A BILL TO BE ENTITLED
AN ACT amending the labor laws to provide relief for caregivers in this state.
Whereas, there are 1.3 million family caregivers in North Carolina providing care to an adult with limitations in daily activities at some time during the year; and
Whereas, families provide at least 80% of all care services needed to help their relatives live in their homes; and
Whereas, there were more than 98,000 North Carolina grandparents acting as primary caregivers for their grandchildren in 2017; and
Whereas, 58% of grandparents who are primary caregivers to their grandchildren are also still participating in the workforce; and
Whereas, North Carolina's population aged 65 and older is expected to double by 2050; and
Whereas, North Carolina's workforce is aging, with more than one million working people aged 50 years and older in 2017; and
Whereas, numerous studies have shown that employees suffer severe financial hardship in order to be responsible family members and provide minor children and aging parents with the care they need; and
Whereas, North Carolinians who provide direct care for their family members prevent the worsening of illnesses and promote strong recovery; and
Whereas, employees with caregiving responsibilities experience negative health outcomes as a result of the strain of balancing work and family duties, including significantly higher incidents of depression, diabetes, hypertension, or pulmonary disease, regardless of age, gender, and work type; and
Whereas, it has been found that employees with care responsibilities add additional health care costs to employers due to their own poor health; and
Whereas, it has been found that caregiving supports in the workplace can save businesses significant money associated with reduced incidences of absenteeism, crisis in care, workday interruptions, supervisory time, and reduced hours; and
Whereas, primary caregiver duties often rest on grandparents, grandchildren, stepparents, stepchildren, uncles, aunts, nieces, nephews, in‑laws, and siblings; and
Whereas, the federal Family and Medical Leave Act is a critical caregiving support, but is only accessible to eligible employees caring for immediate, nuclear family members; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 95 of the General Statutes is amended by adding a new Article to read:
"Article 24.
"Caregiver Relief Act.
"§ 95‑274.  Short title; purpose.
(a)	This Article shall be known and may be cited as the "Caregiver Relief Act."
(b)	The purpose of this Article is to provide for supports in the workplace under State law for caregivers who provide direct care to certain family members in need of care in those instances where such leave would not be afforded to the caregivers under federal law.
"§ 95‑275.  Definitions.
The following definitions apply to this Article:
(1)	Department. – The Department of Labor.
(2)	Eligible employee. – As defined in the FMLA at 29 U.S.C. § 2611(2), as amended.
(3)	FMLA. – The federal Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq., as amended.
(4)	Grandchild. – The child of a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis to the employee.
(5)	Grandparent. – The parent of a parent as defined by 29 U.S.C. § 2611(7), as amended.
"§ 95‑276.  Eligibility.
(a)	General Rule – An employer required to comply with the FMLA shall provide the same leave to an eligible employee to care for a grandchild, sibling, domestic partner, civil union partner, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship that the eligible employee is entitled to under the FMLA at 29 U.S.C. §§ 2614 and 2615, as amended, with respect to a spouse, son, daughter, or parent of the eligible employee for the eligible employee's child, grandchild, sibling, spouse, domestic partner, civil union partner, parent, or grandparent of an employee, or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee, or a sibling of a spouse, domestic partner, or civil union partner of the employee, or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.
(b)	Protections. – An eligible employee who takes leave provided under subsection (a) of this section is entitled to the same protections and rights that an eligible employee is entitled to under the FMLA at 29 U.S.C. §§ 2614 and 2615, as amended, including protection from discrimination and interference, the right to reinstatement, and the right to continuation of health care benefits.
(c)	Amount of Leave. – The leave granted under this Article shall be taken in the same manner and under the same conditions, and the same restrictions on use of leave apply.
"§ 95‑277.  Enforcement; applicability.
(a)	Enforceability. – Any right or obligation created by this Article is enforceable by a civil action in addition to any other remedies at law or in equity.
(b)	Applicability. – This Article applies to all employers in this State who are subject to the FMLA."
SECTION 2.  G.S. 95‑241(a)(1) reads as rewritten:
"(a)	No person shall discriminate or take any retaliatory action against an employee because the employee in good faith does or threatens to do any of the following:
(1)	File a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to any of the following:
a.	Chapter 97 of the General Statutes.
b.	Article 2A or Article 16 of this Chapter.
c.	Article 2A of Chapter 74 of the General Statutes.
d.	G.S. 95‑28.1.
e.	Article 16 of Chapter 127A of the General Statutes.
f.	G.S. 95‑28.1A.
g.	Article 52 of Chapter 143 of the General Statutes.
h.	Article 5F of Chapter 90 of the General Statutes.
i.	Article 24 of Chapter 95 of the General Statutes."
SECTION 3.  This act becomes effective July 1, 2019, and applies to covered employers and eligible employees on or after that date.