Comparing HB 348 → SB 20-205 — Sick Leave For Employees

Struck = only in HB 348 · added = only in SB 20-205.

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SESSION HOUSE SUBSTITUTE 24106956D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Labor and Commerce on February 1, 2024) (Patrons Prior to Substitute––Delegates Ward and Mundon King [HB 256]) A BILL to amend and reenact §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1, relating to employment;
Second Regular Session Seventy-second General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
paid sick leave;
20-1189.01 Yelana Love x2295 SENATE BILL 20-205 SENATE SPONSORSHIP Fenberg and Bridges, HOUSE SPONSORSHIP Becker and Caraveo, Senate Committees House Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT C ONCERNINGTHEREQUIREMENTTHATEMPLOYERSOFFERSICKLEAVE TO THEIR EMPLOYEES , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
civil penalties.
Bill Summary (Note:
1.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates the"HealthyFamilies and Workplaces Act" (act), which requires employers to provide paid sick leave to employees under various circumstances.
That §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1 as follows:
g On and after the effective date of the act through December 31, d e 0 2020,employersarerequiredtoprovideeachoftheiremployeespaidsick T R 0 A n 8 Shading denotes HOUSE amendment.
§ 40.1-33.3.
Double underlining denotes SENATE amendment.
E d e Capital letters or bold & italic numbers indicate new material to be added to existing stJtute.
Dashes through the words indicate deletions from existing statute.
e A leave for employees to take for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act".
Additionally, beginning January 1, 2021, the act requires all employers in Colorado to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours.
An employee:
! Begins accruing paid sick leave when the employee's employment begins;
! May use paid sick leave as it is accrued;
and ! May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued.
Employees may use accrued paid sick leave to be absent from work for the following purposes:
! The employee has a mental or physical illness, injury, or health condition;
needs a medical diagnosis, care, or treatment related to such illness, injury, or condition;
or needs to obtain preventive medical care;
! The employee needs to care for a family member who has a mental or physical illness, injury, or health condition;
needs a medical diagnosis, care, or treatment related to such illness, injury, or condition;
or needs to obtain preventive medical care;
! The employee or family member has been the victim of domesticabuse,sexual assault, orharassmentandneedsto be absent from work for purposes related to such crime;
or ! A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work.
In addition to the paid sick leave accrued by an employee, the act requires an employer to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works.
Theactprohibitsanemployerfromretaliatingagainstanemployee who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act.
Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment, detailing employees' rights under the act.
Employers must retain records documenting, by employee, the -2- 205 hoursworked,paidsickleaveaccrued,andpaidsickleaveusedandmake suchrecordsavailabletothedivisiontomonitorcompliancewiththeact.
Thedirectorofthedivisionwillimplementandenforcetheactand adopt rules necessary for such purposes.
The act treats an employee's information about the employee's or a family member's health condition ordomesticabuse,sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave.
Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees.
Employees covered by a collective bargaining agreement would notbeentitledtopaidsickleaveundertheactif thecollectivebargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add part 4 to article 13.3 of title 8 as follows:
PART 4 HEALTHY FAMILIES AND WORKPLACES 8-13.3-401.
Short title.
T SHORT TITLE OF THIS PART4 IS THE "HEALTHY FAMILIES AND W ORKPLACES A CT".
8-13.3-402.
As used in this article, unless the context requires a different meaning:
AS USED IN THIS PART4, UNLESS THE CONTEXT OTHERWISE REQUIRES :
H "Domestic violence" has the same meaning as provided in subdivision 7 of § 38.2-508.
(1) "DIRECTOR "MEANS THE DIRECTOR OF THE DIVISION .
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O hours per month.
(2) "DIVISION"MEANS THE DIVISION OF LABOR STANDARDS AND STATISTICSINTHEDEPARTMENTOFLABORANDEMPLOYMENTCREATEDIN SECTION 8-1-103.
"Employee" has the same meaning as provided in § 40.1-2 except that "employee" does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions;
(3) "DOMESTIC ABUSE " HAS THE MEANING SET FORTH IN SECTION 13-14-101 (2).
(ii) is employed by a hospital licensed by the Department of Health;
(4) "EMPLOYEE "HASTHEMEANINGSETFORTHINSECTION 8-4-101 -3- 205 (5).
and (iii) works, on average, no more than 30 hours per month an individual describedSin 45 U.S.C.
"MPLOYEE " DOES NOT INCLUDE AN "EMPLOYEE " AS DEFINED IN45 U.S.C.
§ 351(d) who is subject to the federal Railroad Unemployment Insurance Act (45 U.S.C.
SEC .
§ 351 et seq.).
351 (d)WHO IS SUBJECT TO THE FEDERAL "RAILROAD U NEMPLOYMENT NSURANCE A CT", 45 U.S.CSEC.
E § 40.1-2.1, "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions.
351ET SEQ.
"Employer" does not include any agency of the federal government.
(5) (a) "EMPLOYER " HAS THE MEANING SET FORTH IN SECTION 8-4-101 (6);EXCEPT THAT THE TERM INCLUDES THE STATE AND ITS AGENCIESORENTITIES ,COUNTIES CITIESANDCOUNTIES MUNICIPALITIES, SCHOOL DISTRICTS ,AND ANY POLITICAL SUBDIVISIONS OF THE STAT.
"Family member" means:
(b) "EMPLOYER " DOESNOT INCLUDETHEFEDERALGOVERNMENT .
S 1.
(6) "FAMILY MEMBER "MEANS :
Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;
(a) A N EMPLOYEE S IMMEDIATE FAMILY MEMBER ,AS DEFINED IN SECTION 2-4-401 (3.7);
B employee's spouse, or individual who stood in loco parentis to an employee when the employee orloyee or an employee's spouse was a minor child;
(b) A CHILD TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS ORAPERSONWHOSTOODINLOCOPARENTISTOTHEEMPLOYEEWHENTHE EMPLOYEE WAS A MINOR ;OR (c) A PERSON FOR WHOM THE EMPLOYEE IS RESPONSIBLE FOR PROVIDING OR ARRANGING HEALTH -OR SAFETY RELATED CARE .
S 3.
(7) "H ARASSMENT "HAS THE MEANING SET FORTH IN SECTION 18-9-111.
An individual to whom an employee is legally married under the laws of any state;
(8) (a) "PID SICK LEAVE"MEANS TIME OFF FROM WORK THAT IS:
T 4.
(I) COMPENSATED AT THE SAME HOURLY RATE OR SALARY AND WITH THE SAME BENEFITS ,INCLUDING HEALTH CARE BENEFITS , AS THE EMPLOYEE NORMALLY EARNS DURING HOURS WORKED ;AND (II) PROVIDED BY AN EMPLOYER TO AN EMPLOYEE FOR ONE OR MORE OF THE PURPOSES DESCRIBED IN SECTIONS 8-13.3-404 TO 8-13.3-406.
A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or stepIrelationship, 35 of an employee or the employee's spouse;
(b) "PAIDSICKLEAVE "IS"WAGES "ASDEFINEDINSECTION 8-4-101 (14).
36 5.
-4- 205 (9) "UBLIC HEALTH EMERGENCY "MEANS :
An individual for whom an employee is responsible for providing or arranging health or T 38 health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking;utic 39 or 40 6.
(a) A N ACT OF BIOTERRORISM, A PANDEMIC INFLUENZA ,OR AN EPIDEMIC CAUSED BY A NOVEL AND HIGHLY FATAL INFECTIOUS AGENT , FOR WHICH :
Any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.
