HB 4002 — Labor: benefits; requirements for an employer to provide earned sick time, modify. Amends title and secs. 2, 3, 4, 5, 6, 7, 8 & 12 of 2018 PA 338 (MCL 408.962 et seq.) & adds sec. 3a.

(ii) A certified midwife.that term as defined in section 101 of the family and medical leave act, 29 USC 2611, and includes a chiropractor as that term is defined in section 16401 of the public health code, 1978 PA 368, MCL 333.16401.

(k) (j) "Retaliatory personnel action" means any of the following:

(ii) (ii) A threat, discharge, Discharge, suspension, demotion, reduction of hours, or other adverse personnelemployment action against an eligible employee or former employee for exercise of a right guaranteed under this act.

(iii) (iii) Sanctions against an employee who is a recipient of GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 public benefits for exercise of a right guaranteed under this act.

(iv)(iii) (iv) Interference with, or punishment for, an individual's eligible employee's participation in any manner in an a department investigation, proceeding, or hearing under this act.

(k)(l) "Sexual"Paid assault"leave" meansincludes, anybut actis thatnot constituteslimited ato, violationpaid ofvacation sectiondays, 520b,paid 520c,personal 520d,days, 520e,paid 520f,sick leave, or 520gpaid oftime theoff. Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, 750.520f, and 750.520g.

(l)(m) (l)(k) "Small"Sexual business"assault" means anany employeract forthat whichconstitutes 10a violation of violates section 520b, 520c, 520d, 520e, 520f, or fewer520g thanof 10the individualsMichigan workpenal forcode, compensation1931 duringPA a328, givenMCL GSS750.520b, H00951'25750.520c, (S-3)_HB4002_APS_1750.520d, n82fuc750.520e, 1750.520f, week.and 750.520g.

In(l) determining"Small thebusiness" numbermeans ofan individualsemployer performing work for compensationwhich duringfewer athan given10 week, all individuals performing work for compensation onduring a full-time,given part-time,week. or temporary basis shall must be counted, including individuals made available to work through the services of a temporary services or staffing agency or similar entity.

AnIn employerdetermining isthe notnumber aof smallindividuals businessperforming ifwork itfor maintainedcompensation 10during ora moregiven thanweek, 10all employeesindividuals onperforming itswork payrollfor duringcompensation anyon 20a full-time, part-time, or moretemporary calendarbasis workweeksshall inbe eithercounted, including individuals made available to work through the currentservices of a temporary services or thestaffing immediatelyagency precedingor calendarsimilar year.entity.

(m)An "Unpaidemployer traineeis not a small business if it maintained 10 or unpaidmore intern"employees meanson anits individualpayroll whoduring receivesany training20 fromor anmore employercalendar workweeks in accordanceeither withthe allcurrent ofor the following:preceding calendar year.

(i) The training the individual receives is similar to the experience provided in a vocational school.

(ii) The training is for the benefit of the individual.

(iii) The individual does not displace the employer's employees, but works under close supervision.

(iv) The employer receives no immediate advantage from the activities of the individual and, on occasion, the employer's operations may be impeded by the individual.

(v) The individual is not entitled to a job at the conclusion of the training.

(vi) The employer and the individual understand that the individual is not entitled to wages for time spent in training.

(1) Each An employer shall provide earned sick time to each of the employer's eligible employees in this state.

(2) (a) Employees Except as otherwise provided in section 12, this subsection, and subsection (4), an employee of a small business shall must accrue a minimum of one 1 hour of paid earned GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 sick time for every 30 hours worked,worked not including hours used as paid time off, but shall may not be entitled to use more than 40 hours of paid earned sick time in a year unless the employer selects a higher limit.

If an employee of a small business accrues more than 40 hours of earned sick time in a calendar year, the employee shall be entitled to use GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 an additional 32 hours of unpaid earned sick time in that year, unless the employer selects a higher limit.

