398-7 Employment and benefits protection.
§398-7 Employment and benefits protection. (a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If, however, […]
398-8 Prohibited acts.
§398-8 Prohibited acts. (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made […]
398-9 Administration.
§398-9 Administration. (a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter. (b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave. (c) The director also may hire, subject to chapter 76, investigators, hearings officers, clerical, stenographic, and […]
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 […]
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 […]