(I) ANEMERGENCYISDECLAREDBYAFEDERAL ,STATE,ORLOCAL PUBLIC HEALTH AGENCY ;OR (II) ADISASTEREMERGENCYISDECLAREDBYTHEGOVERNOR ;OR (b) A HIGHLY INFECTIOUS ILLNESS OR AGENT WITH EPIDEMIC OR PANDEMIC POTENTIAL FOR WHICH A DISASTER EMERGENCY IS DECLARED BY THE GOVERNOR .
E "Home health worker" means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.
(10) "RETALIATORY PERSONNEL ACTION "MEANS :
benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5;
(a) THE DENIAL OF ANY RIGHT GUARANTEED UNDER THIS PART4;
however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.
OR (b) A NY ADVERSE ACTION AGAINST AN EMPLOYEE FOR EXERCISING ANY RIGHT GUARANTEED IN THIS PART4,INCLUDING :
H "Retaliatory action" means a denial of any benefit provided pursuant to this article;
(I) ANYTHREAT ,DISCIPLIN,DISCHARGE ,SUSPENSION,DEMOTION , REDUCTION OF HOURS ,OR REPORTING OR THREATENING TO REPORT AN EMPLOYEE S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO A FEDERAL STATE ,OR LOCAL AGENCY ;OR (II) AYSANCTIONSAGAINSTANEMPLOYEEWHOISTHERECIPIENT OF PUBLIC BENEFITS FOR RIGHTS GUARANTEED UNDER THIS PART4;OR (III) ITERFERENCE WITH OR PUNISHMENT FOR PARTICIPATING IN OR ASSISTING, IN ANY MANNER , AN INVESTIGATION, PROCEEDING, OR HEARING UNDER THIS PART 4.
any th3eat, discharge, suspension, demotion, or reduction of hours;
(11) "SEXUALASSAULT "HASTHEMEANINGSETFORTHINSECTION 18-3-402.
or the taking of any other adverse acti8n action" includes interference with or punishment for in any manner participating in or assisting anatory investigation, proceeding, or hearing under this article.
-5- 205 (12) "YEAR" MEANS A REGULAR AND CONSECUTIVE TWELVE -MONTHPERIODASDETERMINEDBYANEMPLOYER ;EXCEPTTHAT FOR THE PURPOSES OF SECTIO8-13.3-411,YEAR "MEANS A CALENDAR YEAR .
1 "Sexual assault" means any act prohibited by the provisions of § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4.
8-13.3-403.
"Stalking" means conduct prohibited by the provisions of § 18.2-60.3.
Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules.) A LL EMPLOYEES WORKING IN C OLORADO HAVE THE RIGHT TO PAID SICK LEAVE AS SPECIFIED IN THIS PART 4.
"Year" means a regular and consecutive 12-month period as determined by the employer.
(2) (a) EFFECTIVE JANUARY 1, 2021,AN EMPLOYER SHALL PROVIDEEACHEMPLOYEEPAIDSICKLEAVEASPROVIDEDINTHISSECTION .
§ 40.1-33.4.
EACH EMPLOYEE EARNS AT LEAST ONE HOUR OF PAID SICK LEAVE FOR EVERY THIRTY HOURS WORKED BY THE EMPLOYEE ;EXCEPT THAT AN EMPLOYEE IS NOT ENTITLED UNDER THIS SECTION TO EARN OR USE MORE THAN FORTY EIGHT HOURS OF PAID SICK LEAVE EACH YE,UNLESS THE EMPLOYER SELECTS A HIGHER LIMIT.
Accrual of paid sick leave.
AN EMPLOYER MAY SATISFY THE ACCRUALREQUIREMENTSOFTHIS SECTION BYPROVIDINGTHE EMPLOYEE WITH AN AMOUNT OF PAID SICK LEAVE THAT MEETS OR EXCEEDS THE REQUIREMENTS OF THIS SECTION AT THE BEGINNING OF THE YEAR .
HB348H1 2 of 5 A.
NOTHING IN THIS SECTION DISCOURAGES OR PROHIBITS AN EMPLOYER FROM PROVIDING PAID SICK LEAVE THAT ACCRUES AT A FASTER OR MORE GENEROUS RATE THAN REQUIRED BY THIS SECTION .
All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked.
HIS SUBSECTION (2)(a)DOES NOT LIMIT THE ABILITY OF AN EMPLOYEE TO USE PAID SICK LEAVE AS PROVIDED IN SECTIO8-13.3-405.
Paid sick leave shall be carried over to the year following the year in which it was accrued.
(b) N OTHING IN THIS PART4PRECLUDES AN EMPLOYER FROM PROVIDING EMPLOYEES MORE PAID SICK LEAVE THAN THE AMOUNTS SPECIFIED IN THIS SUBSECTI(2).
An employee shall not accrue or, use, or carry over more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.
-6- 205 (c) AN EMPLOYEE WHO IS EXEMPT FROM OVERTIME REQUIRED IN SECTION 8-6-111 (4) ACCRUES PAID SICK LEAVE BASED ON THE ASSUMPTIONTHATTHEEMPLOYEEWORKSFORTYHOURSPERWEEK .FTHE EMPLOYEE 'S NORMAL WORKWEEK CONSISTS OF FEWER THAN FORTY HOURS ,THE EMPLOYEE ACCRUES PAID SICK LEAVE BASED UPON THE NUMBEROFHOURSTHATCOMPRISETHEEMPLOYEE SNORMALWORKWEEK .
B.
(3) (a) A EMPLOYEE BEGINS TO ACCRUE PAID SICK LEAVE WHEN EMPLOYMENT WITH THE EMPLOYER BEGINS AND MAY USE ACCRUED PAID SICK LEAVE AS IT IS ACCRU.D (b) U P TO FORTY-EIGHT HOURS OF PAID SICK LEAVE THAT AN EMPLOYEEACCRUESINAYEARBUT DOESNOTUSECARRIESFORWARDTO , AND MAY BE USED IN,A SUBSEQUENT YEAR ;EXCEPT THAT AN EMPLOYER IS NOT REQUIRED TO ALLOW THE EMPLOYEE TO USE MORE THAN FORTY -EIGHT HOURS OF PAID SICK LEAVE IN A Y.AR (4) A N EMPLOYER THAT HAS A PAID LEAVE POLICY FOR ITS EMPLOYEES MAY SATISFY THE REQUIREMENTS OF THIS SECTION AND SECTION 8-13.3-405ANDISNOT REQUIREDTO PROVIDE ADDITIONALPAID SICK LEAVE TO ITS EMPLOYEES IF THE EMPLOYE:
Employees who are exempt from overtime requirements under 29 U.S.C.
(a) M AKES AVAILABLE TO ITS EMPLOYEES ,THROUGH ITS PAID LEAVE POLICY ,AN AMOUNT OF PAID LEAVE SUFFICIENT TO SATISFY SECTION 8-13.3-405 AND MEET THE ACCRUAL REQUIREMENTS OF SUBSECTION (2)(a)OF THIS SECTIO;AND (b) ALLOWSITSEMPLOYEESTOUSETHEPAIDLEAVEFORTHESAME PURPOSES AND UNDER THE SAME CONDITIONS AS THOSE APPLICABLE TO PAID SICK LEAVE UNDER THIS PAR4.
§ 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C.
(5) (a) E XCEPT AS SPECIFIED IN SUBSECTION (5)(b)OF THIS SECTION,ANDNOTWITHSTANDINGSECTION 8-4-101(14)(a)(IV)NOTHING -7- 205 IN THIS SECTION REQUIRES AN EMPLOYER TO PROVIDE FINANCIAL OR OTHERREIMBURSEMENTOF UNUSEDPAIDSICKLEAVETOANEMPLOYEE UPON TERMINATION ,RESIGNATION ,RETIREMENT ,OR OTHER SEPARATION FROM EMPLOYMENT ;EXCEPT THAT AN INDIVIDUAL MAY RECOVER PAID SICK LEAVE AS A REMEDY FOR A RETALIATORY PERSONNEL ACTION THAT PREVENTED THE INDIVIDUAL FROM USING PAID SICK LEAVE.
