Struck = only in HB 348 ·
added = only in SB 20-205.
SESSIONSecond HOUSERegular SUBSTITUTESession 24106956DSeventy-second AMENDMENTGeneral INAssembly THESTATE NATURE OF ACOLORADO SUBSTITUTEENGROSSED (ProposedThis byVersion theIncludes HouseAll CommitteeAmendments onAdopted Labor and Commerce on FebruarySecond 1,Reading 2024)in (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 CodeHouse of VirginiaIntroduction andLLS toNO. 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;
paid20-1189.01 sickYelana leave;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 .
civilBill penalties.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.
Thatg §§On 40.1-33.3and throughafter 40.1-33.6 of the Codeeffective date of Virginia are amended and reenacted and that the Codeact ofthrough VirginiaDecember is31, amendedd bye adding0 in2020,employersarerequiredtoprovideeachoftheiremployeespaidsick ArticleT 2.1R of0 ChapterA 3n of8 TitleShading 40.1denotes sectionsHOUSE numberedamendment. 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1 as follows:
§Double 40.1-33.3.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.
AsAS usedUSED inIN thisTHIS article,PART4, unlessUNLESS theTHE contextCONTEXT requiresOTHERWISE aREQUIRES different: meaning:
H(1) "Domestic"DIRECTOR violence""MEANS hasTHE theDIRECTOR sameOF meaningTHE asDIVISION provided. in subdivision 7 of § 38.2-508.
O(2) hours"DIVISION"MEANS perTHE month.DIVISION OF LABOR STANDARDS AND STATISTICSINTHEDEPARTMENTOFLABORANDEMPLOYMENTCREATEDIN SECTION 8-1-103.
"Employee"(3) has"DOMESTIC theABUSE same" meaningHAS asTHE providedMEANING inSET §FORTH 40.1-2IN exceptSECTION that13-14-101 "employee"(2). does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions;
(ii)(4) is"EMPLOYEE employed"HASTHEMEANINGSETFORTHINSECTION by8-4-101 a-3- hospital205 licensed(5). by the Department of Health;
and"MPLOYEE (iii)" works,DOES onNOT average,INCLUDE noAN more"EMPLOYEE than" 30AS hoursDEFINED perIN45 month an individual describedSin 45 U.S.C.
§SEC 351(d). who is subject to the federal Railroad Unemployment Insurance Act (45 U.S.C.
§ 351 et(d)WHO seq.).IS SUBJECT TO THE FEDERAL "RAILROAD U NEMPLOYMENT NSURANCE A CT", 45 U.S.CSEC.
E351ET §SEQ. 40.1-2.1, "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions.
"Employer"(5) does(a) not"EMPLOYER include" anyHAS agencyTHE ofMEANING theSET federalFORTH government.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(b) member""EMPLOYER means:" DOESNOT INCLUDETHEFEDERALGOVERNMENT .
S(6) 1."FAMILY MEMBER "MEANS :
Regardless(a) ofA age,N aEMPLOYEE biologicalS child,IMMEDIATE adoptedFAMILY orMEMBER foster,AS child,DEFINED stepchild,IN legalSECTION ward,2-4-401 child(3.7); to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;
B(b) employee'sA spouse,CHILD orTO individualWHOM whoTHE stoodEMPLOYEE inSTANDS locoIN parentisLOCO toPARENTIS anORAPERSONWHOSTOODINLOCOPARENTISTOTHEEMPLOYEEWHENTHE employeeEMPLOYEE whenWAS theA employeeMINOR orloyee;OR or(c) anA employee'sPERSON spouseFOR wasWHOM aTHE minorEMPLOYEE child;IS RESPONSIBLE FOR PROVIDING OR ARRANGING HEALTH -OR SAFETY RELATED CARE .
S(7) 3."H ARASSMENT "HAS THE MEANING SET FORTH IN SECTION 18-9-111.
An(8) individual(a) to"PID whomSICK anLEAVE"MEANS employeeTIME isOFF legallyFROM marriedWORK underTHAT theIS: laws of any state;
T(I) 4.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(b) grandparent,"PAIDSICKLEAVE grandchild,"IS"WAGES or"ASDEFINEDINSECTION sibling,8-4-101 whether(14). of a biological, foster, adoptive, or stepIrelationship, 35 of an employee or the employee's spouse;
36-4- 5.205 (9) "UBLIC HEALTH EMERGENCY "MEANS :
An(a) individualA forN whomACT anOF employeeBIOTERRORISM, isA responsiblePANDEMIC forINFLUENZA providing,OR orAN arrangingEPIDEMIC healthCAUSED orBY TA 38NOVEL healthAND treatmentHIGHLY orFATAL ensuringINFECTIOUS theAGENT person, isFOR safeWHICH following: domestic violence, sexual assault, or stalking;utic 39 or 40 6.