Employees of a small business must be entitled to use paid earned sick time before using unpaid earned sick time.Astime. an alternative to the accrual of paid earned sick time, a small business may provide an employee not less than 40 hours of paid earned sick time at the beginning of a year for immediate use.

Notwithstanding(2) the(b) requirementsAll ofother employees shall accrue Except as otherwise provided in subsection (6),(3), thisan acteligible doesemployee notmust requireaccrue a smallminimum businessof toone do1 anyhour of thepaid followingearned untilsick Octobertime 1,for 2025:every 30 hours worked, but shall not including hours used as paid leave.

(a)An Allowemployer may limit an employeeeligible toemployee's accrueaccrual of paid earned sick time into accordancenot withbe thisentitled subsection.to use more less than 72 hours of paid earned sick time per benefit year.

(b), Provideunless An employer shall allow an eligible employee to carry over unused accrued paid earned sick time from 1 benefit year to ananother employeebenefit asyear, anunless alternativethe toemployer pays the accrualeligible employee the value of the eligible employee's unused accrued paid earned sick time.time at the end of the benefit year.

(c)Unless Calculatethe andemployer trackselects a higher limit, an employee'semployer accrualis ofnot paidrequired earnedto sickallow time.an eligible employee to do either of the following:

(3)(a) (b)Use All Except as otherwise provided in this subsection and subsection (4), all other employees shall must accrue a minimum of one 1 hour of paid earned sick time for every 30 hours worked, not including hours used as paid time off, but shall may not be entitled to use more than 72 hours of paid earned sick time per in a year,benefit unlessyear. the employer selects a higher limit.

As(b) anCarry alternativeover tomore the accrual of paid earned sick time, an employer may provide an employee not less than 72 hours of paid earned sick GSStime H00951'25from (S-3)_HB4002_APS_1 n82fuc 1 timebenefit at the beginning of a year forto immediateanother use.benefit year.

(4)(c) AsEarned ansick alternativetime shall carry over from year to theyear, accrualbut ofa paidsmall earnedbusiness sickis time,not required to permit an employeremployee thatto employsuse amore part-timethan employee40 mayhours provideof paid earned sick time toand the32 part-timehours employeeof atunpaid theearned beginningsick oftime in a yearsingle foryear, immediateand other employers are not required to permit an employee to use inmore accordancethan with72 allhours of thepaid followingearned requirements:sick time in a single year.

(a)(3) TheAs an alternative to subsection (2), an employer providesmay theGSS part-timeH00951'25 employee(H-1)_HB4002_APH_1 withhwodu9 a1 writtenprovide noticenot ofless howthan many72 hours theof part-timepaid employeeearned issick expectedtime to workan foreligible aemployee year at the timebeginning of hire.a benefit year.

(b)For Thean amounteligible ofemployee earnedhired sickafter time provided to the part-time employee at the beginning of thea yearbenefit is,year, atan aemployer minimum,may proportionalprorate topaid the earned sick time that the part-time employee would accrue if the part-time employee worked all of the hours expected as provided inunder thethis writtensubsection. notice.

(c) If thean part-timeemployer employeeprovides workspaid moreearned hourssick thantime whatunder isthis expectedsubsection, as provided in the written notice, the employer mustis providenot therequired part-timeto employeedo witheither additionalof earned sick time in accordance with the accrualfollowing: requirements under this section.

(5)(a) (c)Calculate Earnedand Subjecttrack to the requirementseligible ofemployee's thisaccrual subsection, earned sick time shall carry carries over from year to year, but a small business is not required to permit allow an employee to use more than 40 hours of paid earned sick timetime. and 32 hours of unpaid earned sick time in a single year, and all other employers are not required to permit allow an employee to use more than 72 hours of paid earned sick time in a single year.

An(b) employerAllow shallthe alloweligible an employee to carry over allany of the employee's unused accrued paid earned sick time notprovided tounder exceedthis 72subsection hours or, if the employer is a small business, not to exceedanother 40benefit hoursyear. from 1 year to the next year, unless the employer selects a higher limit.

