HB 348

Abstract

Employment; paid sick leave; civil penalties. Expandsprovisions of the Code that currently require one hour of paid sick leave forevery 30 hours worked for home health workers to cover all employees of privateemployers and state and local governments. The bill requires that employees whoare employed and compensated on a fee-for-service basis accrue paid sick leavein accordance with regulations adopted by the Commissioner of Labor andIndustry. The bill provides that employees transferred to a separate divisionor location remain entitled to previously accrued paid sick leave and thatemployees retain their accrued sick leave under any successor employer. Thebill allows employers to provide a more generous paid sick leave policy thanprescribed by its provisions. Employees, in addition to using paid sick leavefor their physical or mental illness or to care for a family member, may usepaid sick leave for their need for services or relocation due to domesticabuse, sexual assault, or stalking.The bill provides that certain health care workers who work nomore than 30 hours per month may waive the right to accrue and use paid sickleave. The bill also provides that employers are not required to provide paidsick leave to certain health care workers who are employed on a pro re nata, oras-needed, basis, regardless of the number of hours worked. The bill requiresthe Commissioner to promulgate regulations regarding employee notification andemployer recordkeeping requirements.The bill authorizes the Commissioner, in the case of a knowingviolation, to subject an employer to a civil penalty not to exceed $150 for thefirst violation, $300 for the second violation, and $500 for each successiveviolation. The Commissioner may institute proceedings on behalf of an employeeto enforce compliance with the provisions of this bill. Additionally, anaggrieved employee is authorized to bring a civil action against the employerin which he may recover double the amount of any unpaid sick leave and theamount of any actual damages suffered as the result of the employer'sviolation. The bill has a delayed effective date of January 1, 2025.