Any(I) otherANEMERGENCYISDECLAREDBYAFEDERAL individual,STATE,ORLOCAL relatedPUBLIC byHEALTH bloodAGENCY or;OR affinity(II) whoseADISASTEREMERGENCYISDECLAREDBYTHEGOVERNOR close;OR association(b) withA anHIGHLY employeeINFECTIOUS isILLNESS theOR equivalentAGENT ofWITH aEPIDEMIC familyOR relationship.PANDEMIC POTENTIAL FOR WHICH A DISASTER EMERGENCY IS DECLARED BY THE GOVERNOR .
E(10) "Home"RETALIATORY healthPERSONNEL worker"ACTION means"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.
benefits,(a) includingTHE healthDENIAL careOF benefits,ANY asRIGHT anGUARANTEED employeeUNDER normallyTHIS earnsPART4; during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5;
however,OR such(b) hourlyA rateNY shallADVERSE notACTION beAGAINST lessAN thanEMPLOYEE theFOR minimumEXERCISING wageANY amountRIGHT setGUARANTEED forthIN inTHIS §PART4,INCLUDING 40.1-28.10: without reduction for any tip credit that the employer would otherwise be permitted to claim.
H(I) "RetaliatoryANYTHREAT action",DISCIPLIN,DISCHARGE means,SUSPENSION,DEMOTION a, denialREDUCTION ofOF anyHOURS benefit,OR providedREPORTING pursuantOR toTHREATENING thisTO article;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(11) th3eat,"SEXUALASSAULT discharge,"HASTHEMEANINGSETFORTHINSECTION suspension,18-3-402. demotion, or reduction of hours;
or-5- the205 taking(12) of"YEAR" anyMEANS otherA adverseREGULAR acti8nAND action"CONSECUTIVE includesTWELVE interference-MONTHPERIODASDETERMINEDBYANEMPLOYER with;EXCEPTTHAT orFOR punishmentTHE forPURPOSES inOF anySECTIO8-13.3-411,YEAR manner"MEANS participatingA inCALENDAR orYEAR assisting. anatory investigation, proceeding, or hearing under this article.
18-13.3-403. "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.
"Stalking"Paid meanssick conductleave prohibited- accrual - carry forward to subsequent year - comparable leave provided by theemployer provisions- ofno §payment 18.2-60.3.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"(2) means(a) aEFFECTIVE regularJANUARY and1, consecutive2021,AN 12-monthEMPLOYER periodSHALL asPROVIDEEACHEMPLOYEEPAIDSICKLEAVEASPROVIDEDINTHISSECTION determined. by the employer.
§EACH 40.1-33.4.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.
AccrualAN ofEMPLOYER paidMAY sickSATISFY leave.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 .
HB348H1NOTHING 2IN ofTHIS 5SECTION A.DISCOURAGES OR PROHIBITS AN EMPLOYER FROM PROVIDING PAID SICK LEAVE THAT ACCRUES AT A FASTER OR MORE GENEROUS RATE THAN REQUIRED BY THIS SECTION .
AllHIS employeesSUBSECTION shall(2)(a)DOES accrueNOT aLIMIT minimumTHE ofABILITY oneOF hourAN ofEMPLOYEE paidTO sickUSE leavePAID forSICK everyLEAVE 30AS hoursPROVIDED worked.IN SECTIO8-13.3-405.
Paid(b) sickN leaveOTHING shallIN beTHIS carriedPART4PRECLUDES overAN toEMPLOYER theFROM yearPROVIDING followingEMPLOYEES theMORE yearPAID inSICK whichLEAVE itTHAN wasTHE accrued.AMOUNTS SPECIFIED IN THIS SUBSECTI(2).
An-6- employee205 shall(c) notAN accrueEMPLOYEE or,WHO use,IS orEXEMPT carryFROM overOVERTIME moreREQUIRED thanIN 40SECTION hours8-6-111 of(4) paidACCRUES sickPAID leaveSICK inLEAVE aBASED year,ON unlessTHE theASSUMPTIONTHATTHEEMPLOYEEWORKSFORTYHOURSPERWEEK employer.FTHE selectsEMPLOYEE a'S higherNORMAL limit.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(a) whoM areAKES exemptAVAILABLE fromTO overtimeITS requirementsEMPLOYEES under,THROUGH 29ITS U.S.C.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.
§(5) 213(a)(1)(a) ofE theXCEPT federalAS FairSPECIFIED LaborIN StandardsSUBSECTION Act,(5)(b)OF 29THIS U.S.C.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.
