Bill Summary – FastDemocracy

FILED SENATE
                                                                                        May 2, 2024
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                S.B. 839
                                     SESSION 2023           PRINCIPAL CLERK
     S                                                                   D
                             SENATE BILL DRS35356-LRa-157A
     Short Title:   State Employees/Give Leave for Pregnancy Loss.                             (Public)
     Sponsors:      Senators Murdock and Applewhite (Primary Sponsors).
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT PROVIDING STATE EMPLOYEES WITH PAID LEAVE DURING AND
     FOLLOWING A PREGNANCY LOSS AND APPROPRIATING FUNDS FOR THAT
     PURPOSE.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) Effective July 1, 2024, Article 2 of Chapter 126 of the General
 Statutes is amended by adding a new section to read:
 "§ 126-8.7. Paid leave for pregnancy loss.
     (a)     The State Human Resources Commission (Commission) shall adopt rules and policies
 to provide that a permanent, probationary, or time-limited full-time State employee shall be
 granted paid leave for pregnancy loss. For the purposes of this section, the term "pregnancy loss"
 means a miscarriage, an unsuccessful round of intrauterine insemination or of an assisted
 reproductive technology procedure, a failed adoption arrangement, a failed surrogacy
 arrangement, or a diagnosis or event that impacts pregnancy or fertility.
     (b)     The Commission shall adopt rules and policies to provide that a permanent,
 probationary, or time-limited part-time State employee shall be granted a prorated amount of
 paid leave for pregnancy loss on an equitable basis.
     (c)     The rules and policies adopted by the Commission shall include the following
 requirements, at the minimum:
             (1)    That the duration of leave for pregnancy loss shall be not less than 56 hours
                    of paid leave.
             (2)    That an employee requesting the paid leave shall submit a request for leave to
                    process and address their own health needs and the health needs of their
                    partners during the time period following a pregnancy loss.
             (3)    A period of minimum service before an employee becomes eligible for paid
                    leave under this section. The rules shall provide that the period of minimum
                    service may be met by aggregating employment at any of the following:
                    a.      State agencies, departments, and institutions, including The University
                            of North Carolina.
                    b.      Public school units that provide paid leave in accordance with this
                            section.
                    c.      Community colleges located in this State.
     (d)     The leave authorized by this section:
             (1)    Is available without exhaustion of the employee's sick and vacation leave and
                    is awarded in addition to shared leave under G.S. 126-8.3, or other leave
                    authorized by State or federal law.
                                *DRS35356-LRa-157A*
     General Assembly Of North Carolina                                                  Session 2023
             (2)     Has no cash value upon termination from employment.
             (3)     May not be used for calculating an employee's retirement benefits.
     (e)     The provisions of this section shall apply to employees of State agencies,
 departments, and institutions, including The University of North Carolina; to public school
 employees; and to community college employees. The appropriate governing board, officer, or
 entity shall adopt rules and policies to award paid leave for pregnancy loss to employees that are
 substantially equivalent to those adopted by the State Human Resources Commission."
             SECTION 1.(b) Effective July 1, 2024, G.S. 126-5(c19) reads as rewritten:
     "(c19) Notwithstanding any other provision of this Chapter, G.S. 126-8.6 applies and
 G.S. 126-8.7 apply to all State employees, public school employees, and community college
 employees. G.S. 126-8.6 does and G.S. 126-8.7 do not apply to employees described in
 subdivisions (2) and (3) of subsection (c1) of G.S. 126 5. The legislative and judicial branches
 shall adopt parental leave and pregnancy loss leave policies."
             SECTION 2. Effective July 1, 2024, there is appropriated from the General Fund to
 the Reserve for Compensation Increases the sum of one million eight hundred thousand dollars
 ($1,800,000) for the 2024-2025 fiscal year to fund paid leave for pregnancy loss as enacted by
 this act.
             SECTION 3. This act becomes effective July 1, 2024, and applies to requests for
 pregnancy loss occurring on or after that date.
     Page 2                                                                    DRS35356-LRa-157A
Statutes affected: 
Filed: 126-5
Edition 1: 126-5