§ 11A-63. Employment and benefits protection.

(1)

Any eligible employee who takes domestic leave, shall on return from leave, be entitled to:

(a)

Restoration by the employer to the position of employment held by the employee when leave commenced; or

(b)

Restoration to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

(2)

The taking of leave shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced.

(3)

Nothing in this article shall be construed to entitle any restored employee to:

(a)

The accrual of any seniority or employment benefits during any period of leave; or

(b)

Any right, benefit, or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.

(4)

Nothing in this section shall be construed to prohibit any employer from requiring any employee on leave to report periodically to the employer on the status and intention of the employee to return to work.

(5)

During any period when the eligible employee takes leave, the employer shall maintain coverage under any group health plan for the duration of such leave at the level and under the conditions coverage that would have been provided if the employee had continued in employment continuously for the duration of such leave. However, the employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave if:

(a)

The employee fails to return from leave after the period of leave to which the employee is entitled has expired; and

(b)

The employees fails to return to work for a reason other than continuance or recurrence of domestic or repeat violence or other circumstances beyond the control of the employee.

(Ord. No. 99-05, §1, 1-21-99)