13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT PROVIDING STATE EMPLOYEES PAID WITH BEREAVEMENT LEAVE OF UP 2 |
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15 | 15 | | TO FORTY HOURS ON DEATH OF AN IMMEDIATE FAMILY MEMBER AND EIGHT 3 |
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16 | 16 | | HOURS ON DEATH OF A COLLEAGUE AND APPROPRIATING FUNDS FOR THAT 4 |
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17 | 17 | | PURPOSE. 5 |
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18 | 18 | | The General Assembly of North Carolina enacts: 6 |
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19 | 19 | | SECTION 1.(a) Effective July 1, 2025, Article 2 of Chapter 126 of the General 7 |
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20 | 20 | | Statutes is amended by adding a new section to read: 8 |
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21 | 21 | | "§ 126-8.7. Paid bereavement leave. 9 |
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22 | 22 | | (a) The following definitions apply in this section: 10 |
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23 | 23 | | (1) Colleague. – A coworker with whom the employee worked at the employee's 11 |
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24 | 24 | | current agency, if the coworker worked for the agency within one year of their 12 |
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25 | 25 | | death. 13 |
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26 | 26 | | (2) Immediate family member. – A spouse, parent, child, sibling, grandparent, 14 |
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27 | 27 | | grandchild, or dependent living in the employee's household. The term 15 |
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28 | 28 | | includes the step, half, adoptive, foster, in-law, legal ward, and in loco parentis 16 |
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29 | 29 | | relationships. 17 |
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30 | 30 | | (b) The State Human Resources Commission (Commission) shall adopt rules and policies 18 |
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31 | 31 | | to provide that a permanent, probationary, or time-limited full-time State employee is granted up 19 |
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32 | 32 | | to 40 hours of paid leave following the loss of an immediate family member and up to eight hours 20 |
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33 | 33 | | of paid leave to eligible employees for bereavement following the loss of a colleague. 21 |
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34 | 34 | | (c) The Commission shall adopt rules and policies to provide that a permanent, 22 |
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35 | 35 | | probationary, or time-limited part-time State employee shall be granted a prorated amount of 23 |
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36 | 36 | | paid bereavement leave on an equitable basis. 24 |
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37 | 37 | | (d) The rules and policies adopted by the Commission shall include the following 25 |
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38 | 38 | | requirements, at a minimum: 26 |
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39 | 39 | | (1) That an employee requesting paid bereavement leave submit a statement 27 |
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40 | 40 | | stating the name and relationship of the deceased. 28 |
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41 | 41 | | (2) Employees are eligible for paid bereavement leave immediately upon being 29 |
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42 | 42 | | hired for any loss that occurs on or after the first day of work with the agency. 30 |
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43 | 43 | | (3) No annual limit on the number of uses of paid bereavement leave, if the leave 31 |
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44 | 44 | | follows the loss of an immediate family member or colleague. 32 |
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45 | 45 | | (4) The amount of time required to travel to and from and to attend a funeral or 33 |
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46 | 46 | | other memorial event of a colleague is allowed, but not to exceed eight hours. 34 |
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49 | 52 | | Employees shall provide documentation of attendance at the memorial event 1 |
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50 | 53 | | following use of the leave. 2 |
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51 | 54 | | (5) If an employee transfers from one agency to another agency, and the employee 3 |
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52 | 55 | | has any amount of unused paid bereavement leave for which they are eligible, 4 |
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53 | 56 | | the employee may use the remainder of the paid bereavement leave for which 5 |
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54 | 57 | | they are eligible at that agency. 6 |
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55 | 58 | | (6) Employees must provide documentation of death of an immediate family 7 |
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56 | 59 | | member at the time the paid bereavement leave is requested or, if the 8 |
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57 | 60 | | documentation is not available at the time of the request, as soon as the 9 |
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58 | 61 | | documentation is available. Acceptable documentation may include a death 10 |
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59 | 62 | | certificate, obituary, and funeral or memorial event information. 11 |
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60 | 63 | | (7) Paid bereavement leave for an immediate family member must be used within 12 |
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61 | 64 | | 180 days of the date of death (or discovery of death if circumstances caused 13 |
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62 | 65 | | the discovery of the death to be significantly later than the date of death). The 14 |
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63 | 66 | | leave may be used as the employee needs and does not have to be used on 15 |
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64 | 67 | | consecutive days, subject to approval. 16 |
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65 | 68 | | (8) Any employee who attempts to gain eligibility for paid bereavement leave 17 |
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66 | 69 | | through falsification of a familial relationship, falsification of a death, 18 |
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67 | 70 | | falsification of supporting documentation, or any other untruthful manner 19 |
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68 | 71 | | shall be subject to disciplinary action, up to and including dismissal. 20 |
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69 | 72 | | (e) The paid bereavement leave authorized by this section: 21 |
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70 | 73 | | (1) Is available without exhaustion of the employee's sick and vacation leave and 22 |
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71 | 74 | | is awarded in addition to shared leave under G.S. 126-8.3, or other leave 23 |
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72 | 75 | | authorized by State or federal law. 24 |
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73 | 76 | | (2) Has no cash value upon termination from employment. 25 |
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74 | 77 | | (3) May not be used for calculating an employee's retirement benefits. 26 |
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75 | 78 | | (4) Shall not be applied to negative leave balances. 27 |
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76 | 79 | | (5) Shall not be donated as shared leave under G.S. 126-8.3. 28 |
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77 | 80 | | (f) The provisions of this section shall apply to employees of State agencies, 29 |
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78 | 81 | | departments, and institutions, including The University of North Carolina; to public school 30 |
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79 | 82 | | employees; and to community college employees. The appropriate governing board, officer, or 31 |
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80 | 83 | | entity shall adopt rules and policies to award paid bereavement leave to employees that are 32 |
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81 | 84 | | substantially equivalent to those adopted by the State Human Resources Commission." 33 |
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82 | 85 | | SECTION 1.(b) Effective July 1, 2025, G.S. 126-5(c19) reads as rewritten: 34 |
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83 | 86 | | "(c19) Notwithstanding any other provision of this Chapter, G.S. 126-8.6 applies 35 |
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84 | 87 | | G.S. 126-8.6 and G.S. 126-8.7 apply to all State employees, public school employees, and 36 |
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85 | 88 | | community college employees. G.S. 126-8.6 does and G.S. 126-8.7 do not apply to employees 37 |
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86 | 89 | | described in subdivisions (2) and (3) of subsection (c1) of G.S. 126-5. The legislative and judicial 38 |
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87 | 90 | | branches shall adopt parental leave policies." 39 |
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88 | 91 | | SECTION 2. Effective July 1, 2025, there is appropriated from the General Fund to 40 |
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89 | 92 | | the Reserve for Compensation Increases the sum of two million dollars ($2,000,000) for each 41 |
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90 | 93 | | year of the 2025-2027 fiscal biennium to fund paid bereavement leave as authorized by this act. 42 |
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91 | 94 | | SECTION 3. This act becomes effective July 1, 2025, and applies to requests for 43 |
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92 | 95 | | paid bereavement leave for deaths occurring on or after that date. 44 |
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