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

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

Some states have comprehensive laws that 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, but North Dakota does not have such a law. However, North Dakota employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA).
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The North Dakota Human Rights Act prohibits employment practices that discriminate on the basis of sex, including pregnancy, childbirth, and disabilities related to pregnancy or childbirth. As a general rule, employees with pregnancy-related disabilities must be offered the same leave privileges as employees with other types of temporary disabilities. The Act covers all employers regardless of size (ND Cent. Code Sec. 14-02.4-01et seq.).
North Dakota offers some family and medical leave protections to its public employees (ND Cent. Code Sec. 54-52.4-01et seq.).
Covered employers include the state, but does not include any political subdivisions of the state.
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.
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 for adoption (but not both) or for foster care, if the leave begins within 16 weeks of ...

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