(1) As used in this section, “undue hardship” means a significant difficulty and expense to a business and includes consideration of the size of the covered employer’s business and the covered employer’s critical need for the employee.
(2) Except as provided in subsection (3) of this section, a covered employer shall allow an eligible employee to take leave from employment to attend a criminal proceeding.
(3) A covered employer may limit the amount of leave an eligible employee takes to attend a criminal proceeding if the employee’s leave creates an undue hardship to the covered employer’s business.
(4) An eligible employee may notify the prosecuting attorney if taking leave to attend a criminal proceeding would cause undue hardship to the covered employer. The prosecuting attorney shall then notify the court or hearing body. The court or hearing body must take the schedule of the employee into consideration when scheduling a criminal proceeding. [2003 c.603 §3]
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