reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1006 - COMPENSATORY TIME

Current through Register Vol. 39, No. 2, July 15, 2024
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 compensating time is a decision that must be made by
					 the agency head. When compensatory time is granted to administrative, executive
					 or professional employees, the following shall apply:
(1) Amount. Compensatory time is awarded at a
				  rate not to exceed the individual's straight time equivalent rate;
(2) Non-cumulative. Compensatory time is not
				  cumulative beyond a 12-month period. For this reason, an employee must be
				  required to take compensatory time as soon as possible after it is
				  credited;
(3) Non-transferable.
				  Compensatory time is not transferable to any other type of leave or to another
				  agency; and
(4) Separation.
				  Compensatory time is lost when an employee is separated from state service. The
				  employee's separation date shall not be changed in order to pay for
				  compensatory time.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. August 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1007 - REPEALED - LEAVE WITH PAY FOR TIME TO LOCATE NEW RESIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 1990;
Repealed Eff. November 1,
					 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1008 - REPEALED - LEAVE WITH PAY WHEN MOVING TO NEW RESIDENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. January 1,
					 1990;
Repealed Eff. November 1,
					 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1009 - OTHER MANAGEMENT APPROVED LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(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-limited permanent or trainee appointment;
(b) Employee shall request Other Management
				  Approved Leave at least two weeks before the leave is needed, unless such
				  notice is impractical; and
(c) If
				  an employee's job responsibilities include attendance at the activity, it is
				  not leave. It is a work assignment and will be included in hours worked for
				  purposes of computing overtime for FLSA non-exempt employees.
Authority
					 G.S.
					 126-4(5);
Eff.
					 May 1, 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1010 - NON-DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(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 accordance with
				  25 NCAC
				  01J .1208(a);
(2) to participate in contested case hearings
				  or other administrative hearings in accordance with
				  25 NCAC
				  01J .1208(b);
(3) to place an employee on investigatory
				  status as provided in
				  25 NCAC
				  01J .0615;
(4) to locate and move to a new residence,
				  within the limits allowed by policy, when a transfer is required by the agency
				  in accordance with
				  25 NCAC
				  01E .1004;
(5) to attend workers' compensation
				  hearings;
(6) to serve on state
				  commissions, councils, boards and committees established by the General
				  Assembly or other bodies established by the Governor and Council of
				  State;
(7) because of a smallpox
				  vaccination in accordance with
				  G.S.
				  126-8.4;
(8) to train for and compete in Pan American,
				  Olympic or international athletic competition in accordance with
				  G.S.
				  126-8.1; and
(9) to cover time that an agency is closed
				  for emergencies in accordance with
				  25 NCAC
				  01E .1005 and the Adverse Weather and
				  Emergency Closings Policy.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1000 - MISCELLANEOUS LEAVE › Section 01E .1011 - DISCRETIONARY TYPES OF OTHER MANAGEMENT APPROVED LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(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) and
				  (b);
(2) to participate in specialized disaster
				  relief services with the American Red Cross in accordance with
				  166A-30-166A-32;
(3) to donate
				  blood and bone marrow in accordance with
				  25 NCAC
				  01E .1607(c);
(4) to donate organs up to 30 days in
				  accordance with
				  25 NCAC
				  01E .1607(c);
(5) to reward an employee for a suggestion
				  that is adopted under the NC Thinks Program or under the agency's Governor's
				  Awards for Excellence Program in accordance with
				  25 NCAC
				  01E .0212; and
(6) to attend conferences that are associated
				  with an employee's work, but that are not required as a work
				  assignment.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1101 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 head.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. October 1, 2004; November 1, 1990; June 1, 1983;
					 June 1, 1982; January 1, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1102 - MAXIMUM AMOUNT

Current through Register Vol. 39, No. 2, July 15, 2024
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 providing written
					 documentation in the file with justification. Leave Without Pay for military
					 purposes is covered under Military Leave, Section .0800 of this Subchapter.
