An employer must grant reasonable and necessary leave from work,
with or without pay, for an employee to:
A.
Prepare for and attend court proceedings;
B.
Receive medical treatment or attend to medical treatment for a victim
who is the employee's daughter, son, parent or spouse; or
C.
Obtain necessary services to remedy a crisis caused by domestic violence,
sexual assault or stalking. The leave must be needed because the employee
or the employee's daughter, son, parent or spouse is a victim
of violence, assault, sexual assaults under tribal, state, or federal
law, stalking or any act that would support an order for protection
under tribal, state, or federal law. An employer may not sanction
an employee or deprive an employee of pay or benefits for exercising
a right granted by this article.
D.
If applicable, obtain relief as provided for in the Domestic Violence Code, Chapter 7.4, Domestic Violence. The provisions of §§ 7.4-62, 7.4-63 and 7.4-64 shall apply to those victims as provided for in the Domestic Violence Code, in lieu of the provisions of this Article VIII, Employment Leave for Victims of Violence.
[Added 3-17-2016 by Res. No. 03-17-16-05]
As used in this article, the following terms shall have the
meanings indicated:
Have the same meanings as those terms have under federal
regulations adopted pursuant to 29 U.S.C. § 2654, as in
effect on January 1, 2002. An employer may require an employee to
provide reasonable documentation of the family relationship, which
may include a statement from the employee, a birth certificate, a
court document or similar documents.
Section 5.2-32 is not violated if:
A.
The employer would sustain undue hardship from the employee's
absence;
B.
The request for leave is not communicated to the employer within
a reasonable time under the circumstances; or
C.
The requested leave is impractical, unreasonable or unnecessary based
on the facts then made known to the employer.
Information and records received by an employer in connection
with a request for leave under this article shall be kept confidential.
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 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.
C.
Limitation on remedies. The Tribal Court shall not have the authority
to award monetary damages for violations of this article.
The sovereign immunity of the Band is hereby waived for any civil actions brought in the Tribal Court pursuant to § 5.2-36.
