Time off - North Dakota

Criminal justice proceeding

North Dakota law provides that employers of victims and witnesses must cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.

Jury duty

North Dakota law does not require private sector employers to pay employees serving on jury duty.

North Dakota law requires public sector employees to be paid for jury duty, minus any fee received from the court.

Paid time off (PTO)

North Dakota law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.

When an employee involuntarily separates from employment, an employer must pay out all accrued or earned vacation upon separation.

If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:

1. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;
2. The employee has been employed by the employer for less than one year; and
3. The employee gave the employer less than five days' written or verbal notice.

Voting

North Dakota law encourages employers to establish a program to grant an employee who is a qualified voter to be absent from the employee’s employment for the purpose of voting unless the employee has time to vote during nonworking hours.