State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-7_1

§ 126‑7.1.  Postingrequirement; State employees receive priority consideration; reduction‑in‑forcerights; Work First hiring.

(a)        All vacancies forwhich any State agency, department, or institution openly recruit shall beposted within at least the following:

(1)        The personnel officeof the agency, department, or institution having the vacancy; and

(2)        The particular workunit of the agency, department, or institution having the vacancy

in a location readily accessibleto employees. If the decision is made, initially or at any time while thevacancy remains open, to receive applicants from outside the recruiting agency,department, or institution, the vacancy shall be listed with the Office ofState Personnel for the purpose of informing current State employees of suchvacancy. The State agency, department, or institution may not receive approvalfrom the Office of State Personnel to fill a job vacancy if the agency,department, or institution cannot prove to the satisfaction of the Office ofState Personnel that it complied with these posting requirements. The agency,department, or institution which hires any person in violation of these postingrequirements shall pay such person when employment is discontinued as a resultof such violation for the work performed during the period of time between hisinitial employment and separation.

(a1)      State employees tobe affected by a reduction in force shall be notified of the reduction in forceas soon as practicable, and in any event, no less than 30 days prior to theeffective date of the reduction in force.

(a2)      The State PersonnelCommission shall adopt rules to provide that priority consideration for Stateemployees separated from State employment as the result of reductions in forceis to enable a State employee's return to career service at a salary grade andsalary rate equal to that held in the most recent position. The State PersonnelCommission shall provide that a State employee who:

(1)        Accepts a positionat the same salary grade shall be paid at the same salary rate as theemployee's previous position.

(2)        Accepts a positionat a lower salary grade than the employee's previous position shall be paid atthe same rate as the previous position unless the salary rate exceeds themaximum of the new salary grade. When the salary rate exceeds the maximum ofthe salary grade, the employee's new salary rate shall be reduced to themaximum of the new salary grade.

(b)        Subsection (a) ofthis section does not apply to vacancies which must be filled immediately toprevent work stoppage or the protection of the public health, safety, orsecurity.

(c)        If a State employeesubject to this section:

(1)        Applies for anotherposition of State employment that would constitute a promotion and;

(2)        Has substantiallyequal qualifications as an applicant who is not a State employee

then the State employee shallreceive priority consideration over the applicant who is not a State employee.This priority consideration shall not apply when the only applicants consideredfor the vacancy are current State employees.

(c1)      If a State employeewho has been separated due to reduction in force or who has been given noticeof imminent separation due to reduction in force:

(1)        Applies for anotherposition of State employment equal to or lower in salary grade than theposition held by the employee at the time of notification or separation; and

(2)        Is determinedqualified for that position

then within all State agencies,the State employee shall receive priority consideration over all other applicantsbut shall receive equal consideration with other applicants who are currentState employees not affected by the reduction in force. This priority shallremain in effect for a period of 12 months from the date the employee receivesnotification of separation by reduction in force. State employees separated dueto reduction in force shall receive higher priority than other applicants withemployment or reemployment priorities, except that the reemployment prioritycreated by G.S. 126‑5(e)(1) shall be considered as equal. The reduction‑in‑forcepriority created by this subsection shall be administered in accordance withrules promulgated by the State Personnel Commission.

(c2)      If the applicantsfor reemployment for a position include current State employees, a Stateemployee with more than 10 years of service shall receive priorityconsideration over a State employee having less than 10 years of service in thesame or related position classification. This reemployment priority shall begiven by all State departments, agencies, and institutions with regard topositions subject to this Chapter.

(d)        "Qualifications"within the meaning of subsection (c) of this section shall consist of:

(1)        Training oreducation;

(2)        Years of experience;and

(3)        Other skills, knowledge,and abilities that bear a reasonable functional relationship to the abilitiesand skills required in the job vacancy applied for.

(e)        Each State agency,department, and institution is encouraged to hire into State governmentemployment qualified applicants who are current or former Work First Programparticipants.

(f)         Each State agency,department, institution, university, community college, and local educationagency shall verify, in accordance with the Basic Pilot Program administered bythe United States Department of Homeland Security pursuant to 8 U.S.C. § 1101,et seq, each individual's legal status or authorization to work in the UnitedStates after hiring the individual as an employee to work in the United States.(1987, c. 689,s. 2; 1991, c. 65, s. 4; c. 474, s. 1; 1995, c. 141, s. 9; c. 507, s. 7.20(a);1997‑443, s. 12.7(d); 2006‑259, s. 23.1(a).)