North Dakota Volunteer Emergency Responder Leave (N.D. Cent. Code §§ 37-29-01, et seq.)

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Covered Employers: All employers

Employee Eligibility: Any employee who is a volunteer emergency responder, meaning an individual in good standing as a volunteer member of the army national guard or air national guard of North Dakota or any other state; or a volunteer civilian member of the civil air patrol.

Entitlement: An employer may not terminate or demote an employee who is a volunteer emergency responder or in any other manner discriminate against that employee in the terms and conditions of employment based upon the employee being absent or tardy from employment due to serving as a volunteer emergency responder in responding to a disaster or emergency. Except for an involuntarily activated national guard member, this entitlement does not apply if the period exceeds 20 regular working days in a calendar year.

The leave entitlement is not applicable under the following circumstances:

• If the employer is a private entity and the employer's executive officer in charge of the private entity determines the employment services provided by an employee who is a volunteer emergency responder are so critical the services cannot be performed by another employee and the employee's absence will create the potential for irreparable harm to or permanent closure of the private entity. In this event the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee’s absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder. b. Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder.

• If the employer is a state agency, an agency of a political subdivision, or a private entity that performs critical emergency services during a disaster or emergency, and the employer's executive officer determines the absence of an employee who is also a volunteer emergency responder will cause undue hardship or the inability of the employer to provide critical emergency services during a disaster or emergency. In this event the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee’s absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder. b. Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder.

Employer Notice: Not specified

Employee Notice: An employee who will be absent or tardy from the employee's place of employment while serving as a volunteer emergency responder in the case of a disaster or emergency shall make reasonable efforts to notify the employer of that service.

Obligation to Provide Certifications or Documents Supporting Need for Leave: An employer may request that an employee provide the employer with written verification of times and dates of instances during which the employee was absent or tardy from employment due to serving as a volunteer emergency responder in the case of a disaster or emergency. Verification under this subsection may include a statement from the department of emergency services, the adjutant general's office, the North Dakota wing of the civil air patrol, or other appropriate entity.

Paid?: No. This section does not limit an employer from charging against an employee's regular pay the time the employee is absent or tardy from employment while service as a volunteer emergency responder to a disaster or emergency.

Benefits: Not specified

Reinstatement: Not specified

Other Important Definitions/Requirements: The law also contains an anti-discrimination provision. An employer may not discriminate from hiring or otherwise deny employment to an individual who is a volunteer emergency responder, based on the fact the individual is a volunteer emergency responder.

Relationship with Other Leave: Not specified

ClaimVantage Absence Specification