Mandatory Separation Requirement

Per N.C.G.S § 126-6.3(a1), temporary employees of Cabinet and Council of State agencies shall not work more than 11 consecutive months without an approved exception. This is called the Mandatory Separation Requirement. Individuals who have worked 11 consecutive months without an exception are eligible for reemployment into a temporary position if the individual is separated (not employed) from temporary employment for at least 31 consecutive calendar days. This is commonly referred to as the “31-day break” or “break-in-service.” Individuals are eligible for state government re-employment into temporary positions on the 32nd day.

The Mandatory Separation Requirement is sometimes referred to as a furlough, but this is inaccurate. Temporaries who are separated after working for 11 consecutive months are no longer employed by the state and are not guaranteed re-employment into a temporary or permanent position.

Time counted toward the 11-month requirement is continuous regardless of how many consecutive temporary assignments you have. In other words, the 11-month “clock” does not restart if you transfer to a different temporary assignment without being separated for at least 31 consecutive calendar days.

Exceptions to the Mandatory Separation Requirement

Per N.C.G.S. § 126-6.3(a3)(2), there are five exceptions from the Mandatory Separation Requirement. Temporaries with an exception may work for more than 11 consecutive months without a 31-day separation as long as the exception exists.

• Retiree – An individual drawing a retirement income or Social Security benefits and who has signed a statement that the individual is not available for, nor seeking, permanent employment.
• Full-time student - An undergraduate student taking at least 12 credit hours or a graduate student taking at least nine credit hours.
• Intern - A student who, regardless of the number of credit hours enrolled, works to gain occupational experience for a period of at least one academic semester.
• Extern - A student who, regardless of the number of credit hours enrolled, is employed as part of a written agreement between the State and an academic institution through which the student is paid and earns course credit.
• Inmates who are in a work-release program.

Additionally, the Director of the NC Office of State Human Resources may make exceptions to the 11-month limit under N.C.G.S. § 126-6.3(a3)(3).

Examples of the Mandatory Separation Requirement

No exception. Jane is a new temporary employee. Her assignment began on July 1. She is not retired, a full-time student, intern, extern, or inmate. Jane can work as a temporary until May 31 of the following year (11 months later). If her first day of being separated from employment is June 1, Jane must be separated from the State of North Carolina temporary employment through July 1 (31 days later). She is eligible for re-employment as a state government temporary on July 2 (the 32nd day).

Exempted Category

Claire retired from the State of North Carolina on January 1. She was hired in a part-time temporary position on October 1. Since Claire is retired, she may work longer than 11 consecutive months without separating.

Exception Ends

Mike is hired into a temporary position while enrolled in college as a full-time student. Mike works for 15 consecutive months without being separated because he is in an exempted category. He graduates from college and is no longer a full-time student. Because Mike has worked for more than 11 consecutive months without being separated, even though he was in an exempted category, he must be separated immediately because his exemption has ended.

Summer Break for Full-Time Students

Rob is a full-time college student and has been employed as a temporary for 11 consecutive months by the end of the spring semester. He is enrolled for the fall semester as a full-time student but is not taking summer classes. Rob may continue to work throughout the summer without separating because of his full-time enrollment in the spring and the fall. If Rob’s fall semester full-time status changes during the summer, he must be separated immediately because his exemption has ended.

Consecutive Temporary Assignments

Joyce is not retired, a full-time student, intern, extern or inmate. She works as a temporary for the Department of Health and Human Services for six months. Joyce then transfers to a different temporary assignment with the Department of Public Safety without being separated for 31 consecutive days. She may work for five more months in her new assignment and then must be separated from temporary employment.