Sec. 5. Employer’s duties in relation to applications
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/bill/113/s/1248/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An employer to whom an employee submits an application under section 4 shall consider the application, in accordance with regulations issued under section 13. Regulations issued under subsection (a)— shall include provisions that provide— that the employer and the employee shall hold a meeting to discuss such an application; that the employer shall give the employee a written decision regarding the application, within a reasonable period after the date of the meeting; that a decision under subparagraph
(B)to reject the application shall state the grounds for the decision, including whether those grounds included— the identifiable cost of the proposed change in a term or condition of employment requested in the application, including the costs of loss of productivity, of retraining or hiring an employee, or of transferring an employee from one facility to another facility; the overall financial resources involved; for an employer with multiple facilities, the geographic separateness or administrative or fiscal relationship of the staffs at the facilities; the effect of the change on the employer's ability to meet customer demand; or another factor specified by the administrative officer in regulation; that if the employer rejects the employee's application, the employer may propose in writing an alternative change to the employee's hours, times, place, and amount of notification of schedule assignments for work; that if the employee is dissatisfied with the employer’s decision under subparagraph
(B)and the alternative described in subparagraph (D), and if the employer has another supervisor, the employee has the right to reconsideration of the decision by such supervisor, and to receive a decision in writing from the reconsideration within a reasonable period, in accordance with procedures specified in regulations issued under section 13; that the employee shall have a right to be accompanied at meetings described in subparagraph
(A)by a representative of the employee's choosing with such qualifications as the regulations shall specify; that if such a representative of the employee's choosing is not available to attend a meeting described in subparagraph (A), the meeting shall be postponed; and for extension of a time limit specified in the regulations in a case in which the employer and employee agree, or in such other circumstances as the regulations may specify; and may include provisions that provide— that any requirement of the regulations shall not apply in a case in which such an application is disposed of by agreement or withdrawn; and for applications to be treated as withdrawn in specified circumstances.