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North Carolina General Statute for Parent Involvement Leave
§ 95-28.3. Leave for parent involvement in schools.
(a) It is the belief of the General Assembly that parent
involvement is an
essential component of school success and positive student
outcomes. Therefore,
employers shall grant four hours per year leave to any
employee who is a parent,
guardian, or person standing in loco parentis of a
school-aged child so that the
employee may attend or otherwise be involved at that child's
school. However, any
leave under this section is subject to the following
conditions:
(1) The leave
shall be at a mutually agreed upon time between the
employer and
the employee.
(2) The
employer may require an employee to provide the employer
with a
written request for the leave at least 48 hours before the
time desired
for the leave.
(3) The
employer may require that the employee furnish written
verification
from the child's school that the employee attended or
was otherwise
involved at that school during the time of the leave.
For the purpose of this section, "school" means any (i) public school, (ii)
private church school, church of religious charter, or nonpublic school
described
in Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes that
regularly provides a course of grade school instruction, (iii) preschool, and
(iv)
child care facility as defined in G.S. 110-86(3).
(b) Employers shall not discharge, demote, or otherwise take
an adverse
employment action against an employee
who requests or takes leave under this
section. Nothing in this section
shall require an employer to pay an employee for
leave taken under this section.
(c) An employee who is demoted or discharged or who has had
an adverse
employment action taken against him
or her in violation of this section may bring
a civil action within one year from
the date of the alleged violation against the
employer who violates this section
and obtain either of the following:
(1) Any wages or benefits lost as a result of the violation; or
(2) An order of reinstatement without loss of position, seniority, wages, or
benefits.
The burden of proof shall be upon the employee. (1993, c. 509, s. 1; 1997-506,
s. 34.)
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