North Dakota Maternity and Pregnancy laws & HR compliance analysis

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. 14-02.4-01 et 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.
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.
During the period that the employee takes family leave, the employer must continue to make any group health insurance coverage or healthcare plan for its employees and their dependents available to the employee and the employee's dependents under the conditions that ...

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