North Carolina Administrative Code

25 NCAC 01C .0802 COVERED EMPLOYEES Teleworking is available as a work option in every agency for full time and part time classified, temporary and time-limited employees. The decision whether to allow a position or an employee to telework is within management discretion and is n…

25 NCAC 01C .0811 DESIGNATION OF TERMS OF TELEWORKING ARRANGEMENTS History Note: Authority G.S. 126-4; S.L. 1999-328; Temporary Adoption Eff. January 19, 2000; Temporary Adoption Expired on November 11, 2000; Eff. July 18, 2002; Pursuant to G.S. 150B-21.3A, rule expired on Novemb…

25 NCAC 01C .0812 DESIGNATION OF TERMS OF TELEWORKING ARRANGEMENTS History Note: Authority G.S. 126-4; S.L. 1999-328; Temporary Adoption Eff. January 19, 2000; Temporary Adoption Expired on November 11, 2000.

25 NCAC 01C .0813 TERMINATION OF TELEWORKING ARRANGeMENT The agency may terminate the teleworking agreement at its discretion. Termination of a teleworking arrangement by management is not grievable to the State Human Resources Commission under personnel policies. All other griev…

SECTION .0900 - EMPLOYEE RECOGNITION PROGRAMS 25 NCAC 01C .0901 STATE Human Resources RESPONSIBILITY The Office of State Human Resources shall establish Employee Recognition Programs. Agencies shall establish and maintain employee recognition programs that, at a minimum, recogniz…

SECTION .1000 - SEPARATION 25 NCAC 01C .1001 DEFINED Separation from state service occurs when an employee leaves the payroll for reasons listed in this Section or upon death. Policies stated in this Section, except for leave provisions, do not apply to employees in positions des…

25 NCAC 01C .1002 RESIGNATION An employee may terminate his services with the state by submitting a resignation to the appointing authority. Employees shall be paid in a lump sum for accumulated vacation leave. History Note: Authority G.S. 126-4; Eff. February 1, 1976; Recodified…

25 NCAC 01C .1003 RETIREMENT An employee may retire when he is eligible and applies for immediate retirement benefits from the Teachers' and State Employees' Retirement System or the Law Enforcement Officers' Benefit and Retirement Fund. Employees are paid in a lump sum for accum…

25 NCAC 01C .1004 REDUCTION IN FORCE (a) A State government agency may separate an employee whenever it is necessary due to shortage of funds or work, abolishment of a position, or other material change in duties or organization. Retention of employees in classes affected shall b…

25 NCAC 01C .1005 DISMISSAL Dismissal is involuntary separation for cause and should be made in accordance with the provisions of the policy on disciplinary action, suspension and dismissal (see 25 NCAC 01J, Section .0600, DISCIPLINARY ACTION: SUSPENSION AND DISMISSAL). Employees…

25 NCAC 01C .1006 VOLUNTARY RESIGNATION WITHOUT NOTICE An employee who is absent from work and does not contact the employer for three consecutive scheduled workdays may be separated from employment as a voluntary resignation. The separation creates no right of grievance or appea…

25 NCAC 01C .1007 SEPARATION (a) An employee may be separated when: (1) the employee is unavailable for work, meaning that all applicable leave credits and leave benefits have been exhausted and agency management does not grant leave without pay, as defined in 25 NCAC 01E .1101, …

25 NCAC 01C .1008 APPOINTMENT ENDED An "Appointment Ended" separation occurs when an employee who is exempt pursuant to G.S. 126-5 is separated for reasons other than cause. These separations may occur whenever the Agency Head or the Governor determines that the services of the e…

25 NCAC 01C .1009 SEPARATION: PAYMENT OF VACATION LEAVE Payment for vacation leave shall be in accordance with 25 NCAC 01E .0210. History Note: Authority G.S. 28A-25-6; 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1989, December 1, 1988, January 1, 1983; Temporary Amendmen…

