North Carolina § 127A-202 - Rights.

§ 127A-202. Rights.

Release From State Duty. - Upon an employee's release from state duty, the employee's previous employer shall reemploy the employee in the employee's previous position within five days of the employee's release from state duty. If the employee's state duty lasted 30 days or less, the employee shall make written application to the employee's previous employer for reemployment no later than the first regularly scheduled work period that begins 24 hours after the employee has safely traveled from the place of state service to the employee's residence. If the employee's state duty lasted more than 30 days, the employee shall make written application to the employee's previous employer for reemployment within 14 days of the employee's release from state duty. If the employee is still qualified for the employee's previous employment, the employee shall be restored to the employee's previous position or to a position of like seniority, status, and salary, unless the employer's circumstances at that time make the restoration unreasonable. If the employee is no longer qualified for the employee's previous employment, the employee shall be placed in another position for which the employee is qualified and that will give the employee appropriate seniority, status, and salary, unless the employer's circumstances at that time make the placement unreasonable. Period of Recovery. - Notwithstanding the time limitations of subsection (a) of this section, if an employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of state duty, the employee shall make written application for reemployment within the period of recovery. The period of recovery is the period necessary for the employee to recover from the illness or injury, not to exceed two years unless the Commissioner of Labor extends the period. The Commissioner may extend the two-year period of recovery only if (i) the employee files with the Commissioner a written request for extension at least 15 days prior to the expiration of the two-year period of recovery and (ii) the Commissioner finds that reemployment during the two-year period would place an undue burden on the employee. The Commissioner, if extending the two-year period of recovery, shall notify the employee's previous employer of the amount of the extension. A party who is dissatisfied with a decision of the Commissioner may commence a contested case under Article 3 of Chapter 150B of the General Statutes. History (1979, c. 155, s. 1; 2011-195, s. 1(a); 2017-156, s. 1; 2018-136, 3rd Ex. Sess., s. 5.9.) Editor's Note. - Session Laws 2017-156, s. 3, made the amendment to this section by Session Laws 2017-156, s. 1, effective July 21, 2017, and applicable to state duty, as defined in this act, commencing on or after that date. Session Laws 2018-136, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as '2018 Hurricane Florence Disaster Recovery Act.'" Effect of Amendments. - Session Laws 2011-195, s. 1(a), effective June 23, 2011, throughout the section, substituted "the employee's" for "his"; in the second sentence, substituted "the employee shall be restored" for "he shall be restored"; and in the last sentence, substituted the second and third occurrence of "the employee" for "he" and the last occurrence of "employee" for "him." Session Laws 2017-156, s. 1, designated the existing provisions as subsection (a); rewrote subsection (a); and added subsection (b). For effective date and applicability, see editor's note. Session Laws 2018-136 3rd Ex. Sess., s. 5.9, effective October 15, 2018, in subsection (a), substituted "at that time" for "now" following "unless the employer's circumstances" twice; substituted "that begins 24 hours" for "which begins eight hours" following "regularly scheduled work period"; and substituted "position for which the employee is qualified and that" following "shall be placed in another."