AN ACT AMENDING THE WAGE AND HOUR ACT TO ALLOW EMPLOYEES TO USE SICK LEAVE FOR THE CARE OF FAMILY MEMBERS.
Establishes the act as the “KinCare Act.” Amends Article 2A of GS Chapter 95 (Wage and Hour Act) by adding GS 95-25.12A to do the following:
(1) Define “child,” “employer,” “family member,” “parent,” and “sick leave;”
(2) Require that employers who provide sick leave to employees must permit employees to use up to five consecutive sick leave days to tend to the care of a family member;
(3) Provide that all conditions and restrictions on employees’ use of sick leave apply to employees’ use of sick leave to care for family members;
(4) Clarifies that this section does not extend the maximum period of leave employees are entitled to under the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2606);
(5) Excludes benefits provided under any employee welfare benefit plans subject to the Employee Retirement Income Security Act of 1974 (Public Law 93-406), insurance benefits, worker’s compensation benefits, unemployment compensation disability benefits, or other benefits not payable from the employer’s general assets from the provisions of this section; and
(6) Provides that rights under this section are cumulative and nonexclusive.
Amends GS 95-241(a)(1) by prohibiting employers from discriminating or retaliating against employees for filing a claim or complaint, instituting an investigation or other action, or testifying or providing information to any person relating to new GS 95-25.12A.
Effective October 1, 2021.
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