Are you welcoming a new child into your family? If you are, you are probably full of excitement and questions.
The big question is, How do you balance work with pregnancy or a new baby?
Many employees have rights to unpaid leave and job protection, while others have rights to North Carolina paid family leave.
Understanding your rights as an employee while you tend to a pregnancy or a new child can be daunting.
The FMLA allows eligible employees in public agencies, schools, and companies with 50+ employees within 75 miles to take up to 12 weeks of unpaid leave in a 12-month period for reasons like serious illness, childbirth, or caregiving. Some states and employers offer paid maternity leave.
FMLA provides up to 12 weeks of unpaid leave for new and adoptive parents. Paid leave programs vary from several days to a full year.
At EMP Law, we’re here to help. Our skilled employment attorneys are determined and able to create safe working environments for multitudes of North Carolinians.
Call (336) 724-2828 or contact us online today for a consultation.
With offices in Winston-Salem and Charlotte, we help employees throughout North Carolina.
Key Points
- North Carolina does not have a statewide paid family leave law, so most employees rely on the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave in a 12-month period.
- FMLA eligibility has specific requirements, including working for an employer with at least 50 employees within 75 miles, having worked at least 12 months for that employer, and having logged at least 1,250 hours in the past year.
- State employees may qualify for North Carolina Paid Parental Leave (PPL), which covers birth, adoption, foster placement, and legal placement — providing eight weeks of fully paid leave for employees who give birth and four weeks for all other qualifying parents.
- FMLA leave is unpaid, but employees may be able to supplement it with employer-provided short-term disability insurance or accrued paid time off to cover some or all of the leave period.
- If an eligible employer denies a valid leave request, employees have legal options, including filing a retaliation complaint with the U.S. Equal Employment Opportunity Commission — and an employment attorney can help determine the right course of action.
Laws Regarding Paternity and Maternity Leave in North Carolina
Your rights to maternity and paternity leave depend on what kind of job you have. Many employee rights come from federal law.
And there are some additional state benefits for a select number of employees.
Federal Parental Leave Rights
Out of the available leave laws, the United States Family and Medical Leave Act (FMLA) gives maternity and paternity leave rights to the largest number of employees in North Carolina.
The FMLA gives employees the right to take leave from work to handle many personal health matters, including:
- Giving birth to a child;
- Caring for a child in the child’s first year of life;
- Caring for an immediate family member who has a serious health condition;
- Responding to an exigent matter involving a family member in the military;
- Welcoming an adoptive or foster child; and
- Tending an employee’s own serious health condition.
Pregnancy qualifies as a serious health condition covered by the FMLA in many instances. If you take leave under the FMLA, your North Carolina employer must hold your job and your benefits while you are on leave and restore your job and benefits when you return.
There are some eligibility requirements you must meet before you can claim parental leave under the FMLA.
To claim FMLA rights:
- Your employer must have at least 50 employees;
- You have to have worked for your employer for at least 12 months; and
- You have to have worked for your employer for at least 1,250 hours in the last 12 months.
If there are not 50 employees in your workplace, do not conclude too quickly that you don’t have FMLA rights. If your employer has a total of 50 employees working within 75 miles of each other, they fulfill the 50-employee requirement.
State Parental Leave Rights
If you are a state employee, you have access to North Carolina Paid Parental Leave (PPL) benefits. An employee who wants to receive North Carolina paid family leave under PPL must work for one of the state cabinet agencies or another state agency that opted to provide the benefits.
You must also have worked 1,040 hours in the past 12 months and be in a permanent or time-limited position to be eligible.
If you are an eligible employee, you can receive PPL benefits for:
- Becoming a parent by birth;
- Becoming a foster parent;
- Becoming a parent by legal placement; or
- Becoming an adoptive parent.
If you are not pregnant but your significant other is pregnant with your child, you do not have to be married to receive PPL. You can prove your eligibility by providing acceptable certifying documentation that shows you are the other parent. A skilled North Carolina attorney can help you gather and properly present all necessary eligibility documentation.
If you are not an eligible state employee or your employer doesn’t have an independent leave policy, your rights to parental leave are under the federal FMLA.
Pregnancy Discrimination Act (PDA) — Protection for Pregnant Employees
The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees, a significantly lower threshold than the FMLA’s 50-employee requirement, meaning it protects a much larger group of North Carolina workers.