§ 201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.
(b) I F AN EMPLOYEE SEPARATES FROM EMPLOYMENT AND IS REHIRED BY THE SAME EMPLOYER WITHIN SIX MONTHS AFTER THE SEPARATION ,THE EMPLOYER SHALL REINSTATE ANY PAID SICK LEAVE THAT THE EMPLOYEE HAD ACCRUED BUT NOT USED DURING THE EMPLOYEE 'SPREVIOUSEMPLOYMENTWITHTHEEMPLOYERANDTHATHAD NOT BEEN CONVERTED TO MONETARY COMPENSATION TO THE EMPLOYEE AT THE TIME OF SEPARATION FROM EMPLOYMENT .
C.
(6) A N EMPLOYER MAY LOAN PAID SICK LEAVE TO AN EMPLOYEE IN ADVANCE OF ACCRUAL OF PAID SICK LEAVE BY THE EMPLOYEE.
Employees who are employed and compensated on a fee-for-service basis shall accrue paid sick leave in accordance with regulations adopted by the Commissioner.
(7) IF AN EMPLOYEE IS TRANSFERRED TO A SEPARATE DIVISION, ENTITY OR LOCATIONBUT REMAINSEMPLOYEDBYTHE SAME EMPLOYER , THE EMPLOYEE IS ENTITLED TO ALL PAID SICK LEAVE ACCRUED AT THE PRIOR DIVISIO,ENTITY OR LOCATION AND IS ENTITLED TO USE ALL PAID SICK LEAVE AS PROVIDED IN THIS SECTI.N (8) IF A NEW EMPLOYER SUCCEEDS OR TAKES THE PLACE OF AN ORIGINAL EMPLOYER ,ALL EMPLOYEES OF THE ORIGINAL EMPLOYER WHO REMAIN EMPLOYED BY THE SUCCESSOR EMPLOYER ARE ENTITLED TO ALL PAID SICK LEAVE THAT THE EMPLOYEES ACCRUED WHEN EMPLOYED BY THE ORIGINAL EMPLOYER AND ARE ENTITLED TO USE PREVIOUSLY ACCRUED PAID SICK LEAVE AS SPECIFIED IN SECTI8-13.3-404.
The Commissioner shall promulgate such regulations, which shall provide for the accrual of paid sick leave for such employees that is consistent with the provisions of this section.
(9) THE DIVISION SHALL PROMULGATE RULES REGARDING -8- 205 COMPENSATION AND ACCRUAL OF PAID SICK LEAVE FOR EMPLOYEES EMPLOYED AND COMPENSATED ON A FEE -FOR-SERVICE BASI.
D.
8-13.3-404.
Paid sick leave as provided in this section shall begin to accrue at the commencement of employment.
Useofpaidsickleave-purposes-timeincrements.
An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year.
(1) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE THE EMPLOYEE S ACCRUED PAID SICK LEAVE TO BE ABSENT FROM WORK WHEN :
D.
(a) THE EMPLOYEE :
E.
(I) H AS A MENTAL OR PHYSICAL ILLNESS ,INJURY,OR HEALTH CONDITION THAT PREVENTS THE EMPLOYEE FROM WORKING ;
Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.
(II) N EEDS TO OBTAIN A MEDICAL DIAGNOSIS ,CARE , OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS , INJURY,OR HEALTH CONDITION ;OR (III) NEEDS TO OBTAIN PREVENTIVE MEDICAL CARE;
E.
(b) THE EMPLOYEE NEEDS TO CARE FOR A FAMILY MEMBER WHO :
F.
(I) H AS A MENTAL OR PHYSICAL ILLNESS ,INJURY,OR HEALTH CONDITION ;
Any employer that has entered into a bona fide collective bargaining agreement that requires the employer to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee covered by such collective bargaining agreement.
(II) N EEDS TO OBTAIN A MEDICAL DIAGNOSIS ,CARE , OR TREATMENT OF A MENTAL OR PHYSICAL ILLNESS ,INJURY,OR HEALTH CONDITION ;OR (III) NEEDS TO OBTAIN PREVENTIVE MEDICAL CARE;
G.
(c) THEEMPLOYEEORTHEEMPLOYEE SFAMILYMEMBERHASBEEN THEVICTIMOFDOMESTICABUSE ,SEXUALASSAULT ,ORHARASSMENTAND THE USE OF LEAVE IS T:
Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick leave that has not been used.
(I) SEEK MEDICAL ATTENTION FOR THE EMPLOYEE OR THE EMPLOYEE SFAMILYMEMBERTORECOVERFROMAMENTALORPHYSICAL ILLNESS, INJURY,OR HEALTH CONDITION CAUSED BY THE DOMESTIC ABUSE ,SEXUAL ASSAULT ,OR HARASSMENT ;
H.
(II) OBTAIN SERVICES FROM A VICTIM SERVICES ORGANIZATIO;
If an employee is transferred to a separate division, entity, or location but remains employed by the same employer, the employee is entitled to all paid sick leave accrued at the prior division, entity, or location and is entitled to use all paid sick leave as provided in this section.
-9- 205 (III) BTAIN MENTAL HEALTH OR OTHER COUNSELING;
If an employee is separated from employment with an employer and the employee is rehired within 12 months of separation by the same employer, previously accrued paid sick leave that had not been used shall be reinstated.
(IV) SEEK RELOCATION DUE TO THE DOMESTIC ABUSE, SEXUAL ASSAULT ,OR HARASSMENT ;OR (V) S EEK LEGAL SERVICES,INCLUDING PREPARATION FOR OR PARTICIPATION IN A CIVIL OR CRIMINAL PROCEEDING RELATING TO OR RESULTING FROM THE DOMESTIC ABUSE , SEXUAL ASSAULT , OR HARASSMENT ;OR (d) DUETOAPUBLICHEALTHEMERGENCY APUBLICOFFICIALHAS ORDERED CLOSURE OF :
Further, the employee shall be entitled to use accrued paid sick leave and accrue additional paid sick leave at the recommencement of employment.
(I) TE EMPLOYEE S PLACE OF BUSINES;OR (II) TE SCHOOL OR PLACE OF CARE OF THE EMPLOYEE'S CHILD AND THE EMPLOYEE NEEDS TO BE ABSENT FROM WORK TO CARE FOR THE EMPLOYEE S CHILD.
I.
(2) AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE PAID SICK LEAVEUPONTHEREQUESTOFANEMPLOYEE .THEREQUESTMAYBEMADE ORALLY ,IN WRITING, ELECTRONICALLY ,OR BY ANY OTHER MEANS ACCEPTABLE TO THE EMPLOYER .WHEN POSSIBLE,THE EMPLOYEE SHALL INCLUDE THE EXPECTED DURATION OFTHE ABSENCE.AN EMPLOYER MAY PROVIDE A WRITTEN POLICY THAT CONTAINS REASONABLE PROCEDURES FOR THE EMPLOYEE TO PROVIDE NOTICE WHEN THE USE OF PAID SICK LEAVETAKENUNDERTHISSECTIONISFORESEEABLE .ANEMPLOYERSHALL NOTDENYPAIDSICKLEAVETOTHEEMPLOYEEBASEDONNONCOMPLIANCE WITH SUCH A POLIC.
