Section 4-07-38-03 - Uses of family medical leave1. An employee may request 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 subdivision f of subsection 1 of North Dakota Century Code section 54-52.4-02, 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 subdivisions a through e of subsection 1 of North Dakota Century Code section 54-52.4-02 and a combined total of twenty-six weeks of family medical leave if taken under subdivision f of subsection 1 of North Dakota Century Code section 54-52.4-02.4. 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.N.D. Admin Code 4-07-38-03
Adopted by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-52.4