NDAC 4-07-38-03
Uses of family medical leave
Cite as N.D. Admin. Code § 4-07-38-03
1.
An employee shall be granted a request for family medical leave of absence consistent with
North Dakota Century Code section 54-52.4-02.
2.
An employee may take family medical leave, for any combination of reasons, in any rolling
twelve-month period for not more than twelve workweeks, except when leave is under North
Dakota Century Code section 54-52.4-02 subdivision f of subsection 1, the employee is limited
to a combined twenty-six workweeks of leave in any rolling twelve-month period and is limited
to once per service member or veteran per serious injury or illness. When medically
necessary, employees may take family medical leave intermittently or on a reduced work
schedule for their own serious health condition, the serious health condition of a family
member, or to care for a covered service member with a serious injury or illness.
3.
An employee and spouse who work for the same employer are entitled to a combined total of
twelve weeks of family medical leave if taken under North Dakota Century Code section
54-52.4-02 subdivisions a through e of subsection 1 and a combined total of twenty-six weeks
of family medical leave if taken under subdivision f of subsection 1.
4.
Family medical leave runs concurrently with all other available leave including paid or donated
leave.
5.
During a period that an employee takes family medical leave, the employer shall continue any
group health insurance coverage for its employees and their dependents available to the
employee under the conditions that applied immediately before the family medical leave
began.