North Carolina Bereavement Leave Laws

In North Carolina, bereavement leave policies vary between public and private sector employees. While private employers are not mandated by state law to provide bereavement leave, recent developments have introduced specific provisions for state employees. This article provides an overview of bereavement leave in North Carolina, covering key aspects such as eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave is time off granted to employees following the death of a family member or colleague, during which they receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.

Does North Carolina Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, North Carolina has implemented bereavement leave policies for state employees that differ from federal regulations. In October 2024, Governor Roy Cooper signed Executive Order No. 325, providing up to 40 hours of paid bereavement leave for eligible state employees following the loss of an immediate family member, and up to 8 hours following the loss of a colleague.

For private-sector employees, neither federal law nor North Carolina state law mandates bereavement leave. Therefore, the provision of such leave is at the discretion of individual private employers.

What Counts as a Qualifying Event for Bereavement Leave in North Carolina?

For state employees under Executive Order No. 325, qualifying events include the death of:

• Immediate Family Members: Spouse, child, parent, sibling, grandparent, grandchild, and corresponding step, half, or in-law relationships, as well as any person living within the employee’s home for whom the employee may claim a tax deduction.
• Colleagues: Individuals with whom the employee worked directly.

Private employers define qualifying events based on their internal policies, which may vary.

Are There Requirements to be Eligible for Bereavement Leave in North Carolina?

Eligibility for state employees includes:

• Employment Status: Full-time and part-time employees are eligible, with part-time employees receiving a prorated amount of leave.
• Relationship to the Deceased: Verification of the relationship to the deceased is required.

Private-sector employees’ eligibility is determined by their employer’s policies.

How Much Bereavement Leave Time are Employees Entitled to in North Carolina?

State employees are entitled to:

• Up to 40 Hours: Following the loss of an immediate family member.
• Up to 8 Hours: Following the loss of a colleague, for attending funeral or memorial services.

Private employers may offer varying amounts of bereavement leave, as specified in their company policies.

Who is Considered Immediate Family for Bereavement Leave in North Carolina?

For state employees, “immediate family” includes:

• Spouse, child, parent, sibling, grandparent, grandchild.
• Corresponding step, half, or in-law relationships.
• Any person living within the employee’s home for whom the employee may claim a tax deduction.

Private employers may have different definitions, as outlined in their bereavement leave policies.

Is Bereavement Leave Required to be a Paid Leave in North Carolina?

For state employees, bereavement leave under Executive Order No. 325 is paid.

Private-sector employers in North Carolina are not legally required to provide paid bereavement leave; it is at their discretion.

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in North Carolina?

State employees must use bereavement leave:

• Immediate Family Loss: Within 180 days of the date of death.
• Colleague Loss: On the day of the funeral or memorial event.

Private employers may set their own timeframes for bereavement leave usage.

Who Pays for Paid Bereavement Leave in North Carolina?

For state employees, the state government covers the cost of paid bereavement leave.

In the private sector, if an employer offers paid bereavement leave, the employer bears the cost.

Conclusion

In North Carolina, bereavement leave provisions differ between public and private sectors. State employees benefit from specific paid bereavement leave entitlements under Executive Order No. 325. Private-sector employees’ access to bereavement leave depends on their employer’s policies, as there are no state mandates requiring such leave. Employees are encouraged to review their organization’s bereavement leave policies or consult with human resources to understand their options during times of loss. Employers, particularly in the private sector, are advised to establish clear bereavement leave policies to support their employees effectively.