North Carolina Administrative Code

SECTION .0300 - SICK LEAVE 25 NCAC 01E .0301 SICK LEAVE CREDITS Sick leave credits shall be provided for a full-time or prorated for a part-time (half-time or over) employee with a permanent, trainee, probationary or time-limited appointment who is in pay status for one-half of t…

25 NCAC 01E .0302 ACCUMULATION Sick leave is cumulative indefinitely. History Note: Authority G.S. 126-4; 126-8; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.

25 NCAC 01E .0303 ADVANCEMENT The appointing authority may advance sick leave not to exceed the amount an employee can accumulate during the current calendar year. History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. January 1, 1983; Pursuant to G.S. 150B-21.3A…

25 NCAC 01E .0304 VERIFICATION To avoid the abuse of sick leave privileges, the appointing authority may require: (1) a statement from a medical doctor or other evidence satisfactory to the agency that the employee was unable to work due to personal illness, family illness, or de…

25 NCAC 01E .0305 USE OF SICK LEAVE Sick leave may be used for: (1) illness or injury which prevents an employee from performing usual duties; (2) the actual period of temporary disability connected with childbearing or recovery therefrom as defined in this Rule: (a) the biologic…

25 NCAC 01E .0308 LEAVE CHARGES Sick leave shall be charged in units of time appropriate and consistent with the responsibility of managing absences in keeping with operational needs. Only scheduled work time shall be charged in calculating the amount of leave taken. History Note…

25 NCAC 01E .0309 SICK LEAVE TRANSFERABLE Unused sick leave shall be transferred when an employee transfers between state agencies. Sick leave may also be transferred to or from county agencies of mental health, public health, social services or emergency management, and a public…

25 NCAC 01E .0310 EFFECT OF SICK LEAVE ON INCREMENTS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. January 1, 1983.

25 NCAC 01E .0311 SEPARATION Unused sick leave is not paid when an employee separates from State service except as provided in Rule .0210 of this Subchapter. History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 2007; July 1, 1995; January 1, 1983; P…

25 NCAC 01E .0312 REINSTATEMENT OF SICK LEAVE (a) Sick leave shall be reinstated when an employee returns from authorized leave without pay or when reinstated within five years from any type of separation. (b) Sick leave may be reinstated when an employee returns to employment su…

25 NCAC 01E .0313 RETIREMENT CREDIT History Note: Authority G.S. 126-4; 126-8; Eff. February 1, 1976; Repealed Eff. October 1, 2004.

25 NCAC 01E .0314 SICK LEAVE WITHOUT PAY An employee shall be granted sick leave without pay in accordance with 25 NCAC 01E .1400, Family and Medical Leave, for a period of 12 workweeks and may be granted leave without pay up to one year after leave has been exhausted. Extension …

25 NCAC 01E .0315 LEAVE RECORDS (a) Each agency shall maintain annual records for sick leave for each employee and balance them at least once each year. (b) Agencies shall retain sick leave records for all separated employees for a period of at least five years from the date of s…

25 NCAC 01E .0316 FUNERAL LEAVE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1980; Repealed Eff. January 1, 1983.

25 NCAC 01E .0317 DEFINITIONS For purposes of this Section, immediate family is defined as: (1) spouse - a husband or wife; (2) parent; (a) a biological or adoptive parent, or (b) an individual who stood in loco parentis (a person who is in the position or place of a parent) to a…

25 NCAC 01E .0505 TRAVEL History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. February 1, 1979; January 1, 1979; Repealed Eff. April 1, 1984.

25 NCAC 01E .0506 TUITION ASSISTANCE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1988; June 1, 1985; April 1, 1984; January 1, 1979; Repealed Eff. January 1, 1990.

25 NCAC 01E .0509 EXCEPTION-COURSES TAKEN AT AGENCY REQUEST History Note: Authority G.S. 126-4; Eff. April 1, 1984; Amended Eff. December 1, 1988; Repealed Eff. January 1, 1990.

