NC Leave for Parent Involvement in Schools
Now that school is back in session, North Carolina employers should familiarize themselves with North Carolina General Statute § 95-28.3commonly referred to as “parental involvement in schools.”
This law requires all North Carolina employers to grant up to four hours of unpaid leave per year to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee can participate in school activities.
It is interpreted to allow four hours per calendar year rather than the school year. Also, it is four total hours, not four hours per child.
“School” is defined as any public, private church school, church of religious charter, nonpublic school that regularly provides a course of grade school instruction, preschool or childcare facility.
Leave under this law is subject to the following conditions:
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Employers can require employees to use any available paid time off.
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The time off must be scheduled at a time that is mutually agreeable to the employer and the employee.
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The employer may require the employee to make a written request at least 48 hours before the absence begins.
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Employees may be required to provide documentation from the child’s school verifying that the employee was involved at the school during the time away from work.
It is recommended to include language in your Employee Handbook referring to the parental leave requirements for your company. See Catapult’s Employee Handbook template for sample language.
Adverse action (e.g. discipline, demotion, discharge) is prohibited against an employee for using parental leave in this manner.
This law is very broad and can include many different types of school activities. For absences not covered, it is recommended to work with the employee to use any available paid time off or provide unpaid time if needed. Students with parents who are involved in their school tend to perform better academically and socially. Before taking adverse action related to something that could potentially fall under this law it is recommended to connect with an HR Advisor.
Frequently Asked Questions
Does North Carolina require employers to provide leave for school activities?
Yes. North Carolina law (NCGS 95-28.3) requires employers with 25 or more employees to allow employees up to 4 hours of unpaid leave per year to attend or be involved in their child’s school activities, including parent-teacher conferences, classroom volunteering, and school events. Employees must give reasonable advance notice.
Is the school involvement leave in NC paid or unpaid?
The leave is unpaid. However, employers may permit employees to use accrued vacation, PTO, or other paid leave during this time. The law simply protects the employee’s right to take the time without being disciplined or terminated.
What qualifies as a “school activity” under the NC parental leave law?
The statute covers attendance at a child’s school or licensed daycare or preschool facility. This includes parent-teacher conferences, school performances, and similar educational activities. Employers can request documentation from the school to verify the activity.
