North Dakota Paid Family Leave Laws

As of January 3, 2025, North Dakota does not have a state-mandated Paid Family Leave (PFL) program for private-sector employees. However, both federal and state laws provide certain leave entitlements that may apply to employees in the state.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child or caring for a seriously ill family member. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does North Dakota Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

North Dakota does not have a state-mandated PFL program that differs from federal laws. The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. Additionally, North Dakota has its own Family Leave Act, which applies to state government employers and permits unpaid leave for certain family-related reasons.

What Counts as a Qualifying Event for Paid Family Leave in North Dakota?

Under the FMLA, qualifying events include:

• Birth and Care of a Newborn Child: Leave for the birth of a child and to care for the newborn within one year of birth.
• Adoption or Foster Care Placement: Leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Serious Health Condition: Leave to care for the employee’s spouse, child, or parent who has a serious health condition, or when the employee is unable to work due to a serious health condition.
• Military Family Leave: Leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

North Dakota’s Family Leave Act for state employees includes similar qualifying events, such as the birth or adoption of a child and caring for a family member with a serious health condition.

Are There Requirements to be Eligible for Paid Family Leave in North Dakota?

Eligibility criteria under the FMLA include:

• Employer Coverage: The employer must have 50 or more employees within a 75-mile radius.
• Employee Tenure: The employee must have worked for the employer for at least 12 months.
• Hours Worked: The employee must have completed at least 1,250 hours of service during the 12 months preceding the leave.

North Dakota’s Family Leave Act applies to state government employers and has specific eligibility requirements for state employees.

Is There a Minimum Amount of Paid Family Leave Time Required in North Dakota?

Since North Dakota does not have a state-mandated PFL program, there is no minimum amount of paid family leave time required by state law. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave within a 12-month period for qualifying events.

Is There a Minimum Amount of Maternity Leave Time Required in North Dakota?

North Dakota does not mandate a minimum amount of maternity leave for private-sector employees. Eligible employees may utilize up to 12 weeks of unpaid leave under the FMLA for maternity-related reasons. State employees may have additional entitlements under North Dakota’s Family Leave Act.

Is Paternity Leave Required by Law in North Dakota?

There is no state-mandated paternity leave requirement for private-sector employees in North Dakota. Eligible employees may use FMLA leave for paternity purposes, such as bonding with a newborn or newly placed child. State employees may have specific provisions under the state’s Family Leave Act.

Who Pays for Paid Family Leave in North Dakota?

In the absence of a state-mandated PFL program, there is no designated funding mechanism for paid family leave in North Dakota. Under the FMLA, leave is unpaid, and employers are not required to provide paid leave. However, employees may choose to use accrued paid leave, such as vacation or sick leave, concurrently with FMLA leave, subject to employer policies.

Conclusion

While North Dakota does not have a state-mandated Paid Family Leave program for private-sector employees, federal provisions under the FMLA offer unpaid, job-protected leave for qualifying family and medical reasons. State employees may have additional leave entitlements under North Dakota’s Family Leave Act. Employers and employees should familiarize themselves with both federal and state laws to understand their rights and responsibilities regarding family and medical leave.