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, […]
398-27 Notice of right to sue and employee remedies.
§398-27 Notice of right to sue and employee remedies. (a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil action brought pursuant to this […]
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]
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]
398-6 Certification.
§398-6 Certification. (a) An employer may require that a claim for family leave be supported by written certification. (b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a […]
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 […]