North Carolina Administrative Code

25 NCAC 01D .1121 PAYMENT DATES History Note: Authority G.S. 126-4; 126-7; Eff. July 1, 1980; Amended Eff. January 1, 1982; Repealed Eff. August 1, 1985.

25 NCAC 01D .1205 AGENCY RESPONSIBILITY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2012.

25 NCAC 01D .1206 EFFECT OF LONGEVITY PAY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .1503 ADMINISTRATIVE OR EXECUTIVE EMPLOYEES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. August 1, 2004.

25 NCAC 01D .1504 COMPENSATORY TIME AND CASH PAYMENT: INCLUDING OVERTIME History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. August 1, 2004; November 1, 1988; August 1, 1984; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 ncac 01d .1924 STATE EMPLOYEES SUBJECT TO THE FAIR LABOR STANDARDS ACT History Note: Authority G.S. 126-4; Eff. January 1, 1989; Amended Eff. April 1, 2005; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .1925 OVERTIME COMPENSATION (a) Employees shall be paid a premium rate of time and one-half in the form of monetary compensation or time off for hours worked in excess of 40 within a work week, with exception of employees exempt from the Fair Labor Standards Act. (b) …

25 NCAC 01D .1928 COMPENSATION – NON-EXEMPT (a) The State of North Carolina shall, whenever possible, give compensatory time off, in lieu of monetary compensation for hours worked in excess of 40 hours per work week. The decision as to whether to give compensatory time off, rathe…

25 NCAC 01D .1929 HOURLY RATE OF PAY (a) An employee's hourly rate of pay is obtained by dividing the annual salary by 2080 hours (52 weeks multiplied by 40 hours per week). (b) The rate that must be used in computing overtime is referred to as the regular hourly rate. The regula…

25 NCAC 01D .1930 NON-OVERTIME WORKWEEKS History Note: Authority G.S. 126-4; Eff. February 1, 1989; Repealed Eff. March 1, 2005.

25 NCAC 01D .1931 THE WORKWEEK History Note: Authority G.S. 126-4; Eff. January 1, 1989; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .1932 HOURS WORKED History Note: Authority G.S. 126-4; Eff. February 1, 1989; Repealed Eff. March 1, 2005.

25 NCAC 01D .1935 VACATION: SICK LEAVE AND HOLIDAYS History Note: Authority G.S. 126-4; Eff. February 1, 1989; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .1936 MEAL PERIOD History Note: Authority G.S. 126-4; Eff. January 1, 1989; Repealed Eff. March 1, 2005.

25 NCAC 01D .1937 GRIEVANCE TIME The time an employee spends during a regular work schedule in adjusting a grievance under the state procedure on Employee Appeals and Grievances is work time. Such time spent outside the employee's regular work schedule is work time only if the em…

25 NCAC 01D .1938 TRAINING TIME History Note: Authority G.S. 126-4; Eff. January 1, 1989; Repealed Eff. March 1, 2005.

25 NCAC 01D .1945 SPECIAL PROVISIONS History Note: Authority G.S. 126-4; Eff. February 1, 1989; Amended Eff. March 1, 2005; August 1, 2004; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .1951 OVERTIME COMPENSATION PROHIBITED: EXEMPT EMPLOYEES History Note: Authority G.S. 126-4(5), (10); Eff. September 1, 1989; Amended Eff. August 1, 2004; Repealed Eff. March 1, 2005.

SECTION .2000 - UNEMPLOYMENT INSURANCE 25 NCAC 01D .2001 COVERAGE History Note: Authority G.S. 96-8(6)j; 96-8(6)i; Eff. January 1, 1989; Repealed Eff. August 8, 1995.

25 NCAC 01D .2002 POLICY History Note: Authority G.S. 96-8(6)j.; 96-8(6)i.; Eff. January 1, 1989; Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01D .2003 ADMINISTRATION (a) The Office of State Human Resources shall design, effect, and maintain a centralized unemployment insurance cost management program, which shall have as its goal effective claims administration and the control of benefit costs. This goal shall…

25 NCAC 01D .2004 AGENCY RESPONSIBILITIES Each agency and institution shall designate an employee, preferably with working knowledge of the unemployment insurance function, to coordinate the flow of necessary information between the agency, the Office of State Human Resources and…

SECTION .2200 - PAYMENT OF SALARY 25 NCAC 01D .2201 PAYMENT OF SALARY TO EMPLOYEES History Note: Authority G.S. 126-4(10); Eff. November 1, 1989; Recodified to 25 NCAC 01D .0113(a) Eff. December 29, 2003.

25 NCAC 01D .2202 PAYMENT TO SEPARATED EMPLOYEES History Note: Authority G.S. 126-4(10); Eff. November 1, 1989; Recodified to 25 NCAC 01D .011(b)-(g)3 Eff. December 29, 2003.

25 NCAC 01D .2203 POSTING OF NOTICE History Note: Authority G.S. 126-4(10); Eff. November 1, 1989; Recodified to 25 NCAC 01D .0113(h) Eff. December 29, 2003.

25 NCAC 01D .2516 ELIGIBILITY FOR SEPTEMBER 1, 1996 LEGISLATIVE SALARY INCREASES History Note: Authority G.S. 126-4; S.L. 1995, c. 507, s. 7.14; Temporary Adoption Eff. September 1, 1996; Temporary Adoption Expired June 28, 1997.

25 NCAC 01D .2517 ELIGIBILITY FOR JULY 1, 1997 LEGISLATIVE SALARY INCREASES History Note: Authority G.S. 126-4; S.L. 1997-443; Temporary Adoption Eff. October 2, 1997; Temporary Adoption Expired July 31, 1998.

