2016 North Dakota Century Code Title 37 Military Chapter 37-29 Volunteer Emergency Responder Job Protection
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CHAPTER 37-29
VOLUNTEER EMERGENCY RESPONDER JOB PROTECTION
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.
2. "Volunteer emergency responder" means an individual in good standing as:
a. A volunteer member of the North Dakota army national guard or North Dakota air
national guard; or
b. A volunteer civilian member of the civil air patrol.
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.
1. 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.
2. 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.
3. Except for an involuntarily activated North Dakota 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.
4. 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.
5. 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.
6. 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.
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37-29-04. Exceptions.
1. 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.
b. Provide the employee notification of the determination the absence is
unauthorized before the employee reports for duty as a volunteer emergency
responder.
2. 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.
b. Provide the employee notification of the determination the absence is
unauthorized before the employee reports for duty as a volunteer emergency
responder.
3. 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.
Page No. 2
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