North Carolina does not have a general law providing family and medical leave, but the General Statutes of North
Carolina does have provisions concerning this topic in the following sections.
95-28.3. Leave for parent involvement in schools.
(a)It is the belief of the General Assembly that parent involvement is an essential component of school success
and positive student outcomes. Therefore, employers shall grant four hours per year leave to any employee who is
a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend
or otherwise be involved at that child's school. However, any leave under this section is subject to the following
conditions:
(1) The leave shall be at a mutually agreed upon time between the employer and the employee.
(2) 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.
(3) The employer may require that the employee furnish written verification from the child's school that the employee
attended or was otherwise involved at that school during the time of the leave. For the purpose of this section,
"school" means any
(i) public school,
(ii) private church school, church of religious charter, or nonpublic school described in Parts 1 and 2 of Article
39 of Chapter 115C of the General Statutes that regularly provides a course of grade school instruction,
(iii) preschool, and (iv) child care facility as defined in G.S. 110- 86(3).
(b) Employers shall not discharge, demote, or otherwise take an adverse employment action against an employee
who requests or takes leave under this section. Nothing in this section shall require an employer to pay an employee
for leave taken under this section.
(c) An employee who is demoted or discharged or who has had an adverse employment action taken against him or her
in violation of this section may bring a civil action within one year from the date of the alleged violation against
the employer who violates this section and obtain either of the following:
(1) Any wages or benefits lost as a result of the violation; or
(2) An order of reinstatement without loss of position, seniority, wages, or benefits. The burden of proof shall
be upon the employee.
58-57-115. Family leave credit insurance standards; policy provisions.
(a)Definitions. - As used in this section:
(1) "Foster child" means a minor
(i) over whom a guardian has been appointed by the clerk of superior court of any county in North Carolina;
or
(ii) the primary or sole custody of whom has been assigned by order of a court of competent jurisdiction.
(2) "Immediate family member" means a spouse, child (natural, adopted, or foster), or parent of the
insured person.
(3) "Placement in the foster home" means physically residing with the insured person appointed as the
guardian or custodian of a foster child or children as long as the insured person has assumed the legal obligation
for total or partial support of the foster child or children with the intent that the foster child or children
reside with the insured person on more than a temporary or short-term basis.
(b) Coverage. - Insurers may provide coverage for loss of income because of a voluntary, employer-approved leave
of absence granted upon the occurrence of any of the qualifying events in subsection (d) of this section. The insured
person shall not be required to meet any federal requirements in order to qualify for benefits provided by this
coverage. Benefits shall be paid to the creditor to reduce the insured person's indebtedness.
(c) Eligibility. - Coverage may be provided or offered to any debtor who has not yet reached his or her 71st birthday
and has been working for wages for at least 30 hours per week for the past five consecutive weeks.
(d) Qualifying Events. - Benefits shall be paid only for the following qualifying events:
(1) An accident involving sickness of, or incapacitation of, an immediate family member that requires the insured
person to attend to the family member's needs.
(2) Birth of a child or children of the insured person.
(3) Adoption of a child or children of the insured person.
(4) Placement in the foster home of a foster child or children.
(5) The insured person's principal residence is in a federally declared disaster area.
(6) The insured person is called to active military duty.
(7) The insured person is called to petit or grand jury duty.
(e) Exclusions. - Coverage shall not contain any exclusions except:
(1) Retirement of the insured person from employment.
(2) Voluntary resignation of the insured person from employment.
(3) Seasonal unemployment of the insured person.
(4) Involuntary unemployment of the insured person.
(5) Disability of the insured person.
(6) Employment termination because of willful or criminal misconduct of the insured person.
(f) Notice. - The insurer shall send a notice to the insured person at the insured person's home address to
inform the insured person that benefits have been paid, including the dates and the amount of payment. The notice
shall be sent to the insured person within 60 days after the last day of the benefit period.
(g) Minimum Amounts. - The minimum monthly benefit amount shall be level for the entire benefit period. The minimum
monthly benefit amount shall equal or exceed the minimum monthly payment required by the creditor, plus the premium
charge for the coverage attributable to the benefit period.
(h) Miscellaneous Provisions. - Any waiting period for benefits shall not exceed 30 days. The insured shall provide
satisfactory evidence of employer approval of qualified leave. Lump-sum benefits may be paid. Refunds of unearned
single premiums shall be equal to the pro rata unearned gross premium.
(i) Rates. - Premium rates shall be actuarially demonstrated to generate a sixty percent (60%) incurred loss ratio.
Joint coverage rates shall be one and two-thirds (1 2/3) times the approved single rate. Rates shall be filed for
approval before they can be used.
(j) Reports. - By March 31 of each year every insurer writing family leave coverage shall file a statistical report
of the past calendar year's actuarial experience for that coverage. The report shall demonstrate the actual experience
loss ratio for the calendar year and shall include the: number of insureds, total earned premium, total number
of incurred claims, total incurred claims, total number of incurred claims for each qualifying event, average monthly
benefit per claim for each qualifying event, and premium refunds.
14-190.9. Breastfeeding
(b) Notwithstanding any other provision of law, a woman may breast feed in any public or private location where
she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during
or incidental to the breast feeding.