1. Subsection 1 of section 37-29-03 is not applicable if the employer is a state agency, an agency of a political subdivision, or a private entity that performs critical emergency services during a disaster or emergency, and the employer's executive officer determines the absence of an employee who is also a volunteer emergency responder will cause undue hardship or the inability of the employer to provide critical emergency services during a disaster or emergency. Under this subsection the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee's absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder. b. Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder. 2. Subsection 1 of section 37 -29-03 is not applicable if the employer is a private entity and the employer's executive officer in charge of the private entity determines the employment services provided by an employee who is a volunteer emergency responder are so critical the services cannot be performed by another employee and the employee's absence will create the potential for irreparable harm to or permanent closure of the private entity. Under this subsection the executive officer shall: a. Make all reasonable efforts to inform an employee who is a volunteer emergency responder that the employment services that employee performs are essential and therefore that employee's absence from the workplace will be unauthorized if the employee is called to report for duty as a volunteer emergency responder. b. Provide the employee notification of the determination the absence is unauthorized before the employee reports for duty as a volunteer emergency responder. 3. The governor or adjutant general may supersede the decision of the executive officer which was made under subsection 1 or 2 if the governor or adjutant general determines the nature of the emergency or disaster is so serious that the services provided by the volunteer emergency responder are key and essential to the emergency response efforts and public safety responsibilities of the adjutant general's office.
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