HB 20 — HEALTHY WORKPLACES ACT

h"family ,member" t,means G.an employee's spouse or domestic partner or a person related to an employee or an employee's spouse or domestic partner as:

"family(1) member"a meansbiological, anadopted employee's spouse or efoster uchild, ga estepchild bor llegal domesticward, partner or a personchild related to anwhom the employee orstands anin eloco eparentis; h n d d i = = o h employee's spouse or domestic partner as:

l ] b ,d i a º e (1) a biological, adopted or foster child, a r i = r t e w d stepchild or legal ward, or a child to whom the employee stands m a n o d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 4 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 in loco parentis;

(5) a biological, foster, step or adopted HJC/HLVMC/HB 20/a Page 2 sibling;

"health care professional" means a person licensed pursuant to federal or state law to provide health care services, including nurses, nurse practitioners, physician h assistants, doctors and emergency room personnel;

g o SJCº I.

"public"independent healthcontractor" emergency" means a tperson hrwho gagrees eto declarationdo orcertain proclamationwork issuedwhere pursuantthe toperson federal,who stateengages ithe kcontractor hmay rdirect ithe sresult orto localbe lawaccomplished ofbut andoes emergencynot relatedhave the right to acontrol riskthe ormanner threatin towhich hthe ,details t,of publicthe health;work are to be performed;

and»SJCand eJ. u g e b l SJCº I.

"independent contractor" means a person who e e h n d d i = = o h agrees to do certain work where the person who engages the l ] b ,d i a º e contractor may direct the result to be accomplished but does r i = r t e w d not have the right to control the manner in which the details m a n o d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 5 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 of the work are to be performed;

and»SJC J.

"Retaliation" includes interference with or HJC/HLVMC/HB 20/a Page 3 punishment for participating in an investigation, proceeding or hearing pursuant to the Healthy Workplaces Act.

SECTION SJCº3. 4.»SJC SJCº3.»SJC [NEW MATERIAL] EARNED SICK LEAVE--USE AND ACCRUAL.-- A.

EARNED SICK LEAVE--USE AND ACCRUAL.-- A.

provided that h u » r employers may choose a higher accrual rate;

and provided t h g e further that an employer may instead elect to grant employees l i h r the full sixty-four hours of earned sick leave for the upcoming i s h , e h year on January 1 of each year or, for employees whose t u g e b l employment begins after January 1 of a given year, a pro rata e e , gh n d d i portion of the sixty-four hours for use in the remainder of = = o h l ] b ,d i a º r that year.

Such employees shall not be entitled to use more e r = t e w d than sixty-four hours of earned sick leave per twelve-month mperiod, aunless nthe oemployer dselects ma :higher limit.

b r e t º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 6 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 period, unless the employer selects a higher limit.

(1) earned sick leave as provided in the Healthy Workplaces Act shall begin to accrue upon Hfl1º the latter of»Hfl1of commencement of the employee's employment Hfl1º or the effective date of the Healthy Workplaces Act»Hfl1Act and may be used beginning on the STBTCºlatter Hfl1ºsixtieth day after the effective date of the Healthy Workplaces Act;»Hfl1»STBTC STBTCº Hfl1ºsixtieth day after that date;»Hfl1»STBTC STBTCº STBTCºsixtieth day after the effective date of the Healthy Workplaces Act;»STBTC»STBTC STBTCºlatter of those dates;»STBTCdates; (2) employees who are exempt from overtime requirements pursuant to the federal Fair Labor Standards Act of 1938, 29 U.S.C.

Section(2) 213(a)(1),employees shallwho beare assumedexempt tofrom workovertime hrequirements fortypursuant hoursto inthe eachfederal workFair weekLabor forStandards theAct purposes of earned1938, sick29 gU.S.C. o leave accrual unless their normal work week is less than forty t hr g e hours, in which case earned sick leave accrues based on their i k h r i s normal work week;

hSection ,213(a)(1), t, (3) accrued unused earned sick leave shall ebe uassumed g e b l carry over from year to year,HJC/HLVMC/HB but20/a anPage employer4 iswork notforty requiredhours ein eeach hwork nweek dfor dthe ipurposes =of =earned osick hleave toaccrual permitunless antheir employeenormal towork useweek moreis less than sixty-fourforty hourshours, in awhich lcase ]earned bsick ,dleave iaccrues abased ºon etheir twelve-monthnormal period;work week;

r(3) iaccrued =unused rearned tsick eleave wshall dcarry (4)over nothingfrom inyear thisto sectionyear, shallbut bean construedemployer mis anot nrequired oto dpermit man :employee to use more than sixty-four hours in a twelve-month period;

b(4) enothing din sthis ºsection oshall tbe nconstrued = .220106.2AIC March 19, 2021 (9:44am) s k m e - 7 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 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 earned sick leave that has not been used;

