Note Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-1 Definitions. As used in this chapter, unless the context clearly requires otherwise: “Child” means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. “Department” means the department […]
§398-1.5 Posting of notices. Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way […]
§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. 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]
§398-2 Inapplicability. The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees. [L 1991, c 328, pt of §1]
§398-3 Family leave requirement. (a) An employee shall be entitled to a total of four weeks of family leave during any calendar year: (1) Upon the birth of a child of the employee or the adoption of a child; or (2) To care for the employee’s child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with […]
§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 […]
§398-5 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 […]
§398-6 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. (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. (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. (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. (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 […]
