North Carolina General Statutes Chapter 126 State Personnel System [State Human Resources System]

Article 1 - State Personnel System [State Human Resources System] Established.

N.C. Gen. Stat. § 126-1. Purpose of Chapter; application to local employees
It is the intent and purpose of this Chapter to establish for the government of the State a system of personnel administration under the...
N.C. Gen. Stat. § 126-1.1. Career State employee defined
(a) For the purposes of this Chapter, unless the context clearly indicates otherwise, "career State employee" means a State employee or an employee of...
N.C. Gen. Stat. § 126-1A. Repealed by Session Laws 1995, c. 141, s. 2
N.C. Gen. Stat. § 126-2. State Human Resources Commission
(a) There is hereby established the State Human Resources Commission (hereinafter referred to as "the Commission"). (b) Repealed by Session Laws 2013-382, s. 2.1,...
N.C. Gen. Stat. § 126-3. Office of State Human Resources established and responsibilities outlined; administration and supervision; appointment, compensation and tenure of Director
(a) There is hereby established the Office of State Human Resources (hereinafter referred to as "the Office") which shall be placed for organizational purposes...
N.C. Gen. Stat. § 126-4. Powers and duties of State Human Resources Commission
Subject to the approval of the Governor, the State Human Resources Commission shall establish policies and rules governing each of the following: (1) Position...
N.C. Gen. Stat. § 126-4.1. Repealed by Session Laws 2011-398, s. 41, effective January 1, 2012, and applicable to contested cases commenced on or after that date
N.C. Gen. Stat. § 126-5. Employees subject to Chapter; exemptions
(a) The provisions of this Chapter shall apply to: (1) All State employees not herein exempt, and (2) All employees of the following local...
N.C. Gen. Stat. § 126-6. Repealed by Session Laws 1991, c. 65, s. 3
N.C. Gen. Stat. § 126-6.1. Repealed by Session Laws 1993, c. 397, s. 1
N.C. Gen. Stat. § 126-6.2. Reports
(a) Beginning January 1, 1998, and quarterly thereafter, the head of each State agency, department, or institution employing State employees subject to the North...

Article 2 - Salaries, Promotions, and Leave of State Employees.

N.C. Gen. Stat. § 126-7. Repealed. See editor's note
N.C. Gen. Stat. § 126-7.1. Posting requirement; State employees receive priority consideration; reduction-in-force; Work First hiring
(a) All vacancies for which any State agency, department, or institution openly recruit shall be posted in a place readily accessible to employees within...
N.C. Gen. Stat. § 126-7.2. Repealed by Session Laws 2013-382, s. 6.2, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-7.3. Annual compensation surveys
To guide the Governor and the General Assembly in making decisions regarding the compensation of State employees, the Office of State Human Resources shall...
N.C. Gen. Stat. § 126-8. Minimum leave granted State employees
The amount of vacation leave granted to each full-time State employee subject to the provisions of this Chapter shall be determined in accordance with...
N.C. Gen. Stat. § 126-8.1. Paid leave for certain athletic competition
(a) As used in this section, the term "United States team" includes any group leader, coach, official, trainer, or athlete who is a member...
N.C. Gen. Stat. § 126-8.2. Replacement of law-enforcement officer on final sick leave
When a sworn law-enforcement officer employed by the State is on sick leave, and the head of the department employing the officer has obtained...
N.C. Gen. Stat. § 126-8.3. Voluntary shared leave
(a) The State Human Resources Commission, in cooperation with the State Board of Community Colleges and the State Board of Education, shall adopt rules...
N.C. Gen. Stat. § 126-8.4. (See note on condition precedent) No sick leave taken for absences by State employees resulting from adverse reactions to vaccination
(a) Absence from work by an employee shall not count against the employee's sick leave, and the employee's salary shall continue during the absence...
N.C. Gen. Stat. § 126-8.5. Discontinued service retirement allowance and severance wages for certain State employees
(a) When the Director of the Budget determines that the closing of a State institution or a reduction in force will accomplish economies in...

Article 3 - Local Discretion as to Local Government Employees.