STBTCºHJC/HLVMC/HB and»STBTC20/a hPage 5 (6) when a different employer succeeds or g o takes the place of an existing employer, all employees of the t hr g e original employer who remain employed by the successor employer i k h r i s are entitled to all earned sick leave accrued when employed by h , t, the original employer and are entitled to use all earned sick e u g e b l leave previously accrued Sfl1º as provided in this section»Sfl1section; e e h n d d i STBTCº .»STBTC STBTCº;»STBTC = = o h l ] b ,d i a º e STBTCº (7) for purposes of this subsection, an r i = r t e w d employer may choose any one of the following methods for m a n o d m :

b(7) efor dpurposes sof ºthis osubsection, tan nemployer =may .220106.2AICchoose Marchany 19,one 2021of (9:44am)the sfollowing kmethods mfor e - 8 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 determining the twelve-month period in which the earned sick leave may be used:

and (8) for purposes of this subsection, "year to year" shall run concurrently with the twelve-month period elected by the employer.»STBTCemployer. C.

C.

hHJC/HLVMC/HB 20/a Page 6 (1) for the employee's:

g o (a) mental or physical illness, injury t hr g e i k or health condition;

h r i s (b) medical diagnosis, care or treatment h , t, of a mental or physical illness, injury or health condition;

or e u g e b l e e h (c) preventive medical care;

n d d i = = o h (2) for care of family members of the employee l ] b ,d i a º e for:

r i = r t e w d (a) mental or physical illness, injury m a n o d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 9 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 or health condition;

(2) for care of family members of the employee for:

(a) mental or physical illness, injury or health condition;

(b) medical diagnosis, care or treatment of a mental or physical illness, injury or health condition;

or (c) preventive medical care;

HJC/HLVMC/HB 20/a Page 7 (c) prepare for or participate in legal proceedings;

or h (d) obtain services or assist a family g o member of the employee with any of the activities set forth in t hr g e Subparagraphs (a) through (c) of this paragraph.

i k h r i s D.

Earned sick leave shall be provided upon the h , t, oral or written request of an employee or an individual acting e u g e b l on the employee's behalf.

When possible, the request shall e e h n d d i include the expected duration of the sick leave absence.

= = o h l ] b ,d i a º e E.

When the use of earned sick leave is rforeseeable, ithe =employee rshall tmake ea wreasonable deffort foreseeable,to provide oral or written notice of the employeeneed for such sick leave to the employer in advance of the use of the earned sick leave and shall make a Hfl1ºreasonable goodeffort faith»Hfl1to mschedule the use of earned sick leave in a nmanner othat ddoes mnot :unduly disrupt the operations of the employer.

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 10 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 Hfl1ºreasonable»Hfl1 effort to provide oral or written notice of the need for such sick leave to the employer in advance of the use of the earned sick leave and shall make a reasonable effort to schedule the use of earned sick leave in a manner that does not unduly disrupt the operations of the employer.

Earned sick leave may be used in the smaller of HJC/HLVMC/HB 20/a Page 8 hourly increments or the smallest increment that the employer's payroll system uses to account for absences or use of other time.

An employer shall not require an employee to use h u » r other paid leave before the employee uses sick leave pursuant t h g e to the Healthy Workplaces Act.

l i h r I.

An employer's failure to provide earned sick i s h , e h leave based on the employer's misclassification of the employee t u g e b l as an independent contractor is a violation of the Healthy e e , gh n d d i Workplaces Act.

= = o h l ] b ,d i a º r SJCº SECTION 5.4.

