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Committee removes pregnancy language from shared-leave bill, advances measure
Summary
Lawmakers debated House Bill 1599, which sought to expand the state shared-leave program; committee members voted to remove language specifically calling out pregnancy after staff warned of statutory and IRS issues, then gave the amended bill a due-pass recommendation.
Rep. Emily O’Brien introduced House Bill 1599 to the House Government and Veterans Affairs Committee as a cleanup to the state’s shared-leave statute.
"It's a very simple cleanup bill," Representative Emily O’Brien said, explaining that earlier drafts had attempted to add pregnancy as a qualifying condition but staff advised removing language that singled out pregnancy. The committee reopened the bill so HRMS officials could clarify the change.
Molly Harrington, chief people officer and director of HRMS at the Office of Management and Budget, told the committee officials recommended striking the pregnancy language for two reasons: policy concerns about singling out one condition and possible complications with IRS treatment of donated leave. "We do not believe it is good policy to single out 1 condition," Harrington said, and noted a second part of code would also need amendment for pregnancy to be included.
Nick Archuleta, president of North Dakota United, testified in favor of the original language and said the program is "pro family, pro children, and pro community," arguing the change would allow pregnant employees to access donated leave without additional appropriations because leave is donated by other employees.
Committee members discussed statutory medical documentation requirements, and Lisonbee Hicks, general counsel for HRMS, explained the existing code requires specific provider documentation and that administrative rules implement shared leave policy. Representative Rohrer moved the amendment to remove "pregnant or" from the statutory language; Representative Christie seconded. The amendment carried by voice vote. The committee then moved a due-pass recommendation for House Bill 1599 as amended; the roll-call vote was recorded and the motion carried.
