USERRA: North Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Joel Fremstad and Lynn Block, Fremstad Law
- North Dakota law does not provide private sector employees with military leave rights. Private employers must follow the terms of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). See Military Leave.
Private employers in North Dakota are not required by state law to grant a military leave of absence. However, most private employers will be subject to the requirements of federal law under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
State law provides job protection to volunteer emergency responders. A volunteer emergency responder includes 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. See Other Leaves: North Dakota.
Employers should maintain documentation of any impending military leaves. If an employee gives oral notice of an impending military leave, an employer should document such notice and place it in the employee's file. HR personnel should inform all managers/supervisors that they must forward any written notice, and communicate any oral notice, of an employee's pending military leave to the HR department. Employers should remember, however, that under the federal USERRA law, written or oral notice of military leave is sufficient to meet the employee's obligation to inform the employer of the need for military leave.
Employers should also maintain documentation for all employment actions taken against an employee on military-related leave to the same extent as it maintains documentation of those actions for other employees. Because USERRA and military leave lawsuits can arise as a result of alleged discrimination based on military service or enlistment in the military, employers should have documentation to demonstrate that any action it has taken is not related to or the result of an employee's service in the military.
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