This(4) act(2) doesEarned notsick GSStime H00951'25as (S-3)_HB4002_APS_1provided n82fucin 1this requiresection anshall employerbegin thatsubsection provides(2) paidbegins earnedto sickaccrue timeon at the beginningeffective date of athis yearlaw, asact, describedor inupon subsectionson (2)commencement toof (4)the toeligible doemployee's anyemployment, ofwhichever theis following:later.

(a)An Alloweligible an employee tomay carryuse overaccrued any unused earned sick time fromas 1it yearis accrued and accounted in the eligible employee's employer's payroll system, except that an employer may require an eligible employee hired after April 1, 2019, February 21, 2025 to wait until the nextninetieth year.calendar day after commencing employment before using accrued earned sick time.

(b)If Calculatea andbenefit trackyear anbegan employee'sbefore accrualthe effective date of paidthe amendatory act that added this sentence and has not ended, earned sick time.time provided to an eligible employee under subsection (2) or (3) before the effective date of the amendatory act that added this sentence may be counted toward an employer's compliance obligations under this act.

(c)(3) PayFor thepurposes employee the value of thesubsection employee's(1), unused"year" accruedshall paidmean earneda sickregular timeand atconsecutive thetwelve-month endperiod, ofas thedetermined yearby inan whichGSS theH00951'25 earned(H-1)_HB4002_APH_1 sickhwodu9 time1 wasemployer. accrued.

(6)(5) (2)(4) EarnedFor purposes of earned sick time asaccrual providedunder in this sectionact, shallsubsection begin(2), beginsan toeligible accrueemployee onwho theis effectiveexempt datefrom overtime requirements under section 13(a)(1) of thisthe law,Fair Labor Standards Act, fair labor standards act, or29 uponUSC commencement213(a)(1), of213, is assumed to work 40 hours in each workweek unless the eligible employee's employment,normal whicheverwork week workweek is later.less than 40 hours, in which case earned sick time accrues based upon on that normal workweek.

(6) (5) An employeeemployer mayother usethan accrueda earnedsmall sickbusiness timeis asin itcompliance iswith accrued,this exceptsection thatif anthe employer mayprovides requireany anpaid employeeleave hiredin afterat Aprilleast 1,not 2019,less than the effectivesame dateamounts ofas thethat 2025provided amendatoryunder this act that amendedmay thisbe sectionused tofor waitthe untilsame thepurposes ninetiethand 120under calendarthe daysame daysconditions afterprovided commencingin employmentthis beforeact usingand that is accrued earnedat sicka time.rate equal to or greater than the rate described in subsections (1) and subsection (2).

(3) For purposes of subsection (1), "year" shall mean a regular and consecutive twelve-month period, as determined by an employer.

(4) For purposes of earned sick time accrual under this act, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), is assumed to work 40 hours in each workweek unless the employee's normal work week is less than 40 hours, in which case earned sick time accrues based upon that normal workweek.

(7) (5) An employer other than a small business is in compliance with this section if the employer provides any meets GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 either of the following conditions:

(a) Provides the employer's employees with paid leave time off in at least not less than the same amounts of time off as that provided under this act that may be used for the same purposes and under the same conditions provided in the purposes described in section 4 or any other purpose.

If an employee uses paid time off as described in this subdivision for the purposes described in section 4, this act and that is accrued at a rate equal to or greater than the rate described in subsections (1) and (2).

For purposes of this subsection, "paid leave" includes but is not limited to paid vacation days, personal days, and paid time off.applies to the use of that paid time off.

This(7) act(6) doesAn not require an employer thatshall providespay paideach timeeligible offemployee asusing describedpaid inearned thissick subdivisiontime toat allowa anpay employeerate equal to usethe paidgreater timeof offeither for the purposesnormal describedhourly inwage sectionor 4base inwage anfor amount that exceedseligible theemployee. amounts of time off provided under this act.

