Special Employment Considerations
REG 05.55.7
Authority: Vice Chancellor for Finance and Business
History: First Issued: October 1, 2002.
Additional References:
HR Manual #305: Special Employment Considerations
Office of State Personnel - Priority Reemployment for Policy-Making/Confidential and Exempt Managerial Employees
Priority Reemployment for Employees Removed for Violation of G.S. 126-14.2
Priority Reemployment Consideration for RIF Employees
Promotional Priority
Veteran's Preference
Priority Referral System
Contact Info: Assistant Director for Employment Services (919-515-2135).
1. Purpose
To assure fair and equitable treatment in compliance with state and federal
policies.
2. Covered Employees
The following groups of individuals are covered by this policy; persons with
priority re-employment, persons with state government employee promotion priority,
veterans, persons disabled on the job, persons affected by Affirmative Action,
persons of a certain age, persons who are disabled, relatives of employees,
persons convicted of criminal offenses, and aliens.
3. PROCEDURES
3.1. Persons with Priority Re-employment
The State of North Carolina requires that the following individuals receive
priority consideration for state employment:
3.1.1. Employees scheduled for or already reduced-in-force (RIF), and
3.1.2. Employees separated from policy making/confidential exempt positions
for reason other than just cause.
If priority re-employment referrals are involved, external applicants may
not be referred.
3.2. 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:
3.2.1. Is in a permanent position appointment,
3.2.2. Is qualified for a state position of a higher level, and
3.2.3. Has been continuously employed by the State of North Carolina in a position
subject to the State Personnel Act (SPA) for the immediate 24 preceding
months.
3.3. Veterans
Departments must give five preferences at the time of initial selection
to qualified veteran applicants. This applies to all citizens who served
the United States honorably in any of the armed services during periods
of war, certain disabled veterans and their spouses, and certain surviving
spouses and dependents of veterans.
3.4. Disabled-on the Job Priority Re-Employment
When employees who have been injured on the job and placed on worker's
compensation leave are released to work by their treating physicians, 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.
3.5. Affirmative Action
The policy requires that hiring officials minimize or eliminate under representation
of women and minorities in the workforce.
3.6. Age Limitations
Limitations are enforced only where specific age constitutes a bona fide
occupational qualification. There is no maximum age for employment.
Individuals under age 18 must possess or be eligible for an employment
certificate from Social Services. 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 16.
Law enforcement officers must be at least 21 years of age.
3.7. Employment of the Disabled
The university encourages employment of disabled individuals who meet necessary
position requirements.
3.8. 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. This includes
promotion, salary administration, or other related management or personnel
considerations.
Immediate family members are as follows: spouse, parent, brother, sister,
child, grandparent, grandchild, great grandparent, great grandchild, and
step-, half-, and in-law relations.
3.9. Employment of Persons Convicted of Criminal Offenses
The university can deny employment to persons previously convicted of criminal
offenses if:
3.9.1. There is a direct relationship between the offense and the employment
sought, or
3.9.2.
The employment would involve an unreasonable risk to the safety or welfare
of employees, students, the general public, or university property.
3.10. Employment of Aliens
The university is permitted to hire only properly identified U.S. citizens
and aliens with proper work authorization from the U.S. Immigration and
Naturalization Services. The employee shall:
3.10.1. Present verification documents to the employing department at the time
of hire or no later than the third working day, or
3.10.2. Present a receipt validating the application for the required documents
and provide the actual documents within 90 days.
An employee whose original work authorization has expired must present
proof of an authorization renewal in order to remain employed.
