What You Need to Know About North Carolina Parental Leave Laws
Being a new parent can be overwhelming. You may wonder how much time you can take off work to care for your new child. Here is everything you need to know about North Carolina’s parental leave laws.
Under federal law, the Family and Medical Leave Act (FMLA) allows for up to 12 weeks of unpaid leave for eligible employees. Covered Federal employees are eligible for up to 12 weeks of paid parental leave under the Federal Employee Paid Leave Act (FEPLA). North Carolina also requires employers to give employees up to four hours of parental leave to participate in their children’s school-related activities.
What is Parental Leave?
Parental leave is when employees get off work to care for their new child. Parental leave laws can vary from state to state.
Federal Parental Leave Laws
Employers in North Carolina must abide by federal parental and pregnancy leave. North Carolina does not have its own paid parental leave policy.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family or medical reasons. The act also requires employers to maintain employees’ group health benefits during their leave.
Related: Can a Criminal Record Affect Employment in North Carolina?
The FMLA applies to:
- All public agencies,
- All public and private elementary and secondary schools, and
- Companies with 50 or more employees.
Employees are eligible for leave if they meet the following requirements:
- Have worked for their employer for at least 12 months,
- Have worked at least 1,250 hours over the past 12 months,
- Work at a location where the company employs 50 or more employees within 75 miles.
The law requires employers to provide employees with 12 weeks of leave for the following reasons:
- The birth and care of a newborn child;
- Placement of a child for adoption or foster care;
- To care for an immediate family member with a serious health condition; or
- To take medical leave when the employee cannot work because of a serious health condition.
A father is eligible for leave under FMLA after a child’s birth and to care for his spouse who is incapacitated due to pregnancy or childbirth.
Federal Employee Paid Leave Act
The Federal Employee Paid Leave Act (FEPLA) amended the FMLA, allowing up to 12 weeks of paid parental leave for covered federal employees. Employees can substitute parental leave under FEPLA for unpaid FMLA leave. Federal employees are eligible for leave during the 12-month period following the birth or placement of a child for adoption or foster care. The act only applies to births or placements on or after October 1, 2020.
To be eligible for FEPLA, an employee must meet the eligibility requirements for FMLA. To use the paid parental leave under FEPLA, an employee must agree in writing to work for the employer for at least 12 weeks, beginning on the first scheduled workday after the paid parental leave ends.
Related: North Carolina Employee Monitoring Laws
North Carolina Parental Leave Laws
North Carolina requires employers to give eligible employees up to four hours of unpaid parental leave to attend their children’s school functions. Parental leave is available for any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child. The law encourages parental involvement to promote children’s academic success. The North Carolina Department of Labor (DOL) website states the following conditions for any leave taken under this law:
- The leave shall be at a mutually agreed upon time between the employer and the employee.
- The employer may require an employee to provide the employer with a written request for the leave at least 48 hours before the time desired for the leave.
- The employer may require that the employee furnish written verification from the child’s school proving that they were participating with the school during the leave.
If an employer takes an adverse employment action against an employee for requesting or taking leave, an employee has one year from the date of the alleged incident to file a civil lawsuit. However, North Carolina law does not administer this law, and employees seeking civil action for compensation will have to consult with a private attorney. A person may contact the North Carolina Lawyer Service at 1-800-662-7660 or visit their website for information on obtaining an attorney.
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If you or a loved one would like to learn more about North Carolina Parental Leave Laws, get your free consultation with one of our Employment Attorneys in North Carolina today!