(b)or The employer is a signatory to a collective bargaining agreement that requires contributions to a multiemployer plan as that term is defined in section 3 of subtitle A of title I of the employeeminimum retirementwage incomeestablished security act of 1974, 29 USC 1002, that may be used under the sameworkforce conditionsopportunity aswage provided for under this GSS H00951'25 (S-3)_HB4002_APS_1(H-1)_HB4002_APH_1 n82fuchwodu9 1 act, in2014 anPA amount138, equalMCL to408.411 or greater than what is required to be408.424, providedbut undernot thisless act,than andthe thatminimum accrueswage at a rate equalestablished toin orsection greater4 thanof the rateworkforce describedopportunity inwage subsectionsact, (2)2014 andPA (3).138, MCL 408.414.

ThisFor actany doesemployee notwhose requirehourly awage multiemployervaries plandepending thaton providesthe benefitswork performed, the "normal hourly wage" means the average hourly wage of the employee in accordancethe withpay thisperiod actimmediately prior to the pay accruedperiod paidin sickwhich leavethe benefitsemployee ifused anpaid earned sick time.An employer doesis not remit required contributions to include overtime pay, holiday pay, bonuses, commissions, supplemental pay, piece-rate pay, tips, or gratuities in the plan.calculation of an eligible employee's normal hourly wage or base wage.

If(8) an(7) An employer doesshall not makerequire requiredan contributionseligible employee to thesearch multiemployerfor planor assecure provideda inreplacement thisworker subdivision,as thea employercondition isfor notusing consideredearned tosick betime. in compliance with the employer's obligations under this act.

(8) (6) An employer shall pay each employee using paid earned sick time at a pay rate equal to the greater of either the normal hourly wage or base wage for that employee or the minimum wage established under the improved workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424, 2018 PA 337, MCL 408.931 to 408.945, but not less than the minimum wage rate established in section 4 of the improved workforce opportunity wage act, 2014 PA 138, MCL 408.414.

For any employee whose hourly wage varies depending on the work performed, the "normal hourly wage" means the average hourly wage of the employee in the pay period immediately prior to the pay period in which the employee used paid earned sick time.2018 PA 337, MCL 408.934.

This act does not require an employer to include overtime pay, holiday pay, bonuses, commissions, supplemental pay, piece-rate pay, tips, or gratuities in the calculation of an employee's normal hourly wage or base wage.

(9) (7) An employer shall not require an employee to search for or secure a replacement worker as a condition for using earned sick time.

GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 (10) For purposes of subsections (2) to (5), "year" means a regular and consecutive 12-month period, as determined by an employer.

(11) For purposes of earned sick time accrual under this act, all of the following apply:

(a) An employee who is exempt from overtime requirements under section 13(a)(1) of the fair labor standards act, 29 USC 213, is assumed to work 40 hours in each workweek unless the employee's normal workweek is less than 40 hours, in which case earned sick time accrues based on that normal workweek.

(b) An employee who is covered under 29 CFR 825.801 is assumed to have worked not less than 40 hours in each workweek or is assumed to have worked not less than 30 hours if employed by a small business.

3a.

An employer that makes contributions to a multiemployer plan as described in section 3(7)(b) shall not require an employee to wait until 120 calendar days after commencing employment with that employer before using unused accrued earned sick time and nonforfeited paid sick leave benefits that were earned as a result of past service for a different employer that also made contributions to the same multiemployer plan or any paid sick leave benefits earned by working under the collective bargaining agreement for that employer.

Contributions required under the collective bargaining agreement or other employment agreement for the paid sick leave plan are due on the same schedule as the other fringe benefit funds or plans to which the signatory employer must contribute.

Sec.

(1) An employer shall permit allow an eligible employee to use the earned sick time accrued or provided under section 3 for any of GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 the followingfollowing: purposes:

(a) The eligible employee's mental or physical illness, injury, or health condition;condition, ;

a medical diagnosis, care, or treatment of the eligible employee's mental or physical illness, injury, or health condition;condition, ;

or preventative medical care for the eligible employee.