N.C. Gen. Stat. § 126-9. County or municipal employees may be made subject to rules adopted by local governing body
(a) When a board of county commissioners adopts rules and regulations governing annual leave, sick leave, hours of work, holidays, and the administration of...
N.C. Gen. Stat. § 126-10. Personnel services to local governmental units
The State Human Resources Commission may make the services and facilities of the Office of State Human Resources available upon request to the political...
N.C. Gen. Stat. § 126-11. Local personnel system may be established; approval and monitoring; rules and regulations
(a) The board of county commissioners of any county may establish and maintain a personnel system for all employees of the county subject to...

Article 4 - Competitive Service.

N.C. Gen. Stat. § 126-12. Governor and Council of State to determine competitive service
The Governor, with the approval of the Council of State, shall from time to time determine for which, if any of the positions subject...

Article 5 - Political Activity of Employees.

N.C. Gen. Stat. § 126-13. Appropriate political activity of State employees defined
(a) As an individual, each State employee retains all the rights and obligations of citizenship provided in the Constitution and laws of the State...
N.C. Gen. Stat. § 126-14. Promise or threat to obtain political contribution or support
(a) It is unlawful for a State employee or a person appointed to State office, other than elective office or office on a board,...
N.C. Gen. Stat. § 126-14.1. Threat to obtain political contribution or support
(a) It is unlawful for any person to coerce: (1) a State employee subject to the North Carolina Human Resources Act, (2) a probationary...
N.C. Gen. Stat. § 126-14.2. Political hirings limited
(a) It is the policy of this State that State departments, agencies, and institutions select from the pool of the most qualified persons for...
N.C. Gen. Stat. § 126-14.3. Open and fair competition
The State Human Resources Commission shall adopt rules or policies to: (1) Assure recruitment, selection, and hiring procedures that encourage open and fair competition...
N.C. Gen. Stat. § 126-14.4. Repealed by Session Laws 2013-382, s. 7.6, effective August 21, 2013
N.C. Gen. Stat. § 126-15. Disciplinary action for violation of Article
Failure to comply with this Article is grounds for disciplinary action which, in case of deliberate or repeated violation, may include dismissal or removal...
N.C. Gen. Stat. § 126-15.1. Repealed by Session Laws 2013-382, s. 3.2, effective August 21, 2013

Article 6 - Equal Employment and Compensation Opportunity; Assisting in Obtaining State Employment.

N.C. Gen. Stat. § 126-16. Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions
All State agencies, departments, and institutions and all local political subdivisions of North Carolina shall give equal opportunity for employment and compensation, without regard...
N.C. Gen. Stat. § 126-16.1. Equal employment opportunity training
Each State agency, department, and institution and The University of North Carolina shall enroll each newly appointed supervisor or manager within one year of...
N.C. Gen. Stat. § 126-17. Retaliation by State departments and agencies and local political subdivisions
No State department, agency, or local political subdivision of North Carolina shall retaliate against an employee for protesting alleged violations of G.S. 126-16. (1977,...
N.C. Gen. Stat. § 126-18. Compensation for assisting person in obtaining State employment barred; exception
It shall be unlawful for any person, firm or corporation to collect, accept or receive any compensation, consideration or thing of value for obtaining...
N.C. Gen. Stat. § 126-19. Equal employment opportunity plans; reports; maintenance of services by Director of the Office of State Human Resources
(a) Each member of the Council of State under G.S. 143A-11, each of the principal departments enumerated in G.S. 143B-6, The University of North...
N.C. Gen. Stat. § 126-20. Reserved for future codification purposes
N.C. Gen. Stat. § 126-21. Reserved for future codification purposes

Article 7 - The Privacy of State Employee Personnel Records.

