North Carolina Administrative Code

25 NCAC 01B .0345 REQUEST FOR CONTINUANCE History Note: Authority G.S. 126-4(9); Eff. August 1, 1980; Repealed Eff. July 1, 1988.

25 NCAC 01B .0350 TIME FRAME FOR RAISING ALLEGATION OF DISCRIMINATION History Note: Authority G.S. 126-4; 126-34.01; 126-34.02; 126-38; Eff. February 1, 1985; Temporary Amendment Eff. May 23, 2014; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest…

25 NCAC 01B .0412 ATTORNEY FEES History Note: Authority G.S. 126-4(11); Eff. February 1, 1976; Amended Eff. November 1, 1977; Repealed Eff. September 1, 1987.

25 NCAC 01B .0413 EXERCISE OF COMMISSION DISCRETION History Note: Authority G.S. 126-4(9); Eff. August 1, 1980; Amended Eff. May 1, 1989; Temporary Amendment Eff. May 23, 2014; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 201…

25 NCAC 01B .0437 STATE Human resources COMMISSION: PROCEDURES History Note: Authority G.S. 126-4; 150B-36; Eff. September 1, 1991; Amended Eff. August 1, 2000; March 1, 1996; Temporary Amendment Eff. January 1, 2001; Amended Eff. August 1, 2012; July 18, 2002; Pursuant to G.S. 1…

SUBCHAPTER 01C – Personnel ADMINISTRATION SECTION .0100 - EMPLOYMENT 25 NCAC 01C .0101 DUTIES OF THE SECTION History Note: Authority G.S. 126-4; 126-7; 126-8; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01C .0102 ORGANIZATION OF SECTION History Note: Authority G.S. 126-3; 143B-11; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

25 NCAC 01C .0103 FORMS USE IN PERSONNEL ADMINISTRATION History Note: Authority G.S. 126-4; 150B-11(1); Eff. February 1, 1976; Repealed Eff. November 1, 1988.

SECTION .0200 - GENERAL EMPLOYMENT POLICIES 25 NCAC 01C .0201 SCOPE AND AUTHORITY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule expired November 1, 2014.

25 NCAC 01C .0202 EQUAL EMPLOYMENT OPPORTUNITY History Note: Authority G.S. 126-4; 126-5(c)(1)-(4); 126-16; 126-36; 168A-5(b)(3); P.L. 92-261, March 24, 1972; S.L. 2013-382, s. 7.1; Eff. February 1, 1976; Amended Eff. October 1, 2004; November 1, 1988; July 1, 1988; October 1, 19…

25 NCAC 01C .0203 EMPLOYMENT OF RELATIVES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1980; Repealed Eff. October 1, 2004.

25 NCAC 01C .0204 COMMITMENTS AND POSITION VACANCY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. October 1, 2004.

25 NCAC 01C .0207 MEDICAL EXAMINATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. August 1, 1995.

25 NCAC 01C .0208 RE-EMPLOYMENT OF RETIRED PERSONNEL History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. July 1, 1977.

25 NCAC 01C .0209 QUALIFICATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1978; Repealed Eff. October 1, 2004.

25 NCAC 01C .0210 POLITICAL ACTIVITIES History Note: Authority G.S. 126-13; 126-14; 126-15; 5 USCA 1501-1508; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule expired November 1, 2014.

25 NCAC 01C .0211 PERSONAL PROTECTIVE EQUIPMENT History Note: Authority G.S. 126-4; Eff. September 1, 1976; Amended Eff. January 1, 1990; February 1, 1985; January 9, 1978; Repealed Eff. July 1, 1995.

25 NCAC 01C .0212 INFORMATION ON GROUP INSURANCE PROGRAMS History Note: Authority G.S. 126-4; Eff. September 1, 1976; Repealed October 1, 2004.

25 NCAC 01C .0213 INFORMATION SOURCES History Note: Authority G.S. 126-4; Eff. September 1, 1976; Repealed Eff. October 1, 2004.