(b) For the The eligible employee's family member's mental or physical illness, injury, or health condition, ;

a medical diagnosis, care, or treatment of the eligible employee's family member's mental or physical illness, injury, or health conditioncondition, ;

or preventative medical care for a family member of the eligible employee.

(c) If the eligible employee or the eligible employee's family GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 member is a victim of domestic violence or sexual assault, for the medical care or psychological or other counseling for physical or psychological injury or disability, ;

(d) For meetings at a child's school or place of care related to the child's health or disability, or the effects of domestic violence or sexual assault on the child.child, if the child is a family member.

or (e) For closure of the eligible employee's place of business by order of a public official due to a public health emergency, ;

for an eligible employee's need to care for a child who is a family member whose school or place of care has been closed by order of a public official due to a public health emergency, ;

or when if it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or eligible employee's family member's presence in the community would jeopardize the health of others because of the GSSeligible H00951'25employee's (S-3)_HB4002_APS_1or n82fuceligible 1 employee's or family member's exposure to a communicable disease, whether or not the eligible employee or eligible employee's family member has actually contracted the communicable disease.

(2) If the employee's need to use earned sick time is foreseeable, an employer may require advance notice, not to exceed 7 days prior to before the date the earned sick time is to begin, of the intention to use the earned sick time.

(3) If the employee's need for the earned sick time is not foreseeable, an employer,employer may require GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 the employee to give notice of the intention as soon as practicable.An eligible employee shall, when requesting to use earned sick time, comply with the eligible employee's employer's usual and customary notice, procedure, and documentation requirements for requesting or using sick time or leave to the extent the policy is provided in eitherwriting ofin the followingemployer's manners:employee handbook or other employee benefits document.

(a)An Asemployer soonmay astake practicable.disciplinary personnel action against an eligible employee if either of the following conditions is met:

(b)(a) InThe accordanceeligible employee fails to comply with the employer's policyusual relatedand tocustomary notice, procedure, and documentation requirements for requesting or using sick time or leaveleave. if both of the following are met:

(i)(b) OnThe theeligible dateemployee ofis theabsent employee'sfrom hire,work onfor thea effectiveperiod date of the3 2025 amendatory act that added this subparagraph, or onmore theconsecutive dateworkdays thatwithout thecontacting employer's policy takes effect, whichever is latest, the employer providesin the employee with a writtenmanner copy of the policy that includesis proceduresacceptable forto how the employeeemployer. must provide notice.

(ii)(3) TheEarned employer'ssick noticetime requirementmay allowsmust be used in the employeesmaller toof providehourly notice1-hour afterincrements or the employeesmallest isincrement awarethat ofunless the needemployer's payroll system uses to account for absences of use of other time.employer has a different increment policy that is provided in writing in the earnedemployer's sickemployee time.handbook or other employee benefits document.

(4) AnIf employerearned that requires notice for sick time thatalso isqualifies notas foreseeableleave under subsectionany (3)(b)of shallthe notfollowing denylaws, an employee'semployer usemay ofrequire the earned sick time thatbe istaken notconcurrently foreseeablewith ifthe eitherleave oftaken under the followingapplicable conditionslaw: applies:

(a) The employerfamily didand notmedical provideleave aact writtenof policy1993, to29 theUSC employee2601 asto required2654. under subsection (3)(b)(i).

GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 (b) TheTitle employerI madeof a change to the writtenAmericans policywith anddisabilities didact notof provide1990, notice42 ofUSC the12111 change to the12117. employee within 5 days after the change.

(5)(c) (3)Any Earnedother sickapplicable timefederal may be used in the smaller of hourly 1-hour increments or thestate smallestlaw. increment that the employer's payroll system employer uses to account for absences of use of other time.

