25 NCAC 01D .1010. SALARY RATE UPON REINSTATEMENT

(a)  When an employee is reinstated within one year, the following shall apply:

(1)           If reinstated to the same salary grade within one year, the maximum salary shall be the employee's previous salary plus any legislative increase or other general adjustments in level which has occurred since the separation.  A lower salary may be paid except as provided in Subparagraph (a)(4) of this Rule.  A higher salary shall not be paid unless justified by intervening employment and equity considerations.

(2)           If reinstated to a higher salary grade within one year, the maximum salary shall be the employee's previous salary, adjusted by any legislative increase or other general adjustment in level, plus a promotional increase determined in accordance with the rules in 25 NCAC 1D .0300 Promotion. A lower salary may be paid.

(3)           If reinstated to a lower salary grade within one year, the maximum salary shall be the employee's previous salary, adjusted by any legislative increase or other general adjustment in level, but not to exceed the maximum allowed by the rules in 25 NCAC 1D .0400 Demotion or Reassignment.  A lower salary may be paid except as provided in Subparagraph (a)(4) of this Rule.

(4)           If the employee has reduction‑in‑force priority consideration and accepts a position at the same or a lower grade than held at the time of separation, the salary shall be set in accordance with G.S. 126‑7.1(a2).  If the employee accepts a position at a higher grade, the salary shall be in accordance with the provisions of Subparagraph (a)(2) of this Rule.

(b)  When an employee is reinstated after one year from the separation date, the new salary shall be determined as outlined under Subparagraphs (a)(1), (a)(2) or (a)(3) of this Rule or as a new appointment and justified accordingly when required.

(c)  Upon reinstatement from military leave, an employee's salary shall be based on the last salary plus any general increases due while on leave.  The addition of performance salary increases may be considered by the agency head if appropriate.  If the employee was in trainee status at the time of military leave, the addition of trainee adjustments may be considered if it can be determined that the military experience directly related to the development in the area of work to be performed.

 

History Note:        Authority G.S. 126‑4;

Eff. March 1, 1992;

Amended Eff. December 1, 1995.