Understanding Paid Time Off (PTO) and leave policies can be confusing, especially since rules vary by state. In North Dakota leave laws, there aren’t strict state requirements for vacation, sick leave, or other time off, but there are important guidelines and federal laws to consider. This article breaks down the key points of North Dakota Leave Laws, including PTO, vacation accruals, sick leave, maternity and paternity leave, bereavement leave, and jury duty leave. Whether you’re an employer setting up policies or an employee wanting to know your rights, this guide, along with tools like Day Off, will help you understand the basics of time off in North Dakota.
Paid Time Off (PTO) in North Dakota
Vacation Leave Quota
North Dakota does not have a legal requirement for vacation leave.
In North Dakota, there is no mandate for private employers to offer paid or unpaid vacation leave. However, should an employer choose to provide vacation time, they must adhere to applicable state laws, company policies, and employment contracts.
Rechnungsabgrenzungsposten
Vacation accrual is not mandatory in North Dakota, though it is a common practice.
Employers in North Dakota have the flexibility to establish their own vacation accrual systems, which can be based on various increments such as daily, weekly, bi-weekly, semi-monthly, or monthly, often aligned with pay periods. Monthly pay periods are the most common in the state.
Employers also have the option to cap the amount of vacation time an employee can accumulate.
Roll Over (Carry Over, Brought Forward)
Use-It-or-Lose-It policies are permitted.
Employers in North Dakota are allowed to implement a “use-it-or-lose-it” policy, where employees must use their vacation time by a certain date—often the end of the year—or forfeit it. While this policy is legal, employers must ensure that employees are well-informed and given sufficient opportunity to take their vacation.
Statutory Provisions Addressing Vacation Pay
PTO is treated as wages in North Dakota.
When an employer offers PTO, it is considered part of the employee’s wages. This includes various types of leave such as annual leave, personal days, and earned time off, among other benefits that compensate employees for their vacation time.
Payment of Accrued, Unused Vacation on Termination
Accrued PTO must be paid out upon termination, with some exceptions.
Employers are generally required to pay out any accrued PTO at the regular rate of pay when an employee leaves. However, exceptions exist if an employer clearly communicated at the start of employment that accrued PTO may not be paid under certain conditions, such as if the employee resigns without giving at least five days’ notice, or if the employee has worked for less than one year.
Sick Leave in North Dakota
Federal Laws – Leave Quota
Federal law provides 12 weeks of unpaid sick leave.
Under the Family and Medical Leave Act (FMLA), eligible employees in North Dakota, like those in other states, are entitled to 12 weeks of unpaid, job-protected leave for certain medical and family reasons. Eligibility requires that the employee has worked for the employer for at least 12 months, putting in at least 25 hours per week, or 1,250 hours over the past year, at a location with 50 or more employees within a 75-mile radius.
The FMLA allows leave for personal medical issues, caring for a seriously ill family member, or for the birth or adoption of a child.
Employers may offer additional sick leave benefits beyond what is federally required.
North Dakota State Laws
No state-mandated sick leave.
North Dakota does not have additional state laws requiring employers to provide sick leave, whether paid or unpaid. If an employer does offer sick leave, they must follow their own established policies or employment agreements.
Payout
Sick leave in North Dakota is typically unpaid.
Maternity, Paternity, and FMLA in North Dakota
Federal Law
The FMLA provides 12 weeks of unpaid maternity or paternity leave.
Under the FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, including maternity and paternity leave. This leave must typically be taken continuously unless the employer allows otherwise. The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant employees from discrimination in all employment aspects, including hiring, firing, pay, job assignments, and leave.
Additional State Laws in North Dakota
North Dakota does not have additional laws governing maternity or paternity leave.
The North Dakota Human Rights Act prohibits employment discrimination based on various factors, including pregnancy. It requires that pregnancy be treated similarly to other temporary disabilities concerning leave and job reinstatement.
Payout
Maternity and paternity leave in North Dakota are unpaid.
Bereavement Leave in North Dakota (Funeral Leave)
Employers are not obligated to provide bereavement leave.
There is no legal requirement in North Dakota for employers to offer paid or unpaid bereavement leave. However, many employers do provide at least two days of bereavement leave. If an employer offers bereavement leave, they must adhere to their established policies or practices.
Payout
Bereavement leave in North Dakota is generally unpaid.
Jury Duty Leave in North Dakota
Employers must allow unpaid time off for jury duty or witness service.
Employers are required to provide unpaid, job-protected leave to employees for jury duty or witness service. Employees may need to present their jury summons to their employer within a reasonable timeframe to be granted the necessary leave. Employers cannot penalize employees for serving on a jury.
Payout
Employers in North Dakota are not required to pay employees for jury duty leave, though employees who serve as jurors receive $25.00 per day from the court.
Military Leave in North Dakota
Federal Law
The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers in the U.S., including those in North Dakota.
USERRA protects employees called to active duty in the U.S. military, including reinstatement rights, protection from discrimination, continuation of health care benefits for up to 24 months, and up to 5 years of unpaid leave for military service.
North Dakota State Law
North Dakota does not have additional military leave protections beyond USERRA. Only members of the National Guard or Civil Air Patrol are guaranteed job security under state law.
Payout
Military leave in North Dakota is unpaid.
Voting Leave in North Dakota
Employers are encouraged, but not required, to allow time off for voting.
North Dakota law encourages employers to create programs allowing employees time off to vote if their work schedule conflicts with polling hours. However, this is not mandatory, and employees do not have a guaranteed right to time off for voting.
Payout
Voting leave in North Dakota is unpaid.
North Dakota State Holidays in 2024
Private employers are not required to provide holiday leave.
North Dakota law does not require private employers to provide paid or unpaid leave for state holidays. Employers can require employees to work on holidays. However, many employers in North Dakota do offer paid holidays. The state officially observes 11 holidays.