When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all paid sick leave that they accrued when employed by the original employer and to use paid sick leave previously accrued.
(3) AN EMPLOYEE MUST USE PAID SICK LEAVE IN HOURLY INCREMENTS UNLESS THE EMPLOYEE S EMPLOYER ALLOWS PAID SICK LEAVE TO BE TAKEN IN SMALLER INCREMENTS OF TI.E (4) A N EMPLOYER SHALL NOT REQUIRE , AS A CONDITION OF -10- 205 PROVIDINGPAIDSICKLEAVEUNDERTHISPART 4,ANEMPLOYEEWHOUSES PAID SICK LEAVE TO SEARCH FOR OR FIND A REPLACEMENT WORKER TO COVER THE TIME DURING WHICH THE EMPLOYEE IS ABSENT FROM WORK .
J.
(5) W HEN THE USE OF PAID SICK LEAVE TAKEN UNDER THIS SECTION IS FORESEEABLE ,THE EMPLOYEE SHALL MAKE A GOOD -FAITH EFFORT TO PROVIDE NOTICE OF THE NEED FOR PAID SICK LEAVE TO THE EMPLOYEE S EMPLOYER IN ADVANCE OFTHE USE OFTHE PAID SICK LEAVE AND SHALL MAKE A REASONABLE EFFORT TO SCHEDULE THE USE OF PAID SICK LEAVE IN A MANNER THAT DOES NOT UNDULY DISRUPT THE OPERATIONS OF THE EMPLOYER .
At its discretion, an employer may loan paid sick leave to an employee in advance of accrual of paid sick leave by such employee.
(6) EXCEPT AS PROVIDED IN SECTIO8-13.3-405 (5)(bFOR PAID SICK LEAVE OF FOUR OR MORE CONSECUTIVE WORK DAYS ,AN EMPLOYER MAYREQUIREREASONABLEDOCUMENTATIONTHATTHEPAIDSICKLEAVE IS FOR A PURPOSE AUTHORIZED BY THIS PAR4.
K.
8-13.3-405.
Nothing in this article shall be construed (i) to discourage or prohibit an employer from the adoption or retention of a more generous paid sick leave policy than outlined herein, and nothing in this article shall be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of paid sick leave or that extends other protections to employees, or (ii) as diminishing the rights of public employees regarding paid sick leave or the use of paid sick leave as provided under any applicable law.
Additional paid sick leave during a public health emergency.(1) D URINGAPUBLICHEALTHEMERGENCY ,EACHEMPLOYER IN THE STATE SHALL SUPPLEMENT EACH EMPLOYEE S ACCRUED PAID SICK LEAVE AS NECESSARY TO ENSURE THAT AN EMPLOYEE MAY TAKE THE FOLLOWING AMOUNTS OF PAID SICK LEAVE FOR THE PURPOSES SPECIFIED IN SUBSECTION (3)OF THIS SECTIO:
§ 40.1-33.5.
(a) F OR EMPLOYEES WHO NORMALLY WORK FORTY OR MORE HOURS IN A WEEK AT LEAST EIGHTY HOURS ;
Use of paid sick leave.
(b) FOR EMPLOYEES WHO NORMALLY WORK FEWER THAN FORTY HOURS IN A WEEK ,AT LEAST THE GREATER OF EITHER THE AMOUNT OF TIMETHEEMPLOYEEISSCHEDULEDTOWORKINAFOURTEEN -DAYPERIOD OR THE AMOUNT OFTIME THE EMPLOYEE ACTUALLYWORKS ON AVERAGE IN A FOURTEEN-DAY PERIOD.
A.
-11- 205 (2) ANEMPLOYEEMAYUSEPAIDSICKLEAVEUNDERTHISSECTION UNTILFOURWEEKSAFTERTHEOFFICIALTERMINATIONORSUSPENSIONOF THE PUBLIC HEALTH EMERGENCY .
Paid sick leave shall be provided to an employee by an employer for:
(3) AN EMPLOYER SHALL PROVIDE ITS EMPLOYEES THE PAID SICK LEAVEREQUIREDINSUBSECTION (1)OFTHISSECTIONFORTHEFOLLOWING ABSENCES RELATED TO A PUBLIC HEALTH EMERGENCY:
1.
(a) AN EMPLOYEE'S NEED T:
An employee's mental or physical illness, injury, or health condition;
(I) ELFISOLATEANDCAREFORONESELFBECAUSETHEEMPLOYEE IS DIAGNOSED WITH A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY ;
an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
(II) SELFISOLATE AND CARE FOR ONESELF BECAUSE THE EMPLOYEE IS EXPERIENCING SYMPTOMS OF A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENC;
or an employee's need for preventive medical care;
(III) SEKOROBTAIN MEDICALDIAGNOSIS ,CARE ORTREATMENT IF EXPERIENCING SYMPTOMS OF A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY;
or 2.
(IV) SEEK PREVENTIVE CARE CONCERNING A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGEN;OR (V) CARE FOR A FAMILY MEMBER WHO :
Care of a family member with a mental or physical illness, injury, or health condition;
(A) I SELF-ISOLATING AFTER BEING DIAGNOSED WITH A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY ;
care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
(B) IS SEL-ISOLATING DUE TO EXPERIENCING SYMPTOMS OF A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY ;
or care of a family member who needs preventive medical care;
(C) N EEDS MEDICAL DIAGNOSIS , CARE, OR TREATMENT IF EXPERIENCING SYMPTOMS OF A COMMUNICABLE ILLNESS THAT IS THE -12- 205 CAUSE OF A PUBLIC HEALTH EMERGENCY;OR (D) ISEEKINGPREVENTIVECARECONCERNINGACOMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGEN;Y (b) W ITH RESPECT TO A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY:
or 3.
(I) A LOCAL,STATE ,OR FEDERAL PUBLIC OFFICIAL OR HEALTH AUTHORITY HAVING JURISDICTION OVER THE LOCATION IN WHICH THE EMPLOYEE 'S PLACE OF EMPLOYMENT IS LOCATED OR THE EMPLOYEE S EMPLOYER DETERMINES THAT THE EMPLOYEE S PRESENCE ON THE JOB OR INTHECOMMUNITYWOULDJEOPARDIZETHEHEALTHOFOTHERSBECAUSE OF THE EMPLOYEE 'S EXPOSURE TO THE COMMUNICABLE ILLNESS OR BECAUSE THE EMPLOYEE IS EXHIBITING SYMPTOMS OF THE COMMUNICABLE ILLNESS ,REGARDLESS OF WHETHER THE EMPLOYEE HAS BEEN DIAGNOSED WITH THE COMMUNICABLE ILLNESS;OR (II) CARE OF A FAMILY MEMBER AFTER A LOCAL ,STATE ,OR FEDERAL PUBLIC OFFICIAL OR HEALTH AUTHORITY HAVING JURISDICTION OVER THE LOCATION IN WHICH THE FAMILY MEMBER S PLACE OF EMPLOYMENT IS LOCATED OR THE FAMILY MEMBER 'S EMPLOYER DETERMINESTHATTHEFAMILYMEMBER SPRESENCEONTHEJOBORINTHE COMMUNITYWOULDJEOPARDIZETHEHEALTHOFOTHERSBECAUSEOFTHE FAMILY MEMBER S EXPOSURE TO THE COMMUNICABLE ILLNESS OR BECAUSE THE FAMILY MEMBER IS EXHIBITING SYMPTOMS OF THE COMMUNICABLEILLNESS REGARDLESSOFWHETHERTHEFAMILYMEMBER HAS BEEN DIAGNOSED WITH THE COMMUNICABLE ILLNESS;
Absence due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to seek or obtain medical care, mental health care, counseling, legal services, relocation or securing of an existing home, or other victim services for the employee or the employee's family member.
