An employee who is placed on family and medical leave by the employing authority because of an alleged compensable injury may not be required to accept transitional duty offered in lieu of continuing on family and medical leave. If, however, an employee accepts transitional duty while on family and medical leave, the employee retains the right to be returned to the employee's preinjury position or an equivalent position upon expiration of the employee's family and medical leave.
N.D. Admin Code 4-11-02-08
General Authority: NDCC 28-32-02
Law Implemented: NDCC 65-04-03.1