§ 143-553. Conditional continuing employment; notification among employing entities; repayment election. - North Carolina Statutes

§ 143‑553.  Conditionalcontinuing employment; notification among employing entities; repaymentelection.

(a)        All personsemployed by an employing entity as defined by this Part who owe money to theState and whose salaries are paid in whole or in part by State funds must makefull restitution of the amount owed as a condition of continuing employment;provided, however, that no employing entity shall terminate for failure to makefull restitution the employment of such an employee who owes money to the Universityof North Carolina Health Care System for health care services.

(b)        Whenever arepresentative of any employing entity as defined by this Part has knowledgethat an employee owes money to the State and is delinquent in satisfying thisobligation, the representative shall notify the employing entity. Upon receiptof notification an employing entity shall terminate the employee's employmentif after written notice of his right to do so he does not repay the moneywithin a reasonable period of time; provided, however, that where there is agenuine dispute as to whether the money is owed or how much is owed, or thereis an unresolved issue concerning insurance coverage, the employee shall not bedismissed as long as he is pursuing administrative or judicial remedies to havethe dispute or the issue resolved.

(c)        An employee of anyemploying entity who has elected in writing to allow not less than ten percent(10%) of his net disposable earnings to be periodically withheld forapplication towards a debt to the State shall be deemed to be repaying themoney within a reasonable period of time and shall not have his employmentterminated so long as he is consenting to repayment according to such terms.Furthermore, the employing entity shall allow the employee who for someextraordinary reason is incapable of repaying the obligation to the Stateaccording to the preceding terms to continue employment as long as he isattempting repayment in good faith under his present financial circumstances,but shall promptly terminate the employee's employment if he ceases to makepayments or discontinues a good faith effort to make repayment. (1979, c. 864, s. 1; 2007‑306,s. 2.)