§(b) 201I etF seq.,AN willEMPLOYEE beSEPARATES assumedFROM toEMPLOYMENT workAND 40IS hoursREHIRED inBY eachTHE workweekSAME forEMPLOYER purposesWITHIN ofSIX paidMONTHS sickAFTER leaveTHE accrualSEPARATION unless,THE theirEMPLOYER normalSHALL workweekREINSTATE isANY lessPAID thanSICK 40LEAVE hours,THAT inTHE whichEMPLOYEE caseHAD paidACCRUED sickBUT leaveNOT accruesUSED onDURING theTHE basisEMPLOYEE of'SPREVIOUSEMPLOYMENTWITHTHEEMPLOYERANDTHATHAD thatNOT normalBEEN workweek.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(7) whoIF areAN employedEMPLOYEE andIS compensatedTRANSFERRED onTO aA fee-for-serviceSEPARATE basisDIVISION, shallENTITY accrueOR paidLOCATIONBUT sickREMAINSEMPLOYEDBYTHE leaveSAME inEMPLOYER accordance, withTHE regulationsEMPLOYEE adoptedIS byENTITLED theTO Commissioner.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(9) CommissionerTHE shallDIVISION promulgateSHALL suchPROMULGATE regulations,RULES whichREGARDING shall-8- provide205 forCOMPENSATION theAND accrualACCRUAL ofOF paidPAID sickSICK leaveLEAVE forFOR suchEMPLOYEES employeesEMPLOYED thatAND isCOMPENSATED consistentON withA theFEE provisions-FOR-SERVICE ofBASI. this section.
D.8-13.3-404.
PaidUseofpaidsickleave-purposes-timeincrements. sick leave as provided in this section shall begin to accrue at the commencement of employment.
An(1) employerAN mayEMPLOYER provideSHALL allALLOW paidAN sickEMPLOYEE leaveTO thatUSE anTHE employeeEMPLOYEE isS expectedACCRUED toPAID accrueSICK inLEAVE aTO yearBE atABSENT theFROM beginningWORK ofWHEN the: year.
D.(a) THE EMPLOYEE :
E.(I) H AS A MENTAL OR PHYSICAL ILLNESS ,INJURY,OR HEALTH CONDITION THAT PREVENTS THE EMPLOYEE FROM WORKING ;
Any(II) employerN withEEDS aTO paidOBTAIN leaveA policy,MEDICAL suchDIAGNOSIS as,CARE a, paidOR timeTREATMENT offOF policy,A thatMENTAL providesOR anPHYSICAL employeeILLNESS an, amountINJURY,OR ofHEALTH paidCONDITION leave;OR sufficient(III) toNEEDS meetTO theOBTAIN requirementsPREVENTIVE ofMEDICAL thisCARE; 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.
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(II) employerN thatEEDS hasTO enteredOBTAIN intoA aMEDICAL bonaDIAGNOSIS fide,CARE collective, bargainingOR agreementTREATMENT thatOF requiresA theMENTAL employerOR toPHYSICAL provideILLNESS an,INJURY,OR amountHEALTH ofCONDITION paid;OR leave(III) sufficientNEEDS toTO meetOBTAIN thePREVENTIVE requirementsMEDICAL ofCARE; 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.
G.(c) THEEMPLOYEEORTHEEMPLOYEE SFAMILYMEMBERHASBEEN THEVICTIMOFDOMESTICABUSE ,SEXUALASSAULT ,ORHARASSMENTAND THE USE OF LEAVE IS T:
Nothing(I) inSEEK thisMEDICAL sectionATTENTION shallFOR beTHE construedEMPLOYEE asOR requiringTHE financialEMPLOYEE orSFAMILYMEMBERTORECOVERFROMAMENTALORPHYSICAL otherILLNESS, reimbursementINJURY,OR toHEALTH anCONDITION employeeCAUSED fromBY anTHE employerDOMESTIC uponABUSE the,SEXUAL employee'sASSAULT termination,,OR resignation,HARASSMENT retirement,; or other separation from employment for accrued paid sick leave that has not been used.
H.(II) OBTAIN SERVICES FROM A VICTIM SERVICES ORGANIZATIO;
If-9- an205 employee(III) isBTAIN transferredMENTAL toHEALTH aOR separateOTHER division,COUNSELING; 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.
