In addition to the 12 weeks of leave per year provided by the Family and Medical Leave Act as outlined in 25 NCAC 01E .1401-.1411, an employee shall be entitled to up to 52 weeks of leave without pay during a five-year period in order to care for the employee's child, spouse, or parent, where that child, spouse, or parent has a serious health condition. The following provisions set forth guidelines for Family Illness Leave:

1. (1) This leave shall be available to employees who qualify for Family and Medical Leave.

2. (2) The same provisions and procedures shall apply to this additional leave that apply to the 12 weeks except the following:

   1. (a) A part-time employee shall be entitled to 52 weeks regardless of their work schedule.
   2. (b) During this period of leave without pay, the employees must pay the health plan premiums if they choose to maintain coverage.
   3. (c) This period of leave may be accounted for separate from the 12 weeks. It shall not affect the method used to determine the 12-month period. The five-year period shall begin on the date that the employee uses the 52-week provision.

History Note: Authority G.S. 126-4(5); S.L. 2002-126, s. 28.3B;
Temporary Adoption Eff. November 1, 2002;
Temporary Adoption Expired August 29, 2003;
Eff. December 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.