Under the PDA, an employer cannot:
- Refuse to hire or promote someone because they are pregnant
- Fire, demote, or reduce pay because of pregnancy or a pregnancy-related condition
- Deny the same benefits it provides to other temporarily disabled employees
- Require a pregnant employee to take leave if she is able to perform her job
That last point is important: the PDA requires employers to treat pregnancy-related leave in the same manner as other medical leave and requires employers to treat employees who cannot work due to pregnancy the same as employees who cannot work due to other temporary disabilities. So if your employer allows employees to work modified duties after surgery or a broken bone, it generally must offer comparable treatment to pregnant employees who have temporary physical limitations.
The PDA does not require employers to provide paid leave. But it does require that pregnant employees not be treated worse than other employees with similar limitations.
How Long Is Maternity Leave in NC?
FMLA claimants can have up to 12 weeks of leave within a 12-month period.
If you seek benefits under PPL, the length of your leave depends on your circumstances. Employees who give birth receive eight weeks of leave within a 12-month period for recovery and family bonding. Employees who do not give birth receive four weeks of leave within a 12-month period for family bonding and childcare time.
Does North Carolina Have Paid Family Leave?
Only state employees who can receive benefits under PPL are entitled to paid paternity or maternity leave in North Carolina. PPL requires employers to pay 100% of an employee’s regular pay while they are on leave.
Leave under the FMLA is unpaid. If your employer provides short-term disability insurance or paid time off, you might be able to use those benefits to cover some or all of your FMLA leave.
Employer Violations of the Leave Laws
If you are eligible, but your employer denies your request for leave under state or federal law, you can sometimes file a retaliation complaint with the government. Complaints for violations of federal law go to the U.S. Equal Employment Opportunity Commission.
Speak to your attorney about filing complaints with the state. A good attorney knows when and how to use these resources to your greatest advantage.
Frequently Asked Questions About Maternity and Paternity Leave in NC
Does North Carolina require employers to provide paid maternity leave?
No, North Carolina does not have a state law requiring private sector employers to provide paid maternity or paternity leave. The only paid parental leave available under NC law is the Paid Parental Leave (PPL) program, which applies only to eligible state government employees. Private sector employees may be entitled to unpaid, job-protected leave under the federal FMLA and to workplace accommodations under the PWFA. Whether paid leave is available depends on the employer’s own policies, any short-term disability coverage the employer provides, or the employee’s accrued paid time off.
Can I be fired for being pregnant in North Carolina?
No. Federal law, specifically the Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from firing, demoting, or otherwise taking adverse employment action against an employee because of pregnancy, childbirth, or related medical conditions. If you are terminated during or shortly after pregnancy, and you believe pregnancy was a factor, you may have a discrimination claim. A charge must generally be filed with the EEOC within 180 days of the discriminatory act.
What is the PWFA and does it apply to my employer?
The Pregnant Workers Fairness Act (PWFA) is a federal law that took effect June 27, 2023. It requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would cause undue hardship. It applies to employers with 15 or more employees, which is a much lower threshold than FMLA. If you work for a company or organization with at least 15 employees, the PWFA likely applies to you.
Can my employer force me to take leave while I’m pregnant?
Generally, no — not under the PWFA. The PWFA specifically prohibits requiring leave if another reasonable accommodation would allow the employee to keep working. If your employer requires you to take unpaid leave when a job modification (such as reduced lifting or additional breaks) would address your limitation, that may violate the PWFA. The PDA similarly protects employees who are able to perform their job duties from being forced off work solely because of their pregnancy.
How do I apply for FMLA leave in North Carolina?
You notify your employer of your need for FMLA leave. The employer is responsible for determining whether you are eligible and designating leave as FMLA-protected. You may be asked to provide medical certification from a healthcare provider confirming the qualifying reason for leave. Your employer must notify you of your eligibility within 5 business days of your leave request. FMLA leave is administered by the employer there is no separate government application for private sector FMLA. If your employer is not responding to your request or denying FMLA leave you believe you are entitled to, a complaint can be filed with the U.S. Department of Labor’s Wage and Hour Division.
What rights do I have if my employer denies FMLA or PWFA leave?
If you are eligible for FMLA leave and your employer denies it, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division within 2 years of the violation (3 years if the violation was willful). If your employer violates the PWFA, including by denying a reasonable accommodation or retaliating against you, you can file a charge with the EEOC, generally within 180 days of the violation. In both cases, speaking with an employment attorney promptly is important to preserve your rights before deadlines expire.
Need Help with Maternity or Paternity Leave in NC? Talk to Our Skilled Attorneys
Our attorneys at EMP Law know how to protect and enforce your workplace rights.
We have over 140 years of combined experience, and we win case after case for wronged employees. Let us counsel you and resolve your legal issues in the way that is best for you.
You can call (336) 724-2828 or contact us online today for a consultation.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law, family law, and is experienced in criminal law.