In North Carolina, there’s no state-mandated, tax-funded paid family leave program for the majority of workers. When one of your employees needs time off to get surgery, for example, or bond with their newborn, they have to use whatever paid time your business provides, then take federal leave if they qualify.
In this guide to North Carolina’s employee leave laws, we’ll explain who’s entitled to what, how federal leave functions, and why it’s a smart investment to implement a paid leave program in your own workplace. First, a quick refresher on what paid family leave programs look like.
What is paid family and medical leave (PFML)?
Paid family and medical leave (PFML) is just what it sounds like: paid time off work for family-related or medical reasons. Sixteen states and regions have passed PFML laws so far: California, Colorado, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington.
These programs—not all of which are active yet—give employers the structure and tools to offer paid leave, while giving employees crucial financial and practical support during tough life transitions.
How do state PFML programs work?
Every state program operates a little differently, but there are some common themes and offerings across them.
Qualifying leave situations | Length of leave | Wage replacement amount | Eligibility requirements | Program funding |
Most common: Bonding with a child, caring for a sick loved one, taking personal medical leave. Less common: Seeking safety services from abuse or assault, managing affairs for a military loved one, taking care of your baby in the NICU. | Most common: 12 weeks Less common: Up to 26 weeks | 50-90% of usual wages | Varies by state: employee status, hours of work, earnings threshold | Employer and employee contributions, between 0.5-1.2% of employees’ gross wages |
North Carolina has paid parental leave for state employees
North Carolina provides paid parental leave to public sector employees, including state agency workers and public university and school teachers. In a huge win for workers, the state recently expanded the amount of time employees can take for parental leave.
As part of the Public Workforce Modernization Act, starting October 1, 2026, eligible full-time state employees can take 12 weeks of paid parental leave after the birth, adoption, or placement of a child—paid at 100% of their regular pay.
Part-time employees get a prorated amount of leave. Before this update, eligible workers got four weeks off if they didn’t give birth and eight weeks if they did.
There’s no paid sick leave or paid disability leave in North Carolina
Paid parental leave for state workers is where North Carolina stops its mandated leave offerings. The Tar Heel State doesn’t require private employers to offer workers any form of paid or unpaid leave, be it earned sick time, short-term disability, or even bereavement leave.
Each employer sets their own leave policies and terms.
How federal leave works in North Carolina
Even though North Carolina doesn’t have state leave policies supporting private sector workers, workers in North Carolina are still entitled to federal leave—assuming they qualify. The Family and Medical Leave Act (FMLA) requires all employers with at least 50 employees to give them 12 weeks of unpaid leave for qualifying life events.
FMLA leave qualifying situations
Bonding with a newborn, adopted, and fostered child
Caring for a spouse, child, or parent with a serious health condition
Managing a serious personal health condition
Managing affairs when a spouse, child, or parent is on or called to active duty
FMLA leave eligibility requirements
Work for an employer for at least 12 months, consecutively or non-consecutively
Work at least 1,250 hours in the 12 months before leave begins
Work at a location where the employer has at least 50 employees within 75 miles
How to comply with FMLA leave requirements
If you have 50 or more employees working within 75 miles, you’re a covered employer under FMLA—and you have to follow the law.
In a nutshell, that means:
Not denying anyone their rightful leave
Not discriminating or retaliating against anyone for taking leave
Notifying employees of their leave rights
Reviewing employee leave requests
Completing (and saving) FMLA paperwork
Honoring employee protections during leave
Let’s dig deeper on what you’re responsible for.
1. Notify employees about FMLA
You have to:
Hang an FMLA poster in your workplace explaining what FMLA leave is and how to qualify.
Give written notice to FMLA-eligible employees explaining how and when to request a leave.
Give written notice to new hires explaining what it takes to qualify for leave.
2. Review employee leave requests and fill out the corresponding paperwork
Any time your employees request leave, you have five business days to fill out a form that breaks down the employee’s leave details, then return it to your employee. It’s called the Rights and Responsibilities Notice. When you fill it out, you’ll indicate:
The reason your employee needs leave
Whether or not your employee is officially eligible for leave
Whether or not your employee needs to supply additional documentation to approve the leave
Your employee’s right to continued health insurance and job protection
The 12-month period in which your employee’s leave can take place
Your employee’s expected leave start and return dates
Your employee’s right to substitute PTO for FMLA leave, and whether or not you’ll require that
3. Approve or deny employee leave requests
After you hand your employees the Rights and Responsibilities Notice, you’ll wait for them to return any additional paperwork to you, like medical certification documents confirming they need time off work.
Once you get those extra papers, you’ll fill out the Designation Notice, which either confirms that your employee’s leave officially counts as FMLA leave or denies them their leave (if, say, they’re not eligible or the leave isn’t certifiable). It’s due within five business days.
4. Save copies of FMLA papers
Along with copies of the written notices, Rights and Responsibilities Notice, and Designation Notice, make sure you keep thorough records of employee paystubs, timesheets, and official requests for leave.
5. Maintain FMLA-guaranteed employee protections
By law, employees who take FMLA leave are entitled to continued health insurance and job protection, both of which are vital to their well-being and financial security. Keep paying your employees’ health insurance premiums and put a plan in place to reinstate them to their positions after leave.
What happens when North Carolinians don’t have access to paid leave?
When workers in North Carolina don’t have options for taking leave, they're forced into compromising and sometimes dangerous situations.
Think about it: if employees can’t take sufficient time off after giving birth or receiving a serious medical diagnosis, they might end up sacrificing their health just to keep their jobs. Or the opposite happens: employees quit because they physically or logistically can’t work, and then they lose their job stability and income for the foreseeable future.
Both outcomes hurt your business. It doesn’t serve your customers, long-term growth, or bottom line to employ people who are financially stressed or physically rundown—or both. Every worker will likely have to take a leave of absence at least once in their careers, and they need real support and encouragement from their employers to do it.
Until North Carolina passes a statewide PFML law, it’s up to you to provide your employees with paid leave. Giving your workers permission (and regular paychecks) to take care of themselves and their families during sensitive times is invaluable. You’ll see happier, healthier employees; higher workplace productivity rates; increased long-term retention rates; and easier recruitment and hiring.
If you’re not sure where to start, read our guide to creating a paid parental leave policy, then talk with your insurance broker to ask about PFML insurance products you can purchase for your workforce.
North Carolina business guides
Save these resources to make sure you’re taking advantage of state offerings and keeping compliant along the way.
