North Carolina Administrative Code

SECTION .1000 - MISCELLANEOUS LEAVE 25 NCAC 01E .1001 JURY DUTY (a) A full-time or part-time employee with a permanent, probationary, trainee or time-limited permanent appointment who serves on a jury shall be given civil leave with pay plus fees received for jury duty. (b) When …

25 NCAC 01E .1002 COURT ATTENDANCE OR JOB RELATED PROCEEDING (a) When an employee as defined in Rule .1001(a) of this Section is subpoenaed or directed by proper authority to appear as a witness, civil leave with pay shall be granted. Any fees received shall be turned in to the a…

25 NCAC 01e .1003 EMPLOYEE PARTICIPATION IN VOLUNTEER EMERGENCY SERVICES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. March 1, 1990; Repealed Eff. April 1, 2001.

25 NCAC 01E .1004 LEAVE: EMPLOYEE TRANSFER (a) When the transfer of an employee is made to a new duty station 35 miles or more away from the existing residence, the employee becomes eligible for consideration for reimbursement of moving expenses if there is a change in the place …

25 ncac 01e .1005 ADVERSE WEATHER and emergency closings (a) The Office of State Human Resources shall establish guidelines for accounting for time or releasing employees from work when: (1) adverse weather or other conditions of a serious nature prohibit some employees from repo…

25 NCAC 01E .1006 COMPENSATORY TIME Under the state's overtime compensation policy certain employees are designated as administrative, executive, or professional. Employees in these categories are exempt from the provision for overtime pay. To grant these employees compensatory t…

25 NCAC 01E .1007 LEAVE WITH PAY FOR TIME TO LOCATE NEW RESIDENCE History Note: Authority G.S. 126-4; Eff. January 1, 1990; Repealed Eff. November 1, 2004.

25 NCAC 01E .1008 LEAVE WITH PAY WHEN MOVING TO NEW RESIDENCE History Note: Authority G.S. 126-4; Eff. January 1, 1990; Repealed Eff. November 1, 2004.

25 ncac 01e .1009 other management approved leave (a) Other Management Approved Leave provides paid time off for miscellaneous reasons as set forth in these Rules. These Rules apply to full-time and part-time (half-time or more) employees who have a permanent, probationary, time-…

25 NCAC 01E .1010 NON-DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE (a) An appointing authority shall grant leave with pay to an employee for any of the following purposes: (1) to prepare for participation in his or her internal agency grievance or mediation procedure in…

25 NCAC 01E .1011 DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE (a) An appointing authority may grant leave with pay to an employee for any of the following purposes: (1) to participate in volunteer emergency and rescue services in accordance with 25 NCAC 01E .1607(a) an…

SECTION .1100 - OTHER TYPES OF LEAVE WITHOUT PAY 25 NCAC 01E .1101 POLICY Leave without pay may be granted to a full-time or part-time permanent, trainee or probationary employee for illness, educational purposes, vacation, or for any other reasons deemed justified by the agency …

25 NCAC 01E .1102 MAXIMUM AMOUNT Leave without pay shall not exceed 12 months unless a longer time is specifically provided under the rules in this Section. Any extension of leave without pay longer than 12 months shall be the responsibility of the agency head contingent upon pro…

25 NCAC 01E .1103 EMPLOYEE RESPONSIBILITY The employee shall apply in writing to his supervisor for leave without pay. The employee is obligated to return to duty within or at the end of the time granted. If the employee will not return to work, the agency should be notified imme…

25 NCAC 01E .1104 AGENCY RESPONSIBILITY Reinstatement to the same position or one of like seniority, status and pay shall be made upon the employee's return to work unless other arrangements are agreed to in writing. If it is necessary to fill a position which is vacant by leave …

25 NCAC 01E .1105 RETENTION OF BENEFITS An employee on leave without pay shall retain all accumulated unused vacation leave, sick leave, and retirement status. Eligibility to accumulate leave ceases on the date leave without pay begins. History Note: Authority G.S. 126-4; Eff. Fe…

25 NCAC 01E .1106 PAYMENT OF ANNUAL LEAVE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. March 1, 1978.

25 NCAC 01E .1107 SALARY INCREASE ANNIVERSARY DATE History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. June 1, 1982; July 1, 1980; March 1, 1980; August 1, 1978; Repealed Eff. October 1, 2004.

