§ 38-103-80 — Eligibility for family leave benefits.

Eligibility for family leave benefits under this article may be limited, excluded, or reduced, but any limitations, exclusions, or reductions shall be set forth in the policy of insurance. Permissible limitations, exclusions, or reductions may include, but are not limited to, any of the following reasons: (1) for any period of family leave wherein the required notice and medical certification as prescribed in the policy have not been provided; (2) for any family leave related to a serious health condition or other harm to a family member brought about by the wilful intention of the employee; (3) for any period of family leave during which the employee performed work for remuneration or profit; (4) for any period of family leave for which the employee is eligible to receive from his employer, or from a fund to which the employer has contributed remuneration or maintenance; (5) for any period of family leave which the employee is eligible to receive benefits under any other statutory program or employer-sponsored program including, but not limited to, unemployment insurance benefits, worker's compensation benefits, statutory disability benefits, statutory paid leave benefits, or any paid time off or employer's paid leave policy; (6) for any period of family leave commencing before the employee becomes eligible for family leave benefits under the policy; or (7) for periods of family leave where more than one person seeks family leave for the same family member.

Legislative History

HISTORY: 2024 Act No. 206 (H.4832), SECTION 2, eff May 21, 2024.