§ 95-28.3. Leave for parent involvement in schools. - North Carolina Statutes

§95‑28.3.  Leave for parent involvement in schools.

(a)        It is the belief ofthe General Assembly that parent involvement is an essential component ofschool success and positive student outcomes. Therefore, employers shall grantfour hours per year leave to any employee who is a parent, guardian, or personstanding in loco parentis of a school‑aged child so that the employee mayattend or otherwise be involved at that child's school. However, any leaveunder this section is subject to the following conditions:

(1)        The leave shall beat a mutually agreed upon time between the employer and the employee.

(2)        The employer mayrequire an employee to provide the employer with a written request for theleave at least 48 hours before the time desired for the leave.

(3)        The employer mayrequire that the employee furnish written verification from the child's schoolthat the employee attended or was otherwise involved at that school during thetime of the leave.

For the purpose of thissection, "school" means any (i) public school, (ii) private churchschool, church of religious charter, or nonpublic school described in Parts 1and 2 of Article 39 of Chapter 115C of the General Statutes that regularlyprovides a course of grade school instruction, (iii) preschool, and (iv) childcare facility as defined in G.S. 110‑86(3).

(b)        Employers shall notdischarge, demote, or otherwise take an adverse employment action against anemployee who requests or takes leave under this section. Nothing in thissection shall require an employer to pay an employee for leave taken under thissection.

(c)        An employee who isdemoted or discharged or who has had an adverse employment action taken againsthim or her in violation of this section may bring a civil action within oneyear from the date of the alleged violation against the employer who violatesthis section and obtain either of the following:

(1)        Any wages orbenefits lost as a result of the violation; or

(2)        An order ofreinstatement without loss of position, seniority, wages, or benefits.

The burden of proof shall beupon the employee. (1993, c. 509, s. 1; 1997‑506, s. 34.)