25 NCAC 01C .1004. REDUCTION IN FORCE

(a)  A State government agency may separate an employee whenever it is necessary due to shortage of funds or work, abolishment of a position or other material change in duties or organization.  Retention of employees in classes affected shall be based on systematic consideration of all the following factors: type of appointment, relative efficiency, actual or potential adverse impact on the diversity of the workforce and length of service.  However, neither temporary, probationary nor trainee employees in their initial six months of training shall be retained where an employee with a permanent appointment must be separated in the same or related class.

(b)  Agency Responsibilities:

(1)           Each agency shall develop a written policy for reduction in force which meets its particular needs and provides assurance to employees that potential reductions shall be considered on a fair and systematic basis in accordance with factors defined in the reduction-in-force policy.  The policy of each agency shall be filed with the Office of State Human Resources as a public record; and

(2)           Each agency shall inform the employee of separation as soon as possible and inform the employee of the priority reemployment consideration available.  The agency shall provide employees with a minimum of 30 calendar days written notification of separation prior to the effective date of the reduction in force.

(c)  Appeals: An employee may appeal the separation if it is alleged that the separation is in retaliation for the employee's opposition to alleged discrimination against the employee on account of the employee's age, sex, race, color, national origin, religion, creed, political affiliation, or disabling condition as defined by Chapter 168A of the General Statutes.  An employee may appeal the separation if it is alleged that the separation is a denial of the veterans' preference granted in connection with a reduction in force for an eligible veteran as provided in Chapter 126, Article 13. The appeal may be made either through the agency internal grievance procedure or may be filed directly with the Office of Administrative Hearings, at the choice of the employee.

(d)  The agency must analyze any application of its reduction-in-force policy to determine its impact on equal employment opportunity in accordance with the Equal Employment Opportunities Commission's Uniform Guidelines on Employee Selection Procedures.

(e)  Severance Salary Continuation:  Severance salary continuation shall be administered in accordance with the rules contained in 25 NCAC 01D .2700.  Pursuant to G.S. 126-8.5, the Office of State Budget and Management is responsible for determining whether severance continuation is applicable.  Prior approval shall be received from the Office of State Budget and Management before severance salary continuation is paid.

 

History Note:        Authority G.S. 126-4(2);

Eff. February 1, 1976;

Amended Eff. May1, 1980; January 1, 2980;

Emergency Amendment (a) Eff. March 16, 1981 for a Period of 77 Days to Expire on June 1, 1981;

Emergency Amendment (a) Made Permanent with Change Eff. April 8, 1981;

Amended Eff. December 1, 1995; March 1, 1994; November 1, 1990; March 1, 1987;

Recodified from 25 NCAC 01D .0504 Eff. December 29, 2003;

Amended Eff. October 1, 2009; March 1, 2005.