On February 17, 2009, members of the North Carolina House of Representatives filed House Bill 177.  H.B. 177, also known as the Healthy Families and Healthy Workplaces Act, would require employers to provide up to seven days of paid sick leave each year to each employee.  If passed, the new law would take effect January 1, 2010.  

The Healthy Families and Healthy Workplaces Act would require employers with more than 10 employees to provide each employee up to 56 hours of paid sick leave in each calendar year.  Employers with 10 or fewer employees would be required to provide up to 32 hours of paid sick leave to each employee each calendar year.  Employees would accrue paid sick leave at the rate of one hour of paid leave for every 30 hours worked.  

If the new law is enacted, employees will be entitled to use accrued paid sick leave for the following reasons:  

1. to care for an immediate family member who is suffering from a physical or mental illness, injury, or condition requiring home care, professional medical diagnosis or care, preventative medical care, or a routine medical appointment, unless the care is covered by federal law;  
2. to care for the employee's own physical or mental illness, injury, or condition requiring home care, professional medical diagnosis or care, preventative medical care, or a routine medical appointment, unless the care is covered by federal law; or  
3. to address the psychological, physical, or legal effects on the employee or an immediate family member of domestic violence, sexual assault, or stalking. 

Employers who fail to provide the paid sick leave required by the new law would be subject to damages in the amount of the unpaid sick time, plus interest, plus liquidated damages in an amount equal to the value of the unpaid sick time plus interest.  Courts would also have the authority to assess attorneys' fees against an employer who violated the law.  

The Healthy Families and Healthy Workplaces Act has been referred to the Committee on Commerce, Small Business, and Entrepreneurship.  We will keep you updated on the status of this proposed law as it moves through the legislature.