North Carolina Administrative Code

25 ncac 01L .0304 responsibilities: Managers and supervisors Managers and supervisors shall attend and complete the EEOI in the prescribed time frame. History Note: Authority G.S. 126-16.1; Eff. January 1, 1992; Amended Eff. January 1, 2005; Pursuant to G.S. 150B-21.3A, rule is n…

25 NCAC 01L .0305 RESPONSIBILITIES: OFFICE OF STATE PERSONNEL History Note: Authority G.S. 126-16.1; Eff. January 1, 1992; Repealed Eff. January 1, 2005.

25 NCAC 01L .0306 ADMINISTRATION: DEFINITIONS (a) "Supervisory positions" are defined as positions in which the majority of the work performed is directing the work of other positions. These employees have the authority to assign work and to evaluate work; to hire employees; to d…

25 NCAC 01L .0307 COURSE SCHEDULING AND SITE SELECTIONS History Note: Authority G.S. 126-16.1; Eff. January 1, 1992; Repealed Eff. November 1, 2004.

section .0400 – persons with a disability 25 NCAC 01L .0401 SPECIAL PROVISIONS RELATIVE TO PERSONS WITH A DISABILITY (a) The definitions in G.S. 168A-3 apply to this Rule. (b) Equal employment opportunity for persons with a disability includes the making of a reasonable accommoda…

SUBCHAPTER 1M - INTERCHANGE OF GOVERNMENTAL EMPLOYEES 25 NCAC 01M .0101 POLICY The interchange of governmental employees program allows for governmental agencies at all levels to borrow from or loan to another governmental agency personnel who have special skills and knowledges u…

25 NCAC 01M .0102 FILING OF APPLICATIONS History Note: Authority G.S. 126-52; Eff. January 1, 1978; Repealed Eff. November 1, 1988.

25 NCAC 01M .0103 DEFINITIONS The following definitions shall apply throughout this Subchapter: (1) sending agency -- any governmental agency included under this policy which sends an employee to another governmental agency; (2) receiving agency -- any governmental agency include…

25 NCAC 01M .0104 ESTABLISHING AN AGREEMENT (a) All interchanges must be negotiated with the employee, the sending agency, and the receiving agency. A written agreement stating the responsibilities of all parties involved shall be submitted to the State Human Resources Director f…

25 NCAC 01M .0105 COMPENSATION History Note: Authority G.S. 126-58; Eff. January 1, 1978; Amended Eff. August 1, 1979; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01M .0106 TERMINATION The temporary assignment of an employee may be terminated by: (1) the termination date specified on the agreement, (2) mutual agreement between the sending and receiving agencies. History Note: Authority G.S. 126-56; Eff. January 1, 1978; Pursuant to…

SUBCHAPTER 1N - WORKPLACE ENVIRONMENT AND HEALTH SECTION .0100 - STATE EMPLOYEES WORKPLACE REQUIREMENTS PROGRAM FOR SAFETY AND HEALTH 25 NCAC 01N .0101 PURPOSE History Note: Authority G.S. 95-148; 126-4(5),(10); Executive Order No. 6; Eff. December 1, 1985; Amended Eff. January 1…

25 NCAC 01N .0102 POLICY History Note: Authority G.S. 95-148; 126-4(5)(10); Executive Order No. 6; Eff. December 1, 1985; Repealed Eff. November 1, 1988.

25 NCAC 01N .0103 PROGRAM REQUIREMENTS History Note: Authority G.S. 95-148; 126-4(5)(10); Executive Order No. 6; Eff. December 1, 1985; Repealed Eff. May 1, 1989.

25 NCAC 01N .0104 PROGRAM ADMINISTRATION (a) The Office of State Human Resources shall monitor agency (as defined in 25 NCAC 01A .0103) compliance with the State Employee Workplace Requirements Program for Safety and Health by providing consultative and technical services that in…

25 NCac 01n .0105 STATE Agency RESPONSIBILITIES (a) Each state agency shall have a written State Employee Workplace Requirements Program for Safety and Health consistent with the State Human Resources Commission's model program and its procedural requirements. Written components …

25 ncac 01n .0106 committee RESPONSIBILITIES The Safety and Health Committee(s) shall perform the following functions as well as any other functions determined by the State Human Resources Commission to be necessary for the effective implementation of the State Employees Workplac…

25 ncac 01n .0107 STATE EMPLOYEES' RESPONSIBILITIES (a) Each supervisor shall provide safe working conditions for each subordinate, know safety and health guidelines, provide for employee's safety and health training, provide required personal protective equipment, report and inv…

SECTION .0200 - PERSONAL PROTECTIVE EQUIPMENT 25 NCAC 01N .0201 RESERVED FOR FUTURE CODIFICATION

25 NCAC 01N .0202 APPLICATION History Note: Authority G.S. 126-4; Eff. July 1, 1995; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

25 NCAC 01N .0203 EQUIPMENT History Note: Authority G.S. 126-4; Eff. July 1, 1995; Repealed Eff. April 1, 2006.

25 NCAC 01N .0304 ANTI-DISCRIMINATION It is the State's policy not to discriminate against any applicant or employee who has or is suspected of having AIDS or HIV infection. The State recognizes that an employee with AIDS or HIV infection may wish to continue working. As long as …

25 NCAC 01N .0305 TESTING AND EXAMINATION Medical tests and examinations to determine the presence of HIV or HIV associated conditions are prohibited except as authorized by state and federal law or required by the rules of the Commission for Public Health (see 15A NCAC 19A, Sect…

25 NCAC 01N .0306 CONFIDENTIALITY Confidentiality shall be maintained by the agency for any employee with HIV or HIV associated conditions as required by existing confidentiality rules and laws. Any current confidentiality policies that are in force shall be updated by the agency…

