North Carolina Administrative Code

25 ncac 01e .1702 OTHER CONTAGIOUS DISEASES History Note: Authority G.S. 126-4; Temporary Adoption Eff. July 1, 2003; Eff. February 1, 2004; Repealed Eff. December 1, 2007.

SECTION .1800 - INCENTIVE LEAVE 25 NCAC 01E .1801 POLICY (a) Incentive leave may be used as a recruitment tool to assist in the employment of candidates employed outside of State government who are interested in accepting employment within North Carolina State government. (b) An …

25 NCAC 01E .1802 DEFINITIONS As used in this Section: (1) "Employed Outside of State Government" means not employed with an organization for which the State currently accepts transferred accrued vacation leave upon hire. (2) "Executive Management Position" means a senior managem…

25 NCAC 01E .1803 RECRUItMENT DOCUMENTATION If recruitment difficulties are the basis for the application of the rules in this Section, the agency shall maintain written documentation related to difficulties in recruiting to fill positions of applicants offered incentive leave. T…

25 NCAC 01E .1804 ELIGIBILITY REQUIREMENTS To be eligible for incentive leave, the employee must be newly appointed and have the following: (1) All qualification and competency requirements of the position; and (2) A full-time or part-time (half-time or more) permanent, probation…

25 NCAC 01E .1805 AMOUNT OF LEAVE An agency may award a one-time accrual up to 20 days (160 hours) of incentive leave to an eligible new employee upon hire. The one-time leave award shall be pro-rated for part-time employees. Management may negotiate the amount of leave to award …

25 NCAC 01E .1806 RELATIONSHIP TO OTHER LEAVE (a) The employee is eligible to earn other accrued leave as allowed by rules adopted by the State Human Resources Commission. (b) Incentive leave shall be maintained and accounted for in a separate account from other accrued leave. (c…

25 NCAC 01E .1807 CARRY-OVER AND PAYMENT OF LEAVE Unused incentive leave carries over from year to year and shall be used only as paid leave. Under no circumstance shall it be: (1) transferred to sick leave, (2) paid out upon separation, (3) credited toward retirement, or (4) don…

25 NCAC 01E .1808 TRANSFER Unused incentive leave may be transferred subject to the receiving agency's approval. If incentive leave is not transferred, it shall not be paid out in a lump sum. History Note Authority G.S. 126-4(5); Eff. February 1, 2011; Pursuant to G.S. 150B-21.3A…

25 NCAC 01E .1809 USE OF LEAVE Incentive leave shall be taken only upon authorization of the agency head or designee. History Note: Authority G.S. 126-4(5); Eff. February 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2…

SECTION .1900 – PAID PARENTAL LEAVE 25 ncac 01e .1901 DEFINITIONS For the purposes of this Section, the following definitions shall apply: (1) "Agency" means any State agency, department, institution, office, board, or commission, including institutions and offices of the Univers…

25 NCAC 01E .1902 relationship to OTHER RULES AND POLICIES (a) This Section states the terms and conditions only for paid parental leave that is provided under G.S. 126-8.6 by an agency, as defined in Rule .1901 of this Section. (b) The paid parental leave provided under this Sec…

25 NCAC 01E .1903 ELIGIBILITY FOR PAID PARENTAL LEAVE (a) This Section applies to all agency employees subject to G.S. 126-8.6, whether or not those employees are exempt from other sections of the State Human Resources Act. (b) Employees may receive paid parental leave under this…

25 NCAC 01E .1904 LEAVE AVAILABLE to full-time employees (a) Full-time employees eligible for paid parental leave under this Section may take, in their discretion, up to the following amounts of leave: (1) For a parent who gives birth to a child, eight total weeks of paid parenta…

25 NCAC 01E .1905 LEAVE available to PART-time employees (a) Part-time employees (regardless whether they work half-time or more) shall receive paid parental leave under this Section if they meet all other requirements for eligibility. (b) Part-time employees eligible for paid pa…

25 NCAC 01E .1906 USE OF OTHER leave The paid parental leave provided under this Section shall not be counted against or deducted from the employee's sick, vacation, bonus, or other accrued leave. For agency employees, the paid parental leave provided under this Section is in add…

25 NCAC 01E .1907 REQUESTING USE OF PAID PARENTAL LEAVE (a) Eligible employees may take paid parental leave in one continuous period or may take intermittent use of paid parental leave. Requests for intermittent use of paid parental leave are subject to the agency's approval as s…

