A. 
Every employee who has been employed by the same employer for twelve (12) consecutive months, and has worked at least one thousand two hundred fifty (1,250) hours during the previous twelve (12) months, is entitled to up to twelve (12) consecutive work weeks of family medical leave in a single twelve-month period. A qualifying employee is entitled to up to twenty-six (26) weeks (combined total with any other family medical leave) of family medical leave in a single twelve-month period if leave is required to permit the employee to care for a service member as described in § 5.2-4, definition of "family medical leave," Subsection F. The following conditions apply to family medical leave granted under this section:
(1) 
The employee must give at least thirty (30) days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency or other qualifying exigency from giving that notice;
(2) 
The employer may require certification from a physician, or documentation or other information pertaining to a request for qualified exigency leave or military caregiver leave, to reasonably permit the employer to verify the amount of leave requested by the employee. An employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets of a recognized religious or spiritual practice, may submit certification from an accredited or recognized practitioner of those healing methods in lieu of certification from a physician; and
(3) 
The employer and employee may negotiate for more or less leave, but both parties must agree.
B. 
Family medical leave granted under this section may consist of unpaid leave. If an employer provides paid family medical leave for fewer than twelve (12) weeks, the additional weeks of leave added to attain the total of twelve (12) weeks required may be unpaid.
A. 
Restoration. Any employee who exercises the right to family medical leave under this section, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this section.
B. 
Maintenance of employee benefits. During any family medical leave taken under this section, the employer shall make it possible for employees to continue their employee benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.
A. 
Benefit accrual. The taking of family medical leave under this section shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.
B. 
Contract rights. Nothing in this section may be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered by this section.
A. 
Unlawful interference or denial of rights. The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this section.
B. 
Unlawful discrimination against exercise of rights. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for exercising any right provided by this section.
C. 
Unlawful discrimination against opposition. The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this section.
A. 
A civil action may be brought in the Tribal Court by an employee against any employer to enforce this article. The Court may enjoin any act or practice that violates or may violate this article and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the requirements of this article.
B. 
Procedures for claims involving violations. Civil actions brought in the Tribal Court by persons alleging violations of this article shall be subject to the procedures and limitations contained in Article IV, §§ 5.2-13 through 5.2-16, of this chapter.
C. 
Limitation on remedies. The Tribal Court shall not have the authority to award monetary damages for violations of this article except to the extent authorized in § 5.2-16B of this chapter.
The sovereign immunity of the Band is hereby waived for any civil actions brought in the Tribal Court pursuant to § 5.2-25, except immunity shall not be waived if the claimant has filed a claim, arising out of the same circumstances, in any other forum other than the Tribal Court.