(6)GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 (5) (4) For earned sick time of more than 3 consecutive days, an employer may require reasonable documentation or a certification that meets the requirements under section 2613 of the family and medical leave act, 29 USC 2613, that supports that the earned sick time has been used for a purpose described in subsection (1).

Upon the employer's request, the eligible employee must provide the documentation to the employer in a timely manner.

Documentation signed by a health care professional indicating provider that indicates that earned sick time is necessary is reasonable documentation for purposes of this subsection.

In cases of domestic violence or sexual assault, one any1 of the following types of documentation selected by the eligible employee shall be areis considered reasonable documentation:

(a) a A police report indicating that indicates that the eligible employee or the eligible employee's family member was a victim of domestic violence or sexual assault.

(b) a A signed statement from a victim and witness advocate affirming that affirms that the eligible employee or eligible employee's family member is receiving services from a victim services organization.

or (c) a A court document indicating that indicates that the eligible employee or eligible employee's family member is involved in legal action related to domestic violence or sexual assault.

(6) An Unless an eligible employee's use of earned sick time runs concurrently with leave covered under the family and medical leave act, 29 USC 2601 to 2654, and the employer requires a certification in accordance with section 2613 of the family and GSS H00951'25 (S-3)_HB4002_APS_1(H-1)_HB4002_APH_1 n82fuchwodu9 1 (7)medical Anleave act, 29 USC 2613, an employer shall not require that the documentation explain the nature of the illness or the details of the violence.

If an employer chooses to require documentation for earned sick time, the employer is responsible for paying all out-of-pocket expenses the employee incurs in the cost of obtaining the documentation.

(8)(7) (5) An employer shall not require disclosure of details relating to domestic violence or sexual assault or the details of an eligible employee's or an eligible employee's family member's medical condition as a condition of providing earned sick time under this act.

If an employer possesses health information or information pertaining to domestic violence or sexual assault about an eligible employee or eligible employee's family member, the employer shall treat that information as confidential and shall not disclose that information except to the affected eligible employee or with the permission of the affected employee.eligible employee or as otherwise required by law.

(9)(8) (6) This act does not require an employer to provide earned sick time for any purposes other than as described in this section.

(1) If an eligible employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the eligible employee shall retain retains all earned sick time that was accrued at the prior division, entity, or location and may use all the accrued earned sick time as provided in section 4.

If an eligible employee separates from employment and GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 is rehired by the same employer within 6 not more than 26 months of after the separation, the employer shall reinstate previously accrued, unused earned sick GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 time and shall permit allow the reinstated eligible employee to use that earned sick time and accrue additional earned sick time upon on reinstatement.

This subsection does not apply if an employer pays an eligible employee the value of the eligible employee's unused accrued earned sick time at the time of a transfer or separation.

(2) If a different employer succeeds or takes the place of an existing employer, the successor employer assumes the responsibility for the earned sick time rights that eligible employees who remain employed by the successor employer accrued under the original employer.

Those eligible employees are entitled to use earned sick time previously accrued on the terms provided in this act.

This subsection does not apply if an employer pays an eligible employee the value of the eligible employee's unused accrued earned sick time at the time of a succession.

(3) This act does not require an employer to provide financial or other reimbursement to an eligible employee for accrued earned sick time that was not used upon the eligible employee's termination, resignation, retirement, or other separation from employment.

Rights protected by under this act include, but are not limited to, the right to use earneddo sick time pursuant to under this act, the right to file a complaint or inform any person about any employer's alleged violation of this act, the right to cooperate with the department in its the department's investigations of alleged violations of this act, and the right to GSS H00951'25 (S-3)_HB4002_APS_1(H-1)_HB4002_APH_1 n82fuchwodu9 1 informfollowing: any person of his or her the person's rights under this act.

(3)(a) AnUse employer's absence control policy shall must not treat earned sick time takenpursuant under this act as an absence that may lead to or result in retaliatoryaccordance personnelwith action.this act.

