NC General Statutes

N.C. Gen. Stat. § 97-28 (2026)

Seven-day waiting period; exceptions

✓ current as of July 2026
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No compensation, as defined in G.S. 97-2(11), shall be allowed for the first seven calendar days of disability resulting from an injury, except the benefits provided for in G.S. 97-25. Provided however, that in the case the injury results in disability of more than 21 days, the compensation shall be allowed from the date of the disability. Nothing in this section shall prevent an employer from allowing an employee to use paid sick leave, vacation or annual leave, or disability benefits provided directly by the employer during the first seven calendar days of disability. (1929, c. 120, s. 28; 1983, c. 599; 1987, c. 729, s. 5.)

 

Notes of Decisions
Cited in 5 cases, 1951–2009 · leading case: Kanipe v. Lane Upholstery, 540 S.E.2d 785 (N.C. Ct. App. 2000).
Kanipe v. Lane Upholstery, 540 S.E.2d 785 (N.C. Ct. App. 2000). · cites it 4× “See N.C. Gen. Stat. § 97-28 (1999) (“No compensation .”
Kanipe v. Lane Upholstery, Hickory Tavern Furniture Co., 566 S.E.2d 167 (N.C. Ct. App. 2002). · cites it 2× “See N.C. Gen. Stat. § 97-28 (“No compensation .”
Tucker v. Lowdermilk, 63 S.E.2d 109 (N.C. 1951). “G.S. 97-28. Therefore, the Commission held the defendants had not made final payment for the “necessary weeks” as required by the agreement.”
Howard v. Square-D Co., 494 S.E.2d 606 (N.C. Ct. App. 1998). · cites it 2× “” However, N.C. Gen. Stat. § 97-28 (1991). provides: No compensation .”
Lassiter v. Town of Selma, 680 S.E.2d 903 (N.C. Ct. App. 2009). · cites it 4× “We note that N.C. Gen. Stat. § 97-28 provides that no compensation, as defined in N.”
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