HB 348: Employment; paid sick leave, civil penalties.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions. Employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave for their need for services or relocation due to domestic abuse, sexual assault, or stalking. The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements. The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2025.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. November 18, 2024Left in Appropriations
2. February 9, 2024Continued to 2025 in Appropriations (Voice Vote)
3. February 7, 2024Subcommittee recommends continuing to 2025 (Voice Vote)
4. February 2, 2024Assigned App. sub: Health & Human Resources
5. February 2, 2024Impact statement from DPB (HB348)
6. February 1, 2024Referred to Committee on Appropriations
7. February 1, 2024Incorporates HB256 (Mundon King)
8. February 1, 2024Committee substitute printed 24106956D-H1
9. February 1, 2024Reported from Labor and Commerce with substitute (12-Y 10-N)
10. January 5, 2024Referred to Committee on Labor and Commerce
11. January 5, 2024Prefiled and ordered printed; offered 01/10/24 24104467D