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North Carolina Leave Laws: FMLA, Jury Duty & Your Rights (2025)

North Carolina has no state-mandated paid or unpaid leave beyond federal requirements. Most leave protections for North Carolina workers come from federal law (FMLA) and specific protections for jury duty, voting, and military service.

Federal FMLA (Family and Medical Leave Act)

The primary leave protection for North Carolina workers is the federal FMLA.

Coverage:

  • Employers with 50 or more employees within 75 miles
  • Employees who worked 1,250 hours in past 12 months
  • Employees who worked for employer for 12 months

Leave provided:

  • Up to 12 weeks unpaid, job-protected leave per year
  • Up to 26 weeks for military caregiver leave

Reasons for FMLA leave:

  • Your own serious health condition
  • Caring for family member with serious health condition
  • Birth or adoption of child
  • Qualifying military exigency
  • Caring for injured service member

Job protection:

  • Must be reinstated to same or equivalent position
  • Cannot be fired for taking FMLA leave

No State-Required Leave in North Carolina

North Carolina does NOT require:

  • Paid sick leave
  • Paid family leave
  • Pregnancy disability leave (beyond FMLA)
  • Short-term disability insurance

However:

  • Employers may voluntarily provide these benefits
  • Check your employee handbook for company policies

Jury Duty Leave

North Carolina protects employees who serve on jury duty.

Protection:

  • Cannot be fired or retaliated against for jury service
  • No requirement to pay wages during jury duty (unless company policy)
  • Employer cannot require you to use vacation time

NC General Statutes § 9-32: Makes it a misdemeanor to discharge an employee for responding to jury summons or serving on jury.

Voting Leave

While not explicitly required, North Carolina law provides that employees should have opportunity to vote.

Best practice: Employers should allow reasonable time to vote, though no specific timeframe is mandated.

Military Leave

Protected under federal USERRA (Uniformed Services Employment and Reemployment Rights Act).

Protection:

  • Job protection for military service
  • Reemployment rights after service
  • Cannot be discriminated against for military service
  • Employer cannot retaliate for military leave

When You Can Be Fired for Taking Leave

North Carolina is an at-will state, so you can generally be fired for taking non-protected leave.

You CAN be fired for:

  • Taking vacation when not approved
  • Calling in sick when you don’t have FMLA protection
  • Taking time off that’s not covered by law

You CANNOT be fired for:

  • Taking FMLA leave (if eligible)
  • Jury duty service
  • Military service
  • Filing workers’ comp claim (even if you miss work)

Filing a Complaint

For FMLA Violations

U.S. Department of Labor – Wage and Hour Division

For Jury Duty Discrimination

North Carolina Courts or Attorney

  • File lawsuit in North Carolina courts
  • NC Gen. Stat. § 9-32

For Military Leave Violations

U.S. Department of Labor – VETS

Common Questions

Does North Carolina require paid sick leave?

No. North Carolina doesn’t require employers to provide paid or unpaid sick leave (except FMLA for eligible employees).

Can I be fired for being sick in North Carolina?

Generally yes, unless you’re covered by FMLA or have a disability protected under the ADA. North Carolina is at-will, so employers can fire you for missing work due to illness if you’re not protected by federal law.

Does North Carolina have paid family leave?

No. North Carolina doesn’t have a state-paid family leave program. Only FMLA provides unpaid, job-protected leave for eligible employees.

How long is FMLA leave in North Carolina?

Up to 12 weeks per year for most reasons (26 weeks for military caregiver leave).

Can my employer fire me for taking FMLA leave?

No. If you’re eligible for FMLA, your employer cannot fire you for taking protected leave.

Resources

U.S. Department of Labor – FMLA

Legal Aid of North Carolina

Related Topics

Need help with leave rights in North Carolina? Get a free consultation from an employment law expert.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in North Carolina. Employment Law Aid is not a law firm and does not provide legal representation.