[NEWMORE MATERIAL]GENEROUS SUPPLEMENTALEARNED SICK LEAVE DURINGPOLICY.--An eemployer rwith =a tpaid etime woff dpolicy Athat PUBLICmakes HEALTHavailable EMERGENCY.--an mamount aof nearned osick dleave msufficient :to meet the accrual requirements of the Healthy Workplaces Act and that may be used for at minimum the same purposes and under the same terms and conditions as that act is deemed to be in compliance with that act.

bHowever, ron ethe teffective ºdate oof tthe nHealthy =Workplaces .220106.2AICAct, Marchthe 19,sick 2021leave (9:44am)required sby kthat mact eshall -be 11in -addition eto any paid time off provided by an employer pursuant to a ncollective ebargaining dagreement runless ethat lpaid utime [off Aprovided dmay HJC/HLVMC/HBbe 20used A.for the same purposes and under the same terms and conditions as the Healthy Workplaces Act.

InSECTION addition5. to the accrued earned sick leave provided pursuant to Section 4 of the Healthy Workplaces Act, on the date a public health emergency is declared, an employer SJCºHfl1ºin a geographic area subject to the declaration»Hfl1»SJC shall provide supplemental paid sick leave for absences due to the circumstances listed in Subsection E of this section.

SuchDOCUMENTATION.-- supplementalA. paid sick leave shall be provided in the following amounts at a minimum:

(1)Documentation eightyshall hoursnot be required for sick HJC/HLVMC/HB 20/a Page 9 leave, except an employeeemployer whomay normallyrequire worksreasonable fortydocumentation that sick leave has been used for a covered purpose if the employee uses two or more hoursconsecutive inwork adays week;of sick leave.

or (2) the number of hours the employee works on average in a fourteen-day period for an employee who normally works fewer than forty hours in a week.

TheDocumentation supplementalsigned paidby sicka leavehealth providedcare pursuantprofessional toindicating Subsectionthe Aamount of thisearned sectionsick leave taken is necessary shall be theconsidered entiretyreasonable ofdocumentation supplementalfor paid sick leave requiredtaken pursuant to the h Healthy Workplaces ActAct. for a public health emergency regardless u » r of whether the public health emergency is subsequently amended, t h g e extended or renewed.

lIn icases hof rdomestic iabuse, ssexual C.assault or stalking, an employee may choose to provide one of the following types of documentation, which shall be considered as reasonable documentation:

If a publicpolice healthreport, emergencya wascourt-issued declareddocument beforeor ha ,signed estatement hfrom anda remainsvictim inservices effectorganization, onclergy themember, effectiveattorney, dateadvocate, of the Healthyemployee, ta ufamily gmember eof bthe lemployee Workplacesor Act,other supplementalperson paidaffirming that the sick leave requiredwas pursuanttaken efor eone ,of gh n d d i = = o h to this section shall be provided to employees SJCºHfl1ºin a l ] b ,d i a º r geographic area subject to the declaration»Hfl1»SJCpurposes onset theforth ein rParagraph =(4) tof eSubsection wC dof mSection a3 n o effective date of the Healthy Workplaces Act.

d m :

b r e t º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 12 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 D.

An employer may count an employee's unused accrued earned sick leave pursuant to Section 4 of the Healthy Workplaces Act toward the supplemental paid sick leave required in Subsection A of this section.

An employee may use supplemental paid sick leave provided pursuant to this section until four weeks after the official termination of a public health emergency.

E.

Supplemental paid sick leave provided pursuant to this section shall be available to an employee for absences due to:

(1) care, testing or treatment of the employee or a family member to whom the employee provides care as a consequence of being diagnosed with, experiencing symptoms of or exposure to a communicable illness or transmittable condition that is related to a public health emergency;

(2) self-isolation by the employee or a family h member to whom the employee provides care as a consequence of g o being diagnosed with, experiencing symptoms of or exposure to a t hr g e i k communicable illness or transmittable condition that is related h r i s to a public health emergency;

h , t, (3) the pursuit of preventive care for the e u g e b l e e h employee or a family member to whom the employee provides care n d d i = = o h for a communicable illness that is related to a public health l ] b ,d i a º e emergency;

r i = r t e w d m a n o (4) compliance with a determination by the d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 13 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 employer or a local, state or federal public official or health authority having jurisdiction over the location of work for the employee or a family member to whom the employee provides care that:

(a) the place of employment is closed;