SUBCHAPTER 01D - COMPENSATION SECTION .0100 - ADMINISTRATION OF THE PAY PLAN 25 NCAC 01D .0101 COMPENSATION PLAN The State Human Resources Commission shall maintain a compensation plan by providing a salary rate structure or structures adequate to appropriately compensate all pos…

25 NCAC 01D .0102 SALARY STRUCTURES (a) The salary structures in the compensation plan maintained pursuant to Rule .0101 of this Section shall include all positions subject to the State Human Resources Act. Each such position shall be assigned to a pay grade with an associated sa…

25 NCAC 01D .0103 STATE SALARY SCHEDULE History Note: Authority G.S. 126-4(2); 150B-14(c); Eff. September 1, 1976; Amended Eff. January 1, 1990; October 1, 1984; June 1, 1984; September 1, 1983; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .0104 APPENDICES TO STATE SALARY SCHEDULE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1983; October 1, 1983; September 1, 1983; August 1, 1983; Repealed Eff. December 1, 1984.

25 NCAC 01D .0105 PAY STATUS (a) An employee shall be deemed to be in pay status when working, when on paid leave, when exhausting vacation or sick leave, or when on workers' compensation leave. Lump sum payment of vacation leave upon separation shall not constitute paid leave st…

25 NCAC 01D .0106 TOTAL COMPENSATION AND TOTAL EMPLOYMENT An employee being paid for full-time employment shall not receive additional compensation for additional work performed for the state except as provided under the dual employment policy and under the overtime policies. Und…

25 NCAC 01D .0107 CROSS HIRING History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. July 1, 2012.

25 NCAC 01D .0108 AVAILABILITY OF FUNDS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. January 1, 1990.

25 NCAC 01D .0109 COMPENSATION FOR POSITIONS EXEMPT EXCEPT AS TO SALARY History Note: Authority G.S. 126-4; 126-5(b)(3); Eff. July 1, 1977; Repealed Eff. October 1, 1977.

25 NCAC 01D .0110 POLICY History Note: Authority G.S. 126-4; Eff. February 1, 1985; Repealed Eff. March 1, 1988.

25 NCAC 01D .0111 TECHNICAL ADJUSTMENTS TO THE PAY PLAN (a) Technical adjustments to the pay plan are refinements to the pay system approved by the State Human Resources Commission that include, but are not limited to, such actions as establishing special pay plans, renumbering s…

25 NCAC 01D .0112 TOTAL STATE SERVICE DEFINED (a) Total state service shall mean the time of full-time or part-time (half-time or over) employment of an employee with a permanent, probationary, or time-limited appointment, whether subject to or exempt from the State Human Resourc…

25 NCAC 01D .0113 PAYMENT OF SALARY TO EMPLOYEES (a) Every state agency shall pay every employee all wages earned and accruing to that employee on the regular payday for that agency. If the date of separation precludes payment on the regularly scheduled payday, then payment shall…

25 NCAC 01D .0114 BREAK IN SERVICE A break in service shall be deemed to occur when an employee is not in pay status, as defined in 25 NCAC 01D .0105, for more than 31 calendar days. Periods of leave without pay, as defined in 25 NCAC 01E .1100, shall not constitute a break in se…

25 NCAC 01D .0115 SUPPLEMENTAL SALARY (a) Supplemental salary is any compensation from an affiliated public charity, foundation or other private source paid to a state employee for services that are part of the employee's regular job and is in addition to the employee's base sala…

25 NCAC 01D .0116 SIGN-ON BONUS History Note: Authority G.S. 126-4; S.L. 2008-107, s. 26.12B.(a); Eff. March 1, 2009; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0200 - EMPLOYEE SUGGESTION SYSTEM 25 NCAC 01D .0201 INITIAL EMPLOYMENT (a) A new hire is the initial employment of an individual to a position in State government. A new hire shall possess the minimum qualifications for the position, or their equivalent, as set forth in …

25 NCAC 01D .0205 EFFECTIVE DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Filed as a Temporary Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire June 29, 1989; Amended Eff. August 1, 1995; March 1, 1994; March 1, 1989; Expired Eff. January 1, 201…

25 NCAC 01D .0206 PERFORMANCE INCREASE ANNIVERSARY DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. August 1, 1982; July 1, 1980; August 1, 1978; Repealed Eff. March 1, 1989.