(4), Thethe protectionsright into thisfile section(b) applyFile toa anycomplaint personwith whothe thatdepartment mistakenlyor butinform inany goodperson faithabout allegesany aemployer's alleged violation of this section.act.

, the right to cooperate (c) Cooperate with the department in its investigations of alleged violations of this act.

, and the right to inform (d) Inform any person of his or her the person's rights under this act.

(3) An employer's absence control policy shall not treat earned sick time taken under this act as an absence that may lead to or result in retaliatory personnel action.

(4) The protections in this section apply to any person who mistakenly but in good faith alleges a violation of this section.

(5) An employer may take adverse personnel action against an employee if the employee uses earned sick time for a purpose other than a purpose described in section 4, or violates the notice requirements under this act.

(1) If an employer violates this act, the eligible employee affected by the violation, at any time within not latermore GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 than 3 years after the violation, or the date when the employee knew of the violation, whichever is later, may do any of the following:

rehiring or GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 reinstatement to the employee's previous job;

(b) File file a claim complaint with the department.

Filing a claim with the department is neither a prerequisite nor a bar to bringing a civil action.action.complaint.

In effectuating such enforcement,the enforcingenforcement, this act, the director shall establish do both of the following:

(3) (b) Any person alleging that alleges a violation of this chapter shall have act has the right to file a complaint with the department.

The department shall encourage reporting pursuant to under this subsection section by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the eligible employee or person reporting the GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 violation.

, provided, however, that with the authorization of such person, However, if the person provides authorization to the department, the department may disclose his or her the person'seligible employee's name and identifying information as necessary to enforce this chapter act or for other appropriate purposes.

GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 (4) (c) Upon receiving a complaint alleging that alleges a violation of this chapter, act, the department shall investigate such the complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint, or other means.

The department shall keep complainants athe complainant notified regarding the status of their the complainant's complaint and any resultant investigation.

The department shall prescribe the form and wording of such the notices of violation including any method of appealing to appeal the decision of the department.

(5) (d) The department shall have the power to may impose penalties and to grant an eligible employee or former eligible employee all appropriate relief, including but not limited to,to which may include payment of all earned sick time improperly withheld, any and all direct damages incurred by the complaint complainant as the result of violation of this act, and back pay,pay and reinstatement in the case of job loss.

(6) (3) If the director determines that there is reasonable cause to believe that an employer violated this act and the department is subsequently unable to obtain voluntary compliance by the employer within a reasonable time, the department shall may bring a civil action as provided in subsection (1)(a) on behalf of the eligible employee.

The department may investigate and file a GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 civil action under subsection (1)(a) on behalf of all eligible employees of that employer who are similarly situated at the same work sitesite. and who have not brought a civil action under subsection (1)(a).

Aand worksite.who have not brought a civil action under subsection (1)(a).

A Except as otherwise provided underin section 12, a contract or agreement between the employer and the eligible employee or any acceptance by the GSSeligible H00951'25 (S-3)_HB4002_APS_1 n82fuc 1 employee of a paid or unpaid leave policy that provides fewer rights or benefits than provided by this act is void and unenforceable.

(7) (4) In addition to liability for civil remedies described in this section, an employer who that fails to provide earned sick time in violation of this act or that takes retaliatory personnel action against an employee or former employee is subject to a civil fine of not more than $1,000.00$1,000.00. for each violation.

(8) In(5) additionAn to liability for civil remedies described in this section, an employer that failswillfully toviolates providea earnednotice sickor timeposting torequirement an employee in violation of thissection act8 is subject to a civil fine of not more than 8$100.00 timesfor theeach employee'sseparate normalviolation. hourly wage.

(9) (5) An employer that willfully violates a notice or posting requirement of section 8 is subject to a civil fine of not more than $100.00 for each separate violation.