If(IV) anSEEK employeeRELOCATION isDUE separatedTO fromTHE employmentDOMESTIC withABUSE, anSEXUAL employerASSAULT and,OR theHARASSMENT employee;OR is(V) rehiredS withinEEK 12LEGAL monthsSERVICES,INCLUDING ofPREPARATION separationFOR byOR thePARTICIPATION sameIN employer,A previouslyCIVIL accruedOR paidCRIMINAL sickPROCEEDING leaveRELATING thatTO hadOR notRESULTING beenFROM usedTHE shallDOMESTIC beABUSE reinstated., SEXUAL ASSAULT , OR HARASSMENT ;OR (d) DUETOAPUBLICHEALTHEMERGENCY APUBLICOFFICIALHAS ORDERED CLOSURE OF :
Further,(I) theTE employeeEMPLOYEE shallS bePLACE entitledOF toBUSINES;OR use(II) accruedTE paidSCHOOL sickOR leavePLACE andOF accrueCARE additionalOF paidTHE sickEMPLOYEE'S leaveCHILD atAND theTHE recommencementEMPLOYEE ofNEEDS employment.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(3) aAN differentEMPLOYEE employerMUST succeedsUSE orPAID takesSICK theLEAVE placeIN ofHOURLY anINCREMENTS existingUNLESS employer,THE allEMPLOYEE employeesS ofEMPLOYER theALLOWS originalPAID employerSICK whoLEAVE remainTO employedBE byTAKEN theIN successorSMALLER employerINCREMENTS areOF entitledTI.E to(4) allA paidN sickEMPLOYER leaveSHALL thatNOT theyREQUIRE accrued, whenAS employedA byCONDITION theOF original-10- employer205 andPROVIDINGPAIDSICKLEAVEUNDERTHISPART to4,ANEMPLOYEEWHOUSES usePAID paidSICK sickLEAVE leaveTO previouslySEARCH accrued.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(6) itsEXCEPT discretion,AS anPROVIDED employerIN maySECTIO8-13.3-405 loan(5)(bFOR paidPAID sickSICK leaveLEAVE toOF anFOUR employeeOR inMORE advanceCONSECUTIVE ofWORK accrualDAYS of,AN paidEMPLOYER sickMAYREQUIREREASONABLEDOCUMENTATIONTHATTHEPAIDSICKLEAVE leaveIS byFOR suchA employee.PURPOSE AUTHORIZED BY THIS PAR4.
K.8-13.3-405.
NothingAdditional 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 policyduring thana outlinedpublic herein,health andemergency.(1) nothingD inURINGAPUBLICHEALTHEMERGENCY this,EACHEMPLOYER articleIN shallTHE beSTATE construedSHALL toSUPPLEMENT preempt,EACH limit,EMPLOYEE orS otherwiseACCRUED affectPAID theSICK applicabilityLEAVE ofAS anyNECESSARY otherTO law,ENSURE regulation,THAT requirement,AN policy,EMPLOYEE orMAY standardTAKE thatTHE providesFOLLOWING forAMOUNTS greaterOF accrualPAID orSICK useLEAVE byFOR employeesTHE ofPURPOSES paidSPECIFIED sickIN leaveSUBSECTION or(3)OF thatTHIS extendsSECTIO: 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.
§(a) 40.1-33.5.F OR EMPLOYEES WHO NORMALLY WORK FORTY OR MORE HOURS IN A WEEK AT LEAST EIGHTY HOURS ;
Use(b) ofFOR paidEMPLOYEES sickWHO leave.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(3) sickAN leaveEMPLOYER shallSHALL bePROVIDE providedITS toEMPLOYEES anTHE employeePAID bySICK anLEAVEREQUIREDINSUBSECTION employer(1)OFTHISSECTIONFORTHEFOLLOWING for:ABSENCES RELATED TO A PUBLIC HEALTH EMERGENCY:
1.(a) AN EMPLOYEE'S NEED T:
An(I) employee'sELFISOLATEANDCAREFORONESELFBECAUSETHEEMPLOYEE mentalIS orDIAGNOSED physicalWITH illness,A injury,COMMUNICABLE orILLNESS healthTHAT condition;IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY ;
an(II) employee'sSELFISOLATE needAND forCARE medicalFOR diagnosis,ONESELF care,BECAUSE orTHE treatmentEMPLOYEE ofIS aEXPERIENCING mentalSYMPTOMS orOF physicalA illness,COMMUNICABLE injury,ILLNESS orTHAT healthIS condition;THE CAUSE OF A PUBLIC HEALTH EMERGENC;
or(III) anSEKOROBTAIN employee'sMEDICALDIAGNOSIS need,CARE forORTREATMENT preventiveIF medicalEXPERIENCING care;SYMPTOMS OF A COMMUNICABLE ILLNESS THAT IS THE CAUSE OF A PUBLIC HEALTH EMERGENCY;
or(IV) 2.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(A) ofI aSELF-ISOLATING familyAFTER memberBEING withDIAGNOSED aWITH mentalA orCOMMUNICABLE physicalILLNESS illness,THAT injury,IS orTHE healthCAUSE condition;OF A PUBLIC HEALTH EMERGENCY ;
care(B) ofIS aSEL-ISOLATING familyDUE memberTO whoEXPERIENCING needsSYMPTOMS medicalOF diagnosis,A care,COMMUNICABLE orILLNESS treatmentTHAT ofIS aTHE mentalCAUSE orOF physicalA illness,PUBLIC injury,HEALTH orEMERGENCY health; condition;
or(C) careN ofEEDS aMEDICAL familyDIAGNOSIS member, whoCARE, needsOR preventiveTREATMENT medicalIF care;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(I) 3.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(c) dueC toARE domesticOF violence,A sexualCHILD assault,OR orOTHER stalking,FAMILY providedMEMBER theWHEN leaveTHE isINDIVIDUALS toCHILD allowCARE thePROVIDER employeeIS toUNAVAILABLE seekDUE orTO obtainA medicalPUBLIC care,-13- mental205 healthHEALTHEMERGENCY care,ORIFTHECHILD counseling,'SORFAMILYMEMBER legal'SSCHOOLOR services,PLACEOFCAREHASBEENCLOSEDBYALOCAL relocation,STATE,ORFEDERALPUBLIC orOFFICIAL securingOR ofAT anTHE existingDISCRETION home,OF orTHE otherSCHOOL victimOR servicesPLACE forOF theCARE employeeDUE orTO theA employee'sPUBLIC familyHEALTH member.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(4)N sickOTWITHSTANDING leaveANY shallOTHER bePROVISION providedIN uponTHIS thePAR4: request of an employee.
