NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06C .0408
Plain English summary
This rule establishes paid parental leave entitlements for eligible public school unit employees in North Carolina, effective for qualifying events on or after July 1, 2023. Eligible employees who become parents through birth, adoption, foster care, or legal placement are entitled to up to eight weeks of paid leave for birthing parents or up to four weeks for other qualifying events, paid at 100% of regular straight-time pay. The rule sets forth eligibility requirements, definitions, leave calculation methods for part-time employees, notice requirements, and specific provisions for fetal or infant death scenarios.
Key requirements
- To be eligible for paid parental leave, a PSU employee shall, at the time of the qualifying event, have been in pay status with a PSU, state agency, or other public entity providing paid parental leave under G.S. 126-8.6 for at least 1,040 hours without a break in service within the previous 12-month period.
- A full-time eligible employee who gives birth to a child shall be entitled to up to eight weeks of paid parental leave consisting of four weeks for physical and mental recuperation and four weeks for bonding with the child.
- For any other qualifying event, a full-time eligible employee shall be entitled to up to four weeks of paid parental leave for bonding with the child.
- A part-time eligible employee who becomes a parent to a child shall be entitled to a prorated share of paid parental leave based upon the hours in the employee's regular, weekly schedule compared to the hours worked by a full-time employee in a similar position within the PSU.
- The paid parental leave provided by this Rule shall result in compensation at 100 percent of the eligible employee's regular, straight-time pay.
- The paid parental leave shall not be counted against or deducted from an eligible employee's sick, vacation, bonus, or other accrued leave.
- The paid parental leave shall be reported by the PSU separately from all other paid leave.
- The paid parental leave shall not accrue and is not eligible for donation to another employee.
- The paid parental leave shall not be used for calculating the employee's retirement benefits.
- The paid parental leave may be used any time during the 12 months following a qualifying event on either a continuous or intermittent basis.
- A PSU shall not deny or delay an employee's request to use paid parental leave, or otherwise require the employee to use the leave on a prescribed schedule, without the employee's consent.
- When possible, the employee shall provide notice at least ten weeks in advance of a qualifying event, but under no circumstances shall a PSU require more than ten weeks' notice.
- The paid parental leave provided by this Rule may be used only once for a qualifying event within a 12-month period.
- An employee shall forfeit any unused paid parental leave 12 months after the date of the qualifying event.
- If both parents of a child are employed by the same PSU, the PSU shall permit both parents to take paid parental leave simultaneously if they so request.
- This paid parental leave applies only to requests for paid parental leave related to qualifying events occurring on or after July 1, 2023.
- A charter school shall only be subject to this Rule if the board of directors for the charter school has opted to provide for paid parental leave in accordance with G.S. 115C-218.90(a)(6), and the board shall notify the Office of Charter Schools at the Department of Public Instruction of its intent no later than October 1 of the fiscal year for which it intends the leave to be available.
- If the fetus dies before the conclusion of the 12th week of pregnancy, there is no qualifying event creating an entitlement to paid parental leave under this Rule.
- If the fetus dies after the conclusion of the 12th week of pregnancy but prior to a completed birth, an otherwise eligible employee who carried the child shall be entitled to up to four weeks of leave for physical and mental recuperation.
- If a child dies after a completed birth, an otherwise eligible employee shall be entitled to the same amount of leave to which the employee would be entitled under Paragraphs (c) or (d) of this Rule.
Affected parties
- Public school unit (PSU) employees in permanent, probationary, or time-limited positions
- Part-time PSU employees
- Birthing parents employed by PSUs
- Non-birthing parents employed by PSUs
- Adoptive, foster, and legally placing parents employed by PSUs
- Charter school employees where the charter board has opted into paid parental leave
- Public school unit administrators and HR departments
- Charter school boards of directors
- Office of Charter Schools at the Department of Public Instruction