| | | 6. Restoration to position. An employee who exercises the | | right to family military leave under this section is entitled, | | upon expiration of the leave, 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. |
|
| | | 7. Employee benefits protection. An employer shall make it | | possible for an employee to continue employee benefits at the | | employee's expense during any family military leave taken under | | this section. The employer and employee may negotiate for the | | employer to maintain employee benefits at the employer's expense | | for the duration of the leave. |
|
| | | A.__Taking family military leave under this section does not | | result in the loss of any employee benefit accrued before | | the date on which the leave commenced. |
|
| | | B.__Nothing in this section may be construed to affect an | | employer's obligation to comply with any collective | | bargaining agreement or employee benefit plan that provides | | greater leave rights to employees than the rights provided | | under this section. |
|
| | | C.__The family military leave rights provided under this | | section may not be diminished by any collective bargaining | | agreement or employee benefit plan. |
|
| | | D.__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 under this section. |
|
| | | 8.__Prohibited acts. An employer may not: |
|
| | | A.__Interfere with, restrain or deny the exercise or the | | attempt to exercise any right provided under this section; |
|
| | | B.__Discharge, fine, suspend, expel, discipline or in any | | other manner discriminate against any employee who exercises | | any right provided under this section; or |
|
| | | C.__Discharge, fine, suspend, expel, discipline or in any | | other manner discriminate against any employee for opposing | | any practice made unlawful by this section. |
|
| | | 9.__Enforcement. An employee may bring a civil action in | | Superior Court to enforce this section. The court may enjoin any |
|
|