Such(a) requestAN mayEMPLOYEE beSHALL madeNOTIFY orally,THE inEMPLOYEES writing,EMPLOYER byOF electronicTHE means,NEED orFOR byPAID anySICK otherLEAVE meansUNDER acceptableTHIS toSECTION theAS employer.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 .
When8-13.3-406. possible, the request shall include the expected duration of the absence.
ofPaid 5 provide notice of the need for such leave to the employer in advance of the use of the paid sick leave andrelated shall make a reasonable effort to scheduleCOVID-19 the- userepeal. of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
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.
AnL. 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.
An116-127. employer that has not provided to an employee based on noncompliance with such a policy.
such(2) noticeONANDAFTERTHEEFFECTIVEDATEOFTHISSECTIONTHROUGH shallD notECEMBER deny31,2020EACHEMPLOYERINTHESTATE paid,REGARDLESSOFSIZE sick, leave-14- to205 theSHALLPROVIDE E.PAIDSICKLEAVE INTHE AMOUNT ANDFORTHE PURPOSES PROVIDED IN THE FEDERAL"EMERGENCY PAIDSICK LEAVE ACT" IN THE "FAMILIES FIRSTCORONAVIRUS RESPONSE A CT", UB.
AnL. 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.
An116-127TO employerEACH shallEMPLOYEE notWHO requireIS anNOT employeeCOVERED toUNDER workTHE an"EMERGENCY alternatePAID shiftSICK toLEAVE makeACT". up for the use of sick leave.
be8-13.3-407. taken in smaller increments.used in hourly increments unless the employer allows paid sick leave to G.
AnEmployeerightsprotected-retaliationprohibited. 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.
Unless(1) otherwiseAN requiredEMPLOYEE byIS law,ENTITLED anT: 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.
For(a) paidUSE sickPAID leaveSICK ofLEAVE threeCONSISTENT orWITH moreTHIS consecutiveP4;T work(b) days,FILE anA employerCOMPLAINT mayOR requireINFORM reasonableANY documentationPERSON thatABOUT theAN paidEMPLOYER sick'S leaveALLEGED hasVIOLATION beenOF usedTHIS forPA4; a purpose for which such leave is requSred to be provided as set forth in subsection A.
For(c) theCOOPERATE useWITH ofTHE paidDIVISION sickIN leaveITS relatedINVESTIGATION toOF subdivisionAN AALLEGED 1VIOLATION orOF 2,THIS documentationPAR4;AND signed(d) byINFORM aANY healthPERSON careOF professionalTHE indicatingPERSON that'S paidPOTENTIAL sickRIGHTS leaveUNDER isTHIS necessaryEshallPART4. be related to subdivision A 3, (i) a police report indicating domestic violence, sexual assault, or stalking;
(ii)(2)(a) aANEMPLOYERSHALLNOT courtTAKERETALIATORYPERSONNEL documentACTION indicatingOR theDISCRIMINATE employeeAGAINST isAN involvedEMPLOYEE inOR legalFORMER actionEMPLOYEE relatedBECAUSE toTHE domesticPERSON violence,HAS sexualEXERCISED assault,, orATTEMPTED stalking;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)THE documentationRIGHT fromTO aPARTICIPATE victimIN servicesAN advocate,INVESTIGATION,HEARING,ORPROCEEDINGORCOOPERATEWITHORASSIST theTHE employee'SDIVISION attorney,IN aITS memberINVESTIGATIONS ofOF theALLEGED clergy,VIOLATIONS orOF aTHIS healthPART care4; professional that the employee is or was receiving services related to domestic violence, sexual assault, or stalking;
orAND (iv)THE anRIGHT employee'sTO writtenINFORM statemUntANY thatPERSON theOF reasonableTHE documentationPERSON forS purposesPOTENTIAL ofRIGHTS thisUNDER subsection.edTHIS inPAR4. subdivision A 3 shall be consideBed § 40.1-33.5:1.
Certain(b) healthIISUNLAWFULFORANEMPLOYERTOCOUNTPAIDSICKLEAVE care-15- workers;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(b) employeeAVIOLATIONCOSTANEMPLOYEETHEEMPLOYEE whoSJOBORPAY (i), isTHE licensed,DETERMINATION registered,MAY orINCLUDE certifiedAN byORDER aTO healthREINSTATE regulatoryTHE boardEMPLOYEE within,TOPAYTHE theEMPLOYEE DepartmentS ofLOST HealthPAYUNTILREINSTATEMENTOR Professions;FORAREASONABLEPERIODIFREINSTATEMENTISDETERMINEDNOTTOBE FEASIBLE,OR BOTH.
