The policy that became effective on July 1, 2023, reflected the new statute on paid parental leave. The statute is N.C.G.S. 126-8.6, added by N.C. Session Law 2023-14 (Senate Bill 20). The new statute became law on May 16, 2023 and became effective July 1, 2023. The State Human Resources Commission has also proposed a temporary rule, 25 NCAC 01E .1901-.1908.
This statute on paid parental leave was modified on June 29, 2023, when Session Law 2023-165 (House Bill 190) became law. The revised statute lifts the former statute’s limit on the amount of leave that can be provided to part-time employees. Under the revised statute, part-time State employees shall receive “a prorated amount of paid leave…, not to exceed eight weeks,” after giving birth, while new parents who have not given birth shall receive a prorated amount of paid leave “not to exceed four weeks.” This change of law became effective on July 1, 2023.
The State Human Resources Commission policy and proposed temporary rule were based on the statute as it existed at the time of the last Commission meeting, June 13, 2023, and have not yet been updated to reflect the new statute. OSHR recommended at the next Human Resources Commission meeting on August 7, 2023, that the policy and rule be amended to reflect the June 29 change in statute. That was approved on August 8, 2023. The proposed temporary rules are pending with the Rules Review Commission.
Because any statute overrides rules and policies, Human Resources staff should calculate paid parental leave for part-time employees based on the revised statutory formula described above, not the old formula listed in the policy and proposed temporary rule.