Due to the recent health crisis, employers and employees are faced with new questions regarding regulations and rights for both employees and employers. North Dakota Department of Commerce and the North Dakota Department of Labor and Human Rights are working together to ensure resources and guidance are provided to all residents of North Dakota.
In this section you will find information pertaining laws and regulations that may affect employees and employers during a health crisis. Topics include PTO, employee statuses, remote working, job duties and guidance for union members.
Click here to view Labor Q&A Click here to view Paid Sick, Family & Medical Leave Q&A
Additional Labor Resources:
North Dakota Job Service
North Dakota Labor and Human Rights
COVID-19 and the Fair Labor Standards Act (FLSA)
- *Note: There are differences between Federal and State labor laws. In those cases, the law which applies is the one that is most beneficial to the employee.
COVID-19 and the Family Medical Leave Act (FMLA)
North Dakota Wage and Hour Statutes
North Dakota Wage and Hour Regulations
COVID-19 and the ADA
Paid Leave Families First Response Act
A public, private or individual business employer, who has under 500 employees, is required to provide up to 80 hours for full or part time employees who is unable to work or telework due to COVID-19. The requirement applies when the employee must leave because of required isolation or quarantine, they are experiencing symptoms of COVID-19, caring for an individual who is subject to quarantine, or caring for a son/daughter whose childcare or school closed due to the coronavirus. There are some exclusions including healthcare providers or emergency responders. Sick leave shall not exceed $511/day.
Under the proposed expanded FMLA, covered employers (those with fewer than 500 employees) will have to allow 12 weeks of FMLA leave for use by employees who have been employed for 30 days. The first two weeks can be unpaid, although employees may elect to use other paid benefits to cover it.
The Families First Coronavirus Response Act includes a refundable payroll tax credit for the paid leave to help employers pay leave requirements. Business owners can take a payroll tax credit each quarter that equals 100% of the paid sick leave or paid family wages they must pay out. The tax credit is put up against the employer’s portion of Social Security taxes.
Q&A - Emergency Paid Sick Leave Act
This statute provides for immediate use of up to 80 hours of paid leave for eligible employees, in addition to any other leave policies afforded by the employer.
Q&A - Emergency Family and Medical Leave Expansion Act
This section permits employees to take public health emergency leave through December 31, 2020, to care for the employee's child during a coronavirus disease 2019 (COVID-19) public-health emergency.
Q&A - Tax Credits for Paid Sick and Paid Family and Medical Leave
The statute also provides for refundable payroll tax credits through 2020 for employers that provide paid leave in accordance with either the Emergency Family and Medical Leave Expansion Act or the Emergency Paid Sick Leave Act.
Additional Information Families First Coronavirus Response Act
Complete Version - H.R. 6201 - Families First Coronavirus Response Act
Summary Version - H.R. 6201 - Families First Coronavirus Response Act