25 NCAC 01E .1908 LEAVE ADMINISTRATION (a) Paid parental leave under this Section may be used only once by an eligible employee within a rolling 12-month period. (b) The birth or other qualifying event of twins, triplets, or other multiple children shall produce only one award of…

25 NCAC 01E .1909 leave ADMINISTRATION for ADOPTIONS OR FOSTER CARE PLACEMENTS (a) When a child is given up for adoption or placed in foster care, from that point forward: (1) The birth parent shall continue to be eligible for the paid parental leave listed in Rule .1904(a)(1)(A)…

25 NCAC 01E .1910 MISCARRIAGE OR STILLBIRTH (a) When a fetus dies before 12 weeks of the pregnancy were complete, it is not a qualifying event for paid parental leave under this Section. (b) When a fetus dies after the 12th completed week of pregnancy, but before childbirth is co…

SUBCHAPTER 01F - POSITION ANALYSIS SECTION .0100 - GENERAL PROVISIONS 25 NCAC 01F .0101 AUTHORITY FOR CLASSIFICATION PLAN History Note: Authority G.S. 126-4(1); Eff. February 1, 1976; Expired Eff. July 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01F .0102 AUTHORITY FOR ESTABLISHING QUALIFICATIONS History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01F .0103 ORGANIZATION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

SECTION .0500 - LOCAL GOVERNMENT POSITION CLASSIFICATION SERVICES 25 NCAC 01F .0501 SERVICES AVAILABLE TO LOCAL GOVERNMENT History Note: Authority G.S. 126-10; Eff. February 1, 1976; Repealed Eff. November 1, 1988.

25 NCAC 01F .0502 CHARGES (a) Service charges for local government position classification services will be based upon the nature and scope of the work requested, and the anticipated salary, travel, lodging, subsistence, printing, and overhead costs necessary to complete the requ…

25 NCAC 01F .0503 MEMORANDUM OF AGREEMENT FOR TECHNICAL ASSISTANCE This memorandum of agreement for technical assistance is an agreement, signed by both the local jurisdiction and the Office of State Human Resources setting out the terms and conditions under which the Office of S…

SUBCHAPTER 1H - RECRUITMENT AND SELECTION SECTION .0100 - GENERAL PROVISIONS 25 NCAC 01H .0101 ORGANIZATION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

25 NCAC 01H .0102 FUNCTION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1985.

25 NCAC 01H .0207 PROMOTION PROVISIONS History Note: Authority G.S. 126-4; Eff. November 1, 1977; Repealed Eff. March 1, 1980.

25 NCAC 01H .0423 EMPLOYEES IN PROVISIONAL STATUS FOR ONE YEAR History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. June 1, 1983.

SECTION .0600 - GENERAL PROVISIONS 25 NCAC 01H .0601 POLICY History Note: Authority G.S. 126-4(4)(10); Eff. December 1, 1985; Repealed Eff. November 1, 1988.

25 NCAC 01H .0602 POSTING AND ANNOUNCEMENT OF VACANCIES History Note: Authority G.S. 96-29; 126-4(4); 126-5(d); 126-7.1; Eff. December 1, 1985; Temporary Amendment Eff. October 1, 1987, for a Period of 180 Days to Expire on March 28, 1988; ARRC Objection January 21, 1988; Curativ…

25 NCAC 01H .0603 SPECIAL RECRUITING PROGRAMS History Note: Authority G.S. 126-4(4); Eff. December 1, 1985; Amended Eff. December 1, 1988; Repealed Eff. August 3, 1992.

25 NCAC 01H .0608 EMPLOYMENT PREFERENCE FOR VETERANS History Note: Authority G.S. 126-4(4); 128-15; Eff. December 1, 1985; Repealed Eff. September 1, 1987.

25 NCAC 01H .0609 FINAL COMMITMENTS History Note: Authority G.S. 126-4(4); Temporary Amendment Eff. January 1, 1988 For a Period of 180 Days to Expire on June 28, 1988; Eff. December 1, 1985; Amended Eff. March 1, 1988; Repealed Eff. February 1, 2007.

25 NCAC 01H .0610 POLICY STATEMENT/VETERANS PREFERENCE/EMPLOYMENT/RETENTION History Note: Authority G.S. 126-4(4); 128-15; Eff. September 1, 1987; Recodified to 25 NCAC 01H .1101 Eff. October 5, 2004.

