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.
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.
