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North Dakota Maternity and Pregnancy: What you need to know

The North Dakota Human Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours. The definition of sex includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. The Act covers all employers (ND Cent. Code Sec. 14-02.4-01et seq.).
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Pregnancy must be treated the same as other temporary disability. This includes the commencement and duration of a leave of absence, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement.
Private employers. There is no North Dakota law requiring private sector employers to provide employees family leave, paid or unpaid. It is important to remember that if an employer promises to provide family leave, that employer may have a legal obligation to grant it.
Public employers. Under the State Employees Family Leave Law, public employees are entitled to a maximum of 4 months of unpaid leave in a 12-month period for the birth or adoption of a child or for foster care if the leave begins within 16 weeks of the event, or to care for the employee's spouse, child, or parent with a serious health condition. The amount of leave is to be determined by the employer on a pro rata basis according to a formula based on the average number of hours the employee works per week. If the employer provides sick leave, employees may substitute a maximum of 40 hours of sick leave in a 12-month period for family leave.
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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