N.C. Gen. Stat. § 126-22. Personnel files not subject to inspection under � 132-6
(a) Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees shall not be subject to inspection and examination as...
N.C. Gen. Stat. § 126-23. Certain records to be kept by State agencies open to inspection
(a) Each department, agency, institution, commission and bureau of the State shall maintain a record of each of its employees, showing the following information...
N.C. Gen. Stat. § 126-24. Confidential information in personnel files; access to such information
All other information contained in a personnel file is confidential and shall not be open for inspection and examination except to the following persons:...
N.C. Gen. Stat. § 126-25. Remedies of employee objecting to material in file
(a) An employee, former employee, or applicant for employment who objects to material in the employee's file may place in his or her file...
N.C. Gen. Stat. § 126-26. Rules and regulations
The State Human Resources Commission shall prescribe such rules and regulations as it deems necessary to implement the provisions of this Article. (1975, c....
N.C. Gen. Stat. § 126-27. Penalty for permitting access to confidential file by unauthorized person
Any public official or employee who shall knowingly and willfully permit any person to have access to or custody or possession of any portion...
N.C. Gen. Stat. § 126-28. Penalty for examining, copying, etc., confidential file without authority
Any person, not specifically authorized by G.S. 126-24 to have access to a personnel file designated as confidential by this Article, who shall knowingly...
N.C. Gen. Stat. § 126-29. Access to material in file for agency hearing
A party to a quasi-judicial hearing of a State agency subject to Article 7 of this Chapter, or a State agency subject to Article...
N.C. Gen. Stat. § 126-30. Fraudulent disclosure and willful nondisclosure on application for State employment; penalties
(a) Any employee who knowingly and willfully discloses false or misleading information, or conceals dishonorable military service; or conceals prior employment history or other...
N.C. Gen. Stat. § 126-31. Reserved for future codification purposes
N.C. Gen. Stat. § 126-32. Reserved for future codification purposes
N.C. Gen. Stat. § 126-33. Reserved for future codification purposes

Article 8 - Employee Appeals of Grievances and Disciplinary Action.

N.C. Gen. Stat. § 126-34. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-34.01. Grievance; resolution
Any State employee having a grievance arising out of or due to the employee's employment shall first discuss the problem or grievance with the...
N.C. Gen. Stat. § 126-34.02. Grievance appeal process; grounds
(a) Once a final agency decision has been issued in accordance with G.S. 126-34.01, an applicant for State employment, a State employee, or former...
N.C. Gen. Stat. § 126-34.1. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-34.2. Alternative dispute resolution
In its discretion, the Commission may adopt alternative dispute resolution procedures for the resolution of matters constituting and not constituting grounds for a grievance...
N.C. Gen. Stat. § 126-34.3. Judicial review of fee awards
With respect to a decision of the Office of Administrative Hearings assessing or refusing to assess reasonable witness fees or a reasonable attorneys' fee,...
N.C. Gen. Stat. § 126-35. Just cause; disciplinary actions for State employees
(a) No career State employee subject to the North Carolina Human Resources Act shall be discharged, suspended, or demoted for disciplinary reasons, except for...
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-36 through 126-41. Repealed by Session Laws 2013-382, s. 6.1, effective August 21, 2013, and applicable to grievances filed on or after that date
N.C. Gen. Stat. § 126-42. Reserved for future codification purposes

Article 9 - The Administrative Procedure Act and Modifications.

N.C. Gen. Stat. § 126-43 through 126-44. Repealed by Session Laws 1987, c. 320, s. 9
N.C. Gen. Stat. § 126-46 through 126-50. Reserved for future codification purposes

Article 10 - Interchange of Governmental Employees.

N.C. Gen. Stat. § 126-51. Short title
This Article shall be known and may be cited as the "North Carolina Interchange of Governmental Employees Act of 1977." (1977, c. 783, s.
N.C. Gen. Stat. § 126-52. Definitions
For purposes of this Article: (1) "Assigned employee" means an employee of a sending agency who is assigned or detailed to a receiving agency...
N.C. Gen. Stat. § 126-53. Authority to interchange employees
(a) Any division, department, agency, instrumentality, authority, or political subdivision of the State of North Carolina is authorized to participate in a program of...
N.C. Gen. Stat. § 126-54. Status of employees of sending agency
(a) Employees of a sending agency participating in an exchange of personnel authorized by G.S. 126-53 may be considered during such participation to be...
N.C. Gen. Stat. § 126-55. Travel expenses of employees from this State
A sending agency in this State shall not pay the travel expenses of its assigned or on leave employees and shall not pay the...
N.C. Gen. Stat. § 126-56. Status of employees of other governments
(a) When a division, department, agency, instrumentality, authority or political subdivision of the State of North Carolina acts as a receiving agency, assigned employees...
N.C. Gen. Stat. § 126-57. Travel expenses of employees of other governments
A receiving agency in the State of North Carolina may, in accordance with its travel regulations and travel regulations by law, pay the travel...
N.C. Gen. Stat. § 126-58. Administration
The State Human Resources Commission and any State division, department, agency, instrumentality, authority or political subdivision participating in an interchange of employees program may...
N.C. Gen. Stat. § 126-59 through 126-63. Reserved for future codification purposes

Article 11 - Governor's Commission on Governmental Productivity.

