1.Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency, an
agency of a political subdivision, or a private entity that performs critical emergency
services during a disaster or emergency, and the employer's executive officer
determines the absence of an employee who is also a volunteer emergency responder
will cause undue hardship or the inability of the employer to provide critical emergency
services during a disaster or emergency. Under this subsection the executive officer
shall:
a.Make all reasonable efforts to inform an employee who is a volunteer emergency
responder that the employment services that employee performs are essential
and therefore that employee's absence from the workplace will be unauthorized if
the employee is called to report for dut
Free access — add to your briefcase to read the full text and ask questions with AI
1. Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency, an
agency of a political subdivision, or a private entity that performs critical emergency
services during a disaster or emergency, and the employer's executive officer
determines the absence of an employee who is also a volunteer emergency responder
will cause undue hardship or the inability of the employer to provide critical emergency
services during a disaster or emergency. Under this subsection the executive officer
shall:
a. Make all reasonable efforts to inform an employee who is a volunteer emergency
responder that the employment services that employee performs are essential
and therefore that employee's absence from the workplace will be unauthorized if
the employee is called to report for duty as a volunteer emergency responder.
b. Provide the employee notification of the determination the absence is
unauthorized before the employee reports for duty as a volunteer emergency
responder.
2. Subsection 1 of section 37-29-03 is not applicable if the employer is a private entity
and the employer's executive officer in charge of the private entity determines the
employment services provided by an employee who is a volunteer emergency
responder are so critical the services cannot be performed by another employee and
the employee's absence will create the potential for irreparable harm to or permanent
closure of the private entity. Under this subsection the executive officer shall:
a. Make all reasonable efforts to inform an employee who is a volunteer emergency
responder that the employment services that employee performs are essential
and therefore that employee's absence from the workplace will be unauthorized if
the employee is called to report for duty as a volunteer emergency responder.
b. Provide the employee notification of the determination the absence is
unauthorized before the employee reports for duty as a volunteer emergency
responder.
3. The governor or adjutant general may supersede the decision of the executive officer
which was made under subsection 1 or 2 if the governor or adjutant general
determines the nature of the emergency or disaster is so serious that the services
provided by the volunteer emergency responder are key and essential to the
emergency response efforts and public safety responsibilities of the adjutant general's
office.