Bill Summaries: H 875 ENACT KINCARE AND SAFE DAYS.

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  • Summary date: May 5 2021 - More information

    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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