25 NCAC 01E .1108 RETIREMENT STATUS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. June 1, 1982; December 1, 1978; Repealed Eff. October 1, 2004.

25 NCAC 01E .1109 REINSTATEMENT FROM LEAVE WITHOUT PAY History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. December 1, 1978; Repealed Eff. June 1, 1982.

25 NCAC 01E .1110 SPECIAL PROV/PARENTAL LEAVE/EMPL NOT ELIGIBLE/FAMILY/MEDICAL LEAVE (a) The biological parents of a newborn infant and the parents of a newly-adopted child may request leave without pay under provisions of this Subchapter. Accumulated sick leave may be used: (1) …

25 NCAC 01E .1111 EXTENDED LEAVE WITHOUT PAY Extended leave without pay is defined as leave in excess of one-half the workdays in the pay period. Extended leave without pay shall be administered in accordance with the provisions outlined in 25 NCAC 01E .1102 through .1110. Histor…

25 NCAC 01E .1112 SHORT LEAVE WITHOUT PAY History Note: Authority G. S. 126-4; Eff. November 1, 1990; Amended Eff. October 1, 2004; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .1300 - VOLUNTARY SHARED LEAVE PROGRAM 25 NCAC 01E .1301 PURPOSE History Note: Authority G.S. 126-4; Eff. May 1, 1990; Amended Eff. September 1, 1992; Repealed Eff. October 1, 2004.

25 NCAC 01E .1302 POLICY (a) In cases of a prolonged medical condition an employee may apply for or be nominated to become a recipient of leave transferred from the vacation leave account of another employee, from the sick leave or vacation account of an immediate family member a…

25 nCAC 01E .1303 ADMINISTRATION (a) All departments and universities shall develop policies and procedures to implement this program. If an agency's policy includes employees exempt from the State Human Resources Act who are in leave earning and reporting positions, leave may be…

25 nCAC 01E .1304 QUALIFYING TO PARTICIPATE IN VOLUNTARY SHARED LEAVE PROGRAM In order to participate in the Voluntary Shared Leave Program, an employee shall meet the following conditions: (1) A donor or recipient shall have a half-time or more permanent, probationary, trainee o…

25 ncac 01E .1305 DONOR GUIDELINES (a) An employee of any State agency, public school system or community college may donate vacation leave, bonus leave or sick leave to an immediate family member in any State agency, public school or community college. An employee may donate vac…

25 NCAC 01E .1306 LEAVE ACCOUNTING PROCEDURES The following conditions shall control the accounting and usage procedures for leave donations in the Voluntary Shared Leave program: (1) The agency may establish a specific time period during which leave can be donated. (2) All leave…

25 NCAC 01E .1307 DURATION OF PROGRAM History Note: Authority G.S. 126-4; Eff. May 1, 1990; Repealed Eff. August 3, 1992.

SECTION .1400 - FAMILY AND MEDICAL LEAVE 25 NCAC 01E .1401 PURPOSE AND SCOPE The State of North Carolina shall follow the Family and Medical Leave Act of 1993, with the provision that the method used to determine the 12-month period shall be the 12-month period measured forward f…

25 ncac 01e .1402 ELIGIBLE EMPLOYEES (a) Permanent, Probationary, Trainee, and Time-Limited - An employee who has been employed with State government for at least 12 months and who has been in pay status at least 1040 hours (half-time) during the previous 12 month period shall be…

25 NCAC 01E .1403 DEFINITIONS History Note: Authority G.S. 126-4(5); P.L. 103-3; Eff. August 2, 1993; Amended Eff. October 1, 1995; December 1, 1993; Repealed Eff. October 1, 2004.

25 NCAC 01E .1404 LEAVE CHARGES (a) Periods of paid leave and periods of leave without pay (including leave without pay while drawing short-term disability benefits) count towards the 12 workweeks to which the employee is entitled. This includes leave taken under the Voluntary Sh…

25 NCAC 01E .1405 INTERMITTENT LEAVE OR REDUCED WORK SCHEDULE History Note: Authority G.S. 126-4(5); P.L. 103-3; Eff. August 2, 1993; Amended Eff. October 1, 1995; December 1, 1993; Repealed Eff. October 1, 2004.

