North Dakota — Leave Laws

North Dakota imposes no state-law requirement that private-sector employers provide paid or unpaid sick leave, paid family leave, or other paid time off for medical or family reasons. The North Dakota Department of Labor and Human Rights confirms that "no state or federal laws require an employer to provide its employees with PTO." Employers may voluntarily offer these benefits and set their own eligibility, accrual, and usage policies.

For job-protected leave related to medical or family needs—such as the birth or adoption of a child, one’s own serious health condition, or caring for a spouse or family member—private employers in North Dakota look only to the federal Family and Medical Leave Act (FMLA). The FMLA applies only to covered employers (generally those with 50 or more employees) and eligible employees who meet service and hours-worked thresholds.

This statement does not address job-protected leave requirements for civic obligations (such as jury service or subpoenaed witness testimony), military leave, or pregnancy accommodation, which may be protected under other North Dakota statutes. For example, see the jury duty leave and witness protection sections in this guide for more detail on those specialized types of leave.

Source: North Dakota Department of Labor and Human Rights, Labor and Human Rights FAQ

North Dakota prohibits employers from depriving an employee of employment, laying off, penalizing, threatening, or otherwise coercing an employee because the employee receives a jury summons, responds to it, serves as a juror, or attends court for jury service. Violating this prohibition is a class B misdemeanor, punishable by a fine up to $1,500 or imprisonment up to 30 days. North Dakota does not require private employers to pay employees during jury duty leave; employers may voluntarily offer paid leave or require employees to use unpaid leave.

Juror compensation

As of July 1, 2023, state law entitles jurors in district court to receive $100 for each full day of required attendance, and $50 if required to attend for four hours or less on the first day. These payments are made by the state, not the employer. Prior to this effective date, the rates were $50 per full day and $25 for four hours or less on the first day. The increase was codified by amendment to N.D. Cent. Code § 27-09.1-14 and is reflected in current North Dakota Courts guidance.

Jurors are also entitled to mileage reimbursement at the rate provided for state employees under N.D. Cent. Code § 54-06-09.

Source: N.D. Cent. Code § 27-09.1-14; North Dakota Courts, Jurors Handbook; North Dakota Courts News Release, "Juror pay to increase" (June 24, 2023)

North Dakota does not require private employers to provide employees with time off to vote. Instead, N.D. Cent. Code § 16.1-01-02.1 declares a state policy of "encouraging" employers to establish a program granting employees time off to vote when their regular work schedules conflict with polling hours. The statute creates no enforceable right to leave, imposes no penalty for noncompliance, and does not specify whether any voluntarily granted leave must be paid or unpaid.

The full text of the statute reads: "It is the policy of this state to encourage voting by all eligible voters at all statewide special, primary, or general elections. To this end, employers are encouraged to establish a program to grant an employee who is a qualified voter to be absent from the employee's employment for the purpose of voting when an employee's regular work schedule conflicts with voting during time when polls are open."

Key distinguishing features of North Dakota's approach:

• No mandate. Unlike approximately 28 other states (plus D.C.) that require employers to provide voting leave under specified conditions, North Dakota imposes no legal obligation. The statute uses the precatory language "encouraged," not "shall" or "must."

• No employee right. Employees in North Dakota have no statutory right to be absent from work to vote, no right to notice or to designate the timing of leave, and no protection from discipline or discharge for taking time off to vote without employer consent.

• No penalty. The statute contains no misdemeanor provision, no civil penalty, and no private right of action. An employer that declines to establish a voting-leave program violates no North Dakota law.

• No specification of terms. The statute does not address whether leave, if voluntarily granted, must be paid; how much time is sufficient; whether the employer may designate the hours; or whether the employee must provide advance notice.

Practical guidance for multi-state employers. Employers with operations in North Dakota and in states that do mandate voting leave (such as neighboring Minnesota, which requires "adequate time" without loss of wages under Minn. Stat. § 204C.04, or South Dakota, which requires two consecutive hours of paid leave under S.D. Codified Laws § 12-3-5) should ensure that their employee handbooks and manager training clearly distinguish between jurisdictions. A blanket national policy granting two hours of paid voting leave will satisfy North Dakota's hortatory statute and eliminate confusion; a North Dakota–only policy denying leave is lawful but may create internal equity concerns if employees see colleagues in adjacent states receiving the benefit.

Comparison to the federal floor. Federal law likewise imposes no general voting-leave requirement for private employers. North Dakota's statute adds state-level encouragement but no enforceable overlay.