(ii)(6)D isETERMINATIONSMADEBYTHEDIVISIONUNDERTHISSECTION employedARE byAPPEALABLE aPURSUANT hospitalTO licensedSECTION by8-4-111.5 theAND DepartmentRULES ofPROMULGATEDBYTHEDEPARTMENTREGARDINGAPPEALSANDSTRATEGIC Health;ENFORCEMENT .
and8-13.3-408. (iii) works, on average, no more than 30 hours per month may waive the right to accrue and Ise employee and the employer.
IfNotice an employee waives his rights in accordance with this subsection, the the employer shall be deemed to haveemployees satisfied- thepenalty provisions- ofrules. this article with respect to such employee.
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.
NotwithstandingTHE theRULES provisionsMUST ofREQUIRE thisTHE article,NOTICE anT: 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;
or(a) (iii)SPECIFY employedTHE byAMOUNT theOF UniversityPAID of(ii)SICK VirginiaLEAVE MedicalTO CenterWHICH orEMPLOYEES VirginiaARE CommonwealthENTITLED UniversityAND HealthTHE SystemTERMS Authority.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.
§(2) 40.1-33.5:2.ANEMPLOYERCOMPLIESWITHTHE NOTICE REQUIREMENTSOF THIS SECTION B:
Notice(a) andSUPPLYING recordkeeping;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(4) Commissioner(a) shallAN promulgateEMPLOYER regulationsWHO forWILLFULLY employeeVIOLATES noticeSUBSECTION and(2)(a)OR(6)OF employerTHIS recordkeeping,SECTION includingIS requirementsSUBJECT forTO employers:A CIVIL FINE NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH SEPARATE VIOLATION .
posting,(b) includingAN theirEMPLOYER rightWHO toWILLFULLY fileVIOLATES aSUBSECTION complaint(2)(b) orOF bringTHIS aSECTION civilIS actionSUBJECT forTO violationsA ofCIVIL thisFINE article;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(5) establishIF andAN maintainEMPLOYER recordkeepingS systemsBUSINESS regardingIS theCLOSED useDUE andTO accrualA ofPUBLIC paidHEALTH sickEMERGENCY leave,OR includingA theDISASTER requirementEMERGENCY toDUE retainTO recordsA forPUBLIC threeHEALTH years;CONCERN ,THE NOTICE AND POSTING REQUIREMENTS OF THIS SECTION ARE WAIVED FOR THE PERIOD DURING WHICH THE PLACE OF BUSINESS IS CLOSE.
and(6) BIANEMPLOYERDOESNOTMAINTAINAPHYSICALWORKPLACE 3., 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 .
To8-13.3-409. 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.
RetaliatoryEmployerrecords.(1) actionAEMPLOYERSHALLRETAIN prohibited.RECORDSFOREACHEMPLOYEEFORATHREE -YEARPERIOD DOCUMENTING HOURSWORKED ,PAIDSICKLEAVE ACCRUED ,ANDPAIDSICKLEAVE USED .
1U A.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(2) employerI shallAN discharge,ISSUE discipline,ARISES threaten,AS discriminateTO against,AN orEMPLO'S penalizeRIGHT anTO employee,PAID orSICK takeLEAVEANDTHEEMPLOYERHASNOTMAINTAINEDORRETAINEDADEQUATE otherRECORDS retaliatoryFOR actionTHAT regardingEMPLOYEE anOR employee'sDOES compensation,NOT terms,ALLOW conditions,THE location,DIVISION orREASONABLE privilegesACCESS ofTO employment,THE becauseRECORDS the, employeeTHE (i)EMPLOYER hasSHALL requestedBE orPRESUMED exercisedTO theHAVE benefitsVIOLATED providedTHIS forPART in4 thisABSENT articleCLEAR or;AND CONVINCINGEVIDENCETODEMONSTRATETHEEMPLOYER 'SCOMPLIANCE .
(ii)8-13.3-410. has alleged a violation of this article;
(iii)Authority hasof participateddirector in- anrulHE investigation,DIRECTOR hearing,MAY orCOORDINATE proceedingIMPLEMENTATION orAND cooperatedENFORCEMENT withOF orTHIS assistedPART the4 CommissionerAND inADOPT investigationsRULES ofAS anyNECESSARY allegedFOR HB348H1SUCH 4PURPOSE. of 5 violation of this article;
or8-13.3-411. (iv) has informed any individual of such individual's potential benefits under this article.
B.Enforcement-judicialreviewofdirector'sactions.
