Title 22 — Business Regulation

If any provision of this Chapter is held by a court to be invalid, such invalidity shall not affect the remaining provisions of this Chapter and to this end the provisions of this Chapter are declared severable. SOURCE: GC § 46105. Added by P.L. 15-017:1 (Apr. 18, 1979). COL08222…

An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to: (a) Prepare for and attend court proceedings; (b) Receive medical treatment or attend to medical treatment for a victim who is the employee's daughter, son, parent or spouse;…

For purposes of this subchapter, the terms daughter, son, parent and spouse have the same meanings as those terms have under federal regulations adopted pursuant to 29 United States Code, Section 2654. An employer may require an employee to provide reasonable documentation of the…

Section 3401 of this Article is not violated if: (a) The employer would sustain undue hardship from the employee's absence; (b) The request for leave is not communicated to the employer within a reasonable time under the circumstances; or (c) The requested leave is impractical, u…

The Department of Labor may assess civil penalties of up to Two hundred dollars ($200) for each violation of this section, if notice of the violation was given to the employer and the department within six (6) months of the occurrence.

This Article applies to all public and private employers. COL08222024 ARTICLE 5 RIGHT TO PRIVACY IN THE WORKPLACE ACT SOURCE: Article added by P.L. 32-139 (April 28, 2014).

(a) It shall be unlawful for any employer to ask any employee to provide any username, password, or other related account information in order to gain access to a social networking website where that employee maintains an account or profile. (b) It shall be unlawful for any emplo…

This Article may be cited as the Guam Family and Medical Leave Act. COL08222024

(a) Except as provided in Subsection (b) of this Section, it shall be an unlawful employment practice for any employer, as defined in § 3603(b), to refuse to grant a request by any employee with more than twelve (12) months of service with the employer, and who has at least one t…

For the purposes of this Article: (a) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Except when leave is taken for the purposes of § 3603(c)(4), a child shall be either of the following: (1) unde…

(a) An employer shall not be required to pay an employee for any leave taken pursuant to § 3602(a), except as required by Subsection (b) of this Section. (b) An employee taking leave permitted by § 3602(a) may elect, or an employer may require the employee, to substitute, for lea…

(a) During any period that an eligible employee takes leave pursuant to § 3602(a) or takes leave that qualifies as leave under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, fo…

(a) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent, who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be suffici…

(a) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: (1) The d…

(a) It shall be an unlawful employment practice for an employer to refuse to hire, or to terminate, discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care and medical leave…

(a) Notwithstanding § 3602(a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: COL08222024 (1) The employee is a salaried employee who is among the highest paid ten percent (10%) of the emplo…

An employee is entitled to bereavement leave under § 3603(c)(4) for each family member; provided, that: (a) within any twelve (12) month period, all bereavement leave taken shall not exceed fourteen (14) calendar days; (b) each period of bereavement leave taken shall end no later…

An employer may require that a request for leave under § 3603(c)(4) of this Article be supported by a death certificate or obituary. SOURCE: Added by P.L. 34-040:6 (Aug. 7, 2017). ARTICLE 7 LEAVE FOR CHILD SCHOOL-RELATED PURPOSES

This Article may be cited as the Child School-Related Leave Act. SOURCE: Added by P.L. 33-170:2 (June 30, 2016).

(a) For purposes of this Article, the following terms have the following meanings: (1) Parent means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. (2) Child (plural: children) shall have the same definition a…

(a) [No text] (1) An employer shall not discharge or in any way discriminate against an employee who is a parent of one (1) or more children of the age to attend pre-school, kindergarten, or grades one (1) to twelve (12), inclusive, for taking off up to forty (40) hours each year…

(a) Employee means any individual employed by an employer. (b) Employer means either of the following: (1) any person (including any individual, association, partnership, corporation, company, entity, or organized group of persons acting directly or indirectly in the interest of …

Childbirth. (a) It shall be unlawful for any employer to not make reasonable accommodations to the known limitations related to the pregnancy or childbirth of an employee, unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation …

The Fair Employment Practice Division shall have all necessary enforcement and investigative powers to enforce the provisions of this Act, and the Director of the Department of Labor shall establish due process policies and be the Hearing Officer in any appeals relative to the en…

(a) A person claiming to be aggrieved by a violation of this Act may file an administrative complaint with the Guam Department of Labor (Department), in accordance with rules and regulations promulgated by the Department. (b) Any administrative complaint made under the provisions…

(a) Any person alleging a violation of this Act may bring a civil action in the Superior Court for such legal or equitable relief as will effectuate the purpose of this Act. (b) In any action brought to enforce this Act, the court shall have jurisdiction to grant such legal or eq…

The Guam Department of Labor shall promulgate rules and regulations in accordance with outlining the procedures by which it will accept, investigate, and adjudicate complaints of “Pregnant Workers Fairness Act” violations, and the enforcement of the provisions of this Act. All ru…