25 NCAC 01C .0214 UNLAWFUL WORKPLACE HARASSMENT History Note: Authority G.S. 126-4; 126-16; 126-17; 126-36; 126-36.1; Eff. December 1, 1980; Amended Eff. November 1, 1988; April 1, 1983; Temporary Amendment Eff. February 18, 1999; Amended Eff. July 18, 2002; Recodified to 25 NCAC…

25 NCAC 01C .0215 EMPLOYMENT CONTRACTS (a) Except as to apprenticeship agreements executed according to the provisions of G.S. Chapter 94 and except as to provisions of Paragraph (b) of this Rule, the following provisions apply to employment contracts: (1) No employee shall be re…

SECTION .0300 – personnel RECORDS AND REPORTS 25 NCAC 01C .0301 MAINTENANCE OF RECORDS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 2004; Pursuant to G.S. 150B-21.3A, rule expired November 1, 2014.

25 NCAC 01C .0302 MAINTENANCE OF RECORDS OPEN TO PUBLIC INSPECTION History Note: Authority G.S. 126-4; 126-23; 126-26; Eff. February 1, 1976; Amended Eff. January 1, 1989; Repealed Eff. October 1, 2004.

25 NCAC 01C .0305 RECORDS OF FORMER EMPLOYEES AND APPLICANTS FOR EMPLOYMENT History Note: Authority G.S. 126-22; 126-24; 126-26; Eff. February 1, 1976; Amended Eff. November 1, 1988; October 1, 1977; Repealed Eff. October 1, 2004.

25 NCAC 01C .0306 REMEDIES OF EMPLOYEES OBJECTING TO MATERIAL IN FILE History Note: Authority G.S. 126-25; 126-26; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01C .0307 SAFEGUARDING CONFIDENTIAL INFORMATION History Note: Authority G.S. 126-23; 126-26; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule expired November 1, 2014.

25 NCAC 01C .0310 REPORTS History Note: Authority G.S. 126-24; 126-26; Eff. February 1, 1976; Amended Eff. November 1, 1988; Repealed Eff. October 1, 2004.

25 NCAC 1C .0311 EMPLOYEE OBJECTION TO MATERIAL IN FILE History Note: Authority G.S. 126-25; Temporary Amendment Eff. May 23, 2014; Repealed Eff. May 1, 2015.

SECTION .0400 - APPOINTMENT 25 NCAC 01C .0401 APPOINTMENT DEFINED An appointment is the approval or certification of an applicant or employee to perform the duties and responsibilities of an established position subject to the provisions of the State Human Resources Act. The sele…

25 NCAC 01C .0402 PERMANENT AND TIME-LIMITED APPOINTMENT (a) An appointment to an established position shall be a permanent appointment if: (1) the requirements of the probationary period have been satisfied in accordance with G.S. 126-1.1, or (2) a time-limited appointment exten…

25 NCAC 01C .0405 Temporary Appointment (a) A temporary appointment is an appointment to fill a workforce need for a limited period of time. Temporary employees shall not be used to permanently expand the workforce beyond authorized levels set in the authorized budget as defined …

25 NCAC 01C .0406 PERMANENT TRAINEE OR TIME-LIMITED PART-TIME History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. August 1, 1995; June 1, 1983; Pursuant to G.S. 150B-21.3A, rule expired November 1, 2014.

25 NCAC 01C .0407 TEMPORARY PART-TIME APPOINTMENT History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. August 1, 1995; November 1, 1991; December 1, 1978; Readopted Eff. April 1, 2016; Repealed Eff. December 1, 2021.

25 NCAC 01C .0410 OTHER APPOINTMENTS UNDER COMPETITIVE SERVICE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. June 1, 1983; August 1, 1980; Repealed Eff. December 1, 1985.

25 NCAC 01C .0413 SEASONAL HOURLY History Note: Authority G.S. 126-4; Eff. March 1, 1987; Repealed Eff. March 1, 1989 in accordance with G.S. 150B-59(c).