Source: N.D. Cent. Code § 16.1-01-02.1

North Dakota law—specifically N.D. Cent. Code § 27‑09.1‑17—bars employers from retaliating when an employee serves as a witness pursuant to a subpoena, not just when serving on a jury. Under subsection 1, an employer “may not deprive an employee of employment, lay off, penalize, threaten, or otherwise coerce an employee … because the employee receives a summons or subpoena, responds thereto, serves as a juror or witness, or attends court … to give testimony pursuant to a subpoena.” That wording makes clear that “witness” includes subpoenaed testimony, and the context is not confined to jury duty.

If an employer violates this, it commits a class B misdemeanor under subsection 2, and—under subsection 3—the employee may bring a civil action within 90 days for reinstatement and up to six weeks of lost wages, plus a reasonable attorney’s fee if they prevail.

The North Dakota Attorney General confirmed—in a 1995 opinion—that § 27‑09.1‑17’s protections indeed extend to being disciplined for testifying pursuant to subpoena. The AG distinguished that from voluntary expert-witness work or outside testimony that conflicts with employer interests: that conduct is not protected by § 27‑09.1‑17, and employer policies restricting such activity may be lawful.

Source: N.D. Cent. Code § 27-09.1-17 (full text) Source: AG Opinion (Dec. 5 1995) interpreting § 27‑09.1‑17

North Dakota law provides specific leave protections for employees who are members of the North Dakota National Guard (and generally includes the Air National Guard under this term) when called to state active duty—including duty for disasters, emergencies, or training. Under N.D. Cent. Code § 37-01-25, any employee who is a member of the North Dakota National Guard is entitled to a leave of absence from their employment when ordered to state active duty by the governor. This statute covers orders under state authority (state active duty), separate from federal activation under Title 10 or Title 32.

Key rules under N.D. Cent. Code § 37-01-25 (as amended by S.B. 2198, effective August 1, 2025):

• Private employers: Every employer in North Dakota must grant a leave of absence to any employee member of the National Guard who is called to state active duty, emergency duty, or training duty. There is no maximum leave duration—the job protections last for the full period required by the governor's order or official call-up. Upon release from state active duty or training, the employee must be reinstated to their previous position or an equivalent one, provided they are still qualified and report to work within 90 days (or longer if reasonable). Employers may deny reinstatement only if circumstances have changed to make it impossible or unreasonable. Pay during leave is not required by statute for private employers.

• State and political subdivision employees (effective August 1, 2025): Under S.B. 2198 (2025), state and local government officers and employees are now entitled to up to 20 working days of paid military leave in any calendar year for authorized training or duty, and an additional 30 days of paid leave when ordered to active duty by the governor for service related to disasters or emergencies. These paid leave entitlements are new and do not apply to private sector workers.

• No discrimination: Employers—public and private—may not discriminate in hiring, retention, promotion, or employment benefits because of current or prospective National Guard membership.

• Scope and federal overlay: These protections under § 37-01-25 apply to both public and private employers for state active duty. Protections under USERRA still govern federal military activations, while this statute specifically addresses state call-ups.

Recent change (2025): The enactment of S.B. 2198 clarifies and expands paid leave rights for state and local government employees; prior to this change, the statute did not provide paid leave for any employer type.

Source: N.D. Cent. Code § 37-01-25 Source: North Dakota S.B. 2198 (2025) summary

If a private employer in North Dakota voluntarily offers paid sick leave that is tracked separately from paid time off (PTO), North Dakota law imposes no statutory accrual cap, no use-it-or-lose-it requirement, and no mandatory payout at termination for that sick leave. N.D. Admin. Code § 46-02-07-02(12) distinguishes between bundled paid time off (such as PTO or vacation, personal days, or earned time that can be used for any purpose) and plans where sick leave is kept as a separate balance. The accrual and payout protections in that provision—prohibiting forfeiture and requiring payout of earned balances upon separation—apply only to PTO or blended plans, not to pure sick leave tracked in a separate account.

Because North Dakota does not require private employers to offer paid sick leave at all, the terms for any such policy—including whether unused sick leave may be capped, carried forward, forfeited, or paid out—are set by the employer's own policy or employment contract. Unused sick leave only needs to be paid out if the employer has specifically promised to do so. If sick leave is included in a "PTO" pool that employees can use for any purpose, then the combined PTO balance is protected from forfeiture and must be paid out at separation. If tracked separately, sick leave is excluded from these requirements.

Source: N.D. Admin. Code § 46-02-07-02(12)

North Dakota law expressly preempts political subdivisions—including cities, counties, and other local government units—from establishing, mandating, or otherwise requiring paid family leave, paid medical leave, or paid sick leave for employees of private employers. The core provision appears at N.D. Cent. Code § 34-15-01.3, which states: "A political subdivision may not establish, mandate, or otherwise require an employer to provide paid family leave, paid medical leave, or paid sick leave that exceeds or conflicts with state or federal law."

