Bill Summaries: H1046 COVID-19 PAID SICK LEAVE.

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  • Summary date: Apr 28 2020 - View Summary

    Establishes legislative findings regarding the COVID-19 emergency impact and response.

    Mandates employers to provide at least two weeks of COVID-19 paid sick leave to each full-time employee and the equivalent of a typical two-week period for part-time employees working for the employer for the following six reasons: (1) the employee is subject to federal, state, or local quarantine or isolation order; (2) the employee has been advised by a health care provider to self-quarantine; (3) the employee is experiencing COVID-19 symptoms and seeking a medical diagnosis; (4) the employee is caring for an individual subject to a quarantine or isolation order or has been advised by a health care provider to self-quarantine; (5) the employee is caring for a son or daughter of the employee if the school or place of care of the son or daughter has been closed or a child care provider is unavailable due to COVID-19 precautions; or (6) the employee is experiencing any other substantially similar condition specified by US DHHS in consultation with the US Secretary of Treasury and US Secretary of Labor. Defines employer to include any individual, organization, or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier in rail, motor, water, or air or express company doing business or operating within the state.

    Requires employers to pay employees for earned sick leave at the same rate of pay with the same benefits as the employee normally earns. Requires COVID-19 paid sick time to be paid on the same schedule and in the same paycheck as regular wages. Prohibits employers from delaying COVID-19 sick time compensation.

    Prohibits employers from requiring employees to use other paid leave prior to using COVID-19 paid sick leave or requiring employees to find a replacement to cover his or her scheduled work hours.

    Explicitly prohibits retaliation by an employer against an employee for taking COVID-19 sick leave, as specified.

    Deems violation of the act a failure to meet the wage payment requirements of Article 2A of GS Chapter 95, the NC Wage and Hour Act.

    Requires employers to provide written notice to employees of the rights and remedies provided under the act.

    Details construction of the act relating to collective bargaining rights and employer policy.

    Effective April 1, 2020, through December 31, 2020, and applies to employers employing 500 or more employees in the state on April 1, 2020.