Family and Medical Leave

  • State and federal laws provide for an employee to use up to 12 weeks of unpaid leave for the birth, adoption, or foster placement of a child or for a serious health condition of a parent, child, spouse, employee, or qualifying exigency if the employees spouse, child, or parent is a member of the regular or reserved component of Armed Forces on active duty or called to active duty to a foreign country.
  • The family and medical leave is available to employees who have been employed by the state for at least 12 months and worked at least 1,250 hours for the state during the previous 12 months. The state is considered the employer - not each separate agency.
  • Family and medical leave may be taken consecutively, intermittently, or on a reduced work schedule.
  • The leave is prorated for part-time employees.
  • If both spouses are employed by the state, the combined leave may not exceed the applicable 12 weeks.
  • When an employee is aware of the need for family and medical leave, the employee is required to provide the agency with notice 30 days in advance. When leave is not foreseeable, the employee can give notice as soon as he or she is aware of the need. Notice can be verbal or in writing, in person, or by telephone.
  • Medical certification may be required by the agency. However, it is limited to stating only that: a serious health condition exists, the date of commencement and probable duration, or the medical factors to the best of the provider’s knowledge.
  • An agency must continue health benefits at the same level and coverage had the employee not taken leave.
  • Birth, adoption, or foster care leave must be taken within 12 months of the event.
  • When family and medical leave is completed, the employee must be returned to the same position or a position with equivalent compensation and benefits. If a layoff would have caused the position to have been lost, this reinstatement provision does not apply.
  • A spouse, son, daughter, parent, or next of kin shall take up to 26 weeks of unpaid leave during a 12 month period to provide care for a member of the Armed Forces, including National Guard or Reserves, who is injured in the line of duty or active duty and is undergoing treatment, recuperation, or therapy.


NDCC 54-52.4
Family and Medical Leave Act
Family and Medical Leave Act Employee Rights and Responsibilities