(c) C ARE OF A CHILD OR OTHER FAMILY MEMBER WHEN THE INDIVIDUALS CHILD CARE PROVIDER IS UNAVAILABLE DUE TO A PUBLIC -13- 205 HEALTHEMERGENCY ORIFTHECHILD 'SORFAMILYMEMBER 'SSCHOOLOR PLACEOFCAREHASBEENCLOSEDBYALOCAL ,STATE,ORFEDERALPUBLIC OFFICIAL OR AT THE DISCRETION OF THE SCHOOL OR PLACE OF CARE DUE TO A PUBLIC HEALTH EMERGENCY,INCLUDING IF A SCHOOL OR PLACE OF CARE IS PHYSICALLY CLOSED BUT PROVIDING INSTRUCTION REMOTEL;
B.
(d)A N EMPLOYEE'S INABILITY TO WORK BECAUSE THE EMPLOYEE HAS A HEALTH CONDITION THAT MAY INCREASE SUSCEPTIBILITY TO OR RISK OF A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF THE PUBLIC HEALTH EMERGENCY .
Paid sick leave shall be provided upon the request of an employee.
(4)N OTWITHSTANDING ANY OTHER PROVISION IN THIS PAR4:
Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer.
(a) AN EMPLOYEE SHALL NOTIFY THE EMPLOYEES EMPLOYER OF THE NEED FOR PAID SICK LEAVE UNDER THIS SECTION AS SOON AS PRACTICABLEWHENTHENEEDFORPAIDSICKLEAVEISFORESEEABLEAND THE EMPLOYER S PLACE OF BUSINESS HAS NOT BEEN CLOS;D (b) DOCUMENTATION IS NOT REQUIREDTOTAKE PAIDSICK LEAVE UNDER THIS SECTION;AND (c) EMPLOYEES ARE ONLY ELIGIBLE FOR PAID SICK LEAVE IN THE AMOUNT DESCRIBED IN SUBSECTION (1)OF THIS SECTION ONCE DURING THE ENTIRETY OF A PUBLIC HEALTH EMERGENCY EVEN IF SUCH PUBLIC HEALTHEMERGENCYISAMENDED EXTENDED ,RESTATED,ORPROLONGED .
When possible, the request shall include the expected duration of the absence.
8-13.3-406.
of 5 provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
Paid sick leave related to COVID-19 - repeal.
D.
(1) EMPLOYERS IN THE STATE SHALL COMPLY WITH THE FEDERAL "EMERGENCY PAID SICK LEAVE A CT" IN THE "FAMILIES F IRST C ORONAVIRUS RESPONSE A CT", UB.
An employer that requires notice of the need to use paid sick leave shall provide a written policy that contains procedures for its employees to provide notice.
L.
An employer that has not provided to an employee based on noncompliance with such a policy.
116-127.
such notice shall not deny paid sick leave to the E.
(2) ONANDAFTERTHEEFFECTIVEDATEOFTHISSECTIONTHROUGH D ECEMBER 31,2020EACHEMPLOYERINTHESTATE ,REGARDLESSOFSIZE , -14- 205 SHALLPROVIDE PAIDSICKLEAVE INTHE AMOUNT ANDFORTHE PURPOSES PROVIDED IN THE FEDERAL"EMERGENCY PAIDSICK LEAVE ACT" IN THE "FAMILIES FIRSTCORONAVIRUS RESPONSE A CT", UB.
An employer shall not require, as a condition of an employee's taking paid sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave.
L.
An employer shall not require an employee to work an alternate shift to make up for the use of sick leave.
116-127TO EACH EMPLOYEE WHO IS NOT COVERED UNDER THE "EMERGENCY PAID SICK LEAVE ACT".
be taken in smaller increments.used in hourly increments unless the employer allows paid sick leave to G.
8-13.3-407.
An employer shall not require disclosure of details of health information about an employee or an employee's family member or details of domestic violence, sexual assault, or stalking, as a condition of providing paid sick leave under this article.
Employeerightsprotected-retaliationprohibited.
Unless otherwise required by law, an employer who possesses health, domestic violence, sexual assault, or stalking information about an employee or an information except to the employee or with the consent of the employee.nd shall not disclose suUh H.
(1) AN EMPLOYEE IS ENTITLED T:
For paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is requSred to be provided as set forth in subsection A.
(a) USE PAID SICK LEAVE CONSISTENT WITH THIS P4;T (b) FILE A COMPLAINT OR INFORM ANY PERSON ABOUT AN EMPLOYER 'S ALLEGED VIOLATION OF THIS PA4;
For the use of paid sick leave related to subdivision A 1 or 2, documentation signed by a health care professional indicating that paid sick leave is necessaryEshall be related to subdivision A 3, (i) a police report indicating domestic violence, sexual assault, or stalking;
(c) COOPERATE WITH THE DIVISION IN ITS INVESTIGATION OF AN ALLEGED VIOLATION OF THIS PAR4;AND (d) INFORM ANY PERSON OF THE PERSON 'S POTENTIAL RIGHTS UNDER THIS PART4.
(ii) a court document indicating the employee is involved in legal action related to domestic violence, sexual assault, or stalking;
(2)(a) ANEMPLOYERSHALLNOT TAKERETALIATORYPERSONNEL ACTION OR DISCRIMINATE AGAINST AN EMPLOYEE OR FORMER EMPLOYEE BECAUSE THE PERSON HAS EXERCISED , ATTEMPTED TO EXERCISE ,OR SUPPORTED THE EXERCISE OF RIGHTS PROTECTED UNDER THIS PART 4, INCLUDINGTHERIGHTTOREQUESTORUSEPAIDSICKLEAVEPURSUANTTO THIS PART 4;THE RIGHT TO FILE A COMPLAINT WITH THE DIVISION OR COURT OR INFORM ANY PERSON ABOUT ANY EMPLOYER 'S ALLEGED VIOLATION OF THIS PART 4;
(iii) documentation from a victim services advocate, the employee'S attorney, a member of the clergy, or a health care professional that the employee is or was receiving services related to domestic violence, sexual assault, or stalking;
THE RIGHT TO PARTICIPATE IN AN INVESTIGATION,HEARING,ORPROCEEDINGORCOOPERATEWITHORASSIST THE DIVISION IN ITS INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS PART 4;
or (iv) an employee's written statemUnt that the reasonable documentation for purposes of this subsection.ed in subdivision A 3 shall be consideBed § 40.1-33.5:1.
AND THE RIGHT TO INFORM ANY PERSON OF THE PERSON S POTENTIAL RIGHTS UNDER THIS PAR4.
Certain health care workers;
(b) IISUNLAWFULFORANEMPLOYERTOCOUNTPAIDSICKLEAVE -15- 205 TAKENBYANEMPLOYEE PURSUANT TOTHIS PART 4 ASANABSENCE THAT MAY LEAD TO OR RESULT IN DISCIPLINE ,DISCHARGE , DEMOTION , SUSPENSION,OR ANY OTHER RETALIATORY PERSONNEL ACTION AGAINST THE EMPLOYEE .
waiver;
6 (3) THE PROTECTIONS OF THIS SECTION APPLY TO ANY PERSON ACTING IN GOOD FAITH WHO ALLEGES A VIOLATION OF THIS P4,EVEN IF THE ALLEGATION IS DETERMINED TO BE MISTAK.N (4)T HE DIVISION SHALL INVESTIGATE EACH CLAIM OF DENIAL OF PAID SICK LEAVE IN VIOLATION OF THIS PART4.
exception.