25 NCAC 01H .0611 PERIODS OF WAR History Note: Authority G.S. 126-4(4); 126-4(10); 128-15; Eff. September 1, 1987; Repealed Eff. February 1, 2007.

25 NCAC 01H .0612 CLAIMING VETERAN'S PREFERENCE History Note: Authority G.S. 126-4(4); 126-4(10); 128-15; Eff. September 1, 1987; Recodified to 25 NCAC 01H .1102 Eff. October 5, 2004.

25 NCAC 01H .0613 ALLEGATION OF DENIAL OF VETERAN'S PREFERENCE History Note: Authority G.S. 126-4(10); 126-4(11); 126-37; 126-38; 150B-2(2); 150B, Article 3; Eff. September 1, 1987; Recodified to 25 NCAC 01H .1103 Eff. October 5, 2004.

25 NCAC 01H .0614 APPLICATION OF THE VETERAN'S PREFERENCE History Note: Authority G.S. 126-4(4); 126-4(10); 128-15; ARRC Objection July 16, 1987; Eff. December 1, 1987; ARRC Objection Removed Eff. March 16, 1989; Recodified to 25 NCAC 01H .1104 Eff. October 5, 2004.

25 NCAC 01H .0615 ELIGIBILITY History Note: Authority G.S. 126-4(10); 128-15; ARRC Objection July 16, 1987; Eff. December 1, 1987; ARRC Objection Removed Eff. March 16, 1989; Recodified to 25 NCAC 01H .1105 Eff. October 5, 2004.

25 NCAC 01H .0625 PROMOTIONAL PRIORITY CONSIDERATION FOR CURRENT EMPLOYEES History Note: Filed as a Temporary Adoption Eff. October 1, 1987, for a Period of 180 Days to Expire on March 28, 1988; Authority G.S. 126-1A; 126-4; 126-7.1; ARRC Objection January 21, 1988; Curative Eff.…

25 NCAC 01H .0626 RELATIONSHIP TO OTHER EMPLOYMENT PRIORITY CONSIDERATIONS History Note: Filed as a Temporary Adoption Eff. October 1, 1987, for a Period of 180 Days to Expire on March 28, 1988; Authority G.S. 126-4; 126-7.1; 126-16; Eff. March 1, 1988; Amended Eff. June 1, 1992;…

25 NCAC 01H .0627 RIGHT OF APPEAL: DENIAL OF PRIORITY AND NON-POSTING History Note: Filed as a Temporary Adoption Eff. October 1, 1987 For a Period of 180 Days to Expire on March 28, 1988; Authority G.S. 126-7.1; 126-39; 150B, Article 3; Repealed Eff. March 1, 1989 in accordance …

25 NCAC 01H .0628 RESOLUTION OF CONFLICT BETWEEN EMPLOYMENT PRIORITIES History Note: Filed as a Temporary Adoption Eff. October 1, 1987 For a Period of 180 Days to Expire on March 28, 1988; Authority G.S. 126-1A; 126-4; 126-7.1; 126-39; Eff. March 1, 1988; Amended Eff. March 1, 1…

25 NCAC 01H .0629 APPOINTMENT TO A POSITION An appointment may be made only if a classified and budgeted vacancy exists in the position complement authorized for the agency. History Note: Authority G.S. 126-4; Eff. August 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary wi…

25 NCAC 01H .0630 RECRUITMENT AND SELECTION POLICY (a) State government shall meet its workforce needs through systematic recruitment programs, selection programs, and career support programs that are designed to identify, attract, and select from the most qualified applicants fo…

25 NCAC 01H .0631 POSTING AND ANNOUNCEMENT OF VACANCIES (a) An agency shall post its vacant positions. (b) Vacancies that shall be filled from within the agency workforce shall have an application period of not less than five business days and shall be posted in at least the loca…

25 NCAC 01H .0632 APPLICANT INFORMATION AND APPLICATION (a) Applicants applying for a state vacancy shall complete and submit a State Application Form (Form PD-107 or its equivalent) to the hiring authority. (b) In completing an Application Form, persons subject to registration u…

25 NCAC 01H .0633 SPECIAL APPLICANT CONSIDERATIONS RELATED TO PRIORITY Priority consideration shall be given to the following applicants: (1) employees with career status who have received written notification of imminent separation due to reduction in force; (2) employees eligib…