US Lawyer Database

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-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 […]

398-9.5 Family leave data collection system; establishment.

§398-9.5 Family leave data collection system; establishment. (a) There is established a family leave data collection system to: (1) Ensure that all employees covered by the benefits of this chapter are informed of their rights under this chapter and their names are entered into the database upon application for benefits; (2) Collect pertinent data, consistent […]

398-10 Applicability.

§398-10 Applicability. (a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter. (b) Nothing in this chapter shall be construed to modify, […]

398-11 Rules.

§398-11 Rules. Subject to chapter 91, the director may adopt rules necessary for the enforcement and administration of this chapter. The rules shall have the force and effect of law. [L 1993, c 152, §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 […]