North Dakota

Pregnancy Discrimination: Current law was amended to provide that an employer must make reasonable accommodations for an otherwise qualified individual who is pregnant. An employer is not required to provide a reasonable accommodation if such accommodation would disrupt or interfere with the employer’s normal business operations; threaten an individual’s health or safety; contradict a business necessity of the employer; or impose an undue hardship on the employer taking into consideration the size of the employer’s business, the type of business, the financial resources of the employer and the estimated cost and extent of the accommodation.

PTO Forfeiture: Under existing law, an employer may withhold payment for accrued paid time off for an employee who separates from employment voluntarily if: a) at the time of hire, the employer provided the employee with written notice of the limitation of payment for accrued paid time off; b) the employee has been employed by the employer for less than one year; and c) the employee gave the employer less than five days’ written or verbal notice of termination.

The law has been amended to additionally permit an employer to withhold payment for paid time off where an employee separates from employment (whether or not voluntarily) if: a) the paid time off was awarded by the employer (banked) but not yet earned by the employee; and b) before awarding the paid time off, the employer provided the employee with written notice of the limitation on payment of awarded paid time off.

ADP is committed to helping you meet your compliance challenges. For additional information about this or any other Human Resources compliance issue, please contact your HR Business Partner.