Scope and limit:

• This preemption applies to all localities in North Dakota, including home rule cities and counties.
• The only exception is for local leave policies governing employees of the political subdivision itself; in other words, cities and counties remain free to extend paid leave benefits to their own local government staff.
• The statute makes clear private-sector employers cannot be subjected to any additional or stricter paid sick leave or paid family/medical leave requirement by local ordinances, beyond what state or federal law imposes.

There is no authority in the cited statute enabling local governments to enact broader mandates for the private sector, nor any mention of carve-outs for particular industries or employer sizes. The effective date for the preemption was August 1, 2019, when the law became operative.

Source: N.D. Cent. Code § 34-15-01.3

North Dakota law requires private employers to make reasonable accommodations for employees who are pregnant, recently gave birth, or have related medical conditions—regardless of employer size.

Coverage threshold and statutory scope: Under the North Dakota Human Rights Act (NDHRA), "employer" is defined as any person employing one or more individuals for more than one quarter of a year (N.D. Cent. Code § 14-02.4-02(5)), so nearly all private North Dakota employers are covered. There is no 15-employee floor as under some federal laws.

Accommodation duty—pregnancy, childbirth, and related conditions: Section 14-02.4-03(2) prohibits an employer from failing or refusing to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability "because that individual is pregnant." In 2023, the North Dakota Legislature enacted HB 1450, effective August 1, 2023, clarifying that "pregnant" as used in this context includes not just pregnancy but also childbirth and related medical conditions. As of June 2024, the codified code published online may not yet show this broader definition, but HB 1450's legislative text and summaries confirm its effect (see HB 1450 enrolled bill). This accommodation duty exists independently of federal FMLA, ADA, and PWFA thresholds—so very small employers must still comply under state law.

Grounds for denying accommodations: Employers may refuse an accommodation if they can demonstrate it would:

• Disrupt or interfere with normal business operations;
• Threaten health or safety;
• Contradict a business necessity; or
• Impose an undue hardship, as defined by the employer's size, legitimate administrative/fiscal concerns, and rights of other employees and the public (see § 14-02.4-03(2)(a)-(d)).

Scope of protection: The law provides a right to reasonable accommodation but does not expressly guarantee job restoration or a specific length of protected leave. Employers are prohibited from taking adverse action for requesting or using accommodations, but the remedial provisions focus on discrimination rather than automatic job reinstatement.

Federal overlay: Multi-state employers should note that North Dakota’s rules apply to smaller employers and (since HB 1450) use a broad definition of pregnancy, childbirth, and related conditions. Where state and federal protections overlap, the more protective rule governs.

Source: N.D. Cent. Code § 14-02.4-03 Source: N.D. Cent. Code § 14-02.4-02(5) Source: 2023 HB 1450, 68th Leg. Assembly, enrolled bill

North Dakota law, via N.D. Cent. Code § 27‑09.1‑17, provides robust protection for employees who are required to serve on a jury or appear in court as a witness pursuant to a subpoena. The law prohibits any employer—public or private—from depriving an employee of employment, laying off, penalizing, threatening, or otherwise coercing an employee because they receive a summons or subpoena, respond to it, serve as a juror or witness, or attend court to give testimony pursuant to a subpoena. This protection is not limited to jury service; it covers all subpoenaed witness attendance in both civil and criminal proceedings.

Key statutory features:

• Scope of protection: The statute applies to any adverse employment action tied to receipt of a summons or subpoena, service as a juror or witness, or testimony pursuant to a subpoena. There is no minimum employee threshold; all employers in North Dakota are covered.
• Prohibited conduct: Employers may not discharge, discipline, threaten, or otherwise retaliate against employees for fulfilling these civic obligations.
• Criminal penalty: A violation constitutes a class B misdemeanor—maximum penalty up to $1,500 fine or up to 30 days in jail (see § 27-09.1-17(2)).
• Civil remedy: The employee may bring a civil action within 90 days of the adverse action for reinstatement and up to six weeks’ lost wages, plus reasonable attorneys’ fees if successful (see § 27-09.1-17(3)).
• Pay status: The law does not require employers to pay employees for time spent on subpoenaed witness or jury duty. Pay for leave in these circumstances depends on employer policy.

Attorney General interpretation (1995): The North Dakota Attorney General has confirmed that § 27-09.1-17’s protections extend specifically to cases where an employee is subpoenaed for testimony but not to voluntary or non-subpoenaed witness activity. See AG Opinion Dec. 5, 1995.

This section consolidates and supersedes earlier duplicative entries. Practitioners should cite this unified rule for questions regarding retaliation protection for subpoenaed jurors and witnesses.

Source: N.D. Cent. Code § 27-09.1-17 Source: North Dakota Attorney General Op. (Dec. 5, 1995)