North Carolina 2021-2022 Session Status: In Committee Bipartisan · 6 D · 1 R cosponsors

SB 564 — NC Paid Family Leave Insurance Act.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

378 added · 380 removed

Plain-language change summary

The amendment to Bill SB 564 adds clarifications regarding the definitions related to the Assistant Secretary of the Division of Employment Security and the qualifications for certain employment protections for individuals who have served in the Armed Forces. It specifically addresses conditions for those who are undergoing treatment for serious injuries or illnesses linked to their military service. This change is important because it helps ensure that veterans receive appropriate support and protections within the employment system, recognizing their service and the impact of their military duties on their health.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 6, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 564 Short Title:
564 SESSION 2021 PRINCIPAL CLERK S/H D SENATE BILL DRS15235-LR-112 Short Title:
Senators Batch, Salvador, and Crawford (Primary Sponsors)./Representative Meyer.
Senators Batch, Salvador, and Crawford (Primary Sponsors).
A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA PAID FAMILY LEAVE INSURANCE ACT.
Rules and Operations of the Senate April 7, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA PAID FAMILY LEAVE INSURANCE ACT.
Effective January 1, 2022, the General Statutes are amended by adding a new Chapter to read:
Effective January1, 2022, the General Statutes are amended byadding a new Chapter to read:
– The Assistant Secretary of the Division of Employment Security.
– The Assistant Secretaryof the Division of Employment Security.
A member of the Armed Forces, including a member of the National Guard or Reserves, who is (i) undergoing medical treatment, recuperation, or therapy, (ii) otherwise in outpatient status, or (iii) is otherwise on the temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces;
A member of the Armed Forces, including a member of the National Guard or Reserves, who is (i) undergoing medical treatment, recuperation, or therapy, (ii) otherwise in outpatient status, or (iii) is otherwise on the temporary disability retired list for a serious injuryor illness that was incurred by the member in the line of duty on active duty in the Armed Forces or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces;
A former member of the Armed Forces, including a former member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, ortherapy foraseriousinjuryorillness thatwas incurred *DRS15235-LR-112* General Assembly Of North Carolina Session 2021 by the member in the line of duty on active duty in the Armed Forces or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and manifested before or after the member was discharged or released from service.
A former member of the Armed Forces, including a former member of the National Guard or Reserves, who is undergoingmedical treatment, recuperation, ortherapyforaseriousinjuryorillness thatwas incurred by the member in the line of duty on active duty in the Armed Forces *S564-v-1* General Assembly Of North Carolina Session 2021 or a serious injury or illness that existed before the beginning of the member's active dutyand was aggravated byservice in the line of duty on active duty in the Armed Forces and manifested before or after the member was discharged or released from service.
Thetermdoes not includethegovernment oftheUnitedStates andanyagency of the United States (including the United States Postal Service and Postal Rate Commission).
Theterm does not includethegovernment oftheUnitedStates andanyagency of the United States (including the United States Postal Service and Postal Rate Commission).
Page 2 DRS15235-LR-112 General Assembly Of North Carolina Session 2021 (13) Retaliatory personnel action.
(13) Retaliatory personnel action.
– Denial of any right guaranteed under this Chapter, including, but not limited to, any threat, discharge, suspension, demotion, reduction of hours, any other adverse action against an employee for the exercise of any right guaranteed herein, or reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, State, or local agency.
– Denial of any right guaranteed under this Chapter, including, but not limited to, any threat, discharge, suspension, Page 2 Senate Bill 564-First Edition General Assembly Of North Carolina Session 2021 demotion, reduction of hours, any other adverse action against an employee for the exercise of any right guaranteed herein, or reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, State, or local agency.
(i) the portion of the covered individual's average weekly wage that is equal to or less than one hundred percent (100%) of the State average weekly wage shall be replaced at a rate of ninety percent (90%) and (ii) the portion of an employee's or self-employed individual's average weekly wage that is more than one DRS15235-LR-112 Page 3 General Assembly Of North Carolina Session 2021 hundred percent (100%) of the State average weekly wage shall be replaced at a rate of fifty percent (50%).
(i) the portion of the covered individual's average weekly wage that is equal to or less than one hundred percent (100%) of the State average weekly wage shall be replaced at a rate of ninety percent (90%) and (ii) the portion of an employee's or self-employed individual's average weekly wage that is more than one hundred percent (100%) of the State average weekly wage shall be replaced at a rate of fifty percent (50%).
