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]
398A-1 Definitions.
§398A-1 Definitions. As used in this chapter: “Employee” means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least one year immediately preceding the commencement of leave provided under this chapter. “Employee benefits” […]
398-4 Unpaid leave permitted; relationship to paid leave; sick leave.
§398-4 Unpaid leave permitted; relationship to paid leave; sick leave. (a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four […]
398-28 Compliance review.
§398-28 Compliance review. The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter. [L 1995, c 154, pt of §3]
398A-2 Inapplicability.
§398A-2 Inapplicability. This chapter shall not apply to any leave of absence provided to any public employee serving as an organ or bone marrow donor pursuant to section 78-23.6. [L 2014, c 161, pt of §1]
398-5 Notice.
§398-5 Notice. In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in […]
398-29 Penalty.
§398-29 Penalty. Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor. [L 1995, c 154, pt of §3]