Neither(1) anT employerHE norDIRECTOR anyAND otherTHE personDIVISION shallHAVE interfereJURISDICTION with,OVER restrain,THE orENFORCEMENTOFTHISPART deny4ANDMAYEXERCISEALLPOWERSGRANTED theUNDER exerciseARTICLE of,1OF orTHIS theTITL8TO attemptENFORCE toTHIS exercise,PART4. any benefit provided pursuant to this article.
An(2) employer'sTHEDIVISIONMAYENFORCETHEREQUIREMENTSOFTHISPART absence4. 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.
Protections(3) ofPURSUANT thisTO sectionSECTION8-1-130,ANY shallFINDINGS,AWARDS apply,OR toORDERS anyISSUED personBY whoTHE mistakenlyDIRECTOR butWITH inRESPECT goodTO faithENFORCEMENT allegesOF aTHIS violationPART of4 theCONSTITUTE provisionsFINAL ofAGENCY thisACTION article., AND ANY PERSON AFFECTEDBYSUCHFINALAGENCYACTIONMAYSEEKJUDICIALREVIEWAS PROVIDED IN SECTION24-4-106.
§(4)(a) 40.1-33.6:1.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(b) penalties;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(c) actions.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(f)N CommissionerOTHING shallIN promulgateTHIS regulationsSECTION forPREVENTS implementationAN andAGGRIEVED enforcementPERSON ofFROM thisFILING article.A CHARGE WITH THE DIVISION PURSUANT TO THIS SEC.ION 8-13.3-412.
B.Confidentiality of employee information - definition.
The(1) CommissionerA shallEMPLOYER enforceSHALL theNOT provisionsREQUIRE ofDISCLOSURE thisOF article.DETAILS RELATING TO DOMESTIC VIOLENCE , SEXUAL ASSAULT , OR STALKINGORTHE DETAILSOFANEMPLOYEE 'SORANEMPLOYEE 'SFAMILY MEMBER 'SHEALTHINFORMATIONASACONDITIONOFPROVIDINGPAIDSICK LEAVE UNDER THIS PART4.
In(2) effectuatingA suchNY enforcement,HEALTH theOR CommissionerSAFETY shallINFORMATION establishPOSSESSED aBY systemAN utilizingEMPLOYER multipleREGARDING meansAN ofEMPLOYEE communicationOR toEMPLOYEE receive'S complaintsFAMILY regardingMEMBER noncomplianceMUST with: this article and to investigate complaints received by the Commissioner in a timely manner.
C.(a) BMAINTAINEDONASEPARATEFORMANDINASEPARATEFILE FROM OTHER PERSONNEL INFORMATION ;
Any(b) personBE allegingTREATED aAS violationCONFIDENTIAL ofMEDICAL thisRECORD;AND article(c) shallNOT haveBE theDISCLOSED rightEXCEPT toTO fileTHE aAFFECTED complaintEMPLOYEE withOR the-20- Commissioner205 withinWITH oneTHE yearEXPRESS ofPERMISSION theOF dateTHE theAFFECTED personEMPLOYE. knew or should have known of the alleged violation.
The(3) CommissionerAS shallUSED encourageIN reportingTHIS pursuantSECT,"AFFECTED toEMPLOYEE" thisMEANS sectionTHE byEMPLOYEE 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.
D.(a) ABOUTWHOMTHEHEALTHINFORMATIONPERTAINSORWHOIS THEVICTIMOFTHEDOMESTICABUSE ,SEXUALASSAULT ,ORHARASSMENT ;
UponOR receiving(b) aW complaintHOSE allegingFAMILY aMEMBER violationIS ofTHE thisSUBJECT article,OF theTHE CommissionerHEALTH shallINFORMATION investigateOR suchIS complaintTHE andVICTIM attemptOF toTHE resolveDOMESTIC itABUSE through, mediationSEXUAL betweenASSAULT the,OR complainantHARASSMENT and. the subject of the complaint or other means.
The8-13.3-413. Commissioner shall keep the complainant notified regarding the status of his complaint and any resultant investigation.
IfEmployers theencouraged Commissioner believes that a violation has occurred, he shall issue to theprovide offendingmore persongenerous orpaidsickleave.(1) employerNOTHINGINTHISPART a4DISCOURAGESORPROHIBITS noticeANEMPLOYERFROMADOPTINGORCONTINUINGAPAIDSICKLEAVEPOLICY ofTHATISMOREGENEROUSTHANTHEPAIDSICKLEAVEPOLICYREQUIREDBY violationTHIS andPART4. the relief required of the offending person or entity.
The(2) CommissionerNOTHING shallIN prescribeTHIS thePAR4DIMINISHES: form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.
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(3) CommissionerNOTHING shallIN notifyTHIS anyPART4DIMINISHES employerTHE whoRIGHTS heOF allegesPUBLIC hasEMPLOYEESREGARDINGPAIDSICKLEAVEORTHEUSEOFPAIDSICKLEAVE violatedAS anyPROVIDED provisionIN ofSECTIO24-50-104 this(7). article by certified mail.