SECTION .2700 - SEVERANCE SALARY CONTINUATION 25 NCAC 01D .2701 SEVERANCE SALARY CONTINUATION POLICY In accordance with G.S. 126-8.5, severance salary continuation shall be paid to eligible employees as defined in 25 NCAC 01D .2702 in accordance with the rules in this Section. Se…

25 NCAC 01D .2702 SEVERANCE SALARY CONTINUATION ELIGIBILITY (a) The following type of employee who has been reduced in force and who does not obtain employment in another position in State government or any other position that is funded in whole or in part by the State by the eff…

25 NCAC 01D .2703 Effects of reemployment on Severance Pay (a) An employee who is reemployed in any position with the State, or any other position that is funded in whole or in part by the State, while receiving severance salary continuation, shall not be eligible for severance s…

25 NCAC 01D .2704 Amount and method of payments for severance (a) In accordance with G.S. 126-8.5, severance salary continuation shall be based on total State service as defined in Rule .0112 of this Subchapter and supplemented by an age adjustment factor as follows: (1) Amount o…

SUBCHAPTER 01E - EMPLOYEE BENEFITS SECTION .0100 - LEAVE: GENERAL PROVISIONS 25 NCAC 01E .0101 POLICY Administration of the leave program within the scope of established policy shall be the responsibility of the agency head. Paid leave for absences during scheduled working hours …

25 NCAC 01E .0102 TYPES OF LEAVE History Note: Authority G.S. 126-4; 126-8; Eff. February 1, 1976; Amended Eff. October 1, 2004, January 1, 1983; Repealed Eff. July 1, 2012.

25 NCAC 01E .0103 LEAVE OFFSETTING If employees work time outside their normal schedule in an overtime period, as defined in 25 NCAC 01D .1900, in which they also have taken time off, the time outside their normal schedule offsets the time that the employee intended to cover with…

SECTION .0200 - VACATION LEAVE 25 NCAC 01E .0201 PURPOSE AND USES History Note: Authority G.S. 126-4; 126-8; Eff. February 1, 1976; Amended Eff. December 1, 1988; January 1, 1983; Repealed Eff. October 1, 2004.

25 NCAC 01E .0202 SCHEDULING LEAVE History Note: Authority G.S. 126-4; 126-8; Eff. February 1, 1976; Amended Eff. January 1, 1983; Repealed Eff. October 1, 2004.

25 NCAc 01E .0203 VACATION LEAVE CREDITS (a) Vacation leave credits shall be provided to employees subject to the State Human Resources Act who are full-time or part-time (half-time or over) and have a permanent, trainee, time-limited or probationary appointment and who are in pa…

25 NCAC 01E .0204 TOTAL STATE SERVICE DEFINED (a) Total state service is the time of full-time or part-time (half-time or over) employment of an employee with a permanent, trainee, probationary, or time-limited appointment, whether subject to or exempt from the State Human Resour…

25 NCAC 01E .0205 MAXIMUM ACCUMULATION Vacation leave may be accumulated without any applicable maximum until December 31 of each calendar year. However, if the employee separates from service, payment for accumulated leave shall not exceed 240 hours. On December 31 any employee …

25 NCAC 01E .0206 ADVANCEMENT Vacation leave shall be taken only upon authorization of the agency head or designee. An employee may be advanced the amount of leave needed on an individual basis and which can be credited during the remainder of the calendar year. History Note: Aut…

25 NCAC 01E .0207 LEAVE CHARGES Vacation leave shall be charged in units of time determined by the agency to be appropriate and consistent with the responsibility of managing absences in keeping with operational needs. Time lost for late reporting may be charged to the appropriat…

25 NCAC 01E .0208 LEAVE TRANSFERABLE (a) Unused leave shall be transferred when an employee transfers between state agencies. (b) Unused leave may be transferred to or from a public school, community college, technical institute, or a local Mental Health, Public Health, Social Se…

25 NCAC 01E .0209 OPTIONS DURING LEAVE WITHOUT PAY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1993; January 1, 1983; Repealed Eff. October 1, 2004.

25 NCAC 01E .0210 SEPARATION: PAYMENT OF VACATION LEAVE (a) The agency shall pay an employee in a lump sum for vacation leave only at the time of separation. (b) When separated from State service due to resignation, dismissal, or death, an employee shall be paid in a lump sum for…

25 NCAC 01E .0211 LEAVE RECORDS (a) Each agency shall maintain leave records for each employee and balance them at least once by the end of each calendar year. (b) Agencies shall retain leave records for all separated employees for a period of at least five years from the date of…

25 NCAC 01E .0212 SPECIAL LEAVE An employee may be granted up to twenty-four hours of leave as part of an award given under the department or university program which supports the State Employee's Award for Excellence program (reference 25 NCAC 01C .0212). History Note: Authority…

25 NCAC 01E .0213 LEAVE RECORDS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1978; Repealed Eff. January 1, 1983.

25 NCAC 01E .0214 LEAVE WITHOUT PAY History Note: Authority G.S. 126-4; Eff. March 1, 1978; Amended Eff. February 1, 1981; March 1, 1980; April 1, 1978; Repealed Eff. January 1, 1983.

25 NCAC 01E .0215 SPECIAL LEAVE History Note: Authority G.S. 126-4; Eff. May 1, 1978; Amended Eff. October 1, 1982; Repealed Eff. January 1, 1983.

25 NCAC 01E .0216 ACCOUNTING FOR CREDITABLE SERVICE The employing agency shall be responsible for informing each employee of the types of prior service which are eligible to be counted as total state service. If the employee fails to produce evidence of prior service at the time …