54-52.4 State Employee Leave Policies
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<![CDATA[CHAPTER 54-52.4STATE EMPLOYEE LEAVE POLICIES54-52.4-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Child" means a child by birth, an adopted or foster child, a stepchild, or a legal<br>ward, who is:a.Less than eighteen years of age; orb.More than seventeen years of age and incapable of providing self-care<br>because of a serious health condition.2."Employee" means an individual employed in this state by an employer, who has<br>been employed by the employer for at least twelve months, and who has worked at<br>least one thousand two hundred fifty hours for the employer over the previous twelve<br>months.3."Employer" means the state but does not include any political subdivision of the<br>state.4."Employment benefit" means all benefits provided or made available to employees<br>by an employer, including education, health care, insurance, leave, and retirement<br>benefits.5."Health care provider" means a registered nurse licensed under chapter 43-12.1, a<br>physician licensed under chapter 43-17, a psychologist licensed under chapter<br>43-32, or a licensed certified social worker licensed under chapter 43-41.6."Health care services" means services rendered by a health care provider within the<br>scope of the provider's license, including long-term care and hospice and hospital<br>care.7."Parent" means a birth parent, foster parent, adoptive parent, or stepparent.8."Serious health condition" means a disabling physical or mental illness, injury,<br>impairment, or condition involving:a.Inpatient care in a hospital licensed under chapter 23-16 or operated by the<br>United States or this state, long-term care facility as defined in section<br>50-10.1-01, or hospice program licensed under chapter 23-17.4; orb.Outpatient care that requires continuing treatment by a health care provider.9."Spouse" means an employee's husband or wife.54-52.4-02. Family leave.1.An employer shall grant an employee's request for a family leave of absence for any<br>of the following reasons:a.To care for the employee's child by birth, if the leave concludes within twelve<br>months of the child's birth.b.To care for a child placed with the employee, by a child-placing agency<br>licensed under chapter 50-12, for adoption or as a precondition to adoption<br>under section 14-15-12, but not both, or for foster care, if the leave concludes<br>within twelve months of the child's placement.Page No. 1c.To care for the employee's child, spouse, or parent if the child, spouse, or<br>parent has a serious health condition.d.Because of the employee's serious health condition that makes the employee<br>unable to perform the functions of the employee's job.2.For any combination of reasons specified in subsection 1, an employee may take<br>family leave in any twelve-month period for not more than twelve workweeks. The<br>twelve weeks of family leave may be taken intermittently for leave under<br>subdivisions a or b of subsection 1 if approved by the employer. The twelve weeks<br>of family leave may be taken intermittently for leave under subdivisions c or d of<br>subsection 1 if the leave is medically necessary. If an employee normally works a<br>part-time schedule or variable hours, the amount of leave to which an employee is<br>entitled must be determined on a pro rata or proportional basis by comparing the<br>new schedule with the employee's normal schedule.3.In any case in which a husband and wife entitled to family leave under this chapter<br>are employed by the same employer, the aggregate period of family leave to which<br>both are entitled may be limited by the employer to twelve workweeks during any<br>twelve-month period.4.An employee shall reasonably consider the needs of the employer in scheduling<br>family leave under this section or in using leave under section 54-52.4-03.5.The family leave required by this chapter is not required to be granted with pay<br>unless otherwise specified by agreement between the employer and employee, by<br>collective bargaining agreement, or by employer policy.6.The family leave required by this chapter supplements any leave otherwise available<br>to an employee.54-52.4-03. Use of other available leave for care of parent, spouse, or child. Anemployer that provides leave for its employees for illnesses or other medical or health reasons<br>shall grant an employee's request to use that leave to care for the employee's child, spouse, or<br>parent if the child, spouse, or parent has a serious health condition. An employee may take not<br>more than forty hours of leave under this section in any twelve-month period. The employer shall<br>compensate the employee for leave used by the employee under this section on the same basis<br>as the employee would be compensated if the leave had been taken due to the employee's own<br>illness.54-52.4-04. Notice to employer.1.If an employee intends to request family leave for the reasons specified in<br>subdivision a or b of subsection 1 of section 54-52.4-02, the