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Special Employment Considerations

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G.S. 126-5(e) mandates the requirements for the reassignment of, or priority re-employment consideration for, employees removed from exempt policy-making/ confidential or exempt managerial positions for reasons other than just cause.

Priority Re-employment

The State of North Carolina requires that the following individuals receive priority consideration for state employment.

  • Employees scheduled for or already reduced-in-force
  • Employees separated from policy making/confidential exempt positions for reasons other than just cause

State Government Employee Promotion Priority

Career state employees are eligible for priority consideration over non-state employees when the individuals possess substantially equal qualifications. Career state employee is defined as a state employee who is in a permanent position appointment and has been continuously employed by the State of North Carolina in a position subject to the State Personnel Act for the immediate 24 preceding months.

Veterans

Departments must give preference in employment to qualified veteran applicants. This applies to eligible veterans who are citizens of the state and who actively served the State or the United States honorably in the Army, Navy, Marine Corps, Nurses’ Corps, Air Corps, Air Force, Coast Guard, or any of the armed services during a period of war. Eligible veterans include the individual who served on active duty (other than training), the spouse of a disabled veteran, the spouse or dependent of a veteran who died on active duty during a period of war either directly or indirectly as a result of service, a veteran who suffered a disabling injury for service-related reasons during peacetime and their spouse, and the spouse or dependent of a veteran who served on active duty (other than training) who died for service-related reasons during peacetime. Veterans’ preference is also extended to other employment events including transfers, promotions, and reassignments.

Disabled-on-the-Job Priority Re-employment

When employees who have been injured on the job and placed on workers' compensation leave are released to work by their treating physician, there are several possible return-to-work situations. Re-employment is primarily based on the amount of the employee's medical improvement. If priority re-employment referrals are involved, the employment specialist will advise the hiring department of their responsibilities.

Affirmative Action

The policy requires that hiring officials minimize or eliminate under-representation of women, minorities and disabled persons in the workforce.

Age Limitations

Limitations are enforced only where specific age constitutes a bona fide occupational qualification. There is no maximum age for employment. Job specifications will be reviewed to ensure compliance with legal limits on the employment of minors. Hiring officials should consult Employment Services prior to employing any individual under the age of 18.

Law enforcement officers must be at least 21 years of age.

Employment of Individuals with Disabilities

The University encourages employment of disabled individuals who meet necessary position requirements.

Employment of Relatives

Relatives of current employees may not be employed without approval from Employment Services. If relatives are considered for employment, it is necessary for the department to certify that such action will not result in one member supervising another immediate family member and that no member will occupy a position which has influence over another's employment, promotion, salary administration, or other related management or personnel considerations.

Immediate family members are wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, granddaughter, step-, half-, and in-law relations.

Employment of Persons Convicted of Criminal Offenses

The University can deny employment to persons previously convicted of criminal offenses if there is a direct relationship between the offense and the employment sought, or the employment would involve an unreasonable risk to the safety or welfare of employees, students, the general public, or University property.

Guiding Policies and Other Resources

Human Resources Guiding Policy Disclaimer

Policies, Regulations, Rules, Special Employment Considerations

Questions?

Contact Employment Services, 919-515-2135

Last Edited: February 20th, 2014