Exceptions to the 11-Month Limit

No temporary employee shall be employed more than 11 consecutive months. N.C.G.S. 126-6.3(a1).  This includes temporaries employed through Temporary Solutions, directly by a state agency, through a third-party staffing service, or through any other method used to fill a workforce need for a limited period of time. G.S. 126-6.3(c).

A temporary employee who is a full-time student, a retired employee, an inmate on a work-release program, an intern, or an extern is exempt from this requirement. G.S. 126-6.3(a3)(2).  Please see our Extensions page for information on how we certify the exception eligibility of one of these temporaries.

Per N.C.G.S. 126-6.3(a3)(3), the Director of the OSHR may create additional exceptions to the 11-month limit requirement only when both of the following conditions are met*:

  • The exception is in the best interests of the State because removing the employee from the job assignment will cause severe harm to the agency's ability to provide vital services to the public

  • The exception will not result in extending the 11-month maximum length of temporary employment beyond months from the employee's initial hire date.

Requesting an Exception Made by the Director of OSHR

Temporary Solutions has created the form below to simplify the request process and to help ensure that agencies address both conditions needed for an exception to be made.  Agencies requesting an exception from the 11-month limit should submit the form below, attaching on agency letterhead the Agency HR Director's authorization to request the exception, no later than 60 days prior to the temporary employee's 11-month limit to provide sufficient time for review and response.  Exception requests may be submitted for temporaries employed through Temporary Solutions, hired directly by a State agency, paid through a third-party staffing service, or hired through any other method used to fill a workforce need for a limited period of time.

If you cannot access the form, please contact Colie Cashwell, OSHR/TS Compliance Monitor, at colie.cashwell@nc.gov.

*All exceptions shall be in the sole discretion of the Director of the OSHR except that the North Carolina National Guard is granted preferred status for exceptions which shall not be denied by the Director. All exceptions shall include a justification of why the exception is necessary. An exception is invalid unless it is submitted in writing and on file in the Temporary Solutions Program Office. G.S. 126-6.3(a3) 

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