Adds new Article 24, Caregiver Relief Act, to GS Chapter 95. Provides under state law for caregivers who provide direct care to certain family members to take leave time in instances where leave would not be available to the caregivers under federal law. Provides that the following definitions apply under this proposed Article: (1) Department is the Department of Labor, (2) FMLA—the federal Family and Medical Leave Act of 1993, 29 USC § 2601, et seq., as amended, (3) eligible employee—as defined in the FMLA at 29 USC § 2611(2), as amended, (4) grandchild—the child of a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis to the employee, and (5) grandparent—the parent of a parent as defined by 29 USC § 2611(7) as amended. Under federal law, the FMLA specifies the family members for which an eligible employee may take leave to provide care; this act provides that an employer required to comply with the FMLA is to provide the same leave to an eligible employee for certain family members in need of care as identified in this statute whose need for care does not support leave under the FMLA. Provides that an eligible employee who takes leave under this provision is entitled to the same protections and rights that an eligible employee is entitled to under the FMLA, 29 USC §§ 2614 and 2615. Provides that any right or obligation under this Article is enforceable by a civil action in addition to any other remedies at law or equity. Provides that this Article applies to all employers in the state who are subject to the FMLA. Makes a conforming change to GS 95-241(a). Effective January 1, 2012, and applies to covered and eligible employees on or after that date. Includes several whereas clauses.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 20 2011)
Bill S 754 (2011-2012)Summary date: Apr 20 2011 - View Summary