North Dakota Sick Leave: What you need to know

There is no North Dakota law requiring private sector employers to provide employees paid or unpaid sick leave. It is important to remember, however, that if sick leave is promised, an employer may have a legal obligation to grant it. Thus, employers should regularly review policy statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If not, they should be changed, and employees should be notified of the changes.
Separation from employment. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off (PTO) if:
(1) At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued PTO;
(2) The employee has been employed by the employer for less than 1 year; and
(3) The employee gave the employer less than 5 days’ written or verbal notice.
If all of these requirements are not met, employers are required to pay employees for all PTO earned or awarded at the time of termination. No employment contract or policy may provide for forfeiture of that right.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Effective August 1, 2015, an employer is no longer required to compensate employees for unused PTO or vacation time “awarded” by the employer but not yet “earned” by the employee if the company has a written policy limiting PTO payouts upon termination.
Although the terms “awarded” and “earned” are not defined in the statute, an employer with a carefully drafted policy could presumably “award” all PTO (or a portion of the amount earned for the year) in January but require that it be “earned” at a certain rate throughout the year. Under such a policy, employees could take PTO as needed, but ...

>> Read more about Sick Leave

More on this topic:

State Requirements

National | Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

North Dakota Sick Leave Resources

Sick Leave Products

HR Redi2Use Form: Military Leave of Absence

This is your answer to document employee leave requests. A proven, prewritten form that covers specific policy situation exactly when you need it. "
HR Redi2Use Form: Sick Leave

This is your answer to document employee leave requests. A proven, prewritten form that covers specific policy situation exactly when you need it. "
Pay and Benefits Rules for Employees on Leave Recording
BLR Webinar: "Pay and Benefits Rules for Employees on Leave: Incentive-Based Comp, PTO, Insurance Premiums, and More""
FMLA Abuse Prevention for HR Webinar Recording
BLR Webinar: "FMLA Abuse Prevention for HR: How to Combat Chronic Call-Ins and Fraud""
FMLA Abuse Stops Now Webinar Recording
BLR Webinar: "FMLA Abuse Stops Now: HR’s How-to for Chronic Call-Ins and Fraud""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.