North Carolina Administrative Code
Title 25 - STATE HUMAN RESOURCES
Chapter 01 - OFFICE OF STATE HUMAN RESOURCES
Subchapter C - PERSONNEL ADMINISTRATION
Section .0200 - GENERAL EMPLOYMENT POLICIES
Section 01C .0215 - EMPLOYMENT CONTRACTS

Universal Citation: 25 NC Admin Code 01C .0215

Current through Register Vol. 39, No. 6, September 16, 2024

(a) Except as to apprenticeship agreements executed according to the provisions of G.S. Chapter 94 and except as to provisions of Paragraph (b) of this Rule, the following provisions apply to employment contracts:

(1) No employee shall be required, as a condition of employment subject to N.C.G.S. Chapter 126 to enter into a contractual arrangement with any state agency as defined in 25 NCAC 01A .0103 for employment with that agency. No state agency may require, as a condition of employment, that an employee agree, in writing or otherwise, to a minimum specified length of employment.

(2) No state agency may prohibit, as a condition of initial or continued employment, any employee from transferring to another state agency or university.

(3) No state agency may require, as a condition of employment, that an employee agree, in writing or otherwise, that a payment be made to the employing agency if a minimum specified period of employment is not met.

(4) No agency may require the repayment of the cost of job training required by the employing agency as a condition of continued employment.

(b) An agency that provides all or part of the cost of professional development seminars or other educational opportunities to employees that are not a requirement for the job and that are in excess of five thousand dollars ($5000) may condition the provision of agency funds upon agreement of the employee to repay the funds subject to the following conditions:

(1) The employee is informed about the repayment provisions in advance,

(2) The amount of time that the agency expects the employee to remain employed is clearly specified and does not exceed one year,

(3) The prorated amount that the employee will have to repay for each month the employee leaves prior to the end of the term is specified in the agreement, and

(4) The terms of the agreement are reduced to writing and the employee and the human resources director both sign the agreement.

Authority G.S. 126-4(6);
Eff. September 1, 1989;
Amended Eff. June 1, 2008; November 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 2014.

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