North Carolina Administrative Code

25 NCAC 01J .0605 DISMISSAL FOR UNSATISFACTORY PERFORMANCE OF DUTIES (a) The intent of this Section is to assist and promote improved employee performance, rather than to punish. This Rule covers all types of performance-related inadequacies. This Section does not require that su…

25 NCAC 01J .0606 DISMISSAL FOR GROSSLY INEFFICIENT JOB PERFORMANCE (a) Dismissal on the basis of grossly inefficient job performance is administered in the same manner as for unacceptable personal conduct. Employees may be dismissed on the basis of a current incident of grossly …

25 NCAC 01J .0607 EXAMPLES OF RELATING TO PERFORMANCE OF DUTIES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. October 1, 1984.

25 NCAC 01J .0608 DISMISSAL FOR PERSONAL CONDUCT (a) Employees may be dismissed for a current incident of unacceptable personal conduct, without any prior disciplinary action. (b) Prior to dismissal of a career employee on the basis of unacceptable personal conduct, there shall b…

25 NCAC 01J .0609 EXAMPLES OF CAUSES RELATING TO PERSONAL CONDUCT History Note: Authority G.S. 126-4; 126-35; Eff. February 1, 1976; Repealed Eff. October 1, 1984.

25 NCAC 01J .0610 WRITTEN WARNING (a) The supervisor shall monitor and promote the satisfactory performance of work assignments and assure that employees do not engage in unacceptable personal conduct. All types of performance-related job inadequacies may constitute unsatisfactor…

25 NCAC 01J .0611 DISCIPLINARY SUSPENSION WITHOUT PAY An employee may be suspended without pay for disciplinary purposes for unsatisfactory job performance after the receipt of at least one prior disciplinary action or for causes relating to any form of unacceptable personal cond…

25 NCAC 01J .0612 DEMOTION (a) Any employee may be demoted as a disciplinary measure. Demotion may be made on the basis of either unsatisfactory or grossly inefficient job performance or unacceptable personal conduct. (1) Unsatisfactory Job Performance. An employee may be demoted…

25 NCAC 01J .0613 PROCEDURAL REQUIREMENTS The following procedural requirements shall be followed to issue disciplinary action under this Section: (1) WRITTEN WARNING - to issue a written warning to an employee, a supervisor shall issue the employee a written warning, detailing t…

25 NCAC 01J .0614 DEFINITIONS As used in this Subchapter: (1) Current Unresolved Incident means conduct or performance that: (a) constitutes a violation of this Section; and (b) for which no disciplinary action has been previously imposed or issued by agency or university managem…

25 NCAC 01J .0615 INVESTIGATORY LEAVE (a) Investigatory leave with pay shall be used to temporarily remove an employee from work status. Placement on investigatory leave with pay shall not constitute a disciplinary action as defined in this Section, G.S. 126-34.02, or in G.S. 126…

25 NCAC 01J .0616 CREDENTIALS (a) Classifications or positions required to be licensed, registered, or certified in accordance with North Carolina General Statutes shall be specified in the statement of essential qualifications or recruitment standards for classifications approve…

25 NCAC 01J .0617 DISCRIMINATION AND RETALIATION Neither race, religion, color, national origin, sex, age, political affiliation, disability, or genetic information shall be considered in making any decisions about any term or condition of employment for any employees or applican…

25 NCAC 01J .0618 APPEAL OF DENIAL OF VETERAN'S PREFERENCE History Note: Authority S.L. 2013-382, s. 6.1; Temporary Adoption Eff. February 28, 2014; Temporary Adoption Expired December 12, 2014.

25 NCAC 01J .0805 AGENCY, DEPARTMENT OR UNIVERSITY RESPONSIBILITY History Note: Authority G.S. 126-4(15); Eff. January 1, 1989; Amended Eff. December 1, 1995; Repealed Eff. October 1, 2006.

25 NCAC 01J .0806 NUMBER OF NOMINATIONS History Note: Authority G.S. 126-4(15); Eff. January 1, 1989; Repealed Eff. December 1, 1995.

25 NCAC 01J .0807 CRITERIA FOR SELECTION History Note: Authority G.S. 126-4(15); Eff. February 1, 1989; Repealed Eff. December 1, 1995.

