North Carolina § 128-39 - Leaves of absence for State officials for protracted illness or other reason.

§ 128-39. Leaves of absence for State officials for protracted illness or other reason.

Any elective or appointive State official may obtain leave of absence from the official's duties for protracted illness or other reason satisfactory to the Governor, for such period as the Governor may designate. The leave shall be obtained only upon application by the official and with the consent of the Governor. The official shall receive no salary during the period of leave unless the leave of absence is granted by reason of protracted illness, in which event the granting of a leave of absence shall not deprive the official of the benefits of cumulative sick leave to which the official may be entitled under rules and regulations adopted pursuant to G.S. 143-37 or to which he may otherwise be entitled by law. The period of leave may be extended upon application to and with the approval of the Governor if the reason for the original leave still exists, and it may be shortened if the reason shall unexpectedly terminate: Provided, that no leave or extension thereof shall operate to extend the term of office of any official beyond the period for which the official was elected or appointed. If, by reason of the length of the period of absence or the nature of the duties of the official, the Governor deems it necessary, the Governor may appoint any citizen of the State, without regard to residence or district, as a temporary replacement for the period of the official's leave of absence. This appointee shall have all the authority, duties, perquisites, and emoluments of the official temporarily replaced. The appointee shall possess all the qualifications required by law for holding the office for which the temporary replacement official is appointed. History (1941, c. 121, s. 1; 2007-432, s. 1.) Editor's Note. - G.S. 143-37, referred to in this section, was repealed by Session Laws 1965, c. 640, s. 1. For present provisions as to leave, see G.S. 126-8 . Effect of Amendments. - Session Laws 2007-432, s. 1, effective August 23, 2007, added "for protracted illness or other reason" in the section heading; substituted "the official's duties for protracted illness" for "his duties for military or naval service, protracted illness" in the first sentence; substituted "deprive the official" for "operate to deprive any such official" in the third sentence; rewrote the former last sentence as the present last three sentences; and made minor stylistic and gender neutralization changes throughout.