(1)Any covered individual
who has been employed with the covered individual's current employer for at least
180 days prior to the commencement of the covered individual's paid family and
medical leave who exercises the covered individual's right to family and medical
leave insurance benefits shall be entitled, upon return from that leave, to be
restored by the employer to the position held by the covered individual when the
leave commenced, or to be restored to an equivalent position with equivalent
employment benefits, pay and other terms and conditions of employment. Nothing
in this section entitles any restored employee to:
(a)The accrual of any seniority or employment benefits during any period of
leave; or
(b)Any right, benefit, or position of employment other than any r
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(1) Any covered individual
who has been employed with the covered individual's current employer for at least
180 days prior to the commencement of the covered individual's paid family and
medical leave who exercises the covered individual's right to family and medical
leave insurance benefits shall be entitled, upon return from that leave, to be
restored by the employer to the position held by the covered individual when the
leave commenced, or to be restored to an equivalent position with equivalent
employment benefits, pay and other terms and conditions of employment. Nothing
in this section entitles any restored employee to:
(a) The accrual of any seniority or employment benefits during any period of
leave; or
(b) Any right, benefit, or position of employment other than any right, benefit,
or position to which the employee would have been entitled had the employee not
taken the leave. Nothing in this section relieves an employer of any obligation under
a collective bargaining agreement.
(2) During any paid family and medical leave taken pursuant to this part 5,
the employer shall maintain any health-care benefits the covered individual had
prior to taking such leave for the duration of the leave as if the covered individual
had continued in employment continuously from the date the individual commenced
the leave until the date the family and medical leave insurance benefits terminate.
The covered individual shall continue to pay the covered individual's share of the
cost of health benefits as required prior to the commencement of the leave.
(3) It is unlawful for an employer or any other person to interfere with,
restrain, or deny the exercise of, or the attempt to exercise, any right protected
under this part 5.
(4) An employer, employment agency, employee organization or other
person shall not take retaliatory personnel action or otherwise discriminate against
a person because the individual exercised rights protected under this part 5. Such
rights include, but are not limited to, the right to: request, file for, apply for or use
benefits provided for under this part 5; take paid family and medical leave from
work under this part 5; communicate to the employer or any other person or entity
an intent to file a claim, a complaint with the division or courts, or an appeal; testify
or assist in any investigation, hearing or proceeding under this part 5, at any time,
including during the period in which the person receives family and medical leave
insurance benefits under this part 5; inform any person about any employer's
alleged violation of this part 5; and inform any person of his or her rights under this
part 5.
(5) It is unlawful for an employer to count paid family and medical leave
taken under this part 5 as an absence that may lead to or result in discipline,
discharge, demotion, suspension or any other adverse action.
(6) (a) An aggrieved individual under this section may bring a civil action in a
court of competent jurisdiction.
(b) An employer who violates this section is subject to the damages and
equitable relief available under 29 U.S.C. section 2617 (a)(1).
(c) Except as provided in section 8-13.3-509 (6)(d), a claim brought in
accordance with this section must be filed within two years after the date of the
last event constituting the alleged violation for which the action is brought.
(d) In the case of such action brought for a willful violation of this section,
such action may be brought within 3 years of the date of the last event constituting
the alleged violation for which such action is brought.
(7) The director, by rule, shall establish a fine structure for employers who
violate this section, with a maximum fine of $500 per violation. The director shall
transfer any fines collected pursuant to this section to the state treasurer for
deposit in the fund. The director, by rule, shall establish a process for the
determination, Assessment, and appeal of fines under this subsection.
(8) This section does not apply to an employee of a local government that
has elected coverage pursuant to section 8-13.3-514.