North Carolina Leave of Absence (FMLA) laws & compensation compliance analysis

North Carolina Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, North Carolina does not have such a law.
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Family and medical leave—public employers. North Carolina follows the federal FMLA, with some exceptions, discussed below (NC Admin. Code Tit. 25 Sec. 1E.1401 et seq.).
Eligible employees. An employee who has been employed for at least 12 months and for at least 1,040 hours during the previous 12-month period is entitled to 12 weeks' leave during any 12-month period.
A temporary employee is covered if the employee has worked at least 1,250 hours during the past 12-month period. Any leave granted to a temporary employee is unpaid. This also applies to intermittent appointments.
Leave for employees not eligible for FMLA. State employees who do not qualify for FMLA leave may use sick leave to care for their newborn or newly adopted child.
The leave may be used as follows (NC Admin. Code Tit. 25 Sec. 1E.1102, Sec. 1E.1110):
• Parents or members of the immediate family may take sick leave for the whole period of temporary pregnancy-related disability.
• Parents may take up to 30 days of sick leave for adoptive purposes.
• Biological mothers may take leave for the whole period of disability not covered by sick leave either because the employee has exhausted all of her sick leave or because she wants to retain her sick leave. A doctor's certification is required to verify the period of disability.
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