North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter H - RECRUITMENT AND SELECTION › Section .0900 - REDUCTION-IN-FORCE PRIORITY REEMPLOYMENT › Section 01H .0902 - REQUIREMENTS FOR REDUCTION IN FORCE PRIORITY CONSIDERATION

Current through Register Vol. 39, No. 2, July 15, 2024
Upon written notification of imminent separation through
					 reduction in force (RIF), a career State employee shall receive priority
					 consideration for positions at an equal or lower salary grade (or salary grade
					 equivalency) for a period of 12 months pursuant to
					 G.S.
					 126-7.1, unless the priority has been
					 satisfied in accordance with the rules of this Section. The following
					 conditions apply:
(1) For employees
				  receiving notification of imminent separation from trainee or flat rate
				  positions, the salary grade for which priority is to be afforded shall be
				  determined as follows: For employees in flat rate positions, the salary grade
				  shall be the grade that has as its maximum a rate nearest to the flat rate
				  salary of the eligible employee. For eligible employees in trainee status, the
				  salary grade shall be the salary grade of the full class;
(2) For employees receiving notification of
				  imminent separation through reduction in force while actively possessing
				  priority consideration from a previous reduction in force shall retain the
				  initial priority for the remainder of the 12-month priority period. A new
				  priority consideration period shall then begin at the salary grade (or salary
				  grade equivalency), or salary rate of the position held at the most recent
				  notification of separation and shall expire 12 months from the most recent
				  notification date;
(3) If after
				  receiving formal notice of imminent reduction in force, an employee retires or
				  applies for retirement prior to the separation date, an employee shall have no
				  right to priority consideration;
(4) Employees notified of separation from
				  permanent full-time positions shall have priority consideration for permanent
				  full-time and permanent part-time positions. Employees notified of separation
				  from permanent part-time positions shall have priority consideration for
				  permanent part-time positions only;
(5) Employees who have priority consideration
				  at the time of application for a vacant position, and who apply during the
				  designated agency recruitment period, shall be continued as priority applicants
				  until the selection process is complete;
(6) If an employee with priority
				  consideration applies for a position but declines an interview or offer of the
				  position, the employee loses priority if the position is at a salary grade (or
				  salary grade equivalency), market rate, or salary rate equal to or greater than
				  that held at the time of notification;
(7) If an employee with priority
				  consideration is placed in another position prior to the separation due to
				  reduction in force, the employee does not lose priority if the position is at a
				  lower salary grade (or salary grade equivalency), market rate, or salary rate
				  less than that held at the time of notification and if the position is at the
				  same appointment status;
(8) An
				  employee with priority consideration may accept a temporary position at any
				  level and retain priority consideration;
(9) When priority has been granted for a
				  lower salary grade (or salary grade equivalency) or lower market rate or lower
				  salary rate than that held at the time of notification, the employee retains
				  priority for higher salary grades (or salary grade equivalencies) or higher
				  market rate up to and including that held at the time of the notification of
				  separation;
(10) An employee with
				  priority consideration may accept employment outside State government or in a
				  State position not subject to the State Human Resources Act and retain the
				  priority consideration through the 12-month priority period;
(11) Priority consideration for an eligible
				  employee is terminated when:
(a) an employee
				  accepts a permanent or time-limited position with the State at the same salary
				  rate or higher rate than the salary rate at the time of notification of
				  separation;
(b) an employee accepts
				  a permanent or time-limited position with the State equal to or greater than
				  the employee's salary grade (or salary grade equivalency) of the full-time or
				  part-time position held at the time of notification, in accord with Item (4) of
				  this Rule;
(c) an employee accepts
				  a career banded position with the same or higher market rate than that held at
				  the time of notification;
(d) an
				  employee has received 12 months of priority consideration; or
(e) an employee applies for retirement or
				  retires from State employment.