31 Day Break Policy

Reinstatement Information

Employees who are returning for a 31-day break or who were not assigned to a position more than 30 days will follow the reinstatement procedure below.

If you are coming back for 31-day break or assigned to a new position after being out for more than 30 days:

  1. You will be contacted by a Placement Counselor after the job order from agency received.
  2. You must complete the Waiver Form (link to form)
  3. If you want to make change the following information, you must complete a new form:
    1. Change bank for direct deposit (Link to form)
    2. Federal tax form (Link to form)
    3. NC state tax form (Link to form)
    4. Emergency contact (Link to form)
    5. Replacing expired Driver’s License for I-9 form (Link to form)
    6. Replacing expired Passport for I-9 form (Link to form)
    7. Name address change form (Link to form)
  4. Health Insurance information if you enrolled in HDHP: Link to HDHP page

31-Day Break Policy

Temporary employees provided through Temporary Solutions and approved Temporary Staffing Vendors shall only be employed no more than eleven (11) consecutive months. When temporary employees reach eleven (11) consecutive months of service, the employee is required to take a thirty-one (31) day break. The break can be taken anytime during the eleven (11) months to accommodate the needs of the agency. Once a temporary employee fulfills the required break, a new activation form must be resubmitted to Temporary Solutions if the agency chooses to reemploy the temporary worker.

Exemptions from Break in Service and Accompanying Guidelines:

A) State of North Carolina Retirees

Retirees from the State of North Carolina drawing retirement compensation from the Teachers’ and State Employees’ Retirement System. are not eligible for re-employment with the state until six (6) months after initial retirement and are subject to an annual earnings limit as established by the North Carolina Department of State Treasurer. State Retirees must sign a statement that they are not available for nor seeking permanent employment.

State retirees are exempt from the 31-day Break in Service and can have a temporary assignment for more than eleven (11) consecutive months. Regardless, a new Temporary Services Job Order Form must be completed every eleven (11) months, even for those who are exempt from the thirty-one (31) day break. This requirement is to ensure funding is available and confirms there remains a business need to continue that individual.

All rehired State Retirees who return as a temporary worker are required to utilize Temporary Solutions as the source agency.

Temporary rehired State Retirees who become Temporary Solutions employees are eligible to maintain the State Health Plan (SHP) coverage through the Retirement System. However, if the retiree is expected to work (30) hours or more per week, the State agency where the retiree is on assignment will be responsible for the cost of the State Health Plan.

B) Non-State of North Carolina Retirees

An individual drawing a retirement income from a private company, military/federal government, or any other state retirement system and/or social security benefits is also exempt from the thirty-one (31) day break in service. Regardless, a new activation form must be approved and completed every eleven (11) months, even for those who are exempt from the thirty-one (31) day break. This requirement is to ensure funding is available and confirms there remains a business need to continue that individual.

C) Students

Undergraduate students taking at least twelve (12) semester hours or graduate students taking at least nine (9) semester hours are considered full-time students and are therefore exempt from the eleven (11) month maximum and 31-day break in service.

D) Inmates that are on work release programs are exempt from the 31-day break

Definitions Term

Definition

Agency

The executive branch of State government, such as a department, an institution, a division, a commission, a board, or a council, regardless of whether or not the agency is part of the Council of State.

Temporary Appointment

A limited term appointment that shall not exceed eleven (11) consecutive months unless certain exceptions are met as detailed in this document.

Temporary Employee

Non-permanent employee who is needed for a specific period of time. Temporary worker may be further defined as either a worker obtained through Temporary Solutions, or from an approved external temporary staffing vendor.

Temporary Solutions

Temporary Solutions, within the North Carolina Office of State Human Resources (OSHR) provides temporary staffing services for State agencies.

External Temporary Staffing Vendors

Vendors who supply temporary employees to supplement the current workforce over a specific period of time in lieu of Temporary Solutions.

State of North Carolina Retiree

An individual drawing a retirement income from the NC Teachers & State Employees Retirement System and/or social security benefits.

Non-State of North Carolina Retiree

An individual drawing a retirement income from a private company, military/federal government, or any other state retirement system and/or social security benefits.

Student

Undergraduate student taking at least twelve (12) semester hours or graduate student taking at least nine (9) semester hours are considered full-time students.

Agency Office of Purchasing and Contracting

Administers specific guidelines, requirements and procedures regarding Temporary Staffing Vendors.