North Dakota Leave of Absence (FMLA) laws & HR compliance analysis

North Dakota Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, North Dakota does not have such a law. Specifically, as an attempt to avoid the large number of leave laws seen in other states, HB 1398 provides that no North Dakota political subdivision may adopt or enforce an ordinance requiring an employer to provide an employee with paid family leave (such as leave to care for sick family members or parenting leave) that exceeds the requirements of state or federal laws and rules. All employers doing business in the state (except public employers) and all employees employed in the state by an employer are included. HB 1398 became effective on March 16, 2021.
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Family and medical leave–public employers. North Dakota offers some family and medical leave protections to its public employees (ND Cent. Code Sec. 54-52.4-01et seq.).
Employers covered. Covered employers include the state but do not include any political subdivisions of the state.
Eligible employees. Eligible employees include those employees employed by a covered employer and whose employment is not limited in duration, who are employed for an average of at least 20 hours per week, and who have been employed for at least 1 year.
Qualifying leave reasons. Family leave may be taken for any of the following reasons:
• To care for the employee's newborn, if the leave begins within 16 weeks of the child's birth;
• To care for a child placed with the employee for adoption or as a precondition ...

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