What are the laws governing the right to take leave due to illness or family obligations?
In North Carolina, several laws govern the right for workers to take leave due to illness or family obligations. The most widely known are the Family and Medical Leave Act (FMLA) and the federal Americans with Disabilities Act (ADA). The FMLA is a federal law that requires covered employers to provide employees with unpaid, job-protected leave for up to 12 weeks in a 12-month period for certain qualifying reasons, including the birth of a child or to care for a sick family member. To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the last 12 months. The ADA is a federal law that prohibits employers from discriminating against an employee because of his or her disability, and it also requires employers to provide reasonable accommodations for employees who have disabilities. This includes providing leave for an employee’s illness or family obligations, such as caring for a sick family member. In addition to the FMLA and ADA, North Carolina state law also provides certain employees with the right to take leave for their own illness or to care for a family member. For example, under the state’s Leave for Family Illness Law, employers are required to provide up to six weeks of unpaid family leave in a 12-month period for employees who need to care for a sick family member. It is important for employers to understand these laws and ensure compliance. Failure to comply with relevant state and federal laws can result in severe penalties, including expensive fines and potential lawsuits.
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