(2) The maximum benefit shall be one hundred percent (100%) of the statewide average weekly wage.
Senate Bill 564-First Edition Page 3 General Assembly Of North Carolina Session 2021 (2) The maximum benefit shall be one hundred percent (100%) of the statewide average weekly wage.
(4) For purposes of this section, a covered individual's average weekly wage shall be the average weekly wage during the 12 months preceding submission of the application (or the average weekly wage during the time the covered individual worked, if it was less than 12 months).
(4) For purposes of this section, a covered individual's average weeklywage shall be the average weekly wage during the 12 months preceding submission of the application (or the average weekly wage during the time the covered individual worked, if it was less than 12 months).
(b) Beginning on January 1, 2022, for each employee, an employer shall remit to the Paid Family and Medical Leave Fund (Fund), established under G.S.
(b) Beginning on January1, 2022, for each employee, an employer shall remit to the Paid Family and Medical Leave Fund (Fund), established under G.S.
and (5) The amount by which the contribution rate shall be adjusted to ensure that the Fund shall maintain or achieve an annualized amount of not less than one hundred forty percent (140%) of the previous fiscal year's expenditure for family and medical leave insurance benefits paid and for the administration of the family and medical leave insurance program.
and (5) The amount by which the contribution rate shall be adjusted to ensure that the Fund shall maintain or achieve an annualized amount of not less than one hundred forty percent (140%) of the previous fiscal year's expenditure for familyand medical leave insurance benefits paid and for the administration of the family and medical leave insurance program.
Page 4 DRS15235-LR-112 General Assembly Of North Carolina Session 2021 (a) A covered individual shall be entitled, at the option of the covered individual, to take paid family and medical leave on an intermittent or reduced leave schedule in which all of the leaveauthorized underthis Chapteris not takensequentially.
(a) A covered individual shall be entitled, at the option of the covered individual, to take paid family and medical leave on an intermittent or reduced leave schedule in which all of the Page 4 Senate Bill 564-First Edition General Assembly Of North Carolina Session 2021 leaveauthorized underthis Chapteris not takensequentially.
Family andmedical leaveinsurance benefits for intermittent or reduced leave schedules shall be prorated.
Familyand medical leaveinsurance benefits for intermittent or reduced leave schedules shall be prorated.
(1) For damages equal to the amount of (i) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation, or (ii) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the employee, (iii) the interest on the amount described in clause (i) calculated at the prevailing rate, and (iv) an additional amount as liquidated damages equal to thesum ofthe amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated G.S.
(1) For damages equal to the amount of (i) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation, or (ii) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the employee, (iii) the interest on the amount described in clause (i) calculated at the prevailing rate, and (iv) an additional amount as liquidated damages equal to thesum ofthe amount described in clause (i) andthe interest described in clause (ii), except that if an employer who has violated G.S.
DRS15235-LR-112 Page 5 General Assembly Of North Carolina Session 2021 (e) The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(e) The court in such an action shall, in addition to anyjudgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(f) Except as provided by subsection (g) of this section, an action may be brought under this section not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
Senate Bill 564-First Edition Page 5 General Assembly Of North Carolina Session 2021 (f) Except as provided by subsection (g) of this section, an action may be brought under this section not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
(b) An employer, temporary help company, employment agency, employee organization, or other person shall not take retaliatory personnel action or otherwise discriminate against a person because he or she exercised rights protected under this Chapter.
(b) An employer, temporaryhelp company, employment agency, employee organization, or other person shall not take retaliatory personnel action or otherwise discriminate against a person because he or she exercised rights protected under this Chapter.
or has testifiedoris abouttotestify orhas assistedinanyinvestigation, hearing, orproceeding under this Chapter, at any time, including during the period in which the person receives family and medical leave insurance benefits under this Chapter;
or has testifiedoris abouttotestifyorhas assistedin anyinvestigation, hearing, orproceedingunder this Chapter, at any time, including during the period in which the person receives family and medical leave insurance benefits under this Chapter;
