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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are 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.
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.
Paid time off (PTO)
North Carolina law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
If an employer establishes a vacation policy, the policy must address:
- How and when vacation is earned so that the employees know the amount of vacation to which they are entitled;
- Whether or not vacation time may be carried forward from one year to another, and if so, in what amount;
- When vacation time must be taken;
- When and if vacation pay may be paid in lieu of time off; and
- Under what conditions vacation pay will be forfeited upon discontinuation of employment for any reason.
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 employee family illness leave
In addition to the 12 weeks of leave per year provided by the federal FMLA (which is similar to state statutes), state employees are entitled to up to 52 weeks of leave without pay during a five-year period in order to care for the employee's child, spouse, or parent, when that child, spouse, or parent has a serious health condition.
This leave is available to employees who qualify for federal FMLA.
The same provisions and procedures apply to this additional leave that apply to the 12 weeks, except the following:
- A part-time employee is entitled to 52 weeks, regardless of their work schedule.
- During this period of leave without pay, employees must pay the health plan premiums if they choose to maintain coverage.
- This period of leave may be accounted for separate from the 12 weeks under the FMLA. It does not affect the method used to determine the 12-month period.
- The five-year period begins on the date that the employee uses the 52-week provision.
Voting
North Carolina doesn’t have a time-off-for-voting provision.
State
Contact
North Carolina Department of Labor
Regulations
Wage and Hour Act
NC General Statute – Chapter 95, Article 2A – Vacation Pay (§95-25.12)
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-25.12.html
NC Administrative Code – Title 13 – Vacation Pay (13 NCAC 12.0306)
http://ncrules.state.nc.us/ncac/title%2013%20-%20labor/chapter%2012%20-%20wage%20and%20hour/13%20ncac%2012%20.0306.html
Federal
Contacts
None.
Regulations
None.