§ 54-52.4-02 — Family leave

North Dakota § 54-52.4-02

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-52.4: State Employee Leave Policies

Text

1. An employer shall grant an employee's request for a family leave of absence for any of
the following reasons:
a. To care for the employee's child by birth, if the leave concludes within twelve
months of the child's birth.
b. To care for a child placed with the employee, by a child-placing agency licensed
under chapter 50-12, for adoption or as a precondition to adoption under section
14-15-12, but not both, or for foster care, if the leave concludes within twelve
months of the child's placement.
c. To care for the employee's child, spouse, or parent if the child, spouse, or parent
has a serious health condition.
d. Because of the employee's serious health condition that makes the employee
unable to perform the functions of the employee's job.
e. Because of the death of the employee's child, if the leave concludes within six
months of the child's death.
f. To care for the employee's child, regardless of age, spouse, or parent who is a
covered service member or veteran with a serious injury or illness under the
definition of serious injury or illness for a military service member or veteran as
adopted by the United States department of labor.
2. Except as otherwise provided under this section, for any combination of reasons
specified in subsection 1, an employee may take family leave in any twelve-month
period for not more than twelve workweeks. The twelve weeks of family leave may be
taken intermittently for leave under subdivision a or b of subsection 1 if approved by

the employer. The twelve weeks of family leave may be taken intermittently for leave
under subdivision c or d of subsection 1 if the leave is medically necessary. The twelve
weeks of family leave taken under subdivision e of subsection 1 may be taken
intermittently if approved by the employer. If an employee normally works a part-time
schedule or variable hours, the amount of leave to which an employee is entitled must
be determined on a pro rata or proportional basis by comparing the new schedule with
the employee's normal schedule.
3. Notwithstanding the twelve-workweek limitation under subsections 2 and 4, leave
under subdivision f of subsection 1 is limited to a combined twenty-six workweeks of
leave in any twelve-month period and is limited to once per service member or veteran
per serious injury or illness.
4. In any case in which a husband and wife entitled to family leave under this chapter are
employed by the same employer, the aggregate period of family leave to which both
are entitled may be limited by the employer to twelve workweeks during any
twelve-month period.
5. An employee reasonably shall consider the needs of the employer in scheduling family
leave under this section or in using leave under section 54-52.4-03.
6. The family leave required by this chapter is not required to be granted with pay unless
otherwise specified by agreement between the employer and employee, by collective
bargaining agreement, or by employer policy.
7. The family leave required by this chapter supplements any leave otherwise available
to an employee.