25 ncac 01j .1005 ELIGIBILITY FOR SERVICES History Note: Authority G.S. 126-4(10); 126-10; Eff. August 3, 1992; Repealed Eff. August 1, 2004.

25 ncac 01j .1012 PURPOSE History Note: Authority G.S. 126-4(10); Eff. August 1, 2004; Expired Eff. September 1, 2016 pursuant to G.S. 150B-21.3A.

section .1100 - UNLAWFUL WORKPLACE HARRASSMENT 25 NCAC 01J .1101 UNLAWFUL WORKPLACE HARASSMENT AND RETALIATION (a) Purpose. The purpose of this Rule is to establish that the State of North Carolina prohibits in any form unlawful workplace harassment, including sexual harassment o…

section .1300 - EMPLOYEE APPEALS AND GRIEVANCE PROCESS 25 NCAC 01j .1301 MINIMUM PROCEDURAL REQUIREMENTS History Note: Authority G.S. 126-4(9); 126-4(10); 126-4(17); 126-7.2; 126-16; 126-34.01; 126-34.02; 126-35; 150B-23; Eff. March 1, 2005; Temporary Repeal Eff. May 23, 2014; Re…

25 NCAC 01J .1302 GENERAL AGENCY GRIEVANCE PROCEDURE REQUIREMENTS (a) All agencies and universities shall adopt an Employee Grievance Policy, which shall be approved by the State Human Resources Commission, based on the standards in Paragraph (d) of this Rule. (b) Grievances file…

25 NCAC 01J .1303 agency and university grievance reports and data entry (a) Every agency and university shall, as requested by the Office of State Human Resources, compile information on employee grievances. (b) The Office of State Human Resources shall make reports to the State…

25 ncac 01j .1304 SETTLEMENTS/CONSENT AGREEMENTS IN GRIEVANCES, CONTESTED CASES (a) Any mediation agreement, settlement agreement, or consent agreement in a grievance or contested case that requires the entering of data into human resources and payroll information system used by …

25 NCAC 01J .1305 OFFICE OF STATE HUMAN RESOURCES REVIEW AND APPROVAL OF FINAL AGENCY DECISION (FAD) The Director of the Office of State Human Resources or his or her designee: (1) shall review every agency or university final agency decision (FAD); (2) shall establish criteria a…

25 NCAC 01J .1306 BACK PAY In grievances: (1) Back pay may be awarded as allowed by G.S. Chapter 126. (2) Full or partial back pay shall not be dependent upon whether reinstatement is ordered. (3) Gross back pay shall always be reduced by any gross interim earnings, except that i…

25 ncac 01J .1307 FRONT PAY In grievances: (1) Front pay may be awarded in all cases in which front pay is warranted by law. (2) "Front pay" is the payment to an employee above his or her regular salary, the excess amount representing the difference between the employee's salary …

25 NCAC 01J .1308 LEAVE (a) An employee shall be credited on reinstatement with all vacation leave that would have been earned except for the interruption in employment. (b) An employee shall be credited on reinstatement with all sick leave that would have been earned except for …

25 NCAC 01J .1309 HEALTH INSURANCE Employees reinstated from dismissal shall be entitled to either retroactive coverage under the State Health Plan or to reimbursement up to the amount the state contributes for employee only coverage. The employee shall have the right to elect be…

25 NCAC 01J .1310 iNTEREST The State shall not pay interest on any back pay award. History Note: Authority G.S. 126-4(9); 126-34.01; 126-34.02; Temporary Adoption Eff. May 23, 2014; Eff. April 1, 2015; Readopted Eff. April 1, 2018.

25 NCAC 01J .1311 REINSTATEMENT When an employee who was dismissed or demoted is reinstated, the employee shall return to employment in the same position, or a similar position at management's option, at the same salary grade or salary grade equivalency that the employee was empl…

25 ncac 01j .1312 CAUSES FOR REINSTATEMENT Reinstatement from dismissal, suspension, or demotion may be ordered only upon a finding of lack of just cause as set forth in Rule .0604 of this Subchapter; discrimination, harassment, or retaliation prohibited by G.S. 126-16 and G.S. 1…

25 NCAC 01J .1313 SUSPENSION WITHOUT PAY For grievances filed on or after August 21, 2013, back pay shall be ordered in those cases in which it is determined that a suspension without pay lacked substantive just cause or was an act of discrimination, harassment, or retaliation pr…

