Summary — HB 1608 (North Dakota) — Employee leave for rest and worship
Status: Second reading — failed to pass (yeas 17, nays 76)
Introduced: June 16, 2025 (Introduced by Rep. Heilman)
Bill type: New section to chapter 34‑01, North Dakota Century Code
Purpose
- To require employers to allow employees a period of leave for rest and worship on Sunday or on a day the employee observes as a religious holiday, and to establish a small civil penalty and enforcement role for the Labor Commissioner.
Key provisions
- Employee leave entitlement: Employees may request leave for rest or worship on Sunday or on a day they observe as a religious holiday.
- Minimum duration: Leave granted under this section may not be limited to less than a continuous 24‑hour period.
- Employer prohibition: Employers are prohibited from denying an employee leave requested under this section (subject to the exception below).
- Emergency exception: An employer is not in violation if the leave was denied because of an emergency the employer could not have reasonably avoided.
- Enforcement and penalties:
- The Labor Commissioner is authorized to receive and investigate complaints alleging violations of the section.
- The Labor Commissioner may assess an employer determined to be in violation a civil fine of $500.
- The Labor Commissioner may refer alleged violations to the county state’s attorney for further action.
- Procedural notes: The statutory text in the draft contains minor formatting/placement gaps in the enforcement subsection; the substantive enforcement elements are a complaint/investigation function for the Labor Commissioner, a $500 fine for violations, and referral authority to prosecutors.
Who would be affected
- Employees in North Dakota who observe Sunday or other religious holidays and seek a continuous 24‑hour leave for rest or worship.
- Employers operating in North Dakota, who would be required to grant such leave unless an unavoidable emergency prevents it; subject to a $500 fine for violations and administrative investigation.
- The Labor Commissioner’s office, which would take on intake, investigation, enforcement, and potential referrals to county prosecutors.
Potential impacts and considerations
- Work scheduling and staffing: Employers (including small businesses and essential service employers) may need to adjust schedules or provide alternative coverage to accommodate guaranteed 24‑hour leave requests.
- Administrative burden: The Labor Commissioner’s office would gain an investigatory/enforcement responsibility related to these complaints.
- Scope and conflicts: The bill does not specify exemptions for particular industries (e.g., safety‑sensitive operations), collective bargaining considerations, or how recurring scheduling conflicts should be resolved—these could raise implementation questions.
- Penalty level: A single civil fine of $500 is prescribed per employer determined in violation (the bill text does not specify whether this is per incident, per day, or per complaint).
Note
- The legislative record supplied includes multiple unrelated draft bills from other states that share the same bill number. This summary is limited to the North Dakota draft (new section to chapter 34‑01) as described above. For final legislative language or implementation guidance, consult the official bill text from the North Dakota Legislative Assembly.
