Eligibility Requirements

(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 thousand (1,000) hours of service with the employer during the previous twelve (12)-month period, to take up to a total of twelve

(12)workweeks in any twelve (12)-month period for family care and medical leave. Family care and medical leave requested pursuant to this Subsection shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave.

(1)In any case in which the necessity for leave as defined under § 3603(c)(1) is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than thirty

(30)days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such Subsection, except that if the date of the birth or placement requires leave to begin in less than thirty

(30)days, the employee shall provide such notice as is practicable.

(2)In any case in which the necessity for leave as defined under § 3603(c)(2) or

(3)is foreseeable based on planned medical treatment, the employee:

(A)Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, or health care provider of the parent, son, or daughter of an employee’s spouse, as appropriate; and

(B)Shall provide the employer with not less than thirty

(30)days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such Subsection, except that if the date of the treatment requires leave to begin in less than thirty

(30)days, the employee shall provide such notice as is practicable.

(b)Notwithstanding Subsection

(a)of this Section, it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than twenty

(20)employees in Guam.