North Carolina § 143-166 - 14. Payment of salary notwithstanding incapacity; Workers' Compensation Act applicable after two years; duration of payment.

§ 143-166. 14. Payment of salary notwithstanding incapacity; Workers' Compensation Act applicable after two years; duration of payment.

The salary of any eligible person shall be paid as long as the person's employment in that position continues, notwithstanding the person's total or partial incapacity to perform any duties to which the person may be lawfully assigned, if that incapacity is the result of an injury or injuries resulting from or arising out of an episode of violence, resistance, or due to other special hazards that occur while the eligible person is performing official duties, except if that incapacity continues for more than two years from its inception, the person shall, during the further continuance of that incapacity, be subject to the provisions of Chapter 97 of the General Statutes pertaining to workers' compensation. The time period for which an eligible person receives benefits pursuant to this section shall be deducted from the eligible person's total eligibility for benefits pursuant to G.S. 97-29 and G.S. 97-30 . For purposes of this section, the term "salary" shall be defined as the total base pay of the person reflected on the person's salary statement and shall not include overtime pay, shift differential pay, holiday pay, or other additional earnings to which the person may have been entitled prior to such incapacity. Salary paid to an eligible person pursuant to this Article shall cease upon the resumption of the person's regularly assigned duties; assignment of duties which comply with the treating physician's restrictions; or retirement, resignation, or death, whichever first occurs; provided that salary payments will be ceased or may be equitably reduced when the employee has returned to work for the same or a different employer. A temporary return to duty shall not prohibit payment of salary for a subsequent period of incapacity which can be shown to be directly related to the original injury. History (1979, 2nd Sess., c. 1272, s. 1; 2014-100, s. 35.12(a); 2015-241, s. 30.18(c); 2017-57, s. 35.18B(a).) Editor's Note. - Session Laws 2014-100, s. 35.12(b), made the amendment to this section by Session Laws 2014-100, s. 35.12(a), effective October 1, 2014, and applicable to injuries occurring on or after that date. Session Laws 2017-57, s. 35.18B(c), made the amendment to this section by Session Laws 2017-57, s. 35.18B(a), effective June 28, 2017, and applicable to State employees incapacitated on or after that date. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2014-100, s. 35.12(a), rewrote the section. See Editor's notes for effective date and applicability. Session Laws 2015-241, s. 30.18(c), effective July 1, 2015, rewrote the first sentence; and added the second and third sentences. Session Laws 2017-57, s. 35.18B(a), in the present next-to-last sentence, inserted "assignment of duties which comply with the treating physician's restrictions; or", substituted "occurs; provided that salary payments will be ceased or may be equitably reduced when the employee has returned to work for the same or a different employer" for "occurs, except that", and made stylistic changes. For effective date and applicability, see editor's note.