Payroll and Benefits Guide United States – North Carolina

Annual Leave (vacation)

North Carolina does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to decide whether to offer paid or unpaid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA-eligible employees are entitled to:

• Twelve working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave for a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

Maternity Leave

See Sick Leave above.

The Federal FMLA provides qualified employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, including maternity leave.

Paternity Leave

See Sick Leave above.

The Federal FMLA provides qualified employees with up to 12 weeks of unpaid job-protected leave per year for certain family and medical reasons, including paternity leave.

Parental Leave

See Sick Leave above.

The Federal FMLA provides qualified employees with up to 12 weeks of unpaid job-protected leave per year for certain family and medical reasons, including parental leave.

In North Carolina, there is an additional law for parental involvement leave, which entitles the parents/carers to up to four hours of unpaid leave to attend a child’s school activities.

Other Leave

Jury Service – North Carolina law states that all employers must provide their full-time employees job-protected but unpaid time off from work to perform their duty as jurors or as a witness in a case, responding to a subpoena; or acting as a plaintiff or defendant in the courts. Employees must provide a copy of the jury summons to the employer as evidence of requirement.

Voting leave – North Carolina law requires all employers to grant their employees who are registered to vote up to four hours of paid leave to vote in any municipal, county, state, federal primary, or general election.

In addition to the federal law USERRA, North Carolina law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.

It also entitles members of the National Guard or the U.S. armed forces to attend military training for up to 15 days of unpaid leave per year.

These members also have reinstatement rights to their former positions if they are still qualified and have satisfactorily completed the training.

North Carolina law also provides reemployment rights for members of the North Carolina National Guard (or of another state) who are honorably discharged, discrimination protections for members of the National Guard, and leave for members of the U.S. military for emergency military duty.