25 NCAC 01N .0307 COMPLAINTS AND DISCIPLINE The State acknowledges that employees with HIV infection as well as their co-workers may have concerns for their own health and safety. Managers are to pursue all appropriate actions to respond to the concerns of all employees. The stat…

SECTION .0400 – COMMUNICABLE DISEASE emergency 25 NCAC 01N .0401 PURPOSE This Section outlines human resource provisions to be implemented in the event that the Public Health Director or the Governor declares a public health emergency. History Note: Authority G.S. 126-4; Eff. Dec…

25 NCAC 01N .0402 Reporting Communicable Diseases Management shall inform employees and employees shall inform management of any evidence of a communicable disease that could endanger the health of others in the workplace. Management shall notify the local health department the s…

25 NCAc 01N .0403 Actions During a Pandemic In case of a pandemic or other serious health threats as determined by the State Health Director, one of the following actions may occur: (1) closing of one or more agencies or parts of an agency by order of the Governor, (2) closing of…

25 NCAC 01N .0404 Mandatory Employees (a) Mandatory employees are employees with permanent, probationary, time-limited or trainee appointments who are required to work during a public health emergency because their positions have been designated by their agencies as mandatory to …

25 NCAC 01N .0405 Compensation of Mandatory Employees When an agency is closed or when management determines that only mandatory employees are required to report to work, the mandatory employees shall be granted time and one-half pay for all hours worked, subject to the availabil…

25 NCAC 01N .0406 Leave (a) When an employee is quarantined, the employee shall be granted paid administrative leave until the specified period of time ends or the employee becomes ill with the communicable disease, whichever comes first. This shall include employees with tempora…

25 NCAC 01N .0407 Verification Agencies may require certification of fitness to work from a health care provider. If quarantined, the employee shall provide the agency with a written verification from a Public Health official. History Note: Authority G.S. 126-4; Eff. December 1, …

25 NCAC 01N .0408 Review of Policy Provisions (a) If an agency is closed for more than 30 days, the leave and compensation provisions of this policy shall be reviewed and either terminated, revised or renewed. The agency head shall determine the appropriate course of action in co…

25 NCAC 01N .0409 Emergency Lay-Off (a) An emergency layoff is a temporary separation from payroll because funds are not available, work is not available or because of another emergency situation requiring employees to remain away from the worksite. The employer believes that the…

25 NCAC 01N .0410 Waiver of Policies (a) During the pandemic emergency, if new hires are needed to cover emergency operations, the agency head is authorized to waive the posting rule (25 NCAC 01H .0631), the minimum qualifications rule (25 NCAC 01H .0635), the hiring of relatives…

SECTION .0500 - WORKSITE WELLNESS 25 Ncac 01n .0501 POLICY In partnership with the State Health Plan and the Office of State Human Resources, each agency shall create and participate in a Worksite Wellness program. The Worksite Wellness initiatives shall address the primary compo…

25 NCAC 01N .0502 ADMINISTRATION The Office of State Human Resources and the State Health Plan, in collaboration with the North Carolina Division of Public Health, shall guide and assist agencies in the development of a comprehensive Worksite Wellness Program for State employees.…

25 NCAC 01N .0503 WELLNESS LEADER (a) Each agency head shall designate a Wellness Leader at the management level who has direct access to the agency head. (b) In collaboration with management and employees, the Wellness Leader shall create a Worksite Wellness infrastructure, over…

25 NCAC 01N .0504 WELLNESS COMMITTEES (a) Each agency shall establish a wellness committee infrastructure. A wellness committee is a team of employees that meet formally and have identified aims, goals, and implementation strategies to encourage healthy behaviors at the workplace…

SECTION .0600 - LaCTATION SUPPORT 25 NCAC 01N .0601 PURPOSE The rules in this Section set requirements for agencies with regard to nursing mothers. History Note: Authority G.S. 126-4; Eff. January 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …

25 NCAC 01N .0602 POLICY It is the policy of the State to assist working mothers who are nursing children during their transition back to work following the birth or adoption of a child by providing lactation support. A lactation support program allows a nursing mother to express…

25 NCAC 01N .0603 OFFICE OF STATE HUman Resources RESPONSIBILITY The Office of State Human Resources shall designate a program coordinator to assist agencies with questions regarding this Section. History Note: Authority G.S. 126-4; Eff. January 1, 2011; Pursuant to G.S. 150B-21.…

25 NCAC 01N .0604 AGENCY RESPONSIBILITIES State agencies shall provide space, privacy, and time for nursing mothers to express breast milk by doing the following: (1) Providing private space that is not in a restroom or other common area. The space shall have a door that can be s…

25 NCAC 01N .0605 EMPLOYEE RESPONSIBILITY The employee is responsible for storage of the expressed breast milk. History Note: Authority G.S. 126-4; Eff. January 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.

SUBCHAPTER 01O - PERFORMANCE MANAGEMENT SYSTEM SECTION .0100 - GENERAL PROVISIONS 25 NCAC 01O .0101 POLICY History Note: Authority G.S. 126-4; 126-7; Eff. January 1, 1990; Amended Eff. August 1, 2007; March 1, 2005; Repealed Eff. April 1, 2016.

25 NCAC 01O .0107 Performance management Policy History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s.8.(b).

25 NCAC 01O .0108 Performance management Covered Employees History Note: Authority G.S. 126-4; Eff. April 1, 2016; Amended Eff. April 1, 2017; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0109 Performance management DEFINITIONS History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0110 Performance cycle History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).

25 NCAC 01O .0111 documentation of performance History Note: Authority G.S. 126-4; Eff. April 1, 2016; Repealed Eff. July 1, 2025 by act of the General Assembly pursuant to S.L. 2025-34, s. 8.(b).