(b) the individual's presence on the job or in the community would jeopardize the health of others due to exposure to a communicable illness or transmittable condition related to a public health emergency;

or (c) the individual is exhibiting symptoms of a communicable illness or transmittable condition related to a public health emergency, regardless of whether the individual has been diagnosed with the communicable illness;

(5) care of a family member when that individual's:

(a) care provider is unavailable due to h a public health emergency;

or g o (b) school or place of care has been t hr g e i k physically closed due to a public health emergency, whether or h r i s not the school or place of care is providing instruction or h , t, services remotely;

or e u g e b l e e h (6) an inability to work due to a health n d d i = = o h condition that may increase the risk posed by a communicable l ] b ,d i a º e illness that is related to a public health emergency.

r i = r t e w d m a n o F.

An employee shall notify the employee's employer d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 14 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 of the need to use supplemental paid sick leave pursuant to this section as soon as practicable when the need for the leave is foreseeable and the employer's place of business has not been closed.

G.

Documentation shall not be required to take supplemental paid sick leave provided pursuant to this section.»SJC SHPACº SECTION 6.

[NEW MATERIAL] MORE GENEROUS EARNED SICK LEAVE POLICY.--An employer with an earned sick leave policy that provides sick leave separate from other forms of paid time off, and who makes available an amount of earned sick leave sufficient to meet the accrual requirements of the Healthy Workplaces Act that may be used for the same purposes and under the same conditions as earned sick leave under that act, is not required to provide additional earned sick leave.

However, the sick leave required by the Healthy Workplaces Act h is in addition to any paid time off provided by an employer u » r SHPACºHfl1ºpursuant to a collective bargaining t h g e agreement»Hfl1»SHPAC that may be used for any purpose other l i h r i s than those specified in that act.»SHPAC h , e h SHPACº SECTION SJCº6.»SJC SJCº4.»SJC [NEW MATERIAL] t u g e b l MORE GENEROUS EARNED SICK LEAVE POLICY.--An employer with a e e , gh n d d i = = o h paid time off policy that makes available an amount of earned l ] b ,d i a º r sick leave sufficient to meet the accrual requirements of the e r = t e w d m a n o Healthy Workplaces Act and that may be used for at minimum the d m :

b r e t º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 15 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 same purposes and under the same terms and conditions as that act is deemed to be in compliance with that act.

However, on the effective date of the Healthy Workplaces Act, the sick leave required by that act shall be in addition to any paid time off provided by an employer pursuant to a collective bargaining agreement unless that paid time off provided may be used for the same purposes and under the same terms and conditions as the Healthy Workplaces Act.»SHPAC SECTION SJCº 7.»SJC SJCº5.»SJC [NEW MATERIAL] DOCUMENTATION.-- A.

Documentation shall not be required for sick leave, except an employer may require reasonable documentation that sick leave has been used for a covered purpose if the employee uses Hfl1º three»Hfl1 Hfl1ºtwo»Hfl1 or more consecutive work days of sick leave.

B.

Documentation signed by a health care h professional indicating the amount of earned sick leave taken g o is necessary shall be considered reasonable documentation for t hr g e i k sick leave taken pursuant to the Healthy Workplaces Act.

In h r i s cases of domestic abuse, sexual assault or stalking, an h , t, employee may choose to provide one of the following types of e u g e b l documentation, which shall be considered as reasonable e e h n d d i = = o h documentation:

a police report, a court-issued document or a l ] b ,d i a º e signed statement from a victim services organization, clergy r i = r t e w d member, attorney, advocate, the employee, a family member of m a n o d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 16 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 the employee or other person affirming that the sick leave was taken for one of the purposes set forth in Paragraph (4) of Subsection C of Section SJCº4»SJC SJCº3»SJC of the Healthy Workplaces Act.

Sfl1º C.

If an employer chooses to require documentation for the purpose of the use of earned sick leave, the employer shall pay the cost of any verification by a health care professional that is not covered by insurance or other benefit plan.»Sfl1 Sfl1º D.»Sfl1 Sfl1ºC.»Sfl1 An employee shall provide documentation upon request to the employer in a timely h manner.

