Work · Paid sick leave
Paid Sick Leave Law in North Carolina
Whether an employer in North Carolina must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in North Carolina
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-sick-leave law changes quickly across the country, though North Carolina has both declined to mandate it and preempted local ordinances under G.S. 95-25.1(d). Confirm the current status of the preemption and any new legislation before relying on the absence of a rule.
| What the law requires | What it means |
|---|---|
| No requirement and no entitlement | No North Carolina statute requires a private employer to provide paid sick leave, and no accrual rate or cap appears anywhere in Chapter 95. The word sick appears only once in the entire Wage and Hour Act, in the definition of wage. There is no leave title in the chapter at all. |
| Local governments are preempted | N.C. Gen. Stat. § 95-25.1(d) provides that the Wage and Hour Act supersedes and preempts any local ordinance imposing a requirement on an employer pertaining to compensation of employees, and the list of preempted subjects names benefits and leave specifically. |
| Promised sick pay becomes an enforceable wage | G.S. 95-25.2(16) folds sick pay into the definition of wage when the employer has a policy or practice of paying it. So an employer that promises sick pay must actually provide it, and the Wage and Hour Act’s collection machinery applies to the promise. |
| Employers must publish their policy | G.S. 95-25.13 requires an employer to notify employees in writing at hiring of promised wages, to make its wage policies available in writing or by posted notice, and to give at least one pay period of written notice before reducing promised wages. |
| Where it does not apply | What it means |
|---|---|
| Local governments may set their own staff’s leave | G.S. 95-25.1(d) exempts a local government regulating or compensating its own employees from the preemption. The bar reaches ordinances aimed at private employers, not a city acting as an employer of its own workforce. |
| Economic development and federal grant carve-outs | The preemption exempts certain economic development incentives, requirements tied to federal community development block grants, and specified development programs. These are narrow carve-outs and none of them creates a paid-sick-leave right. |
| Federal unpaid leave still applies | A covered employer must still provide job-protected leave under the federal Family and Medical Leave Act, but that leave is unpaid. The federal law sits on top of North Carolina’s silence and does not create a paid-sick-leave right. |
What you can do right now
Concrete, neutral steps around sick leave in North Carolina. This is legal information, not legal advice.
- Read the employer policy
Because state law is silent, your paid sick leave in North Carolina comes from the company policy. Check the handbook or offer letter for accrual, carryover, and payout terms.
- Hold the employer to a promise
Once an employer adopts a sick pay policy or practice, G.S. 95-25.2(16) treats the promised sick pay as a wage. If it is withheld, the Wage and Hour Act’s collection route can apply.
- Do not expect a local ordinance
A North Carolina city or county cannot require private employers to provide paid sick leave, because G.S. 95-25.1(d) preempts it. If someone points you to a local mandate, confirm it applies to private employers.
- Use federal unpaid leave if eligible
If you and your employer are covered by the federal Family and Medical Leave Act, you may take job-protected but unpaid leave for a serious health condition. That is separate from any paid policy.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ North Carolina Department of LaborThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in North Carolina get wrong about paid sick leave
North Carolina requires no employer to provide paid sick leave, sets no accrual rate and no cap, and preempts local ordinances that would create one. The word sick appears just once in the entire Wage and Hour Act, in the definition of wage, and there is no leave title in Chapter 95 at all. N.C. Gen. Stat. § 95-25.1(d) provides that the act supersedes and preempts any local ordinance imposing a requirement on an employer pertaining to compensation of employees, and it names benefits and leave among the preempted subjects. Two further sections make the point in plain words. G.S. 160A-20.1(a) for cities and G.S. 153A-449(a) for counties each say a local government may not force a private contractor to provide paid sick leave as a condition of bidding on a contract. What North Carolina does protect is a promise. Under G.S. 95-25.2(16), once an employer adopts a policy or practice of paying sick pay, that sick pay counts as a wage and must be paid. So in North Carolina, paid sick leave is a matter of the employer’s own policy, enforceable only once it is promised.
Common questions
Does North Carolina require paid sick leave?
No. North Carolina has no law requiring a private employer to provide paid sick leave, and the Wage and Hour Act sets no accrual rate or cap. Any paid sick leave a worker has comes from the employer’s own policy or a contract.
How much sick leave do you get in North Carolina?
Whatever the employer chooses to offer. Because state law sets no minimum, the amount, accrual, and carryover all depend on the company policy or an individual agreement.
Can a North Carolina city require paid sick leave?
No. G.S. 95-25.1(d) preempts any local ordinance imposing a compensation requirement on an employer, naming benefits and leave. G.S. 160A-20.1(a) and G.S. 153A-449(a) also bar cities and counties from forcing paid sick leave on their contractors.
Does my employer have to honor a sick leave policy in North Carolina?
Yes. Under G.S. 95-25.2(16), once an employer has a policy or practice of paying sick pay, that sick pay is treated as a wage. A promised benefit that is withheld can be pursued through the Wage and Hour Act.
What if I work in North Carolina for a company based elsewhere?
Your North Carolina hours are generally governed by North Carolina law, which has no mandate. But if you also work in a state that requires paid sick leave, that state rule can apply to the hours worked there.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.