					 Leave without pay for employees receiving Worker's Compensation Benefits is
					 described in Section .0700 of this Subchapter. Leave without pay for employees
					 eligible for family and medical Leave is covered under Family and Medical
					 Leave, Section .1400 of this Subchapter. Parental leave without pay for
					 employees not eligible for family and medical leave is covered in
					 25 NCAC
					 01E .1110.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. October 1, 2004; December 1, 1993; December 1,
					 1988; June 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1103 - EMPLOYEE RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
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 immediately. At least 30 days prior to the end of the leave
					 the employee shall give written notice of intention to return to work;
					 otherwise, the employer is not required to provide such reinstatement but may
					 do so if feasible. Failure to report at the expiration of a leave of absence,
					 unless an extension has been requested, may be considered as a
					 resignation.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1988; June 1, 1982; December 1,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1104 - AGENCY RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
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 without pay, the position may be filled by
					 a temporary or time-limited permanent appointment, whichever is
					 appropriate.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. October 1, 2004; November 1, 1990; June 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1105 - RETENTION OF BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. October 1, 2004; December 1, 1993; November 1,
					 1990; December 1, 1988; February 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1106 - REPEALED - PAYMENT OF ANNUAL LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Repealed Eff. March 1,
					 1978.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1107 - REPEALED - SALARY INCREASE ANNIVERSARY DATE

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1108 - REPEALED - RETIREMENT STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. June 1, 1982; December 1, 1978;
Repealed Eff. October 1, 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1109 - REPEALED - REINSTATEMENT FROM LEAVE WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. February 1,
					 1976;
Amended Eff. December 1, 1978;
Repealed Eff. June
					 1, 1982.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1110 - SPECIAL PROV/PARENTAL LEAVE/EMPL NOT ELIGIBLE/FAMILY/MEDICAL LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
(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) by the parents or a member of the
				  immediate family for the actual period of temporary disability caused or
				  contributed to by pregnancy and childbirth; or
(2) by the parents for adoption purposes,
				  limited to 30 workdays.
See "Uses of Sick Leave" in Rule .0305 of this
					 Subchapter.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1111 - EXTENDED LEAVE WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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
					 01E .1110.
Authority
					 G. S.
					 126-4;
Eff. November 1,
					 1990;
Amended Eff. October 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1100 - OTHER TYPES OF LEAVE WITHOUT PAY › Section 01E .1112 - EXPIRED - SHORT LEAVE WITHOUT PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1200 - COMMUNITY INVOLVEMENT › Section 01E .1201-.1205

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(5),(10);
					 126-13;
Eff. February
					 1, 1983;
Amended Eff. December 1, 1988;
Repealed Eff.
					 April 1, 2001.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1301 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. May 1,
					 1990;
Amended Eff. September 1, 1992;
Repealed Eff.
					 October 1, 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1302 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  as defined in Rule .0317 of this Subchapter or from the sick leave account of a
				  non-family member as provided in Rule .1305 of this Section. For purposes of
				  this Rule, prolonged medical condition means medical condition that is likely
				  to require an employee's absence from duty for a period of at least 20
				  consecutive workdays. If an employee has had previous random absences for the
				  same condition that has caused excessive absences, or if the employee has had a
				  previous, but different, prolonged medical condition within the last 12 months,
				  the agency may make an exception to the 20 day period.
(b) An employee who receives benefits from
				  the Disability Income Plan of North Carolina (DIPNC) is not eligible to
				  participate in the shared leave program. Shared leave, however, may be used
				  during the required waiting period and following the waiting period provided
				  DIPNC benefits have not begun.
(c)
				  Participation in this program shall be limited to 1,040 hours, (prorated for
				  part-time employees), either continuously or, if for the same condition, on a
				  recurring basis. However, management may grant employees continuation in the
				  program, month by month, for a maximum of 2,080 hours, if management would have
				  otherwise granted leave without pay.
