Understanding
the Law

FEDERAL

Family Medical Leave Act- Employers are most likely familiar with the Family Medical Leave Act (FMLA), which requires private- sector employers with 50 or more employees, public sector employers, and public or private elementary and secondary schools to provide 12 weeks of unpaid leave in a 12-month period for one or more of the following reasons.

• The birth of a child or placement of a child with the employee for adoption or foster care;
• To care for a spouse, child, or parent who has a serious health condition;
• For a serious health condition that makes the employee unable to perform the essential job functions;
• Or for qualifying emergencies arising out of the fact that a spouse, child, or parent is a military member on covered active duty or call to covered active duty status.

Employees may be able to take 26 weeks of unpaid leave during a 12-month period to care for a covered service member with a serious injury or illness when the employee is the service member’s spouse, child, parent, or next of kin.

To receive FMLA, employees must have worked for an employer for at least 12 months and for at least 1,250 hours of service during the 12-month period immediately preceding the leave. FMLA is unpaid leave; there are no federal laws requiring paid leave following a birth or adoption. Similarly, there are no federal laws requiring paid medical leave (for an employee or a child) or parental leave. Covered employers are required to notify workers about the FMLA, including displaying an FMLA poster.

Since October 2020, under the Federal Employee Paid Leave Act, certain categories of federal civilian employees have access to 12 weeks of paid parental leave for birth, adoption or foster care.

STATE

Five states currently offer paid caregiver leave policies, which covers workers following a birth or adoption, and 11 states plus Washington, D.C. offer paid sick leave policies. However, North Carolina does not require employers to give mandatory paid vacation, sick or medical leave (for an employee or a child) or parental leave.

North Carolina is one of a handful of states that offer leave for parents to attend school-related events and activities, though the leave is not paid. Employers must provide employees with four unpaid hours each year.

North Carolina also requires all employers to provide unpaid leave to an employee to obtain a protective order or other relief from domestic violence. The statute does not define what amount of time is allowed, only that it be reasonable.

In May of 2019, NC Governor Cooper signed Executive Order No. 95 to provide state employees in cabinet agencies eight weeks of paid parental leave for employees who give birth, for adoption or foster care or other legal placement of a child. Other eligible state employees will receive four weeks of paid leave to bond with and care for the child. 

Finally, employees who are members of the North Carolina National Guard, a National Guard of another state, or in the US Military are eligible for unpaid leave for active or emergency military duty. The statute does not specify how much leave may be taken.