Bill
HB 1495
Implements mandatory leave rights for employees serving in the North Dakota Legislative Assembly, with reinstatement and protections against retaliation or discrimination.
A BILL to amend and reenact NDCC § 54‑03‑27 (leave of absence from employment for members of the legislative assembly)
Status
- Introduced: December 3, 2024
- Most recent status (per provided info): Second reading — failed to pass (yeas 14, nays 77). Not enacted.
Purpose and intent
- To clarify and expand employee protections for people who serve as members of the North Dakota Legislative Assembly by specifying employers’ obligations to grant leave for legislative service and prohibiting adverse employment actions tied to legislative attendance or candidacy.
Key provisions (what the bill would change / require)
- Definition: Explicitly defines “employer” as any person that pays salary or wages for work performed.
- Mandatory leave on request: At an employee’s request, an employer must grant a leave of absence to a full‑time employee who is a member of the legislative assembly for:
- service during any regular or special legislative session, and
- attendance at Legislative Management meetings or its committee meetings.
- Pay and benefits during leave:
- The leave may be unpaid; an employer may reduce or eliminate payment of additional benefits while the employee is performing legislative service.
- On return from leave, the employer must reemploy the employee in the same position without loss of status or seniority, and with equivalent pay and accumulation of benefits (including retirement and leave benefits) as before the leave.
- Job protections:
- Employers may not terminate or threaten termination solely because the employee is absent due to legislative service.
- Employers may not discriminate against an employee solely because the employee is a candidate for the legislative assembly.
- (Technical) Reenacts and amends existing statutory section — consolidates obligations and clarifies terms.
Who would be affected
- All employers in North Dakota (public and private) that pay wages/salaries, and their full‑time employees who serve as legislators.
- Full‑time employees who are members of the Legislative Assembly would gain clearer leave rights and reinstatement protections.
- Human resources, payroll, and benefits administration processes for private employers and government entities may need to be reviewed and adjusted to implement reinstatement and benefit‑accrual requirements.
Implementation and procedural notes
- The bill amends ND Century Code § 54‑03‑27; no effective date language is shown in the excerpt.
- According to the provided status, the bill failed on second reading (yeas 14, nays 77) and was not enacted in this form.
Potential impacts and considerations
- Employer operations: may require temporary staffing adjustments and careful handling of benefits and payroll when employees serve in the legislature.
- Employee protections: strengthens legal protections for employees serving in the legislature or running for legislative office, reducing risk of retribution for legislative service.
- Fiscal impact: not specified in the provided materials; likely minimal for many private employers but could impose administrative costs for benefits accounting and reinstatement compliance.
Compiled from official sources — confirm details with the bill’s official record.
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