employee, in a<br>reasonable and practicable manner, shall give the employer advance notice of the<br>expected birth or placement.2.If an employee intends to take family leave for the reasons specified in subdivision c<br>or d of subsection 1 of section 54-52.4-02, the employee shall:a.Make a reasonable effort to schedule the planned care or treatment so that it<br>does not unduly disrupt the employer's operations, subject to the approval of<br>the health care provider to the child, spouse, parent, or employee; andb.Give the employer advance notice of the planned care or treatment in a<br>reasonable and practicable manner.54-52.4-05. Certification for leave to care for child, spouse, parent, or employee'sserious health condition.Page No. 21.If an employee requests family leave for the reasons described in subdivision c or d<br>of subsection 1 of section 54-52.4-02 or leave under section 54-52.4-03, the<br>employer may require the employee to provide certification, as described in<br>subsection 2, from the provider of health care to the child, spouse, parent, or<br>employee.2.An employer may not require certification of more than:a.That the child, spouse, parent, or employee has a serious health condition.b.The date the serious health condition commenced and its probable duration.c.Within the knowledge of the health care provider, the medical facts regarding<br>the serious health condition.54-52.4-06. Continued health coverage. During a period that an employee takes familyleave, the employer shall continue to make any group health insurance coverage or health care<br>plan for its employees and their dependents available to the employee and the employee's<br>dependents under the conditions that applied immediately before the family leave began. The<br>employer is not required to pay any cost of insurance or health care for that employee and the<br>employee's dependents while the employee is on family leave.54-52.4-07. Position upon return from leave.1.When an employee returns from family leave the employer shall immediately place<br>the employee in an employment position as follows:a.If the employment position the employee held immediately before the family<br>leave began is vacant, in that position.b.If the employment position which the employee held immediately before the<br>family leave began is not vacant, in an employment position having equivalent<br>compensation, benefits, hours of employment, and other terms and conditions<br>of employment.c.If, during the family leave, the employer experiences a layoff and the employee<br>would have lost a position had the employee not been on leave, pursuant to the<br>good-faith operation of a bona fide layoff and recall system, including a system<br>under a collective bargaining agreement, the employee is not entitled to<br>reinstatement in the former or equivalent position. In such circumstances, the<br>employee retains all rights under the layoff and recall system, including a<br>system under a collective bargaining agreement, as if the employee had not<br>taken the leave.2.If an employee on family leave requests a return to work before the end of the leave<br>as scheduled, the employer shall place the employee in an employment position of<br>the type described in subsection 1 within a reasonable time not exceeding the<br>duration of the leave as scheduled.3.No employer may, because an employee received family leave, reduce or deny an<br>employment benefit that accrued to the employee before the employee's leave<br>began or accrued after the employee's leave began. However, this chapter does not<br>entitle a returning employee to a right, employment benefit, or employment position<br>to which the employee would not have been entitled had the employee not taken<br>family leave or to the accrual of any seniority or employment benefit during a period<br>of family leave, unless otherwise provided by a collective bargaining or other<br>agreement between the employer and employee.Page No. 354-52.4-08.Prohibited acts - Individual remedies.No person may interfere with,restrain, or deny the exercise of any right provided under this chapter.In addition to anyremedies otherwise provided by law, any person injured by a violation of this chapter has a claim<br>for relief to recover any damages, together with costs and disbursements, including reasonable<br>attorney's fees, and may receive injunctive and other equitable relief as determined by the court.54-52.4-09. Scope.1.This chapter does not prohibit an employer from providing employees with rights to<br>family leave which are more generous to the employee than the rights provided by<br>this chapter.2.This chapter does not limit or diminish an employee's rights or benefits under<br>chapters 52-01 through 52-07.1.54-52.4-10.Application.This chapter first applies, with respect to any employeecovered by a collective bargaining agreement on January 1, 1990, on the day after that collective<br>bargaining agreement expires or is extended or renewed.Page No. 4Document Outlinechapter 54-52.4 state employee leave policies]]>