(d) An employee on workers' compensation
				  leave who is drawing temporary total disability compensation may be eligible to
				  participate in this program. Use of donated leave under the workers'
				  compensation program shall be limited to use with the supplemental leave
				  schedule as described in
				  25 NCAC
				  01E .0707.
(e) The employee shall exhaust all available
				  leave before using donated leave.
(f) Non-qualifying conditions: This leave
				  does not apply to short-term or sporadic conditions or illnesses that are
				  common, expected or anticipated. This includes such things as sporadic,
				  short-term recurrences of chronic allergies or conditions; short-term absences
				  due to contagious diseases; or short-term, recurring medical or therapeutic
				  treatments. These examples are illustrative, not all inclusive. Each case must
				  be examined and decided based on its conformity to the intent of this Rule and
				  must be applied consistently and equitably.
Authority
					 G.S.
					 126-4;
Eff. May 1,
					 1990;
Amended Eff. February 1, 2011; October 1, 2004; July 1, 1995;
					 September 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1303 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  shared between subject and exempt employees.
(b) Establishment of a leave "bank" for use
				  by unnamed employees is prohibited. Leave shall be donated on a one-to-one
				  personal basis.
(c) This Section
				  does not apply to local government employees but shall apply to public school
				  and community college employees as set forth in
				  25 NCAC
				  01E .1305.
Authority
					 G.S.
					 126-4;
Eff. May 1,
					 1990;
Amended Eff. December 1, 2007; July 1, 1995; September 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1304 - QUALIFYING TO PARTICIPATE IN VOLUNTARY SHARED LEAVE PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
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 or time-limited appointment.
				  (The limitation and leave balance for permanent part-time employees shall be
				  prorated,)
(2) A recipient shall
				  apply or be nominated by a fellow employee to participate in the
				  program,
(3) A recipient shall
				  produce medical evidence to support the need for leave beyond the available
				  accumulated leave, and
(4) The
				  parent department or university shall review the merits of the request and
				  approve or disapprove according to these Rules.
Authority
					 G.S.
					 126-4;
Eff. May 1,
					 1990;
Amended Eff. December 1, 2007; October 1, 2004; July 1, 1995;
					 September 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1306 - LEAVE ACCOUNTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
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 donated shall be credited to
				  the recipient's sick leave account and is available for use on a current basis
				  or may be retroactive for up to 60 calendar days to substitute for advanced
				  vacation or sick leave already granted to the recipient or to substitute for
				  leave without pay. Donated leave shall be applied to advanced leave before
				  applying it to leave without pay.
(3) At the expiration of the medical
				  condition, as determined by the agency, any unused leave in the recipient's
				  donated leave account shall be treated as follows:
(a) The recipient's vacation and sick leave
				  account balance shall not exceed a combined total of 40 hours (prorated for
				  part-time employees).
(b) Any
				  additional unused donated leave shall be returned to active (working or on
				  leave without pay) donor(s) on a pro rata basis and credited to the leave
				  account from which it was donated.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1300 - VOLUNTARY SHARED LEAVE PROGRAM › Section 01E .1307 - REPEALED - DURATION OF PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. May 1,
					 1990;
Repealed Eff. August 3,
					 1992.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1401 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
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 from the date
					 any employee's family and medical leave begins. The rules in this Section set
					 out the additional provisions applicable to employees subject to G.S.
					 126.
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. August 2,
					 1993;
Amended Eff. December 1, 2007; October 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1402 - ELIGIBLE EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  entitled to a total of 12 workweeks, paid or unpaid, leave during any 12 month
				  period for one or more of the reasons listed in the Family and Medical Leave
				  Act.
(b) Additional leave without
				  pay shall be provided for employees to care for the employee's child, spouse or
				  parent who has a serious health condition. See
				  25 NCAC
				  01E .1412 Family Illness Leave.
(c) Leave without pay for other reasons not
				  covered under this Section shall be administered under
				  25 NCAC
				  01E .1100 Other Leave Without Pay. Under
				  these provisions, employees must pay for health benefits coverage.