SECTION .0300 - PROMOTION 25 NCAC 01D .0301 PROMOTION (a) Promotion is an advancement from one position to another with a higher pay grade as described in 25 NCAC 01D .0102, within the same pay plan, or an advancement from one position to another with a higher market rate in a di…

25 NCAC 01D .0302 SALARY RATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. July 1, 1989; January 1, 1989; December 1, 1984; April 1, 1984; Repealed Eff. January 1, 1990.

25 NCAC 01D .0303 EFFECTIVE DATE OF PROMOTIONS for Graded Positions History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. July 1, 2012; March 1, 1992; July 1, 1990; January 1, 1990; December 1, 1983; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .0304 PERFORMANCE INCREASE ANNIVERSARY DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1983; December 1, 1980; July 1, 1980; December 1, 1978; Repealed Eff. January 1, 1990.

25 NCAC 01D .0305 QUALIFICATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1985; December 1, 1983; January 1, 1979; October 1, 1977; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .0308 SALARY INCREASES FOR PROMOTIONS FOR GRADED POSITIONS History Note: Authority G.S. 126-4; Eff. January 1, 1990; Amended Eff. July 1, 2012; March 1, 1992; September 1, 1991; July 1, 1990; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0400 - DEMOTION OR REASSIGNMENT 25 NCAC 01D .0401 DEMOTION AND REASSIGNMENT (a) Demotion shall mean an assignment to a position with a lower pay grade or a salary reduction in an employee's current position, caused by unsatisfactory performance or a disciplinary action i…

25 NCAC 01D .0402 SALARY RATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1978; April 1, 1978; August 1, 1977; Repealed Eff. January 1, 1990.

25 NCAC 01D .0403 EFFECTIVE DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1994; Repealed Eff. July 1, 2012.

25 NCAC 01D .0404 PERFORMANCE INCREASE ANNIVERSARY DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. July 1, 1980; December 1, 1978; Repealed Eff. January 1, 1990.

25 NCAC 01D .0405 QUALIFICATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1994; December 1, 1985; December 1, 1978; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .0406 SALARY RATE History Note: Authority G.S. 126-4; Eff. January 1, 1990; Amended Eff. December 1, 1995; July 1, 1990; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0500 - SEPARATION 25 NCAC 01D .0501 DEFINED History Note: Authority G.S. 126-4; 126-5(c); Eff. February 1, 1976; Amended Eff. May 1, 1989; October 1, 1977; Recodified to 25 NCAC 01C .1001 Eff. December 29, 2003.

25 NCAC 01D .0502 RESIGNATION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. November 1, 1988; February 1, 1983; Recodified to 25 NCAC 01C .1002 Eff. December 29, 2003.

25 NCAC 01D .0503 RETIREMENT History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. November 1, 1988; February 1, 1983; Recodified to 25 NCAC 01C .1003 Eff. December 29, 2003.

25 NCAC 01D .0504 REDUCTION IN FORCE History Note: Authority G.S. 126-4(2); Eff. February 1, 1976; Amended Eff. May 1, 1980; January 1, 1980; Emergency Amendment (a) Eff. March 16, 1981 for a Period of 77 Days to Expire on June 1, 1981; Emergency Amendment (a) Made Permanent with…

25 NCAC 01D .0505 DISMISSAL History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. January 1, 1989; Recodified to 25 NCAC 01C .1005 Eff. December 29, 2003.