THE DIVISION MAY INVESTIGATE CLAIMS OF RETALIATION IN VIOLATION OF THIS P4.T (5) IF AN INVESTIGATION OF EMPLOYER RETALIATION OR INTERFERENCE WITH EMPLOYEE RIGHTS YIELDS A DETERMINATION THA:
S A.
(a) RIGHTS OF MULTIPLE EMPLOYEES HAVE BEEN VIOLATE,THE VIOLATION AS TO EACH EMPLOYEE IS A SEPARATE VIOLATION FOR PURPOSES OF FINE,PENALTIES,OR OTHER REMEDIES;
An employee who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions;
(b) AVIOLATIONCOSTANEMPLOYEETHEEMPLOYEE SJOBORPAY , THE DETERMINATION MAY INCLUDE AN ORDER TO REINSTATE THE EMPLOYEE ,TOPAYTHE EMPLOYEE S LOST PAYUNTILREINSTATEMENTOR FORAREASONABLEPERIODIFREINSTATEMENTISDETERMINEDNOTTOBE FEASIBLE,OR BOTH.
(ii) is employed by a hospital licensed by the Department of Health;
(6)D ETERMINATIONSMADEBYTHEDIVISIONUNDERTHISSECTION ARE APPEALABLE PURSUANT TO SECTION 8-4-111.5 AND RULES PROMULGATEDBYTHEDEPARTMENTREGARDINGAPPEALSANDSTRATEGIC ENFORCEMENT .
and (iii) works, on average, no more than 30 hours per month may waive the right to accrue and Ise employee and the employer.
8-13.3-408.
If an employee waives his rights in accordance with this subsection, the the employer shall be deemed to have satisfied the provisions of this article with respect to such employee.
Notice to employees - penalty - rules.
B.
(1) E -16- 205 EMPLOYER SHALL NOTIFY ITS EMPLOYEES THAT THEY ARE ENTITLED TO PAID SICK LEAV,PURSUANT TO RULES PROMULGATED BY THE DIVISION.
Notwithstanding the provisions of this article, an employer shall not be required to provide paid sick leave under the provisions of this article to any employee who is employed on a pro re natT, or as-needed, basis, regardless of the number of hours worked in the month and who is (i) licensed, employed by a facility licensed by the Department of Health;
THE RULES MUST REQUIRE THE NOTICE T:
or (iii) employed by the University of(ii) Virginia Medical Center or Virginia Commonwealth University Health System Authority.
(a) SPECIFY THE AMOUNT OF PAID SICK LEAVE TO WHICH EMPLOYEES ARE ENTITLED AND THE TERMS OF ITS USE UNDER THIS PART 4;AND (b) N OTIFY EMPLOYEES THAT EMPLOYERS CANNOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING OR USING PAID SICK LEAVE AND THAT AN EMPLOYEE HAS THE RIGHT TO FILE A COMPLAINT OR BRING A CIVIL ACTION IF PAID SICK LEAVE IS DENIED BY THE EMPLOYER OR THE EMPLOYER RETALIATES AGAINST THE EMPLOYEE FOR EXERCISING THE EMPLOYEE S RIGHTS UNDER THIS PAR4.
§ 40.1-33.5:2.
(2) ANEMPLOYERCOMPLIESWITHTHE NOTICE REQUIREMENTSOF THIS SECTION B:
Notice and recordkeeping;
(a) SUPPLYING EACH EMPLOYEE WITH A WRITTEN NOTICE CONTAINING THE INFORMATION SPECIFIED IN SUBSECTION(1) OF THIS SECTION THAT IS IENGLISH AND IN ANY LANGUAGE THAT IS THE FIRST LANGUAGE SPOKEN BY AT LEAST FIVE PERCENT OF THE EMPLOYER S WORKFORCE ;AND (b) DISPLAYINGAPOSTERCREATEDPURSUANTTOSUBSECTION (3) OF THIS SECTION IN A CONSPICUOUS AND ACCESSIBLE LOCATION IN EACH ESTABLISHMENT WHERE THE EMPLOYER S EMPLOYEES WORK THAT CONTAINS THE INFORMATION REQUIRED BY SUBSECTION (1)OF THIS SECTIONINE NGLISHANDINANYLANGUAGETHATISTHEFIRSTLANGUAGE SPOKEN BY AT LEAST FIVE PERCENT OF THE EMPLOY'S WORKFORCE.
regulations.
(3) THE DIVISION SHALL CREATE AND MAKE AVAILABLE TO EMPLOYERS POSTERS AND NOTICES THAT CONTAIN THE INFORMATION -17- 205 REQUIREDBYSUBSECTION (1)OFTHISSECTION ANDEMPLOYERSMAYUSE THE POSTERS AND NOTICES TO COMPLYWITHTHE REQUIREMENTS OFTHIS SECTION.
The Commissioner shall promulgate regulations for employee notice and employer recordkeeping, including requirements for employers:
(4) (a) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION (2)(a)OR(6)OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH SEPARATE VIOLATION .
posting, including their right to file a complaint or bring a civil action for violations of this article;
(b) AN EMPLOYER WHO WILLFULLY VIOLATES SUBSECTION (2)(b) OF THIS SECTION IS SUBJECT TO A CIVIL FINE NOT TO EXCEED ONE HUNDRED DOLLARS .
2.
(c) THE FINES COLLECTED UNDER THIS SUBSECTIO(4)SHALL BE TRANSMITTED TO THE STATE TREASURER,WHO SHALL DEPOSIT THE FINES IN THE GENERAL FUND.
To establish and maintain recordkeeping systems regarding the use and accrual of paid sick leave, including the requirement to retain records for three years;
(5) IF AN EMPLOYER S BUSINESS IS CLOSED DUE TO A PUBLIC HEALTH EMERGENCY OR A DISASTER EMERGENCY DUE TO A PUBLIC HEALTH CONCERN ,THE NOTICE AND POSTING REQUIREMENTS OF THIS SECTION ARE WAIVED FOR THE PERIOD DURING WHICH THE PLACE OF BUSINESS IS CLOSE.
and B 3.
(6) IANEMPLOYERDOESNOTMAINTAINAPHYSICALWORKPLACE , OR AN EMPLOYEE TELEWORKS OR PERFORMS WORK THROUGH A WEB -BASED PLATFORM , THE EMPLOYER SHALL PROVIDE THE NOTICE REQUIREDINTHISSECTIONTHROUGHELECTRONICCOMMUNICATIONORA CONSPICUOUS POSTING IN THE WEBBASED PLATFORM .
To ensure the confidentiality of any protected health information or information regardin4 domestic violence, sexual assault, or stalking that the employer possesses about an employee orHan emp§ 40.1-33.6.
8-13.3-409.
Retaliatory action prohibited.
Employerrecords.(1) AEMPLOYERSHALLRETAIN RECORDSFOREACHEMPLOYEEFORATHREE -YEARPERIOD DOCUMENTING HOURSWORKED ,PAIDSICKLEAVE ACCRUED ,ANDPAIDSICKLEAVE USED .
1 A.
U PON APPROPRIATE NOTICE AND AT A MUTUALLY AGREEABLE TIME,THE EMPLOYER SHALL ALLOW THE DIVISION ACCESS TO THE RECORDS FOR -18- 205 PURPOSES OF MONITORING COMPLIANCE WITH THIS PAR4.
No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or;
(2) I AN ISSUE ARISES AS TO AN EMPLO'S RIGHT TO PAID SICK LEAVEANDTHEEMPLOYERHASNOTMAINTAINEDORRETAINEDADEQUATE RECORDS FOR THAT EMPLOYEE OR DOES NOT ALLOW THE DIVISION REASONABLE ACCESS TO THE RECORDS , THE EMPLOYER SHALL BE PRESUMED TO HAVE VIOLATED THIS PART 4 ABSENT CLEAR AND CONVINCINGEVIDENCETODEMONSTRATETHEEMPLOYER 'SCOMPLIANCE .
