398A-3 Leave requirement.
§398A-3 Leave requirement. (a) Subject to subsection (d), an employer shall provide to an employee leave of absence not exceeding: (1) Seven days each calendar year to serve as a bone marrow donor or peripheral blood stem cell donor; and (2) Thirty days each calendar year to serve as an organ donor; provided that the […]
398A-4 Restoration of employment.
§398A-4 Restoration of employment. An employer, upon expiration of a leave authorized by this chapter, shall restore an employee to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an […]
398A-5 Employee rights.
§398A-5 Employee rights. (a) An employer shall not interfere with, restrain, or deny the exercise of, or an attempt to exercise, a right established by this chapter. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who: (1) Exercises a right provided under this chapter; […]
398A-6 Civil action.
§398A-6 Civil action. An employee may bring a civil action to enforce this chapter. The court may enjoin any act or practice that violates this chapter and may order any equitable relief necessary and appropriate to redress the violation or to enforce this chapter. [L 2014, c 161, pt of §1]
398-21 Filing of complaint.
§398-21 Filing of complaint. (a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing. (b) The attorney general or the department, in like manner, may file a complaint on behalf of an individual. (c) A complaint may be filed on behalf of a […]
398-22 Predetermination settlement.
§398-22 Predetermination settlement. At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement. [L 1995, c 154, pt of §3]
398-23 Investigation and conciliation.
§398-23 Investigation and conciliation. (a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the material and interview […]
398-24 Appeal and hearing.
§398-24 Appeal and hearing. (a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director. (b) The hearings officer shall schedule a contested case hearing that shall be heard in accordance with chapter 91. (c) At any time […]
398-25 Civil action.
§398-25 Civil action. (a) If an employer fails or neglects to comply with the: (1) Final order of the department from which no appeal has been taken as provided by this chapter; or (2) Final decision of the hearings officer, the department or the affected employee may apply to any court of competent jurisdiction to […]
398-26 Remedies.
§398-26 Remedies. (a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate. (b) Relief under this section may include: (1) The amount of any wages, […]