25 NCAC 01H .0902. REQUIREMENTS FOR REDUCTION IN FORCE PRIORITY CONSIDERATION

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 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 which 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), 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 has 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 status 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 status 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), or salary rate equal to or greater than that held at the time of notification;

(7)           If an employee with priority status is placed in a position within 35 miles of the employee's original work station 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) 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 status may accept a temporary position at any level and retain priority consideration.  An employee receiving severance salary continuation shall not be employed under a contractual arrangement in any State agency, other than State universities and community colleges, until 12 months have elapsed since the separation as provided by G.S. 126-8.5;

(9)           When priority has been granted for a lower salary grade (or salary grade equivalency) and salary rate than that held at the time of notification, the employee retains priority for higher salary grades (or salary grade equivalencies) 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 such consideration through the 12-month priority period;

(11)         Priority consideration is terminated when an eligible employee:

(a)           accepts a position equal to or greater than the salary rate or 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; or

(b)           has received 12 months priority consideration;

(12)         Priority consideration for employees notified of or separated through reduction in force does not include priority to any exempt positions;

(13)         When an employee with priority status accepts a position at a lower salary rate or lower employee's salary grade (or salary grade equivalency) and is subsequently terminated by disciplinary action, any remaining priority consideration ceases; and

(14)         An employee with priority status shall serve a new probationary period when there is a break in service, as defined in 25 NCAC 01D .0114.

 

History Note:        Authority G.S. 126-4(6),(10); 126-7.1;

Eff. March 1, 1987;

Amended Eff. December 1, 1995; April 1, 1993; June 1, 1992; January 1, 1990;

Recodified from 25 NCAC 01D .0511 Eff. December 29, 2003;

Amended Eff. February 1, 2007;

Temporary Amendment Eff. May 23, 2014.