(ii) has alleged a violation of this article;
8-13.3-410.
(iii) has participated in an investigation, hearing, or proceeding or cooperated with or assisted the Commissioner in investigations of any alleged HB348H1 4 of 5 violation of this article;
Authority of director - rulHE DIRECTOR MAY COORDINATE IMPLEMENTATION AND ENFORCEMENT OF THIS PART 4 AND ADOPT RULES AS NECESSARY FOR SUCH PURPOSE.
or (iv) has informed any individual of such individual's potential benefits under this article.
8-13.3-411.
B.
Enforcement-judicialreviewofdirector'sactions.
Neither an employer nor any other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any benefit provided pursuant to this article.
(1) T HE DIRECTOR AND THE DIVISION HAVE JURISDICTION OVER THE ENFORCEMENTOFTHISPART 4ANDMAYEXERCISEALLPOWERSGRANTED UNDER ARTICLE 1OF THIS TITL8TO ENFORCE THIS PART4.
An employer's absence control policy shall not count paid sick leave taken under this article as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.
(2) THEDIVISIONMAYENFORCETHEREQUIREMENTSOFTHISPART 4.
Protections of this section shall apply to any person who mistakenly but in good faith alleges a violation of the provisions of this article.
(3) PURSUANT TO SECTION8-1-130,ANY FINDINGS,AWARDS ,OR ORDERS ISSUED BY THE DIRECTOR WITH RESPECT TO ENFORCEMENT OF THIS PART 4 CONSTITUTE FINAL AGENCY ACTION , AND ANY PERSON AFFECTEDBYSUCHFINALAGENCYACTIONMAYSEEKJUDICIALREVIEWAS PROVIDED IN SECTION24-4-106.
§ 40.1-33.6:1.
(4)(a) APERSONAGGRIEVEDBYAVIOLATIONOFTHISPART 4MAY COMMENCE A CIVIL ACTION IN DISTRICT COURT NO LATER THAN TWO YEARS AFTER THE VIOLATION OCCURS .
Enforcement;
A VIOLATION OF THIS PART4 OCCURSONEACHOCCASIONTHATAPERSONISAFFECTEDBYAFAILURETO PROVIDEPAIDSICKLEAVEORRETALIATIONRELATEDTOPAIDSICKLEAVE .
civil penalties;
(b) AFTER ANUARY 1, 2021AN EMPLOYER WHO VIOLATES THIS -19- 205 PART 4IS LIABLE FOR BACK PAY AND ANY OTHER RELIEF AS PROVIDED BY SECTION 8-5-104 (2)(AND (2)(b).
civil actions.
(c) I A CIVIL ACTION IS COMMENCED UNDER THIS SECTI,ANY PARTY TO THE CIVIL ACTION MAY DEMAND A TRIAL BY JU.Y (d) BEFORECOMMENCINGANYCIVILACTIONUNDERTHISSECTION , AN AGGRIEVED PERSON MUST ,IN ACCORDANCE WITH ARTICLE4 OF THIS TITLE 8,SUBMIT A COMPLAINT TO THE DIVISION OR MAKE A WRITTEN DEMAND FOR PAYMENT TO THE EMPLOYER .
A.
(e) FAPERSONAGGRIEVEDBYAVIOLATIONOFTHISPART 4 FILES ACIVILACTIONTOENFORCEAJUDGMENTMADEUNDERTHISSECTION ,THE COURT SHALL WAIVE ANY FILING FEE REQUIRED UNDER ARTICLE32 OF TITLE13.
The Commissioner shall promulgate regulations for implementation and enforcement of this article.
(f)N OTHING IN THIS SECTION PREVENTS AN AGGRIEVED PERSON FROM FILING A CHARGE WITH THE DIVISION PURSUANT TO THIS SEC.ION 8-13.3-412.
B.
Confidentiality of employee information - definition.
The Commissioner shall enforce the provisions of this article.
(1) A EMPLOYER SHALL NOT REQUIRE DISCLOSURE OF DETAILS RELATING TO DOMESTIC VIOLENCE , SEXUAL ASSAULT , OR STALKINGORTHE DETAILSOFANEMPLOYEE 'SORANEMPLOYEE 'SFAMILY MEMBER 'SHEALTHINFORMATIONASACONDITIONOFPROVIDINGPAIDSICK LEAVE UNDER THIS PART4.
In effectuating such enforcement, the Commissioner shall establish a system utilizing multiple means of communication to receive complaints regarding noncompliance with this article and to investigate complaints received by the Commissioner in a timely manner.
(2) A NY HEALTH OR SAFETY INFORMATION POSSESSED BY AN EMPLOYER REGARDING AN EMPLOYEE OR EMPLOYEE 'S FAMILY MEMBER MUST :
C.
(a) BMAINTAINEDONASEPARATEFORMANDINASEPARATEFILE FROM OTHER PERSONNEL INFORMATION ;
Any person alleging a violation of this article shall have the right to file a complaint with the Commissioner within one year of the date the person knew or should have known of the alleged violation.
(b) BE TREATED AS CONFIDENTIAL MEDICAL RECORD;AND (c) NOT BE DISCLOSED EXCEPT TO THE AFFECTED EMPLOYEE OR -20- 205 WITH THE EXPRESS PERMISSION OF THE AFFECTED EMPLOYE.
The Commissioner shall encourage reporting pursuant to this section by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or other person reporting the violation, provided, however, that with the authorization of such person, the Commissioner may disclose the person's name and identifying information as necessary to enforce this article or for other appropriate purposes.
(3) AS USED IN THIS SECT,"AFFECTED EMPLOYEE" MEANS THE EMPLOYEE :
D.
(a) ABOUTWHOMTHEHEALTHINFORMATIONPERTAINSORWHOIS THEVICTIMOFTHEDOMESTICABUSE ,SEXUALASSAULT ,ORHARASSMENT ;
Upon receiving a complaint alleging a violation of this article, the Commissioner shall investigate such complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint or other means.
OR (b) W HOSE FAMILY MEMBER IS THE SUBJECT OF THE HEALTH INFORMATION OR IS THE VICTIM OF THE DOMESTIC ABUSE , SEXUAL ASSAULT ,OR HARASSMENT .
The Commissioner shall keep the complainant notified regarding the status of his complaint and any resultant investigation.
8-13.3-413.
If the Commissioner believes that a violation has occurred, he shall issue to the offending person or employer a notice of violation and the relief required of the offending person or entity.
Employers encouraged to provide more generous paidsickleave.(1) NOTHINGINTHISPART 4DISCOURAGESORPROHIBITS ANEMPLOYERFROMADOPTINGORCONTINUINGAPAIDSICKLEAVEPOLICY THATISMOREGENEROUSTHANTHEPAIDSICKLEAVEPOLICYREQUIREDBY THIS PART4.
The Commissioner shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.
(2) NOTHING IN THIS PAR4DIMINISHES:
E.
(a) THE OBLIGATION OF AN EMPLOYER TO COMPLY WITH ANY CONTRACT ,COLLECTIVEBARGAININGAGREEMENT ,EMPLOYMENTBENEFIT PLAN ,OR OTHER AGREEMENT PROVIDING EMPLOYEES WITH A MORE GENEROUS PAID SICK LEAVE POLICY THAN THE PAID SICK LEAVE POLICY REQUIRED BY THIS PART4;OR (b) T HE RIGHTS,PRIVILEGE, OR REMEDIES OF AN EMPLOYEE UNDER A COLLECTIVE BARGAINING OR PARTNERSHIP AGREEMENT , EMPLOYER POLICY OR EMPLOYMENT CONTRACT .
