Know Your Rights: Your Employment Benefits in North Carolina Business

Do you know your employee rights? This is important because your employee rights come with certain benefits that you deserve. Not knowing your rights increases the chances of exploitation. Employee rights updates from time to time.Many updates have been added in the employee benefits basket. COVID-19 is the biggest example. Now employees can have 80 hours of paid leave if they are affected by COVID-19. So, if your employer wants to cut your salary due to the quarantine, that may be the reason. It's important to know your rights. Read more about your employee benefits in North Carolina here:

Your Right to Paid Leave 

Leave of Absence in Case of Emergency

If you work for a public employer or a company with less than 500 workers, you are entitled to 10 business days or 80 hours of paid leave relating to COVID-19, in addition to any leave granted by your employer (including employers that are franchises). Health care professionals and first responders may not be eligible.

The leave can be used:

• To seek a medical diagnosis or treatment if suffering symptoms, to adhere to a medical advice to self-quarantine or to care for a person who has been recommended to self-quarantine
• To adhere to a federal, state, or municipal quarantine or isolation order, or to care for a person who is the subject of such an order
• To provide care for a kid whose school or place of care is closed or whose child care provider is unable due to coronavirus (2/3 rate of compensation only)
• Because you are suffering from any other illness that some federal authorities have identified as being substantially comparable

Payment will be made on a weekly basis at your normal rate of pay. For self-care, the maximum payment is $511 per day/$5,110 total; for family care, the maximum payment is $200 per day/$2,000 total. Under these situations, just two-thirds salary is needed.

Emergency FMLA 

If you are unable to work/telework due to the closure of your child's school or place of care or the inability of your child's usual care provider due to COVID-19, you are entitled to up to 12 weeks of job-protected paid leave at 2/3 pay, up to $200 per day and $10,000 total (the first ten days may be unpaid) if: 

• Your employer has fewer than 500 employees (this includes employees of franchises)
• You have worked for the company for at least 30 days

Providers of healthcare, emergency responders, and workers of certain businesses with less than 25 employees may be excluded.

If you take job-protected leave, you have the right to return to the same or a comparable position with the same or comparable employment benefits, salary, and other employment terms and circumstances.

Common FAQ On Employment Right 

What can I do if my workplace is unsafe?

If you believe your workplace is dangerous, you have the right to submit a complaint with OSHA. You may submit a complaint online, in writing, or by telephone via the NCDOL's website (1-800-NC-LABOR). If you want OSHA to examine your workplace, you must submit a written complaint. You may request that OSHA keep your identity private, which will ensure that your employer does not learn who filed the complaint.

Can my employer retaliate or discriminate against me if I express concerns about health and safety?

Your employer may not retaliate or discriminate against you for raising concerns or filing a complaint regarding health and safety. He or she cannot transfer you, refuse to give you a raise, reduce your hours, or terminate you for taking action to protect your health or safety. You have 180 days to submit a retaliation complaint with the NCDOL's Workplace Discrimination Bureau if you have been retaliated against for making a safety or health complaint.

You have further protection if you file a complaint with another employee. If you choose not to return to work due to hazardous circumstances, inform your employer precisely what you believe is unsafe and that you are prepared to return once the conditions are corrected. Apply for unemployment benefits and explain that you are unable to work due to a hazardous job.

Is it possible for my employer to send me home if they suspect I have COVID-19?

While your employer may send you home as he or she sees appropriate, you are entitled to paid leave. This brochure contains information on paid leave.

If you believe your employer is discriminating against you or your family members on the basis of race, color, religion , gender, national origin, or any protected group, you have 180 days to file a complaint with the Equal Employment Opportunity Commission (EEOC).

So, this is what your employment right said. Though we have written this blog after thorough research it is recommended to consult a registered attorney before going for any legal action. However, if you are an employer, then you must know updated employment benefits to save your business from unwanted fines. Some are so expensive like HIPAA which can range from $100 to $50,000 per violation. So, know your right as an employee and know your employees right as an employer. Both are equally important.