NC - North Carolina Human Resource Labor Laws
Below is a list of employment laws we monitor and provide for North Carolina.
Example law for this state:
STATE PERSONNEL MANUAL Leave
Section 5, Page 51
October 1, 2004
SECTION 6 ? REINSTATEMENT
The agency is required to provide the same treatment that would have been afforded had the employee not left to perform uniformed service. (This includes temporary and intermittent employees.)
Reinstatement shall be made if the employee reports to work or applied for reinstatement within the established time limits, unless the service was terminated by the occurrence of either of the following:
1) A separation with a dishonorable or bad conduct discharge.
2) A separation under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary of the applicable military branch..
Employees who resign to enter military service without knowledge of their eligibility for leave without pay and reinstatement benefits, but who are otherwise eligible, shall be reinstated as if they had applied for this benefit.
The employee shall be responsible for returning, or making application for reinstatement, within the time limits defined below.
The time limit for submitting an application for reemployment or reporting back to work depends upon the length of uniformed service. If reporting back or submitting an application for reemployment within the specified periods is impossible or unreasonable through no fault of the employee, the employee must report back or submit the application as soon as possible thereafter. The service duration and periods for returning or applying for reemployment are as follows:
Continued on next page
Revision No. 15 Military Leave
June 27, 2003
STATE PERSONNEL MANUAL Leave
Section 5, Page 61
March 1, 2003
Military Leave, Continued
Time Limits (continued)
? less than 31 days, must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an 8 hour rest period;
? more than 30 days but less than 181 days, must submit a written or verbal application for reemployment with the agency not later than 14 days after the completion of the period of service; or,
? more than 180 days, by submitting an application with the agency not later than 90 days after the completion of the period of service.
Reinstatement shall be to the position they would have likely achieved had they remained continuously employed (escalator position); or, if the period of uniformed service was in excess of 90 days, their escalator position, or one of like seniority, status and pay with the same agency or with another State agency. In the case of reemployment, such reemployment is to be promptly effective.
If, during military service, the employee suffers a disability incurred in, or aggravated during, uniformed service, to the extent that the duties of the escalator position cannot be performed, the employee shall be reinstated to a position most nearly comparable to the escalator position, with duties compatible with the disability and without loss of seniority.
The employee?s salary upon reinstatement shall be based on the salary rate applicable to the proper escalator position. In no case will the reinstated employee?s salary be less than when placed in a military leave status. If the employee was in trainee status at the time of military leave, the addition of trainee adjustments may be considered, at the discretion of the agency head, if it can be determined that military experience was directly related to development in the area of work to be performed in the State position. The addition of trainee adjustments must be made if it can be shown that progression within or through such status is based merely upon the passage of time with satisfactory performance.
Note: It is assumed that an employee had at least satisfactory performance when placed on military leave; therefore, any cost-of-living adjustment should be included in the reinstatement pay. The addition of career growth adjustments or performance bonuses is determined in the same manner as any other employee on leave without pay.
Benefits for Unmarried Partners
Child Labor Law
Court Attendance - Victim of Crime
Data Security/Breach Notification
Employment At Will
Family and Medical Leave
Health Insurance Continuation
Lie Detector Tests
Medical Donation Leave
New Hire Reporting
Occupational Safety and Health
Off Duty Conduct
Payment of Commissions
Plant Closing and Mass Layoff
School Visitation Leave
Sexual Orientation Discrimination
Social Security Numbers
Title VII/Civil Rights
Vacation Pay Upon Termination
Wage Payment at Termination