North Carolina § 126-1 - 1. Career State employee defined.

§ 126-1. 1. Career State employee defined.

For the purposes of this Chapter, unless the context clearly indicates otherwise, "career State employee" means a State employee or an employee of a local entity who is covered by this Chapter pursuant to G.S. 126-5(a)(2) who: Is in a permanent position with a permanent appointment, and Has been continuously employed by the State of North Carolina or a local entity as provided in G.S. 126-5(a)(2) in a position subject to the North Carolina Human Resources Act for the immediate 12 preceding months. As used in this Chapter, "probationary State employee" means a State employee who is in a probationary appointment and is exempt from the provisions of the North Carolina Human Resources Act only because the employee has not been continuously employed by the State for the time period required by subsection (a) or (c) of this section. Notwithstanding the provisions of subsection (a) above, employees who are hired by a State agency, department or university in a sworn law enforcement position or forensic scientist position and who are required to complete a formal training program prior to assuming law enforcement or forensic scientist duties with the hiring agency, department or university shall become career State employees only after being employed by the agency, department or university for 24 continuous months. History (1995, c. 141, s. 1; 2007-372, s. 1; 2013-382, ss. 3.1, 9.1(c); 2015-260, s. 1; 2016-87, s. 7.) Transfers from Judicial Department to Department of Juvenile Justice - Credit for Service. - Session Laws 1999-237, s. 21.14, provides that, for the purposes of this chapter, employees in positions transferred from the Judicial Department to the Office of Juvenile Justice (now the Division of Juvenile Justice of the Department of Public Safety) during the 1998-99 fiscal year or as provided for in that act, who have been continuously employed by the State prior to the date of transfer, are to receive credit for those months of service, and that, upon 24 months of continuous employment in a permanent position with the State, an employee under this section is to become a career State employee. Editor's Note. - Session Laws 1999-237, s. 1.1 provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 1999'." Session Laws 1999-237, s. 30.2 provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1999-2001 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1999-2001 biennium." Session Laws 1999-237, s. 30.4, is a severability clause. Session Laws 2002-159, s. 87, provides: "Any employee subject to a reduction in force action pursuant to Executive Order Number 22 whose position was ultimately funded in S.L. 2002-126 shall maintain the employee's career State employee status as provided in G.S. 126-1.1. Employees may also purchase vacation leave up to the amount that they had accrued, not to exceed 240 hours, prior to the date of their separation. Employees who had accrued in excess of 240 hours of annual leave shall have that balance reinstated. These employees shall also receive the 'Special Annual Leave Bonus' as specified in Section 28.3A of S.L. 2002-126." Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: "(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' "(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' "(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.' " Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section [August 21, 2013], brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies." Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective [August 21, 2013] may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office." Effect of Amendments. - Session Laws 2007-372, s. 1, effective August 19, 2007, added "or an employee of a local entity who is covered by this Chapter pursuant to G.S. 126-5(a)(2)" near the end of the introductory paragraph; and inserted "a local entity as provided in G.S. 126-5(a)(2)" following "State of North Carolina" in subdivision (2). Session Laws 2013-382, s. 3.1, effective August 21, 2013, inserted the subsection (a) designation; deleted "appointment" following "position" in subdivision (a)(1); and added subsection (b). Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" in subdivision (a)(2) and in subsection (b). Session Laws 2016-87, s. 7, effective July 11, 2016, in subsection (c), inserted "or forensic scientist position" and "or forensic scientist." Legal Periodicals. - For article, "The Meaning of Just Cause in North Carolina Public Employment Law: Carroll and its Progeny Provide for a Heightened Multifactor Standard for State Employee Disciplinary Cases," see 33 Campbell L. Rev. 341 (2011). For article, "Far From a 'Dead Letter': The Contract Clause and North Carolina Association of Educators v. State," see 96 N.C.L. Rev. 168 (2018).