North Carolina 2025-2026 Regular Session

North Carolina House Bill H398 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 398
	3	+	H D
	4	+	HOUSE BILL DRH30175-LR-103
	5	+
5	6
6	7
7	8		Short Title: Enact KinCare & Safe Days. (Public)
8		-	Sponsors: Representatives Cunningham, Carney, Quick, and K. Brown (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	March 17, 2025
12		-	H398 -v-1
	9	+	Sponsors: Representative Cunningham.
	10	+	Referred to:
	11	+
	12	+	DRH30175 -LR-103
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT AMENDING THE WAGE AND HOUR ACT TO ALLOW EMPLOYEES TO USE 2
15	15		SICK LEAVE FOR THE CARE OF FAMILY MEMBERS. 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		SECTION 1. This act shall be known and may be cited as the "KinCare Act." 5
18	18		SECTION 2. Article 2A of Chapter 95 of the General Statutes is amended by adding 6
19	19		a new section to read: 7
20	20		"§ 95-25.12A. Sick leave plans. 8
21	21		(a) The following definitions apply in this section: 9
22	22		(1) Child. – A biological, foster, or adopted child; a stepchild; a legal ward; a child 10
23	23		of a domestic partner; or a child of a person standing in loco parentis. 11
24	24		(2) Employer. – Any person employing another under any appointment or 12
25	25		contract of hire. The term includes the State and any political subdivision of 13
26	26		the State. 14
27	27		(3) Family member. – A child, grandchild, sibling, spouse, domestic partner, civil 15
28	28		union partner, parent, or grandparent of an employee; or a spouse, domestic 16
29	29		partner, or civil union partner of a parent or grandparent of the employee; or 17
30	30		a sibling of a spouse, domestic partner, or civil union partner of the employee; 18
31	31		or any other individual related by blood to the employee or whose close 19
32	32		association with the employee is the equivalent of a family relationship. 20
33	33		(4) Parent. – A biological, foster, or adoptive parent; a stepparent; or a legal 21
34	34		guardian. 22
35	35		(5) Sick leave. – Accrued increments of compensated or uncompensated job 23
36	36		protected leave provided by an employer to an employee as a benefit of the 24
37	37		employment for use by the employee during an absence from the employment 25
38	38		for any of the following reasons: 26
39	39		a. The employee is physically or mentally unable to perform his or her 27
40	40		duties due to illness, injury, or a medical condition of the employee. 28
41	41		b. The absence is for the purpose of obtaining preventive health care or 29
42	42		professional diagnosis or treatment for a medical condition of the 30
43	43		employee. 31
44	44		c. The absence is for other medical reasons of the employee, such as 32
45	45		pregnancy or obtaining a physical examination. 33
46	46		d. The absence is necessary due to circumstances resulting from the 34
47		-	employee, or a family member of the employee, being a victim of 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 398-First Edition
49		-	stalking or domestic or sexual violence, if the leave is to allow the 1
50		-	employee to obtain for the employee or the family member medical 2
51		-	attention needed to recover from physical or psychological injury or 3
52		-	disability caused by stalking or domestic or sexual violence, services 4
53		-	from a designated domestic violence agency or other victim services 5
54		-	organization, psychological or other counseling, relocation, or legal 6
55		-	services, including obtaining a restraining order or preparing for, or 7
56		-	participating in, any civil or criminal legal proceeding related to the 8
57		-	stalking or domestic or sexual violence. 9
58		-	(b) Any employer who provides compensated or uncompensated job protected sick leave 10
59		-	for employees shall permit an employee to use, in any calendar year, the employee's accrued and 11
60		-	available sick leave entitlement to attend to the care of a family member for no more than five 12
61		-	consecutive days. All conditions and restrictions placed by the employer upon the use by an 13
62		-	employee of sick leave also shall apply to the use by an employee of sick leave to attend to the 14
63		-	care of a family member. 15
64		-	(c) This section does not extend the maximum period of leave to which an employee is 16
65		-	entitled under the federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2606, et seq.), 17
66		-	regardless of whether the employee receives sick leave compensation during that leave. 18
67		-	(d) This section does not apply to any of the following: 19
68		-	(1) Any benefit provided under an employee welfare benefit plan subject to the 20
69		-	federal Employee Retirement Income Security Act of 1974 (Public Law 21
