FMLA - North Dakota

Employee eligibility

To be eligible for leave benefits, an employee must be employed by the state, have worked for their employer for at least 12 months, and have worked at least 1,250 hours during those 12 months.

Leave entitlement

Like the FMLA, a full-time state employee may take 12 workweeks of family leave. An employee who normally works a part-time schedule or variable hours is entitled to leave that is based on pro rata or a proportional basis.

Also, if a husband and wife work for the same employer, they may be required to share 12 workweeks of family leave during any 12-month period.

Type of leave

Like the FMLA, an employer must grant an employee’s request for a family leave of absence for any of the following reasons:

• Birth of a child (leave must conclude within 12 months of the birth);
• Adoption or foster care (leave must conclude within 12 months of placement);
• To care for the employee’s child, spouse, or parent who has a serious health condition; and
• The employee’s serious health condition that makes them unable to perform the functions of their job.

Maintenance of health benefits

Similar to the FMLA, North Dakota requires that employers continue to make insurance or health care coverage available to the employee and their dependents while they’re on leave; however, an employer is not required to pay any cost of either coverage.

Job restoration

Similar to the FMLA, North Dakota requires that an employee returning to work from leave be restored to the same or similar position occupied at the start of the leave unless the employer experiences a layoff and the employee would have lost a position had he or she not been on leave.

Notice

If an employee is using leave for an expected birth or adoption, the employee must give the employer advance notice in a reasonable and practicable manner. Unlike FMLA where employees are required to provide at least 30 days advance notice before FMLA leave is to begin, however; North Dakota does not mandate a specific timeframe.

If an employee is using leave for their own serious medical condition or that of their child, spouse, or parent, the employee must:

• Make a reasonable effort to schedule the planned care or treatment (with the approval of the health care provider) so that is does not unduly disrupt the employer’s operations; and
• Give their employer advance notice of the planned care or treatment in a reasonable and practicable manner.