25 NCAC 01E .1406 AGENCY RESPONSIBILITY Designation of Leave as Family and Medical Leave. The agency shall: (1) determine that leave requested is for a family and medical leave qualifying reason, and (2) designate leave, whether paid or unpaid, as family and medical leave even wh…

25 NCAC 01E .1407 EMPLOYEE RESPONSIBILITY (a) The employee shall give notice to the supervisor for leave requested. (b) If the employee is not going to return to work, the agency shall be notified in writing by the employee or someone acting on behalf of the employee. The agency …

25 NCAC 01E .1408 CERTIFICATION History Note: Authority G.S. 126-4(5); P.L. 103-3; Eff. August 2, 1993; Amended Eff. October 1, 1995; December 1, 1993; Repealed Eff. October 1, 2004.

25 NCAC 01E .1409 EMPLOYMENT AND BENEFITS PROTECTION History Note: Authority G.S. 126-4(5); P.L. 103-3; Eff. August 2, 1993; Amended Eff. October 1, 1995; Repealed Eff. October 1, 2004.

25 ncac 01e .1410 INTERFERENCE WITH RIGHTS History Note: Authority G.S. 126-4(5); P.L. 103-3 Eff. October 1, 1995; Amended Eff. August 1, 2004; Repealed Eff. October 1, 2004.

25 NCAC 01E .1411 RECORDKEEPING REQUIREMENTS History Note: Authority G.S. 126-4(5); P.L. 103-3; Eff. October 1, 1995; Repealed Eff. October 1, 2004.

25 ncac 01e .1412 FAMILY ILLNESS LEAVE In addition to the 12 weeks of leave per year provided by the Family and Medical Leave Act as outlined in 25 NCAC 01E .1401-.1411, an employee shall be entitled to up to 52 weeks of leave without pay during a five-year period in order to car…

SECTION .1600 – volunteer service and child involvement leave 25 NCAC 01E .1601 PURPOSE (a) A supervisor may approve Volunteer Service and Child Involvement Leave for employees as follows: (1) for parents for involvement with their child in a "school" as defined in in Rule .1602 …

25 NCAC 01E .1602 DEFINITIONS When used in this Section, these terms have the following meaning: (1) "Child" means dependent son or daughter who is a biological child, an adopted child, a foster child, a step-child, a legal ward, or a child of an employee standing in loco parenti…

25 ncac 01e .1603 COVERED EMPLOYEES AND LEAVE CREDITS (a) A full-time employee with a permanent, probationary, trainee or time-limited appointment may be granted 24 hours of community service leave each calendar year, or in lieu of the 24 hours award, with the approval of the sup…

25 NCAC 01E .1604 USES OF VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE Volunteer Service and Child Involvement Leave may be used for: (1) meeting with a teacher or administrator concerning the employee's child; (2) attending any function sponsored by the school in which the empl…

25 NCAC 01E .1605 LEAVE ADMINISTRATION Each agency shall administer the Volunteer Service and Child Involvement Leave program as follows: (1) Employees shall receive approval from their supervisor to use Volunteer Service and Child Involvement Leave. The agency may require that t…

25 NCAC 01E .1606 ADDITIONAL TIME FOR COMMUNITY SERVICE ACTIVITIES History Note: Authority G.S. 126-4; Eff. July 18, 2002; Repealed Eff. April 1, 2015.

25 NCAC 01E .1607 SPECIAL LEAVE PROVISIONS (a) Agency heads may establish a policy providing time off with pay to employees participating in volunteer emergency and rescue services. Each agency head shall determine that a bona fide need for such services exists within a given are…

SECTION .1700 - LEAVE: ADMINISTRATIVE 25 ncac 01e .1701 SMALLPOX VACCINATION History Note: Authority G.S. 126-4; 126-8.4; Temporary Adoption Eff. June 26, 2003; Eff: January 1, 2004; Repealed Eff. May 1, 2010.