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The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a “qualifying exigency” arising out of the foreign deployment of the employee’s spouse, son, daughter, or parent. FMLA leave for this purpose is called qualifying exigency leave. 

Family Illness Leave is provided for an employee to care for the employee’s child, parent, or spouse when that child, parent, or spouse has a serious health condition.

Session Law 2018-5 (the 2018 Appropriations Act) granted a one-time five days (40 hours) of Special Annual Leave Bonus, effective July 1, 2018, to eligible State employees. The leave shall remain available during the length of the employee's employment, notwithstanding any other limitation on the total number of days of annual leave that may be carried forward. This leave has no cash value and is not eligible for cash-in. If not used prior to the time of separation or retirement, the special annual leave bonus cannot be paid out and is lost.

This policy covers how employees may be paid for working while also attempting to receive paid leave.

The Human Resources Act provides that the Human Resources Commission will establish a holiday schedule that will not exceed 12 paid holidays per year and will include Martin Luther King Jr.’s Birthday, Veterans Day, and three days for Christmas.

Incentive leave may be used as a recruitment tool to assist in the employment of qualified individuals who are middle or late career applicants employed outside of State government and who are interested in accepting employment with the State of North Carolina.

Leave without pay may be granted for illness, education purposes, vacation, or for any other reasons deemed justified by the agency head. Special provisions for leave without pay for military, family and medical, and workers’ compensation are covered in respective policies. Parental leave without pay for employees not eligible for FMLA leave is covered at the end of this policy.

Leave will be granted to employees of the state for certain periods of service in the uniformed services. No agent or employee of the State shall discriminate against any employee of the state or applicant for state employment because of their membership, application for membership, performance of service, application for service, or obligation for service in the Uniformed Services.

In addition to the types of leave described in separate policies, management may approve paid time off for employees to participate in specified state-related activities or because of natural or other emergencies. This policy summarizes the only acceptable reasons for approving other paid time off.

Note: Vacation, Sick, Adverse Weather, Civil, Community Service, Educational, Employee Transfer (relocating), Military, Workers’ Compensation, Special Leave Awards, and Communicable Disease Leaves are in separate policies.

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