The employer HJC/HLVMC/HB 20/a Page 10 shall not delay the commencement of g o earned sick leave on the basis that the employer has not yet t hr g e received documentation.

iD. k h r i s Sfl1º E.»Sfl1 Sfl1ºD.»Sfl1 All information an h , t, employer obtains related to an employee's reasons for taking e u g e b l sick leave shall be treated as confidential and not disclosed e e h n d d i = = o h except with the permission of the employee or as necessary for l ] b ,d i a º e validation purposes for insurance disability claims, r i = r t e w d accommodations consistent with the federal Americans with m a n o d m :

bAll einformation dan semployer ºobtains orelated tto nan =employee's .220106.2AICreasons Marchfor 19,taking 2021sick (9:44am)leave sshall kbe mtreated eas -confidential 17and -not edisclosed aexcept nwith ethe dpermission rof ethe lemployee uor [as Anecessary dfor HJC/HLVMC/HBvalidation 20purposes for insurance disability claims, accommodations consistent with the federal Americans with Disabilities Act of 1990, as required by the Healthy Workplaces Act or by court order.

SECTION SJCº8.»SJC6. SJCº6.»SJC [NEW MATERIAL] NOTICE AND POSTING REQUIREMENTS.-- A.

NOTICE AND POSTING REQUIREMENTS.-- A.

(5) the employee's right to file a complaint with the division if earned sick leave as required pursuant to h the Healthy Workplaces Act is denied by the employer or if the g o employee is retaliated against;

and tHJC/HLVMC/HB hr20/a gPage e11 (6) all means of enforcing violations of the i k h r i s Healthy Workplaces Act.

h , t, B.

Notice required pursuant to Subsection A of this e u g e b l section shall be in English, Spanish or any language that is e e h n d d i the first language spoken by at least ten percent of the = = o h l ] b ,d i a º e employer's workforce, as requested by the employee.

r i = r t e w d C.

Employers shall display a poster that contains mthe information required pursuant to Subsection A of this section in a nconspicuous oand daccessible mplace :in each establishment where employees are employed.

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 18 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 the information required pursuant to Subsection A of this section in a conspicuous and accessible place in each establishment where employees are employed.

SECTION SJCº7. 9.»SJC SJCº7.»SJC [NEW MATERIAL] EMPLOYER SHALL RETAIN DOCUMENTATION.--Employers shall retain for the immediately preceding forty-eight-month period records documenting hours worked by employees and earned sick leave h taken by employees.

gEMPLOYER oSHALL SECTIONRETAIN SJCºDOCUMENTATION.--Employers 10.»SJCshall SJCº8.»SJCretain [NEWfor MATERIAL]the EXERCISEimmediately tpreceding hrforty-eight-month gperiod erecords OFdocumenting RIGHTShours PROTECTED--RETALIATIONworked PROHIBITED.--by iemployees kand hearned rsick ileave staken A.by employees.

AnSECTION employer8. shall not take or threaten any h , t, adverse action whatsoever against an employee:

eEXERCISE uOF gRIGHTS ePROTECTED--RETALIATION bPROHIBITED.-- lHJC/HLVMC/HB (1)20/a thatPage is12 reasonablyA. likely to deter such e e h n d d i employee from exercising or attempting to exercise a right = = o h l ] b ,d i a º e granted pursuant to the Healthy Workplaces Act;

orAn remployer ishall =not rtake tor ethreaten wany dadverse (2)action becausewhatsoever theagainst an employee:

m(1) that is reasonably likely to deter such employee from exercising or attempting to exercise a nright ogranted dpursuant mto :the Healthy Workplaces Act;

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 19 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 (a) has exercised or attempted(2) tobecause exercisethe suchemployee: rights;

(b)(a) has SJCºinexercised goodor faith»SJCattempted SJCºto reasonably»SJCexercise allegedsuch violationsrights; of the Healthy Workplaces Act;

(b) has reasonably alleged violations of the Healthy Workplaces Act;

An employer's attempt to impose such a contract, agreement or policy shall constitute an adverse action h enforceable pursuant to the Healthy Workplaces Act.

g o C.

An employer shall not count use of sick leave in t hr g e a way that will lead to discipline, discharge, demotion, i k h r i s non-promotion, less favorable scheduling, reduction of hours, hHJC/HLVMC/HB ,20/a t,Page 13 suspension or any other adverse action.

e u g e b l SECTION SJCº9. 11.»SJC SJCº9.»SJC [NEW MATERIAL] e e h n d d i ENFORCEMENT.-- = = o h l ] b ,d i a º e A.

