E.__The employee is unable to work because the employee is needed to provide care or assistance to one or more of the following individuals:__the employee's spouse or domestic partner as defined under Title 18-A, section 1-201, subsection (10-A); the employee's parent; or the employee's child or child for whom the employee is the legal guardian.

For purposes of this subsection, "extreme public health emergency" has the same meaning as in Title 22, section 801, subsection 4-A.

2.__Exceptions.__An employer who fails to grant a leave under subsection 1 is not in violation of subsection 1 if:

A.__The employer would sustain undue hardship from the employee's absence, including the need to downsize for legitimate reasons related to the impact of the extreme public health emergency on the operation of the business;

B.__The request for leave is not communicated to the employer within a reasonable time under the circumstances; or

C.__The employee to be granted leave under subsection 1, paragraph E is a state, county or municipal employee whose responsibilities are related to services necessary for protecting the public's health and safety in an extreme public health emergency if the employer requires the employee to work, unless there are no other options or persons able to provide care or assist one or more of the individuals listed under subsection 1, paragraph E.

3.__Duration of leave.__Leave granted under subsection 1 must be for the duration of an extreme public health emergency and for a reasonable and necessary time period following the termination of the extreme public health emergency for diseases or conditions that are contracted or exposures that occurred during the extreme public health emergency.

4.__Documentation.__Upon the employee's return to work, the employer has the right to request and receive written documentation from a physician or public health official supporting the employee's leave.