25 NCAC 01E .0607 ADOPTION LEAVE History Note: Authority G.S. 126-4; Eff. February 1, 1981; Repealed Eff. June 1, 1982.

SECTION .0700 - WORKER'S COMPENSATION LEAVE 25 NCAC 01E .0701 USE OF LEAVE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 1983; February 1, 1983; March 1, 1980; March 1, 1978; Repealed Eff. March 1, 1988.

25 NCAC 01E .0702 RESPONSIBILITY OF EMPLOYER AND EMPLOYEE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 1983; May 1, 1980; March 1, 1978; Repealed Eff. March 1, 1988.

25 NCAC 01E .0703 CONTINUATION OF BENEFITS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 1983; February 1, 1983; April 1, 1981; February 1, 1981; Repealed Eff. March 1, 1988.

25 NCAC 01E .0704 COVERAGE All North Carolina State Government employees and officers of the State, including elected officials, members of the General Assembly, and persons appointed to serve on a per diem, part-time or fee basis are covered under the State's self-insured worker…

25 NCAC 01E .0705 ADMINISTRATION (a) The Office of State Human Resources shall administer a self-insured workers' compensation program for workers' compensation claims arising in State agencies. (b) The Office of State Human Resources self-insured workers' compensation program fo…

25 ncac 01e .0706 RESPONSIBILITY OF EMPLOYEE AND EMPLOYER History Note: Authority G.S. 97-22; 97-24; 126-4; NCIC Rule 104; ARRC Objection September 24, 1987; Eff. February 1, 1988; Amended Eff. April 1, 2001; December 1, 1993; December 1, 1988; Repealed Eff. October 1, 2004.

25 NCAC 01E .0707 USE OF LEAVE (a) When an employee is injured, the employee shall go on workers' compensation leave and receive the workers' compensation weekly benefit after the required waiting period required by G.S. 97-28. One of the following options may be chosen: (1) Opti…

25 ncac 01e .0708 CONTINUATION OF BENEFITS History Note: Authority G.S. 126-4; Eff. November 1, 1987; Amended Eff. April 1, 2001; December 1, 1993; December 1, 1988; Repealed Eff. October 1, 2004.

SECTION .0800 - MILITARY LEAVE 25 NCAC 01E .0801 POLICY History Note: Authority G.S. 126-4; 127A-116; Eff. February 1, 1976; Amended Eff. June 1, 1983; December 1, 1980; May 1, 1977; Repealed Eff. November 1, 1988.

25 ncac 01e .0802 MILITARY LEAVE Military leave shall be granted to employees of the State for periods of service in the uniformed services in accordance with G.S. 127A-116 and the Uniformed Services Employment and Reemployment Act of 1994. Military leave shall also be given for …

25 ncac 01e .0803 DEFINITIONS History Note: Authority G.S. 127A-116; Eff. February 1, 1976; Amended Eff. November 1, 1990; December 1, 1988; December 1, 1980; May 1, 1977; Repealed Eff. April 1, 2003.

25 ncac 01e .0804 PERIODS OF ENTITLEMENT FOR ALL RESERVE COMPONENTS (a) Military leave with pay for training shall be granted to members of the Uniformed Services who are full-time or part-time employees with a permanent, trainee, time-limited or probationary appointment for up t…

25 NCAC 01E .0805 ADDITIONAL PERIODS OF ENTITLEMENT FOR RESERVE COMPONENTS OF THE UNITED STATES ARMED FORCES Periods of entitlement for military leave with pay for members of the uniformed services reserve components for each period of involuntary service are as follows: (1) Memb…

25 NCAC 01E .0806 PERIODS OF ENTITLEMENT FOR CIVIL AIR PATROL History Note: Authority G.S. 126-4(5); Eff. February 1, 1976; Amended Eff. October 1, 1992; December 1, 1980; May 1, 1977; Recodified to 25 NCAC 01E .0821 Eff. December 29, 2003.

