North Carolina Administrative Code › Title 25 - STATE HUMAN RESOURCES › Chapter 01 - OFFICE OF STATE HUMAN RESOURCES › Subchapter J - EMPLOYEE RELATIONS › Section .1300 - EMPLOYEE APPEALS AND GRIEVANCE PROCESS › Section 01J .1306 - BACK PAY

Current through Register Vol. 39, No. 2, July 15, 2024
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 interim earnings from employment that
				  was approved secondary employment prior to dismissal shall not be set off
				  against gross back pay. Any unemployment insurance benefits paid to the
				  employee shall also be deducted from the gross back pay amount due.
(4) All applicable State and federal
				  withholding taxes, including social security taxes, shall be paid from the
				  reduced gross back pay due. "Reduced gross back pay" is gross back pay due
				  minus interim earnings and unemployment insurance benefits received.
(5) The employee's regular retirement
				  contribution shall be paid on the total, unreduced amount of gross back pay
				  due.
(6) Back pay shall include
				  payment for all holidays that the grievant would have been paid for except for
				  the interruption in employment status. Holiday premium pay shall not be a part
				  of any back pay award.
(7) Shift
				  pay shall be a part of a back pay award if the grievant would have been
				  entitled to the pay in the absence of the interruption in employment. This
				  benefit shall not be applicable in cases involving a failure to hire or a
				  failure to promote.
(8) Employees
				  shall not be entitled to any discretionary pay that may or may not have been
				  awarded to them in the absence of the interruption in employment, including
				  merit increments.
(9) Back pay
				  shall include any across-the-board compensation that would have been included
				  in the grievant's regular salary except for the interruption in employment.
				  This includes one time "bonuses," and across-the-board legislative pay
				  increases.
(10) If the grievant's
				  longevity eligibility date occurred during the period of interrupted
				  employment, back pay shall include the difference between the prorated
				  longevity payment made at dismissal and the amount of longevity pay that would
				  have been payable had employment not been interrupted. If the grievant is
				  reinstated prior to his or her longevity date, no adjustment for longevity pay
				  shall be made in the back pay award. The prorated longevity payment made at the
				  time of dismissal shall be deducted from the full amount otherwise payable on
				  the next longevity eligibility date.
(11) Back pay shall be applied for on the
				  Office of State Human Resources form, available on the Office of State Human
				  Resources website, www.oshr.nc.gov. The back pay application form requires the
				  following information:
(a) agency or
				  university name;
(b) division,
				  department or school;
(c) employee
				  name;
(d) employee social security
				  number;
(e) position
				  classification;
(f) position
				  number; and
(g) a notarized sworn
				  statement verifying the following information for a total earnings calculation:
(i) gross interim income, not including
				  secondary employment approved prior to adverse action; and
(ii) unemployment compensation.