VOLUNTEER EMERGENCY RESPONDER JOB PROTECTION CHAPTER 37-29 37-29-01. Definitions

As used in this chapter, unless the context otherwise requires: 1

"Disaster or emergency" means circumstances resulting in a volunteer emergency responder acting in the capacity as a volunteer emergency responder

"Volunteer emergency responder" means an individual in good standing as: a

A volunteer member of the army national guard or air national guard of this state or any state; or A volunteer civilian member of the civil air patrol

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37-29-02. Discrimination prohibited in hiring practices - Civil actions

An employer may not discriminate from hiring or otherwise deny employment to an individual who is a volunteer emergency responder, based on the fact the individual is a volunteer emergency responder. A volunteer emergency responder who is discriminated against or denied employment under this section may bring a civil action against the employer that violated this section, seeking reasonable reparations for damages caused due to the discrimination or denial of employment. A civil action under this section must be commenced within one year of the date of the violation

37-29-03. Discrimination prohibited in employment practices - Limitations - Verification - Civil actions

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An employer may not terminate or demote an employee who is a volunteer emergency responder or in any other manner discriminate against that employee in the terms and conditions of employment based upon the employee being absent or tardy from employment due to serving as a volunteer emergency responder in responding to a disaster or emergency

An employee who is terminated, demoted, or otherwise discriminated against in violation of this section may bring a civil action against the employer that violated this subsection. In the civil action, the employee may seek reinstatement to the employee's former position; payment of back wages; reinstatement of fringe benefits; and if seniority rights are granted, the employee may seek reinstatement of seniority rights. A civil action under this section must be commenced within one year of the date of the violation

Except for an involuntarily activated national guard member, subsection 1 does not apply if due to serving as a volunteer emergency responder, the employee is absent or tardy from the employee's place of employment for a period that exceeds twenty regular working days in a calendar year

In order to receive the protections of subsection 1, an employee who will be absent or tardy from the employee's place of employment while serving as a volunteer emergency responder in the case of a disaster or emergency shall make reasonable efforts to notify the employer of that service

An employer may request that an employee provide the employer with written verification of times and dates of instances during which the employee was absent or tardy from employment due to serving as a volunteer emergency responder in the case of a disaster or emergency. Verification under this subsection may include a statement from the department of emergency services, the adjutant general's office, the North Dakota wing of the civil air patrol, or other appropriate entity

This section does not limit an employer from charging against an employee's regular pay the time the employee is absent or tardy from employment while serving as a volunteer emergency responder to a disaster or emergency

Page No. 1 37-29-04. Exceptions

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Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency, an agency of a political subdivision, or a private entity that performs critical emergency services during a disaster or emergency, and the employer's executive officer determines the absence of an employee who is also a volunteer emergency responder will cause undue hardship or the inability of the employer to provide critical emergency services during a disaster or emergency. Under this subsection the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee's absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder

Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder

Subsection 1 of section 37-29-03 is not applicable if the employer is a private entity and the employer's executive officer in charge of the private entity determines the employment services provided by an employee who is a volunteer emergency responder are so critical the services cannot be performed by another employee and the employee's absence will create the potential for irreparable harm to or permanent closure of the private entity. Under this subsection the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee's absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder

Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder

The governor or adjutant general may supersede the decision of the executive officer which was made under subsection 1 or 2 if the governor or adjutant general determines the nature of the emergency or disaster is so serious that the services provided by the volunteer emergency responder are key and essential to the emergency response efforts and public safety responsibilities of the adjutant general's office

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