North Carolina § 163-41 - 2. Discharge of precinct official unlawful.

§ 163-41. 2. Discharge of precinct official unlawful.

No employer may discharge or demote any employee because the employee has been appointed as a precinct official and is serving as a precinct official on election day or canvass day. An employee discharged or demoted in violation of this section shall be entitled to be reinstated to that employee's former position. The burden of proof shall be upon the employee. The statute of limitations for actions under this section shall be one year pursuant to G.S. 1-54. This section does not apply unless the employee provides the employer with not less than 30 days written notice, before the date the leave is to begin, of the employee's intention to take leave to serve as a precinct official. As used in this section, "precinct official" has the same meaning as in G.S. 163-41(a). History (2001-169, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-817 by Session Laws 2017-6, s. 3. Former G.S. 163A-817 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.