TheENFORCEMENT.-- divisionA. shall be authorized to coordinate r i = r t e w d implementation and enforcement of the Healthy Workplaces Act m a n o d m :

bThe edivision dshall sbe ºauthorized oto tcoordinate nimplementation =and .220106.2AICenforcement Marchof 19,the 2021Healthy (9:44am)Workplaces sAct k m e - 20 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 and shall promulgate appropriate rules to implement that act.

The division shall maintain as confidential the h identity of any complainant unless disclosure of such g o complainant's identity is necessary for resolution of the t hr g e investigation or otherwise required by law.

The division i k h r i s shall, prior to such disclosure and to the extent practicable, h , t, notify a complainant that the division will be disclosingHJC/HLVMC/HB the20/a ePage u14 gdisclosing ethe b l complainant's identity.

e e h n d d i SECTION SJCº10. 12.»SJC SJCº10.»SJC [NEW MATERIAL] CIVIL = = o h l ] b ,d i a º e ACTIONS--TIME LIMITS--BURDENS OF PROOF.-- r i = r t e w d A.

ACIVIL civilACTIONS--TIME actionLIMITS--BURDENS mayOF bePROOF.-- filedA. in a court of m a n o d m :

bA ecivil daction smay ºbe ofiled tin n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 21 - e a ncourt eof d r e l u [ A d HJC/HLVMC/HB 20 competent jurisdiction for a violation of the Healthy Workplaces Act within three years from the date the alleged violation occurred;

Sfl1ºA An investigation by the division shall not be required to file a civil action, and»Sfl1 Sfl1ºa»Sfl1 Sfl1ºA»Sfl1 lack of an investigation by the division shall not act as a bar to a civil action brought by a complainant pursuant to the Healthy Workplaces Act.

A civil action to enforce any provision of the Healthy Workplaces Act may be filed without first filing an h administrative complaint with the division and may:

g o (1) encompass all violations that occurred t hr g e Sfl1º after the effective date of the Healthy Workplaces iAct k h r i s Act»Sfl1 as part of a continuing course of conduct, regardless h , t, of the date on which the violations occurred;

eHJC/HLVMC/HB u20/a gPage e15 b l (2) be pursued by an employee on behalf of the e e h n d d i = = o h employee or be pursued by an employee ofon behalf of other l ] b ,d i a º e employees similarly situated;

or r i = r t e w d (3) be pursued by an agent or representative mdesignated aby nan oemployee. d m :

b e d s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 22 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 designated by an employee.

(1) when an employee presents a prima facie showing of retaliation, the employer shall then have the burden to establish a legitimate, non-retaliatory reason for the adverse employment action Sfl2º ;»Sfl2 Sfl2ºand»Sfl2 (2) when an employer meets the burden of proof required by Paragraph (1) of this subsection, the employee shall then have the burden to establish that the reason cited by the employer was Sfl2º not the reason for the adverse h employment action;

and»Sfl2and Sfl2ºpretextual.»Sfl2(2) g o Sfl2º (3) when itan isemployer establishedmeets that the tburden hrof gproof erequired adverse employment action was motivated by aParagraph combination(1) of ithis ksubsection, h r i s both lawful and unlawful reasons, the employeremployee shall then have the h , t, burden to demonstrateestablish that the actionreason wouldcited haveby been taken e u g e b l even in the absenceemployer ofwas thepretextual. unlawful reason.»Sfl2 e e h n d d i = = o h SECTION SJCº 13.»SJC SJCº11.»SJC [NEW MATERIAL] EMPLOYER l ] b ,d i a º e LIABILITY.-- r i = r t e w d A.