(d) Temporary Employees - A temporary
				  employee shall be covered if the employee has worked at least 1250 hours during
				  the past 12-month period. Any leave granted to a temporary employee shall be
				  without pay. This also applies to intermittent appointments.
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. August 2,
					 1993;
Amended Eff. October 1, 1995; December 1, 1993;
Temporary Amendment Eff. November 1, 2002;
Temporary Amendment
					 Expired August 29, 2003;
Amended Eff. October 1, 2004, December 1,
					 2003;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1403 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1404 - LEAVE CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 Shared
				  Leave Rules (25 NCAC 01E .1300).
(b) Workers' Compensation Leave - If an
				  employee is on workers' compensation leave drawing temporary total disability,
				  the time away from work is not considered as a part of the family and medical
				  leave 12-week entitlement.
(c)
				  Compensatory Leave - The agency cannot require an employee to use compensatory
				  time for unpaid family and medical leave.
(d) Employee Options - The employee has the
				  following options for charging leave:
(1) For
				  the birth of a child, the employee may choose to exhaust available vacation or
				  sick leave, or any portion, or go on leave without pay; except that sick leave
				  may be used during the period of disability. This applies to both
				  parents.
(2) For the adoption of a
				  child, the employee may choose to exhaust a maximum of 30 days sick leave,
				  available vacation leave, or any portion, or go on leave without pay.
(3) For the illness of an employee's child,
				  spouse, or parent, the employee may choose to exhaust available sick or
				  vacation leave, or any portion, or go on leave without pay.
(4) For the employee's illness, the employee
				  shall exhaust available sick leave and may choose to exhaust available vacation
				  leave, or any portion, before going on leave without pay. If the illness
				  extends beyond the 60-day waiting period required for short-term disability,
				  the employee may choose to exhaust the balance of available leave or begin
				  drawing short-term disability benefits.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1405 - REPEALED - INTERMITTENT LEAVE OR REDUCED WORK SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1406 - AGENCY RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
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 when an employee would rather not use any of
				  the employee's family and medical leave entitlement.
When an employee is on paid leave but has not given notice
					 of the need for family and medical leave, the agency shall, after a period of
					 10 workdays, request that the employee provide sufficient information to
					 establish whether the leave is for a family and medical leave qualifying
					 reason. This does not preclude the agency from requesting the information
					 sooner, or at any time an extension is requested.
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. August 2,
					 1993;
Amended Eff. October 1, 2004; October 1, 1995; December 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1407 - EMPLOYEE RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(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 shall consider failure to report at the
				  expiration of the leave as a resignation unless an extension has been
				  requested.
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. August 2,
					 1993;
Amended Eff. October 1, 2004; October 1, 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1408 - REPEALED - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
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.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1409 - REPEALED - EMPLOYMENT AND BENEFITS PROTECTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. August 2,
					 1993;
Amended Eff. October 1, 1995;
Repealed Eff.
					 October 1, 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1410 - REPEALED - INTERFERENCE WITH RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3
Eff. October 1,
					 1995;
Amended Eff. August 1, 2004;
Repealed Eff.
					 October 1, 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1411 - REPEALED - RECORDKEEPING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(5);
					 P.L.
					 103-3;
Eff. October 1,
					 1995;
Repealed Eff. October 1,
					 2004.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1400 - FAMILY AND MEDICAL LEAVE › Section 01E .1412 - FAMILY ILLNESS LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the 12 weeks of leave per year provided by
					 the Family and Medical Leave Act as outlined in
					 25 NCAC
					 01E .1401-01E
					 .1411, an employee shall be entitled to up to 52 weeks
					 of leave without pay during a five-year period in order to care for the
					 employee's child, spouse, or parent, where that child, spouse, or parent has a
					 serious health condition. The following provisions set forth guidelines for
					 Family Illness Leave:
(1) This leave
				  shall be available to employees who qualify for Family and Medical
				  Leave.
