North Carolina SB 458: GED HS Diploma/No Drug Convict/Bail Bondsman.
Status: Signed By Gov. 8/28/2009 (as of 2009-08-28)
State: North Carolina · Session: 2009 · Bill: SB 458
Subjects: BAIL, COURTS, CRIMINAL RECORDS, EDUCATION, EMPLOYMENT, LICENSING & CERTIFICATION, OCCUPATIONS, PRESENTED, PUBLIC, RATIFIED, SECONDARY EDUCATION, SURETY & FIDELITY, TITLE CHANGE, SEN. SWINDELL, RECORDS, CHAPTERED
Sponsors: Swindell
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 458 Short Title: Enact KinCare & Safe Days. (Public) Sponsors: Senators Chitlik, Batch, and Grafstein (Primary Sponsors). Referred to: Rules and Operations of the Senate March 25, 2025 *S458-v-1* A BILL TO BE ENTITLED 1 AN ACT AMENDING THE WAGE AND HOUR ACT TO ALLOW EMPLOYEES TO USE 2 SICK LEAVE FOR THE CARE OF FAMILY MEMBERS. 3 The General Assembly of North Carolina enacts: 4 SECTION 1. This act shall be known and may be cited as the "KinCare Act." 5 SECTION 2. Article 2A of Chapter 95 of the General Statutes is amended by adding 6 a new section to read: 7 "§ 95-25.12A. Sick leave plans. 8 (a) The following definitions apply in this section: 9 (1) Child. – A biological, foster, or adopted child; a stepchild; a legal ward; a child 10 of a domestic partner; or a child of a person standing in loco parentis. 11 (2) Employer. – Any person employing another under any appointment or 12 contract of hire. The term includes the State and any political subdivision of 13 the State. 14 (3) Family member. – A child, grandchild, sibling, spouse, domestic partner, civil 15 union partner, parent, or grandparent of an employee; or a spouse, domestic 16 partner, or civil union partner of a parent or grandparent of the employee; or 17 a sibling of a spouse, domestic partner, or civil union partner of the employee; 18 or any other individual related by blood to the employee or whose close 19 association with the employee is the equivalent of a family relationship. 20 (4) Parent. – A biological, foster, or adoptive parent; a stepparent; or a legal 21 guardian. 22 (5) Sick leave. – Accrued increments of compensated or uncompensated leave 23 provided by an employer to an employee as a benefit of the employment for 24 use by the employee during an absence from the employment for any of the 25 following reasons: 26 a. The employee is physically or mentally unable to perform his or her 27 duties due to illness, injury, or a medical condition of the employee. 28 b. The absence is for the purpose of obtaining preventive health care or 29 professional diagnosis or treatment for a medical condition of the 30 employee. 31 c. The absence is for other medical reasons of the employee, such as 32 pregnancy or obtaining a physical examination. 33 d. The absence is necessary due to circumstances resulting from the 34 employee, or a family member of the employee, being a victim of 35 stalking or domestic or sexual violence, if the leave is to allow the 36 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 458-First Edition employee to obtain for the employee or the family member medical 1 attention needed to recover from physical or psychological injury or 2 disability caused by stalking or domestic or sexual violence, services 3 from a designated domestic violence agency or other victim services 4 organization, psychological or other counseling, relocation, or legal 5 services, including obtaining a restraining order or preparing for, or 6 participating in, any civil or criminal legal proceeding related to the 7 stalking or domestic or sexual violence. 8 (b) Any employer who provides compensated or uncompensated sick leave for 9 employees shall permit an employee to use, in any calendar year, the employee's accrued and 10 available sick leave entitlement to attend to the care of a family member for no more than five 11 consecutive days. All conditions and restrictions placed by the employer upon the use by an 12 employee of sick leave also shall apply to the use by an employee of sick leave to attend to the 13 care of a family member. 14 (c) This section does not extend the maximum period of leave to which an employee is 15 entitled under the federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2606, et seq.), 16 regardless of whether the employee receives sick leave compensation during that leave. 17 (d) This section does not apply to any of the following: 18 (1) Any benefit provided under an employee welfare benefit plan subject to the 19 federal Employee Retirement Income Security Act of 1974 (P.L. 93-406, as 20 amended). 21 (2) Any insurance benefit, workers' compensation benefit, unemployment 22 compensation disability benefit, or other benefit not payable from the 23 employer's general assets. 24 (e) The rights and remedies specified in this section are cumulative and nonexclusive and 25 are in addition to any other rights or remedies afforded by contract or under other provisions of 26 law." 27 SECTION 3. G.S. 95-241(a)(1) reads as rewritten: 28 "(a) No person shall discriminate or take any retaliatory action against an employee 29 because the employee in good faith does or threatens to do any of the following: 30 (1) File a claim or complaint, initiate any inquiry, investigation, inspection, 31 proceeding or other action, or testify or provide information to any person 32 with respect to any of the following: 33 a. Chapter 97 of the General Statutes.
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