(d) Protections ofthis sectionshall apply to anyperson whomistakenly, but in goodfaith, alleges violations of this Chapter.
(d) Protections ofthis sectionshall applyto anyperson whomistakenly, but in goodfaith, alleges violations of this Chapter.
Any agreement byanindividual to waive his orher rights under this Chapter is void as against public policy.
Anyagreement byan individualto waive his orher rights under this Chapter is void as against public policy.
An employer shall also provide written notice to an employee when the employee requests leave under this Chapter or when the employer acquires knowledge that an Page 6 DRS15235-LR-112 General Assembly Of North Carolina Session 2021 employee's leave may be for a qualifying reason under G.S.
An employer shall also provide written notice to an employee when the employee requests leave under this Chapter or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under G.S.
Such notice shall include (i) the employee's right to family and medical leave insurance benefits under this Chapter and the terms under which it may be used, (ii) the amount of family and medical leave insurance benefits, (iii) the procedure for filing a claim for benefits, (iv) the right to job protection and benefits continuation under G.S.
Such notice shall include (i) the employee's right to family and medical leave insurance benefits under this Chapter and the terms under which it may be used, (ii) the amount of familyand medical leave insurance benefits, Page 6 Senate Bill 564-First Edition General Assembly Of North Carolina Session 2021 (iii) the procedure for filing a claim for benefits, (iv) the right to job protection and benefits continuation under G.S.
(a) A covered individual is disqualified from family and medical leave insurance benefits for one year if the individual is determined by the Assistant Secretary to have willfully made a false statement or misrepresentation regarding a material fact or willfully failed to report a material fact, to obtain benefits under this Chapter.
(a) A covered individual is disqualified from familyand medical leave insurance benefits for one year if the individual is determined by the Assistant Secretary to have willfully made a false statement or misrepresentation regarding a material fact or willfully failed to report a material fact, to obtain benefits under this Chapter.
(b) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation, or if a claim for family and medical leave insurance benefits is rejected after benefits are paid, the Division may seek repayment of benefits from the recipient.
(b) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation, or if a claim for familyand medical leave insurance benefits is rejected after benefits are paid, the Division may seek repayment of benefits from the recipient.
As a condition of election, the self-employed person must agree to supply any information concerning income that the Division deems necessary.
As a condition of election, the self-employed person must agree to supply anyinformation concerning income that the Division deems necessary.
By January 1, 2023, the Division shall start receiving claims from andpaying family andmedical leaveinsurancebenefits to covered individuals.
By January 1, 2023, the Division shall start receivingclaims from andpayingfamilyandmedical leaveinsurancebenefits to covered individuals.
DRS15235-LR-112 Page 7 General Assembly Of North Carolina Session 2021 (b) The Division shall establish reasonable procedures and forms for filing claims for benefits under this Chapter and shall specify what supporting documentation is necessary to support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition.
(b) The Division shall establish reasonable procedures and forms for filing claims for benefits under this Chapter and shall specify what supporting documentation is necessary to Senate Bill 564-First Edition Page 7 General Assembly Of North Carolina Session 2021 support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition.
(d) The Division shall use information sharing and integration technology to facilitate the disclosure of relevant information or records, so long as an individual consents to the disclosure as required under State law.
(d) The Division shall use information sharing and integration technologyto facilitate the disclosure of relevant information or records, so long as an individual consents to the disclosure as required under State law.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is not affected." Page 8 DRS15235-LR-112 General Assembly Of North Carolina Session 2021 SECTION 2.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is not affected." SECTION 2.
SECTION 3.
Page 8 Senate Bill 564-First Edition General Assembly Of North Carolina Session 2021 SECTION 3.
DRS15235-LR-112 Page 9
Senate Bill 564-First Edition Page 9
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 169 not signed on

Sponsors (2)

Co-sponsors (8)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 564?
SB 564 is sponsored by Sydney Batch (Democratic), DeAndrea Salvador (Democratic), Crawford, Jay J. Chaudhuri (Democratic), deViere, Foushee, Mujtaba A. Mohammed (Democratic), Natalie S. Murdock (Democratic), Gladys A. Robinson (Democratic), and Brent Jackson (Republican).
What is the current status of SB 564?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 564?
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