(2) The same provisions and
				  procedures shall apply to this additional leave that apply to the 12 weeks
				  except the following:
(a) A part-time
				  employee shall be entitled to 52 weeks regardless of their work
				  schedule.
(b) During this period of
				  leave without pay, the employees must pay the health plan premiums if they
				  choose to maintain coverage.
(c)
				  This period of leave may be accounted for separate from the 12 weeks. It shall
				  not affect the method used to determine the 12-month period. The five-year
				  period shall begin on the date that the employee uses the 52-week
				  provision.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1500 - CHILD INVOLVEMENT LEAVE › Section 01E .1501-.1506

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4(5);
Eff.
					 January 4, 1994;
Repealed Eff. April 1,
					 2001.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1601 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(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 in this
				  Subchapter;
(2) for any employee to
				  volunteer in a school or in a Volunteer Service Organization as defined in Rule
				  .1602 in this Subchapter; or
(3)
				  for any employee to volunteer in a school or state agency as defined in Rule
				  .1602 of this Subchapter provided that the service is outside of the employee's
				  normal scope of duties and responsibilities and that the employee is not
				  receiving any form of compensation for the services rendered.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1602 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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
				  parentis.
(2) "Child Involvement"
				  means the act of supporting one's child through attendance or participation in
				  activities related to the child's education at his or her school.
(3) "Literacy Program" means act of
				  volunteering in an elementary, middle, or high school to assist students with
				  reading or writing skills in accordance with established academic
				  standards.
(4) "School" means
				  elementary school, a middle school, a high school, an accredited community
				  college, university, vocational or trade school, or a child care program that
				  is authorized to operate under the laws of the state in which it is
				  located.
(5) "State Agency" means a
				  state government agency that is authorized to operate under the laws of the
				  state in which it is located.
(6)
				  "Tutoring and Mentoring" means the act of volunteering in an elementary,
				  middle, or high school to support a student who is more likely than other
				  students to struggle academically.
(7) "Volunteer Service Organization" means a
				  non-profit, non-partisan community organization that is designated as an IRS
				  Code 501(c)(3) civic, charitable, or humanitarian agency, or a human service
				  organization licensed or accredited by the state in which it is located to
				  serve citizens with special needs including children, youth, and the
				  elderly.
(8) "Volunteer Service"
				  means the act of serving citizens of North Carolina and the broader community
				  without expectation of compensation for services.
(9) "Volunteer" means a person who willingly
				  chooses to perform hours of service for civic, charitable, or humanitarian
				  reasons without promise or expectation of compensation for services
				  provided.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2001;
Amended Eff. April 1, 2015; August 1, 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4, 2016;
Amended Eff.
					 November 1, 2020.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1603 - COVERED EMPLOYEES AND LEAVE CREDITS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 supervisor, an
				  employee may be eligible to choose one of the following leave options:
(1) Tutoring and Mentoring - up to one hour
				  per week, not to exceed 36 hours in a calendar year; or
(2) Literacy Program - up to five hours per
				  month.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1604 - USES OF VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE

Current through Register Vol. 39, No. 2, July 15, 2024
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 employee's child is participating. This shall only be
				  utilized in conjunction with nonathletic programs that are a part or supplement
				  to the school's academic or artistic program;
(3) performing school-approved volunteer work
				  approved by a teacher, school administrator, or program
				  administrator;
(4) performing a
				  service for a Volunteer Service Organization. Service shall not include
				  attendance or participation in an event in which no service is
				  performed;
(5) performing volunteer
				  work for a university that is approved by a university administrator or other
				  university official;
(6) performing
				  volunteer work for a community college that is approved by a community college
				  administrator or other community college official;
(7) performing volunteer work for a
				  non-profit vocational or trade school that is approved by a school
				  administrator or other school official; or
(8) performing volunteer work for a state
				  agency that is approved by the agency head or his or her designee.
