said G.S. § 95-28.3 applied to public schools and other state and local employers.

May an employer grant more than four hours?

Yes. The AG said four hours was the minimum required, not a maximum.

Must the leave year match the calendar year?

No. The employer could use a calendar year, fiscal year, or another consecutive twelve-month period. The AG suggested a consistent policy setting its start and end.

Did the opinion say school-related medical appointments or emergency pickups count?

No. It quoted the statute's purpose of letting a parent or guardian attend or otherwise be involved at the child's school, but did not rule on those specific activities.

Source

• Landing page: https://ncdoj.gov/opinions/interpretation-of-n-c-gen-stat-%EF%BF%BD-95-28-3/

Citations

• N.C. Gen. Stat. § 95-28.3 (school involvement leave)
• 1993 N.C. Session Laws Ch. 509
• 16 N.C.A.C. 6C.0405 (superintendent discretion on leave)

Original opinion text

December 2, 1993

Mr. James O. Barber
Assistant State Superintendent
N. C. Department of Public Instruction
301 N. Wilmington Street
Raleigh, North Carolina 27601-2825

Re: Advisory Opinion Interpretation of N.C. Gen. Stat. § 95-28.3; 1993 N.C. Session Laws Ch. 509

Dear Mr. Barber:

On October 28, 1993 you wrote to request our opinion regarding the interpretation and application of N.C. Gen. Stat. § 95-28.3 (1993 N.C. Session Laws Ch. 509). This statute provides, in pertinent part, that "employers shall grant four hours per year leave to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at that child's school." You have asked: (1) Does the statute apply to employees of public schools; (2) Is the specification of four hours leave maximum allowable under the law; and (3) Is the year referenced in the statute a fiscal or calendar year?

First, it is our opinion that the General Assembly intended this statute to apply to employees of public schools and other state and local agencies. Other provisions of Chapter 95, Art. 3, including G.S. §§ 95-28.1 and 28.2 are expressly applicable to state and local governmental agencies. Absent any indications to the contrary, it is our opinion that the General Assembly also intended G.S. § 95-28.3 to apply to state and local employers.

Second, it is our opinion that the General Assembly intended to require all employers to grant their employees at least four hours of leave per year to participate in activities at a child's school. The statute does not prohibit employers from granting their employees more than four hours leave per year to participate in a child's education. Consistent with 16 N.C.A.C. 6C.0405 and any rules adopted by the local board of education, a superintendent may grant a public school employee a leave of absence without pay in his discretion. Therefore, if a local board of education should desire to grant more than four hours of leave per year to its employees to permit them to participate in their child's education, there appear to be no legal obstacles to the adoption of such a policy.

Finally, G.S. § 95-28.3 does not limit the year during which the employer must allow the four hours of leave to any the particular 12-month period. Absent such a restriction, it is our opinion that an employer is free to allow its employees four hours of leave during either a calendar year or a fiscal year or, indeed, any consecutive 12-month period. To provide for a consistent and uniform leave policy, the State Board may wish to adopt a policy or regulation which establishes the beginning and ending of the year for purposes of G.S. § 95-28.3. If the State Board establishes a twelve-month period which does not begin with the effective date of the statute, i.e. December 1, 1993, then employees would be entitled to a prorated share of the four hours of leave required under the statute from December 1, 1993, until the end of the year designated in the policy.

If you have any further questions regarding the interpretation or application of this statute, please write again.

Edwin M. Speas, Jr.
Senior Deputy Attorney General

Thomas J. Ziko
Special Deputy Attorney General