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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
North Carolina law doesn’t require private employers to pay employees for jury duty.
North Carolina law requires state employees to be paid for jury duty. Jurors also keep fees paid by the court for jury duty.
Voting
North Carolina doesn’t have a time-off-for-voting provision.
Leave for victims
Employers may not take an employment action against an employee because the employee took reasonable time off from work to obtain, or try to obtain, relief due to being a victim of domestic violence or sexual assault (including stalking).
Employees are to follow your usual time-off policy or procedure, including advance notice, when required, unless an emergency prevents such a notice. You may require documentation of any emergency that prevented the employee from complying with your policy or procedure.
Parent involvement in schools
The state provisions do not specify any definition for which employers are covered for the leave for parent involvement in schools.
Employee eligibility
The state provisions do not specify any definition for this specific requirement.
Leave entitlement
Employers must grant four hours of leave per year 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:
- 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 that the employee attended or was otherwise involved at that school during the time of the leave.
Type of leave
This law provides for leave only for parent involvement in schools.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on parental leave.
Job restoration
Employers must not discharge, demote, or otherwise take an adverse employment action against an employee who requests or takes parental leave.
Notice
Employers may require an employee to provide a written request for the leave at least 48 hours before the time desired for the leave. Employers may also 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.
State
Contacts
Jury duty
Voting
None
Victim of domestic violence
Parental involvement in schools
Regulations
Jury duty
NC General Statute – Chapter 9, Article 5 (§9-32)
Administrative Code Title 25 (25 NCAC 01E.1001)
Voting
None
Victim of domestic violence
NC General Statute - Chapter 50B - Employment discrimination unlawful (§50B-5.5)
Parental involvement in schools
NC General Statute - Chapter 95 - Leave for parent involvement in schools (§95-28.3)
see also: www.nclabor.com/wh/fact%20sheets/child_involvement.htm
Federal
Contacts
None.
Statutes/Regulations
None.