Small Necessities Leave Laws

zen · October 2004

Wondering if any of you have encountered the new "small necessities" leave laws or if they yet apply to Kentucky, Tennessee, or N. Carolina.

If you have had these enacted in your state, how are you determining granting or denying this type of leave?

System · October 2004

That was in the legal mix about 2 years ago, but as far as I know, not yet picked up by Maryland. I understand; however, that ee's may use up to 40 hours per year additional FML to attend 'family friendly' events such as parent/teacher conferences, school plays, etc.

I'd be interested in the posts of er's who have had to grant leave under this adendum.

owenlady · October 2004

I too am in Kentucky and have been wondering the same thing about whether or they are applying here in KY as yet.

If I find out, I'll let you know and if you would do the same I'd appreciate it.

My email is [email]carole.owen@bgfh.com[/email]

Thanks.

jriley · October 2004

In MA, this Act has been in effect since 1998. The employee can use 24 hours within a 12 month period (fiscal year or calendar year, employer decides) for such things as: school activity (play, etc.), elder care, or routine checkups (dentist appt. etc.) There is a ton of info out there. Just type "Small Necessities Leave Laws" in google. Good luck.

>Wondering if any of you have encountered the new
>"small necessities" leave laws or if they yet
>apply to Kentucky, Tennessee, or N. Carolina.
>
>If you have had these enacted in your state, how
>are you determining granting or denying this
>type of leave?

SMace · October 2004

They apply in NC and do not in TN. Don't now about Ky. I'm out of the office, and do not remember exactly how much time they get. I'll do my best to update, if no one else has, on monday.

zen · October 2004

Thanks - will look forward to hearing from you and will pass along any insights

SMace · October 2004

Here's the NC law:

§ 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.

N.C.G.S.A. § 95-28.3

Small Necessities Leave Laws

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