North Dakota § 54-52.4-07 Position upon return from leave

North Dakota Statutes

§ 54-52.4-07 — Position upon return from leave

North Dakota § 54-52.4-07

Title 54State Government

Ch. 54-52.4State Employee Leave Policies

This text of North Dakota § 54-52.4-07 (Position upon return from leave) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 54-52.4-07 (2026).

Text

1.When an employee returns from family leave the employer shall immediately place the employee in an employment position as follows:

a.If the employment position the employee held immediately before the family leave began is vacant, in that position.

b.If the employment position which the employee held immediately before the family leave began is not vacant, in an employment position having equivalent compensation, benefits, hours of employment, and other terms and conditions of employment.

c.If, during the family leave, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good-faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is n

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1. When an employee returns from family leave the employer shall immediately place the
employee in an employment position as follows:
a. If the employment position the employee held immediately before the family leave
began is vacant, in that position.
b. If the employment position which the employee held immediately before the
family leave began is not vacant, in an employment position having equivalent
compensation, benefits, hours of employment, and other terms and conditions of
employment.
c. If, during the family leave, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the
good-faith operation of a bona fide layoff and recall system, including a system
under a collective bargaining agreement, the employee is not entitled to
reinstatement in the former or equivalent position. In such circumstances, the
employee retains all rights under the layoff and recall system, including a system
under a collective bargaining agreement, as if the employee had not taken the
leave.
2. If an employee on family leave requests a return to work before the end of the leave as
scheduled, the employer shall place the employee in an employment position of the
type described in subsection 1 within a reasonable time not exceeding the duration of
the leave as scheduled.
3. No employer may, because an employee received family leave, reduce or deny an
employment benefit that accrued to the employee before the employee's leave began
or accrued after the employee's leave began. However, this chapter does not entitle a
returning employee to a right, employment benefit, or employment position to which
the employee would not have been entitled had the employee not taken family leave or
to the accrual of any seniority or employment benefit during a period of family leave,
unless otherwise provided by a collective bargaining or other agreement between the
employer and employee.