(1) An employer subject to this act shall provide written notice to each eligible employee at the time of hiring or by April 1, 2019, notFebruary later21, than2025, 30 days the effective date of the 2025 amendatory act that amended this section, whichever is later, including, but not limited to, that includes, at a minimum, all of the following:

(a) The amount of earned sick time required to be provided to an eligible employee under this act.

(b) The employer's choice of how to calculate a "year" year according to subsection 3 of as that term is defined under section 3.3.benefit year.

(d) That retaliatory personnel action taken by the employer against an eligible employee for requesting or using earned sick time for which the eligible employee is eligible is prohibited.

GSS H00951'25 (S-3)_HB4002_APS_1(H-1)_HB4002_APH_1 n82fuchwodu9 1 (e) The eligible employee's right to bring a civil action or file a complaint with the department for any a violation of this act.

(2) The notice required under subsection (1) shall must be in English,English , Spanish, and any language that is the first language predominantly spoken by at least 10% of the employer's workforce, as long as if the department has translated the notice into such that language.

(3) An employer shall display a poster at the employer's place of business, in a conspicuous place that is accessible to eligible employees, that contains the information in subsection (1).

The poster displayed should must be in English,English , Spanish, and any language that is the first language predominantly spoken by at least not less than 10% of the employer's workforce, as long as if the department has translated the poster into such that language.

The department shall provide such the notices and posters in English, Spanish, and any other languages language deemed considered appropriate by the department.

10.

An employer shall retain for not less than 3 years records documenting that document the hours worked and earned sick time taken by eligible employees.

To monitor compliance with the requirements of this act, an employer shall allow the department access to those records, with appropriate notice and at a mutually agreeable time.

If a question arises as to whether an employer has violated an eligible employee's right to earned sick time under this act and the employer does not maintain or retain adequate GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 1 records documenting that document the hours worked and earned sick time taken by the eligible employee or does not allow the department reasonable access to those records, there is a presumption that the employer has violated the act, which can be rebutted only by clear and convincing evidence.

Sec.

11.

(1) This act provides minimum requirements pertaining to earned sick time and shall must not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard, including a collective bargaining agreement, that provides for greater accrual or use of time off, whether paid or unpaid, or that extends other protections to eligible employees.

(2) This act does not do any of the following:

(a) Prohibit an employer from providing more earned sick time or paid leave than is required under this act.

(b) Diminish any rights provided to any eligible employee under a collective bargaining agreement.

(c) Subject to section 12, preempt or override the terms of any collective bargaining agreement in effect prior to before the effective date of this act.

(d) Prohibit an employer from establishing a policy that permits an eligible employee to donate unused accrued earned sick time to another eligible employee.

Sec.

(1) If an employer's eligible employees are covered by a collective bargaining agreement in effect on the effective date of this act and the collective bargaining agreement conflicts with this act, this act applies beginning on the stated expiration date in the collective bargaining agreement, notwithstanding any statement in the agreement that it continues in force until a future date or event or the execution of a new collective GSS H00951'25 (H-1)_HB4002_APH_1 hwodu9 bargaining agreement.

(2)Final IfPage an employer's employee is covered by a contract, not including an employer policy signed by the employee, and all of the GSS H00951'25 (S-3)_HB4002_APS_1(H-1)_HB4002_APH_1 n82fuchwodu9 1 following requirements are satisfied, this act applies beginning on the stated expiration date in the contract, notwithstanding any statement in the contract that the contract continues in force until a future date or event or the execution of a new contract:

(a) The employer and employee signed the contract on or before December 31, 2024.

(b) The contract is effective for not longer than 3 years.

(c) The contract conflicts with this act.

(d) The employer notifies the department of the contract.

(3) If a small business did not employ an employee on or before February 21, 2022, the small employer is not required to comply with this act until 3 years after the date that the employer first employs an employee.

Enacting section 1.

This amendatory act takes effect on February 21, 2025 at 12:02 a.m.

Final Page GSS H00951'25 (S-3)_HB4002_APS_1 n82fuc