SECTION .0500 - WORK SCHEDULE 25 NCAC 01C .0501 STANDARD WORKWEEK The standard workweek for employees subject to the Personnel Act is 40 hours per week. The normal daily work schedule is five days per week, eight hours a day plus a meal period. Other schedules apply to part-time …

25 NCAC 01C .0502 VARIABLE WORK SCHEDULE Agencies may choose to utilize a variable work schedule, that allows employees to choose a daily work schedule and meal period which, subject to agency necessities, is most compatible with their personal needs. Supervisors are responsible …

25 NCAC 01C .0503 IMPLEMENTATION (a) Each new employee shall be given detailed information about the variable work schedule and given the opportunity to select the schedule preferred prior to reporting for work. Work schedules are to be associated with individuals and not with po…

25 NCAC 01C .0504 LIMITATIONS (a) An employee who arrives later than scheduled, may be permitted by his or her supervisor to make up the deficit of working hours by working that much longer at the end of the workday if this is consistent with the work need of the agency. Otherwis…

25 NCAC 01C .0505 IMPLEMENTATION AND MAINTENANCE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. February 1, 1983; Repealed Eff. September 1, 1985.

25 NCAC 01C .0506 ADVERSE WEATHER CONDITIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. August 1, 1985; December 1, 1978; Repealed Eff. October 1, 2004.

25 NCAC 01C .0507 HOURS OF WORK DUE TO TIME CHANGE (a) When the time is changed from Eastern Standard Time to Daylight Savings Time, employees working during this interval only work seven hours rather than eight hours. The employees must be held accountable for the hour that no w…

25 NCAC 01C .0508 HOURS OF WORK AND OVERTIME PAY History Note: Authority G.S. 126-4; 29 USC 201-219; Eff. February 1, 1976; Repealed Eff. December 1, 1976.

25 NCAC 01C .0509 WORK OPTIONS PROGRAM History Note: Authority G.S. 126-74 through 126-79; Eff. December 1, 1981; Amended Eff. November 1, 1988; June 1, 1982; Pursuant to G.S. 150B-21.3A, rule expired on November 1, 2014.

SECTION .0600 - COMPETITIVE SERVICE 25 NCAC 01C .0601 STANDARDS FOR A MERIT SYSTEM OF PERSONNEL ADMINISTRATION History Note: Authority 42 USC 246(a)(2)(f); 42 USC 246(d)(2)(f); 42 USC 291d(a)(8); 42 USC 302(a)(5)(A); 42 USC 602(a)(5)(A); 42 USC 705(a)(3)(A); 42 USC 1202(a)(5)(A);…

25 ncac 01c .0602 POSITIONS UNDER COMPETITIVE SERVICE History Note: Authority G.S. 126-12; 42 USC 246(a)(2)(f); 42 USC 246(d)(2)(f); 42 USC 291d(a)(8); 42 USC 302(a)(5)(A); 42 USC 602(a)(5)(A); 42 USC 705(a)(3)(A); 42 USC 1202(a)(5)(A); 42 USC 1352(a)(5)(A); 42 USC 1382(a)(5)(A);…

SECTION .0700 - SECONDARY EMPLOYMENT 25 NCAC 01C .0701 POLICY The employment responsibilities to the state are primary for any employee working full-time; any other employment in which that person chooses to engage is secondary. An employee shall have approval from the agency hea…

25 ncac 01c .0702 AGENCY RESPONSIBILITY (a) Secondary employment shall not be permitted when it would: (1) create either directly or indirectly a conflict of interest with the primary employment; (2) impair in any way the employee's ability to perform all expected duties, to make…

25 NCAC 01C .0703 EMPLOYEE RESPONSIBILITY (a) The employee shall complete a Secondary Employment Form for any employment that is not covered by the Dual Employment Policy in the North Carolina State Budget Manual. (b) The employee shall update the Secondary Employment Form whenev…

SECTION .0800 -- REQUIREMENTS FOR TELEWORKING PROGRAMS 25 ncac 01c .0801 PURPOSE Teleworking allows agencies to designate employees to work at alternate work locations for all or part of the workweek in order to promote general work efficiencies. History Note: Authority G.S. 126-…