Such8-13.3-414. notice shall contain a description of the alleged violation.
WithinOtherlegalrequirementsapplicable.(1) 15TPART days-21- of205 receipt4 ofPROVIDES noticeMINIMUM ofREQUIREMENTS thePERTAINING allegedTO violation,PAID theSICK employerLEAVE mayANDDOESNOTPREEMPT requestLIMIT,OROTHERWISEAFFECTTHEAPPLICABILITY anOFANY informalOTHER conferenceLAW with,REGULATION the,REQUIREMENT Commissioner,POLICYOR regardingSTANDARD suchTHAT violation.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 .
AnyEG. 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.
In67598 determining(2016)IS theCONSIDERED amountPAID ofSICK anyLEAVE civilPROVIDED penaltyUNDER toTHIS bePART4. imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation.
The8-13.3-415. decision of the Commissioner shall be final.
G.Collective bargaining agreements.
The(1ITH Commissioner,AGREEMENT withOF theTHE writtenFUND andTRUSTEES signed,AN consentEMPLOYER ofSIGNATORY anTO employee,A mayMULTIEMPLOYERCOLLECTIVEBARGAININGAGREEMENTMAYFULFILLITS instituteOBLIGATIONS proceedingsUNDER onTHIS behalfPART of4 anBY employeeMAKING toCONTRIBUTIONS enforceTO complianceA withMULTIEMPLOYER thisPAID article,SICK toLEAVE grantFUND,PLAN,OR equitablePROGRAM reliefBASED asON appropriateTHE andHOURS permittedEACH byOF law,ITS andEMPLOYEES toACCRUES collectPURSUANT theTO amountTHIS ofPA4T anyWHILE uncompensatedWORKING sickUNDER leaveTHE thatMULTIEMPLOYER shallCOLLECTIVE beBARGAINING paidAGREEMENT to, thePROVIDED employeeTHAT entitledTHE thereto.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(2) entryEMPLOYEES ofWHO aWORK finalUNDER orderA ofMULTIEMPLOYER theCOLLECTIVE Commissioner,BARGAINING orAGREEMENT uponINTO entryWHICH ofTHEIR aEMPLOYERS judgmentMAKE againstCONTRIBUTIONS theAS employer,PROVIDED theIN CommissionerSUBSECTION(1OF orTHIS theSECTION court-22- shall205 assessMAY attorneyCOLLECT feesFROM ofTHE one-thirdPAID theSICK amountLEAVE setFUND forth,PLAN in,OR thePROGRAM finalBASED orderON orHOURS judgment.THEY HAVE WORKED UNDER THE MULTIEMPLOYER COLLECTIVE BARGAININGAGREEMENT AND FORTHE PURPOSESSPECIFIED UNDER THIS PART4.
H.8-13.3-416.
InEmployer additionpolicies. 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.
SuchAMPLOYER actionPOLICY mayADOPTED beOR broughtRETAINED byMUST aNOT personDIMINISH aggrievedAN byEMPLOYEE'S aRIGHT violationTO ofPAID thisSICK articleLEAVE withoutUNDERTHISPART first4.ANYAGREEMENT filingBYANEMPLOYEE anTOWAIVE administrativeTHE complaint.EMPLOYEE S RIGHTS UNDER THIS PAR4IS VOID AS AGAINST PUBLIC POLICY.
Upon8-13.3-417. 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;
(ii)Severability. twice the amount of any actual damages suffered as the result of an employer's violation of this article;
(iii)INY injunctivePROVISION reliefOF asTHIS appropriatePA4TOR toAPPLICATION restrainTHEREOF continuedTO violationANY ofPERSON thisOR article;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)8-13.3-418. 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;
andEmployer (v)authorized compensationto fortake anydisciplinary lostaction. wages, benefits, and other remuneration, together with interest thereon and reasonable attorney fees and costs.
TheN statuteOTHING ofIN limitationsTHIS forPART a4 civilPROHIBITS actionAN broughtEMPLOYER pursuantFROM toTAKING thisDISCIPLINARYACTIONAGAINSTANEMPLOYEEWHOUSESPAIDSICKLEAVE sectionPROVIDED shallUNDER beTHIS forPART a4 periodFOR ofPURPOSES twoOTHER yearsTHAN fromTHOSE theDESCRIBED dateIN theTHIS allegedPAR4. violation occurred or the date the aggrieved employee knew or should have known of the violation.
I.SECTION 2.
CivilIn penaltiesColorado owedRevised underStatutes, this8-4-101, articleadd shall(14)(a)(IV) beas paidfollows: to the Commissioner for deposit into the general fund.
The8-4-101. Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.
SuchDefinitions. 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.
ThatAs theused provisionsin of this actarticle shall4, becomeunless effectivethe oncontext Januaryotherwise 1,requires: 2025.
H(14) O(a) U"Wages" Sor E"compensation" Umeans: B S T I T U E B H 1
(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.
-24- 205