82-56-010  <<  82-56-020 >>   82-56-030

Definition of undue hardship.

For purposes of chapter 168, Laws of 2014, "undue hardship" means an action requiring significant difficulty or expense to the employer. The following factors should be considered in determining whether approving unpaid leave results in an undue hardship to the employer:
(1) The number, composition, and structure of staff employed by the employing entity or in the requesting employee's program.
(2) The financial resources of the employing entity or the requesting employee's program.
(3) The number of employees requesting leave for each day subject to such a request.
(4) The financial impact on the employing entity or requesting employee's program resulting from the employee's absence and whether that impact is greater than a de minimus cost to the employer in relation to the size of the employing entity or requesting employee's program.
(5) Impact on the employing entity, the requesting employee's program, workplace safety or public safety.
(6) Type of operations of the employing entity or requesting employee's program.
(7) Geographic location of the employee or geographic separation of the particular program to the operations of the employing entity.
(8) Nature of the employee's work.
(9) Deprivation of another employee's job preference or other benefit guaranteed by a bona fide seniority system or collective bargaining agreement.
(10) Any other impact on the employing entity's operation or requesting employee's program due to the employee's absence.
[Statutory Authority: 2014 c 168 § 2. WSR 14-23-022, § 82-56-020, filed 11/10/14, effective 12/11/14.]
Site Contents
Selected content listed in alphabetical order under each group