N.C. Gen. Stat. § 126-64 through 126-73. Repealed by Session Laws 1985, c. 479, s. 153(a)

Article 12 - Work Options Program for State Employees.

N.C. Gen. Stat. § 126-74. Work Options Program established
There is established a Work Options Program for State employees in the Office of State Human Resources to be administered by the State Human...
N.C. Gen. Stat. § 126-75. Work options for State employees
(a) The following work options allowed State employees are to be included in the program administered under this Article: (1) Flexible work hours as...
N.C. Gen. Stat. § 126-76. Promoting Work Options Program
The State Human Resources Commission shall develop a program to expand the use of work options. This program shall include training sessions for agency...
N.C. Gen. Stat. § 126-77. Authority of agencies to participate
The State Human Resources Commission shall request from each agency assistance in formulating the Work Options Program. Any division, department, agency, instrumentality or authority...
N.C. Gen. Stat. § 126-78. Administration
The State Human Resources Commission and any State division, department, agency, instrumentality or authority participating in the State Work Options Program shall promulgate rules...
N.C. Gen. Stat. § 126-79. Repealed by Session Laws 2013-382, s. 7.7, effective August 21, 2013

Article 13 - Veteran's Preference.

N.C. Gen. Stat. § 126-80. Declaration of policy
It shall be the policy of the State of North Carolina that, in appreciation for their service to this State and this country during...
N.C. Gen. Stat. § 126-81. Definitions
As used in this Article: (1) "A period of war" includes World War I (April 16, 1917, through November 11, 1918), World War II...
N.C. Gen. Stat. § 126-82. State Human Resources Commission to provide for preference
(a) The State Human Resources Commission shall provide that in evaluating the qualifications of an eligible veteran against the minimum requirements for obtaining a...
N.C. Gen. Stat. § 126-83. Exceptions
Notwithstanding G.S. 126-5, and notwithstanding provisions in that section that only certain Articles of this Chapter apply to some employees, this Article applies to...

Article 14 - Protection for Reporting Improper Government Activities.

N.C. Gen. Stat. § 126-84. Statement of policy
(a) It is the policy of this State that State employees shall be encouraged to report verbally or in writing to their supervisor, department...
N.C. Gen. Stat. § 126-85. Protection from retaliation
(a) No head of any State department, agency or institution or other State employee exercising supervisory authority shall discharge, threaten or otherwise discriminate against...
N.C. Gen. Stat. § 126-86. Civil actions for injunctive relief or other remedies
Any State employee injured by a violation of G.S. 126-85 who is not subject to Article 8 of this Chapter may maintain an action...
N.C. Gen. Stat. § 126-87. Remedies
A court, in rendering a judgment in an action brought pursuant to this Article, may order an injunction, damages, reinstatement of the employee, the...
N.C. Gen. Stat. § 126-88. Notice of employee protections and obligations
It shall be the duty of an employer of a State employee to post notice in accordance with G.S. 95-9 or use other appropriate...
N.C. Gen. Stat. § 126-89. Reserved for future codification purposes

Article 15 - Communications With Members of the General Assembly.

N.C. Gen. Stat. § 126-90. Communications with members of the General Assembly
A State employee's right to speak to a member of the General Assembly at the member's request shall not be directly or indirectly limited...
N.C. Gen. Stat. § 126-91. Reserved for future codification purposes
N.C. Gen. Stat. § 126-92. Reserved for future codification purposes
N.C. Gen. Stat. § 126-93. Reserved for future codification purposes
N.C. Gen. Stat. § 126-94. Reserved for future codification purposes

Article 16 - Flexible Compensation Plan.

N.C. Gen. Stat. § 126-95. Flexible compensation plan
(a) The Director of the Budget may provide eligible officers and employees of State departments, institutions, and agencies not covered by the provisions of...
N.C. Gen. Stat. § 126-96. Reserved for future codification purposes
N.C. Gen. Stat. § 126-97. Reserved for future codification purposes
N.C. Gen. Stat. § 126-98. Reserved for future codification purposes
N.C. Gen. Stat. § 126-99. Reserved for future codification purposes

Last modified: March 23, 2014