SB 458 — "KinCare & Safe Days" (North Carolina) — Summary
Status: Passed 1st Reading (filed/introduced 2024–25 session)
Subject areas: Employment, leave, personnel, family issues
Summary
SB 458 (the "KinCare Act") amends the North Carolina Wage and Hour Act (Chapter 95) by adding a new statutory sick‑leave provision (G.S. 95‑25.12A) that allows employees who already have sick leave to use accrued sick leave to care for family members. The bill also clarifies that existing protections for employees who use leave (anti‑retaliation) cover claims under the new section. The act is scheduled to take effect October 1, 2025.
Key provisions
- New statutory section: Adds G.S. 95‑25.12A (Sick leave plans) to Article 2A of Chapter 95.
- Right to use sick leave for family care:
- Any employer that provides compensated or uncompensated sick leave must permit an employee to use accrued sick leave to attend to the care of a “family member” for up to five consecutive days in a calendar year.
- Employer’s existing conditions and restrictions on sick‑leave use continue to apply to this family‑care use.
- Definitions (selected):
- “Family member” is broadly defined to include child (biological, foster, adopted, stepchild, legal ward, child of domestic partner, or in loco parentis), grandchild, sibling, spouse, domestic partner, civil union partner, parent (biological, foster, adoptive, stepparent, guardian), grandparent, certain in‑law and step relations, and “any other individual related by blood or whose close association is the equivalent of a family relationship.”
- “Sick leave” is defined to include leave for the employee’s own illness/injury, preventive care, pregnancy/medical exams, and leave necessary because the employee or a family member is a victim of stalking or domestic/sexual violence (for medical care, counseling, relocation, legal services, etc.).
- Limitations and exclusions:
- The provision does not create a new sick‑leave program — it applies only where an employer already provides sick leave.
- It does not extend or replace federal Family and Medical Leave Act (FMLA) entitlements (i.e., it does not increase the 12‑week FMLA cap).
- It does not apply to benefits governed by ERISA (employee welfare benefit plans) or to insurance, workers’ compensation, unemployment disability benefits, or benefits not payable from the employer’s general assets.
- Enforcement/retaliation: G.S. 95‑241(a)(1) (the anti‑retaliation provision) is amended to list G.S. 95‑25.12A among the laws for which an employee cannot be retaliated against for filing complaints or participating in investigations — preserving remedies for employees who assert rights under the new section.
- Effective date: October 1, 2025.
Who is affected
- Employees: Workers who already accrue sick leave will gain explicit statutory authority to use up to five consecutive days per calendar year of that leave to care for covered family members.
- Employers: Private employers, the State, and political subdivisions that provide sick leave will need to ensure their sick‑leave policies permit the family‑care uses described and that employees are not retaliated against for asserting these rights. Employers who do not offer sick leave are not required to provide it under this statute.
- No new paid‑leave mandate: The bill does not require employers to create paid sick‑leave programs where none exist; it only governs use of existing sick leave.
Potential impacts and considerations
- Access to family caregiving: Expands practical ability of employees to take short‑term sick leave for family caregiving and for needs related to victimization (domestic/sexual violence, stalking).
- Administrative: Employers may need to update sick‑leave policies and employee notices to reflect the new permitted use; payroll/HR adjustments should be modest where leave banks already exist.
- Interaction with other laws: Employers must coordinate this provision with existing leave laws and policies (e.g., FMLA, collective bargaining agreements, ERISA‑governed plans).
- Remedies: Employees retain statutory anti‑retaliation protections if they assert rights under the new section.
Statutory placement
- Adds § 95‑25.12A to Article 2A, Chapter 95, N.C. Gen. Statutes; updates G.S. 95‑241(a)(1) to reference the new section.
If you want, I can:
- Draft a one‑page employer checklist for compliance steps, or
- Compare this bill to existing sick‑leave laws in other states.
