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Bill to grant 12‑month faculty 24 days paid leave draws NDUS opposition

January 15, 2025 | Education, House of Representatives, Legislative, North Dakota


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Bill to grant 12‑month faculty 24 days paid leave draws NDUS opposition
Representative Eric Murphy introduced House Bill 1179, which would establish paid annual leave for 12‑month faculty at public institutions governed by the State Board of Higher Education.

“Imagine a situation where you got no paid time off. None,” Murphy said, describing what he said has been the experience at one research institution for some 12‑month faculty. Murphy said the bill would provide 24 days of annual leave for 12‑month faculty, align practice across institutions and introduce tracking and accountability for faculty absences.

Murphy cited North Dakota State University policy language as an example of existing practice at one campus. Reading from NDSU policy 130, he told the committee, “annual leave for 12 month faculty ... is earned at a rate of 16 hours per month, 24 days per year. Annual leave will be prorated for those who are less than full time.” Murphy said the proposal is in part intended to normalize what already exists at some campuses and to add recordkeeping so administrators can track use and payout on separation.

Lisa Johnson, vice chancellor for academic and student affairs for the North Dakota University System, testified in opposition. She told the committee the NDUS is a constitutionally created entity and that the State Board of Higher Education “shall have full authority over the institutions under its control,” citing “Constitution Article 8 Section 6.6b.” Johnson said the board and campuses currently manage human resources and that NDUS oversees roughly 6,500 personnel systemwide.

Johnson told members the bill would apply to a narrow subset of employees — about 250 to 300 staff on 12‑month contracts, according to NDUS testimony — and that legislating leave for one employee category raises questions about parity and the peripheral implications for 9‑, 10‑ and 11‑month contracts and other employee groups. She urged a “do not pass” recommendation and offered to work with the committee and OMB on further analysis.

The committee discussed the fiscal note. Representative Nick Schreiber pointed to a fiscal estimate “a little over $7,000,000 per biennium” on the bill’s fiscal note; Murphy questioned the note’s methodology and asked OMB to review it as a neutral party. NDUS witnesses said the fiscal estimate reflects potential payouts at separation under different accrual and carryover scenarios and offered to provide additional detail on counts and salary assumptions.

The bill includes implementation timing and carryover mechanics discussed in testimony. Murphy said that without an emergency clause the statute would take effect Aug. 1; under the bill 12‑month faculty would receive 24 days on that date and could carry over up to 30 days if institutions implement the change. Murphy said the draft provides a remediation path if institutions do not adopt the change by the August date (a later January 1 provision was discussed during questioning), including a provision that would result in a larger allowable carryover if the institution fails to implement the program.

Committee members asked how leave is handled now. NDUS witnesses said many leave and accrual rules are set at the campus or department level and that 12‑month contracts and their leave policies can vary by program (Murphy noted med school faculty and agricultural faculty as examples). Members also discussed staff accrual rules, which some members described as requiring 18 years of service to reach a 24‑day accrual maximum for staff.

The hearing record shows no committee vote on HB 1179. NDUS testimony closed with a request that the committee decline to pass the bill and allow the State Board of Higher Education and campuses to address leave policy within their statutory authority. The committee closed the hearing after receiving testimony and questions; further action will depend on committee scheduling and any follow‑up fiscal review.

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Scribe from Workplace AI
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