70		-	93-406, as amended). 22
71		-	(2) Any insurance benefit, workers' compensation benefit, unemployment 23
72		-	compensation disability benefit, or other benefit not payable from the 24
73		-	employer's general assets. 25
74		-	(e) The rights and remedies specified in this section are cumulative and nonexclusive and 26
75		-	are in addition to any other rights or remedies afforded by contract or under other provisions of 27
76		-	law." 28
77		-	SECTION 3. G.S. 95-241(a)(1) reads as rewritten: 29
78		-	"(a) No person shall discriminate or take any retaliatory action against an employee 30
79		-	because the employee in good faith does or threatens to do any of the following: 31
80		-	(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 32
81		-	proceeding or other action, or testify or provide information to any person 33
82		-	with respect to any of the following: 34
83		-	a. Chapter 97 of the General Statutes. 35
84		-	b. Article 2A or Article 16 of this Chapter. 36
85		-	c. Article 2A of Chapter 74 of the General Statutes. 37
86		-	d. G.S. 95-28.1. 38
87		-	e. Article 16 of Chapter 127A of the General Statutes. 39
88		-	f. G.S. 95-28.1A. 40
89		-	g. Article 52 of Chapter 143 of the General Statutes. 41
90		-	h. Article 5F of Chapter 90 of the General Statutes. 42
91		-	i. G.S. 95-25.12A." 43
92		-	SECTION 4. This act becomes effective October 1, 2025. 44
	47	+	employee, or a family member of the employee, being a victim of 35
	48	+	stalking or domestic or sexual violence, if the leave is to allow the 36
	49	+	H.B. 398
	50	+	Mar 13, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30175-LR-103
	53	+	employee to obtain for the employee or the family member medical 1
	54	+	attention needed to recover from physical or psychological injury or 2
	55	+	disability caused by stalking or domestic or sexual violence, services 3
	56	+	from a designated domestic violence agency or other victim services 4
	57	+	organization, psychological or other counseling, relocation, or legal 5
	58	+	services, including obtaining a restraining order or preparing for, or 6
	59	+	participating in, any civil or criminal legal proceeding related to the 7
	60	+	stalking or domestic or sexual violence. 8
	61	+	(b) Any employer who provides compensated or uncompensated job protected sick leave 9
	62	+	for employees shall permit an employee to use, in any calendar year, the employee's accrued and 10
	63	+	available sick leave entitlement to attend to the care of a family member for no more than five 11
	64	+	consecutive days. All conditions and restrictions placed by the employer upon the use by an 12
	65	+	employee of sick leave also shall apply to the use by an employee of sick leave to attend to the 13
	66	+	care of a family member. 14
	67	+	(c) This section does not extend the maximum period of leave to which an employee is 15
	68	+	entitled under the federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2606, et seq.), 16
	69	+	regardless of whether the employee receives sick leave compensation during that leave. 17
	70	+	(d) This section does not apply to any of the following: 18
	71	+	(1) Any benefit provided under an employee welfare benefit plan subject to the 19
	72	+	federal Employee Retirement Income Security Act of 1974 (Public Law 20
	73	+	93-406, as amended). 21
	74	+	(2) Any insurance benefit, workers' compensation benefit, unemployment 22
	75	+	compensation disability benefit, or other benefit not payable from the 23
	76	+	employer's general assets. 24
	77	+	(e) The rights and remedies specified in this section are cumulative and nonexclusive and 25
	78	+	are in addition to any other rights or remedies afforded by contract or under other provisions of 26
	79	+	law." 27
	80	+	SECTION 3. G.S. 95-241(a)(1) reads as rewritten: 28
	81	+	"(a) No person shall discriminate or take any retaliatory action against an employee 29
	82	+	because the employee in good faith does or threatens to do any of the following: 30
	83	+	(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 31
	84	+	proceeding or other action, or testify or provide information to any person 32
	85	+	with respect to any of the following: 33
	86	+	a. Chapter 97 of the General Statutes. 34
	87	+	b. Article 2A or Article 16 of this Chapter. 35
	88	+	c. Article 2A of Chapter 74 of the General Statutes. 36
	89	+	d. G.S. 95-28.1. 37
	90	+	e. Article 16 of Chapter 127A of the General Statutes. 38
	91	+	f. G.S. 95-28.1A. 39
	92	+	g. Article 52 of Chapter 143 of the General Statutes. 40
	93	+	h. Article 5F of Chapter 90 of the General Statutes. 41
	94	+	i. G.S. 95-25.12A." 42
	95	+	SECTION 4. This act becomes effective October 1, 2025. 43