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North Dakota Leave Law

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In addition to rights for all employees under the federal Family and Medical Leave Act (FMLA), public employees in the State of North Dakota may be eligible for State Family Leave. Below is a brief summary of this law.

If you are considering taking leave, consult with your Human Resource Office. Preferably speak with a supervisor to help assure accuracy of the informaiton you receive.

STATE FAMILY LEAVE FOR PUBLIC EMPLOYEES

Who Is Eligible?

You are eligible for Family Leave if:

  • You are employed by the state of North Dakota;
  • You have been employed for the state for at least 12 months, and
  • You have worked at least 1,250 hours for your employer over the pervious 12 months.

How Much Leave Will I Receive?

You may receive up to 12 work weeks of leave in any 12-month period.

What Are Legitimate Reasons for Leave?

  • Because of your own serious health condition which makes you unable to perform the functions of your job.
  • To care for you child, spouse, or parent with a serious health condition.
  • To care for your child (limitation: your leave must end within 12 moths of your child's birth);
  • To care for your adopted or foster child (limitation: your leave must end within 12 moths of the child's placement)

What Notice Is Required?

If you are taking leave in connection with the birth or placement of your child, you are expected to give advance notice in a manner that is reasonable and practicable.

If you are taking leave in connection with a family member's or your own serious health condition: You are expected to make a reasonable effort to schedule planned care or treatment so that it does not unduly disrupt your employer's operations (so long as your or your family member's health care provider approves of the scheduling) and you are expected to provide advance notice in a manner that's reasonable and practicable.

Is A Doctor's Note Required?

If you are taking leave in connection with a family member's or your own serious health condition, your employer may require you to provide certification from a health care provider. Your employer may require certification of the following:

  • That you, your child, spouse, or parent has a serious health condition;
  • The date the serious health condition began and its probable duration; and
  • Medical facts regarding the serious health condition.

What Will Happen To My Benefits While On Leave?

Your employer must continue to make any group health insurance or health plans available to you and your dependents under the same conditions that applied immediately before you began Family Leave. However, your employer is not required to pay any cost of insurance or health care while you are on leave.

Will I Get My Job Back After My Leave?

When you return from leave your employer must place you in your previous position if available, or, if not, in a position having equivalent compensation, benefits, hours of employment, and other terms and conditions of employment.

Is A Doctor's Note Required?

If you are taking leave in connection with a family member's or your own serious health condition, your employer may require you to provide certification from a health care provider. Your employer may require certification of the following:

  1. That you, your child, spouse or parent has a serious health condition;
  2. The date the serious health condition began and its probable duration; and
  3. Medical facts regarding the serious health condition.

What Will Happen To My Benefits While On Leave?

Your employer must continue to make any group health insurance or health plans available to you and your dependents under the same conditions that applied immediately before you began Family Leave. However, your employer is not required to pay any cost of insurance or health care while you are on leave.

Will I Get My Job Back After My Leave?

  • When you return from leave your employer must place you in your previous position if available, or, if not, in a position having equivalent compensation, benefits, hours of employment, and other terms and conditions of employment.You are expected to make a reasonable effort to schedule planned care or treatment so that it does not unduly disrupt your employer's operations (so long as your or your family member's health care provider approves of the scheduling), and
  • You are expected to provide advance notice in a manner that is reasonable and practicable.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 


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