Authority
					 G.S.
					 126-4;
Eff. April 1,
					 2001;
Amended Eff. August 1, 2010;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4, 2016;
Amended Eff.
					 November 1, 2020.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1605 - LEAVE ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
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 the leave be taken at a time other than the one
				  requested, based on the needs of the agency. The agency may require proof that
				  community service leave taken is being utilized within the purpose of this
				  Section.
(2) Leave shall only be
				  requested and approved for Volunteer Service that occurs during the employee's
				  regularly scheduled hours of work. Agencies with shift employees regularly
				  scheduled to work evening or night shift may allow the use of Volunteer Service
				  and Child Involvement Leave in situations where the employee's participation in
				  Volunteer Service and Child Involvement Leave outside of the work schedule
				  impacts the employee's normal sleep period, and if the agency can maintain
				  coverage at the workplace.
(3)
				  Travel time may be included in approved time for Volunteer Service and Child
				  Involvement Leave, but only for the time that intersects the employee's regular
				  work schedule.
(4) If an employee
				  transfers to another State agency, any balance of the Volunteer Service and
				  Child Involvement Leave not used shall be transferred to the new agency. Under
				  the tutoring and mentoring or literacy leave option, the employee shall secure
				  approval from the new supervisor to continue with that option prior to the
				  transfer.
(5) Leave not taken in a
				  calendar year is forfeited; it shall not be carried over into the next calendar
				  year.
(6) Employees shall not be
				  paid for this leave upon separation from State government.
(7) The use of Volunteer Service and Child
				  Involvement Leave shall be reported separately from all other paid leave.
				  Employees and supervisors are responsible for accurate reporting of the use of
				  Volunteer Service and Child Involvement Leave on the employee's time
				  record.
Authority
					 G.S.
					 126-4;
Eff. July 18,
					 2002;
Amended Eff. April 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4, 2016;
Amended Eff.
					 November 1, 2020.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1606 - REPEALED - ADDITIONAL TIME FOR COMMUNITY SERVICE ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Eff. July 18,
					 2002;
Repealed Eff. April 1,
					 2015.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1600 - VOLUNTEER SERVICE AND CHILD INVOLVEMENT LEAVE › Section 01E .1607 - SPECIAL LEAVE PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  area. A bona fide need is defined as real or eminent danger to life or
				  property. Volunteer emergency and rescue services leave shall not exceed 15
				  work days in any 12-month period, and shall be entered as Other Management
				  Approved Leave for timekeeping purposes.
(b) Each policy shall require proof of the
				  employee's membership in an emergency volunteer organization and that the
				  performance of such emergency services will not hinder agency activity for
				  which the employee is responsible.
(c) Blood, Bone Marrow, and Organ Donorship -
				  Employees may be given time off with pay for whole blood donation, pheresis
				  procedure, and bone marrow transplant. Employees may be given up to 30 days
				  with pay for organ donation. Leave granted under this Paragraph shall be
				  entered as Other Management Approved Leave for timekeeping purposes.
Authority
					 G.S.
					 126-4;
Temporary Adoption Eff.
					 March 18, 2002 (This temporary adoption replaces a permanent rulemaking
					 originally proposed to be eff. July 1, 2002);
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4, 2016;
Amended Eff.
					 November 1, 2020.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1700 - LEAVE: ADMINISTRATIVE › Section 01E .1701 - REPEALED - SMALLPOX VACCINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
					 126-8.4;
Temporary
					 Adoption Eff. June 26, 2003;
Eff: January 1, 2004;
Repealed Eff. May 1, 2010.
North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter E - EMPLOYEE BENEFITS › Section .1700 - LEAVE: ADMINISTRATIVE › Section 01E .1702 - REPEALED - OTHER CONTAGIOUS DISEASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 126-4;
Temporary Adoption Eff.
					 July 1, 2003;
Eff. February 1, 2004;
Repealed Eff.
					 December 1, 2007.