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Family and medical leave — North Carolina

North Carolina does not have a state family or medical leave law that applies to non-governmental employers; however, employers in North Carolina must comply with the federal Family and Medical Leave Act (FMLA).

FMLA requires that employers with 50 or more employees allow up to 12 weeks of unpaid leave per 12-month period in connection with the arrival of a new child (birth, adoption or foster), a serious health condition of the employee or certain family members or qualifying exigencies arising from certain family members’ active duty. Additionally, it requires up to 26 weeks of unpaid leave in a single 12-month period to care for qualified servicemembers or veterans (servicemember family leave).

Covered employers

The FMLA applies to non-governmental employers with 50 or more employees for each working day during at least 20 work weeks in the current or preceding calendar year. Certain governmental employers also are covered.

In determining whether an employer has 50 or more employees, all employees on the payroll at the time of the request for leave are counted. This includes part-time employees and employees on paid or unpaid leaves of absence, as long...


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