25 NCAC 01J .1314 DISCRIMINATION, harassment, OR retaliation Back pay, transfer, promotion, or other appropriate remedies, including corrective remedies, may be ordered where discrimination, harassment, or retaliation in violation of G.S. 126-16 or G.S. 126-34.02 is found. Histor…

25 ncac 01j .1315 VOLUNTARY PROGRAMS OR BENEFITS Voluntary programs and benefits are the choice of the employee and the employee's financial responsibility. Voluntary benefits and programs include 401K programs, voluntary health and life insurance programs, or deferred compensati…

25 ncac 01j .1316 REMEDIES FOR PROCEDURAL VIOLATIONS (a) Failure to give written notice of applicable appeal rights in connection with a dismissal, demotion, or suspension without pay shall be deemed a procedural violation. The sole remedy for this violation shall be an extension…

25 NCAC 01J .1317 REMEDIES: SALARY ADJUSTMENTS (a) No department, agency, or university may use within-grade or within-range salary adjustments as a method of resolving any grievance, contested case, or lawsuit without advance notice to the Office of State Human Resources and the…

25 NCAC 01J .1318 CERTAIN REMEDIES NOT AVAILABLE The following remedies shall not be awarded in appeals under G.S. 126: (1) compensatory; (2) punitive, except as allowed under G.S. 126-87; (3) exemplary; or (4) other special damages. The only available relief is back pay, front p…

25 Ncac 01j .1319 SITUATIONS IN WHICH ATTORNEY'S FEES MAY BE AWARDED Attorney's fees may be awarded only in the following situations: (1) the grievant is reinstated; (2) the grievant is awarded back pay from either a demotion or a dismissal, without regard to whether the grievant…

25 NCAC 01J .1320 ATTORNEY'S FEES MAY BE AWARDED AS A RESULT OF A SETTLEMENT Attorney's fees may be paid as the result of a settlement in the grievance procedure, provided such fees are explicitly incorporated as a part of a settlement agreement signed by both parties. History No…

subchapter 01K – personnel training section .0100 – general provisions 25 ncac 01k .0101 authority History Note: Authority G.S. 126-4; Eff. February 1, 1976; Amended Eff. January 1, 1979; Repealed Eff. November 1, 1988.

25 NCAC 01K .0102 ORGANIZATION History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. December 1, 1978.

25 NCAC 01K .0103 POLICY ON TRAINING OF STATE EMPLOYEES History Note: Authority G.S. 126-4; Eff. February 1, 1976; Repealed Eff. January 1, 1979.

25 ncac 01k .0104 STATE HUMAN RESOURCE DEVELOPMENT POLICY It is the policy of the State of North Carolina to provide training and development for its employees designed to: (1) improve productivity, effectiveness, and efficiency of government service by enhancement of employee pe…

25 NCAC 01K .0105 CENTERS OF RESPONSIBILITY (a) Adequate training and development of state employees shall be accomplished through the combined efforts of employees, supervisors on the job, departmental management, and the Office of State Human Resources in cooperation with the s…

25 NCAC 01K .0106 COST OF TRAINING (a) If training is specifically required by an agency, full costs of salary, tuition, travel, and subsistence shall be borne by the agency. (b) Education deemed beneficial to both the employee and the agency may be eligible for the state's Acade…

25 NCAC 01K .0209 OFFICE OF STATE Human Resources learning and organizational development Team PURPOSE The Office of State Human Resources Learning and Organizational Development Team shall provide policy direction, programs, and supportive services to assist in improving the per…

25 NCAC 01K .0210 OFFICE OF STATE Human Resources learning and organizational development team OBJECTIVES The Office of State Human Resources Learning and Organizational Development Team shall: (1) recommend policy and procedures to the State Human Resources Commission concerning…

25 NCAC 01K .0211 PROGRAMS History Note: Authority G.S. 126-4; Eff. January 1, 1979; Repealed Eff. March 1, 2005.

25 NCAC 01K .0212 OFFICE OF STATE Human Resources Learning and development FACILITIES History Note: Authority G.S. 126-4; Eff. January 1, 1979; Amended Eff. April 1, 2005, January 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Oct…