25 ncac 01e .0809 RETENTION AND CONTINUATION OF BENEFITS During the period of reserve active duty, whether receiving full State pay, differential pay, or no pay, no employee shall incur any loss of state service or suffer any adverse service rating. The employee shall continue to…

25 ncac 01e .0812 MILITARY LEAVE WITHOUT PAY: ATTENDANCE AT SERVICE SCHOOLS History Note: Authority G.S. 126-4(5); Eff. February 1, 1976; Amended Eff. October 1, 1992; February 1, 1983; December 1, 1980; December 1, 1978; Repealed Eff. April 1, 2003.

25 NCAC 01E .0813 EXTENDED ANNUAL ACTIVE DUTY History Note: Authority G.S. 126-4; 127A-116; Eff. February 1, 1976; Amended Eff. February 1, 1983; May 1, 1977. Repealed Eff. October 1, 1992.

25 ncac 01e .0817 RETENTION AND CONTINUATION OF BENEFITS (a) The employee may choose to have accumulated vacation leave paid in a lump sum, may exhaust this leave, or may retain part or all of accumulated leave until return to state service. The maximum accumulation of 240 hours …

25 ncac 01e .0818 REINSTATEMENT FROM LEAVE WITHOUT PAY FOR MILITARY SERVICE Reinstatement shall be made in accordance with the Uniformed Services Employment and Reemployment Act of 1994. History Note: Authority G.S. 126-4(5); Eff. February 1, 1976; Amended Eff. April 1, 2003; Oct…

25 ncac 01e .0819 RESERVE ENLISTMENT PROGRAM OF 1963 (REP-63) History Note: Authority G.S. 126-4(5); Eff. May 1, 1977; Amended Eff. October 1, 1992; March 1, 1978; Repealed Eff. April 1, 2003.

25 NCAC 01E .0820 PERIODS OF ENTITLEMENT FOR MEMBERS OF THE STATE DEFENSE MILITIA (a) The State Defense Militia is considered a reserve to the National Guard, but it is not a reserve component of the U.S. Armed Forces. Its members are not subject to obligatory service unless they…

25 NCAC 01E .0821 PERIODS OF ENTITLEMENT FOR CIVIL AIR PATROL (a) While the Civil Air Patrol is not a reserve component, it is an auxiliary to the U.S. Air Force. Its members are not subject to obligatory service. When performing missions or encampments authorized and requested b…

SECTION .0900 – HOLIDAYS 25 NCAC 01E .0901 APPROVED HOLIDAYS In addition to Martin Luther King, Jr.'s Birthday and Veteran's Day, the following shall be designated as holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving and the day after,…

25 NCAC 01E .0902 RELIGIOUS OBSERVANCES (a) An agency shall make efforts to accommodate an employee's request to be away from work for religious holiday observances; however, nothing shall obligate the agency to make accommodation if, in accommodating the request, it would result…

25 NCAC 01E .0903 SCHEDULING HOLIDAYS The schedule is issued on a calendar year basis, and each year a schedule of the holidays for that year will be issued to agency heads by the Office of State Human Resources. History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended …

25 NCAC 01E .0904 TIME ALLOWED OFF Agency heads shall post or issue written notice of the holiday schedule to all employees. Employees are granted eight hours away from work on each of these days except where operational needs require work on a designated holiday. History Note: A…

25 ncac 01e .0905 ALTERNATIVE HOLIDAY SCHEDULES The holiday schedule shall be used by all state agencies operating under the rules of the Office of State Human Resources unless the following applies: (1) Institutions of higher education and agencies requiring a seven-day, 24-hour…

25 NCAC 01E .0906 SHIFTS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. February 1, 1995.

25 NCAC 01E .0907 WEEKENDS Unless a special schedule has been adopted by institutions of higher education and agencies with 24 hour operations, when a designated holiday falls on Saturday, the preceding Friday will be observed and when the holiday falls on Sunday, the following M…

25 NCAC 01E .0908 ELIGIBILITY Full-time and part-time employees working half-time or more with a permanent, probationary, or time-limited appointment, shall receive paid holidays in accordance with the rules of this Section for the paid holidays. Part-time employees working half-…

25 NCAC 01E .0909 FOUR-DAY WORKWEEKS Where a workday greater than eight hours has been established all hours above eight shall be charged to vacation leave to equalize holiday benefits. History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. October 1, 2004; Febru…