The Commissioner shall notify any employer who he alleges has violated any provision of this article by certified mail.
(3) NOTHING IN THIS PART4DIMINISHES THE RIGHTS OF PUBLIC EMPLOYEESREGARDINGPAIDSICKLEAVEORTHEUSEOFPAIDSICKLEAVE AS PROVIDED IN SECTIO24-50-104 (7).
Such notice shall contain a description of the alleged violation.
8-13.3-414.
Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference with the Commissioner regarding such violation.
Otherlegalrequirementsapplicable.(1) TPART -21- 205 4 PROVIDES MINIMUM REQUIREMENTS PERTAINING TO PAID SICK LEAVE ANDDOESNOTPREEMPT LIMIT,OROTHERWISEAFFECTTHEAPPLICABILITY OFANY OTHER LAW ,REGULATION ,REQUIREMENT ,POLICYOR STANDARD THAT PROVIDES FOR A GREATER AMOUNT ,ACCRUAL , OR USE BY EMPLOYEES OF PAID SICK LEAVE OR THAT EXTENDS OTHER PROTECTIONS TO EMPLOYEES .
F.
(2) TO THE EXTENT ALLOWABLE AND NOT IN CONFLICT WITH FEDERAL LAW ,ANY PAID SICK LEAVE PROVIDED TO AN EMPLOYEE OF A FEDERAL CONTRACTOR AS REQUIRED BY FEDERAL EXECUTIVE ORDER 13706,"ESTABLISHING PAIDSICK LEAVE FORFEDERAL C ONTRACTORS ", AS PUBLISHED IN81 ED .
Any such employer who knowingly violates this article shall be subject to a civil penalty not to exceed $150 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $300 for the second violation and not to exceed $500 for each successive violation.
EG.
In determining the amount of any civil penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation.
67598 (2016)IS CONSIDERED PAID SICK LEAVE PROVIDED UNDER THIS PART4.
The decision of the Commissioner shall be final.
8-13.3-415.
G.
Collective bargaining agreements.
The Commissioner, with the written and signed consent of an employee, may institute proceedings on behalf of an employee to enforce compliance with this article, to grant equitable relief as appropriate and permitted by law, and to collect the amount of any uncompensated sick leave that shall be paid to the employee entitled thereto.
(1ITH AGREEMENT OF THE FUND TRUSTEES ,AN EMPLOYER SIGNATORY TO A MULTIEMPLOYERCOLLECTIVEBARGAININGAGREEMENTMAYFULFILLITS OBLIGATIONS UNDER THIS PART 4 BY MAKING CONTRIBUTIONS TO A MULTIEMPLOYER PAID SICK LEAVE FUND,PLAN,OR PROGRAM BASED ON THE HOURS EACH OF ITS EMPLOYEES ACCRUES PURSUANT TO THIS PA4T WHILE WORKING UNDER THE MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT , PROVIDED THAT THE FUND,PLAN ,OR PROGRAM ENABLES EMPLOYEES TO COLLECT PAID SICK LEAVE FROM THE FUND ,PLAN ,OR PROGRAM BASED ON HOURS THEY HAVE WORKED UNDER THE MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT AND FOR THE PURPOSES SPECIFIED UNDER THIS PAR4.
Upon entry of a final order of the Commissioner, or upon entry of a judgment against the employer, the Commissioner or the court shall assess attorney fees of one-third the amount set forth in the final order or judgment.
(2) EMPLOYEES WHO WORK UNDER A MULTIEMPLOYER COLLECTIVE BARGAINING AGREEMENT INTO WHICH THEIR EMPLOYERS MAKE CONTRIBUTIONS AS PROVIDED IN SUBSECTION(1OF THIS SECTION -22- 205 MAY COLLECT FROM THE PAID SICK LEAVE FUND ,PLAN ,OR PROGRAM BASED ON HOURS THEY HAVE WORKED UNDER THE MULTIEMPLOYER COLLECTIVE BARGAININGAGREEMENT AND FORTHE PURPOSESSPECIFIED UNDER THIS PART4.
H.
8-13.3-416.
In addition to any civil penalties provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, an employee who alleges a violation of this article may bring a civil action in a court of competent jurisdiction against an employer violating this article.
Employer policies.
Such action may be brought by a person aggrieved by a violation of this article without first filing an administrative complaint.
AMPLOYER POLICY ADOPTED OR RETAINED MUST NOT DIMINISH AN EMPLOYEE'S RIGHT TO PAID SICK LEAVE UNDERTHISPART 4.ANYAGREEMENT BYANEMPLOYEE TOWAIVE THE EMPLOYEE S RIGHTS UNDER THIS PAR4IS VOID AS AGAINST PUBLIC POLICY.
Upon prevailing in an action brought pursuant to this section, the court shall order as a remedy to the employee (i) twice the amount of any uncompensated sick leave;
8-13.3-417.
(ii) twice the amount of any actual damages suffered as the result of an employer's violation of this article;
Severability.
(iii) injunctive relief as appropriate to restrain continued violation of this article;
INY PROVISION OF THIS PA4TOR APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS JUDGED INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS PAR4THAT CAN BE GIVEN EFFECT WITHOUT THE INVALIDPROVISIONORAPPLICATION ,ANDTOTHISENDTHEPROVISIONSOF THIS PART4ARE DECLARED SEVERABLE .
(iv) such legal or equitable relief as may be appropriate to remedy the violation, including the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position;
8-13.3-418.
and (v) compensation for any lost wages, benefits, and other remuneration, together with interest thereon and reasonable attorney fees and costs.
Employer authorized to take disciplinary action.
The statute of limitations for a civil action brought pursuant to this section shall be for a period of two years from the date the alleged violation occurred or the date the aggrieved employee knew or should have known of the violation.
N OTHING IN THIS PART 4 PROHIBITS AN EMPLOYER FROM TAKING DISCIPLINARYACTIONAGAINSTANEMPLOYEEWHOUSESPAIDSICKLEAVE PROVIDED UNDER THIS PART 4 FOR PURPOSES OTHER THAN THOSE DESCRIBED IN THIS PAR4.
I.
SECTION 2.
Civil penalties owed under this article shall be paid to the Commissioner for deposit into the general fund.
In Colorado Revised Statutes, 8-4-101, add (14)(a)(IV) as follows:
The Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.
8-4-101.
Such procedures shall include provisions for an of 5 245employer to consent to abatement of the alleged violation and to pay a proposed civil penalty or a 247alleged violation.lieu of such civil penalty without admission of any civil liability arising from such 2482.
Definitions.
That the provisions of this act shall become effective on January 1, 2025.
As used in this article 4, unless the context otherwise requires:
H O U S E U B S T I T U E B H 1
(14) (a) "Wages" or "compensation" means:
(IV) "PAID SICK LEAV"AS PROVIDED IN PAR4 OF ARTICL13.3 OF THIS TITL8.
-23- 205 SECTION 3.
Appropriation.
For the 2020-21 state fiscal year, $206,566 is appropriated to the department of labor and employment for use bythedivisionof labor standards and statistics.
This appropriation is fromthegeneralfundandisbasedonanassumptionthatthedivisionwill require an additional 2.7 FTE.
To implement this act, the division may use this appropriation for program costs related to labor standards.
SECTION4.
Applicability.Thisactappliestoconductoccurring on or after the effective date of this act.
SECTION 5.
Safety clause.
The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
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