North Dakota
Verified February 2026North Dakota Human Rights Act
N.D. Cent. Code §§ 14-02.4-01 to 14-02.4-23
North Dakota does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in North Dakota, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
North Dakota provides exceptionally broad anti-discrimination protection through the North Dakota Human Rights Act (NDHRA), codified at N.D. Cent. Code §§ 14-02.4-01 to 14-02.4-23. The NDHRA covers all employers with 1 or more employees – one of the broadest scopes in the entire country. This means virtually every worker in North Dakota has state-level protections against disability discrimination, regardless of their employer’s size. The North Dakota Department of Labor and Human Rights (ND DLHR) enforces the law and investigates discrimination complaints.
North Dakota does not mandate paid sick leave at the state level, and there is no statewide requirement for employers to provide specific paid or unpaid sick days. Workers’ compensation in North Dakota is administered through the state’s Workforce Safety and Insurance (WSI) agency, which operates a no-fault system. Mental health claims are covered when they arise from a compensable physical injury, but standalone mental-mental claims face higher evidentiary thresholds.
Even without a state leave law, North Dakota’s universal employer coverage for discrimination protections is a significant advantage for workers. The combination of the North Dakota Human Rights Act, federal FMLA, and the ADA means that no North Dakota worker is without some form of disability protection, regardless of how small their employer is.
Employer Size
1+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: North Dakota does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The North Dakota Human Rights Act covers all employers with 1 or more employees, one of the broadest thresholds in the country and far broader than the federal ADA's 15-employee requirement.
Additional Protections
North Dakota Human Rights Act (NDHRA)
Prohibits employment discrimination based on disability and other protected classes for all employers with 1+ employees. One of the broadest employer coverage thresholds in the country, ensuring virtually every North Dakota worker has state-level discrimination protections.
N.D. Cent. Code § 14-02.4-03
North Dakota Workforce Safety and Insurance (Workers’ Comp)
North Dakota operates a state-run, no-fault workers’ compensation system through Workforce Safety and Insurance. Mental health injuries are covered when arising from compensable physical injuries. Standalone mental-mental claims have higher evidentiary requirements.
N.D. Cent. Code § 65-01-02
1. Request FMLA Leave (Federal)
Since North Dakota has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify the incident is within 300 days (all employers with 1+ employees are covered).
- File a complaint with the North Dakota Department of Labor and Human Rights online, by mail, or in person.
- ND DLHR will investigate the complaint and attempt conciliation if it finds probable cause.
- If conciliation fails, the case may proceed to an administrative hearing or you may file a civil action in court.
Note: Filing with ND DLHR automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 300 days - Deadline to file a discrimination complaint with the North Dakota Department of Labor and Human Rights
- 300 days - Deadline to file with the federal EEOC (extended because ND DLHR exists as a local agency)
- 7 days - Workers’ comp injury must be reported to Workforce Safety and Insurance (recommended as soon as possible)
- 1 year - Deadline to file a workers’ compensation claim with Workforce Safety and Insurance
Official Resources
Frequently Asked Questions
Check Your Eligibility
Get a free rights assessment based on your specific situation in North Dakota.
Free Rights Check