AnSECTION employer11. that violates the Healthy Workplaces m a n o d m :

bEMPLOYER eLIABILITY.-- dA. s º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 23 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 Act shall be liable to the affected employee:

(1)An foremployer anthat instanceviolates of sick leave taken by an employee but unlawfully not compensated by the employer,Healthy inWorkplaces anAct amountshall equalbe liable to three times the wagesaffected thatemployee: should have been paid or Sfl1º one thousand dollars ($1,000)»Sfl1 Sfl1ºfive hundred dollars ($500)»Sfl1 , whichever is greater;

(2)(1) for an instance of sick leave requestedtaken by an employee but unlawfully denied by the employer and not takencompensated by the employeeemployer, orHJC/HLVMC/HB unlawfully20/a conditionedPage on16 searching for or finding a replacement worker, in an amount equal to actualthree damagestimes orthe Sfl1ºwages onethat thousandshould dollarshave ($1,000)»Sfl1been Sfl1ºfivepaid or five hundred dollars ($500)»Sfl1($500), , whichever is greater;

(3)(2) for eachan instance of retaliationsick prohibitedleave requested by thean Healthyemployee Workplacesbut Actunlawfully exceptingdenied dischargeby fromthe employment,employer inand annot amounttaken equalby tothe actualemployee damages,or includingunlawfully backconditioned pay,on wagessearching for or benefitsfinding lost,a anreplacement additionalworker, hin an amount ofequal Sfl1ºto fiveactual hundreddamages dollarsor ($500)»Sfl1five Sfl1ºtwo g o hundred fifty dollars ($250)»Sfl1($500), andwhichever equitableis reliefgreater; such as t hr g e rescission of disciplinary measures taken by the employer or i k h r i s other relief as determined by a court of law;

h(3) , t, (4) for each instance of retaliation prohibited dischargeby ethe uHealthy gWorkplaces eAct bexcepting ldischarge from employment, in an amount equal to actual damages, e e h n d d i = = o h including back pay, wages or benefits lost, an additional l ] b ,d i a º e amount of Sfl1ºtwo onehundred thousandfifty dollars ($1,000)»Sfl1($250) Sfl1ºfiveand requitable irelief =such ras trescission eof wdisciplinary dmeasures hundredtaken dollarsby ($500)»Sfl1the andemployer reinstatement or other mrelief aas ndetermined oby da mcourt :of law;

b(4) efor deach sinstance ºof oprohibited tdischarge nfrom =employment, .220106.2AICin Marchan 19,amount 2021equal (9:44am)to sactual kdamages, mincluding eback -pay, 24wages -or ebenefits alost, nan eadditional damount rof efive lhundred udollars [($500) Aand dreinstatement HJC/HLVMC/HBor 20other equitable relief as determined by a court of law;

(5) for each willful notice or recordkeeping violation, Sfl1ºfivetwo hundred dollars ($500)»Sfl1 Sfl1ºtwo hundred fifty dollars ($250)»Sfl1($250); ;

and (6) for each misclassification of an HJC/HLVMC/HB 20/a Page 17 employee as an independent contractor, actual damages or Sfl1ºonefive thousand dollars ($1,000)»Sfl1 Sfl1ºfive hundred dollars ($500)»Sfl1($500), , whichever is greater.

SECTION SJCº12. 14.»SJC SJCº12.»SJC [NEW MATERIAL] OTHER h LEGAL REQUIREMENTS.-- The Healthy Workplaces Act provides g o minimum requirements pertaining to earned sick leave and shall t hr g e not be construed to preempt, limit or otherwise affect the i k h r i s applicability of any other law, regulation, requirement, policy h , t, or standard, including collective bargaining agreements, that e u g e b l provides for greater accrual or use by employees of earned sick e e h n d d i = = o h leave, whether paid or unpaid, or that extends other l ] b ,d i a º e protections to employees.

rOTHER iLEGAL =REQUIREMENTS.--The rHealthy tWorkplaces eAct wprovides dminimum SJCºrequirements SECTIONpertaining 15.to earned sick leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard, including collective bargaining agreements, that provides for greater accrual or use by employees of earned sick leave, whether paid or unpaid, or that extends other protections to employees.

SEVERABILITY.--IfSECTION any13. part or m a n o d m :

bEFFECTIVE eDATE.--The deffective sdate º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e - 25 - e a n e d r e l u [ A d HJC/HLVMC/HB 20 application of the provisions of thethis Healthyact Workplaces Act is heldJuly invalid,1, the2022. remainder or its application to other situations or persons shall not be affected.»SJC SHPACº Hfl1ºSECTION 16.

EMERGENCY.--ItHJC/HLVMC/HB is20/a necessaryPage for18 the25 public peace, health and safety that this act take effect immediately.»Hfl1»SHPAC SHPACº SHPACºSECTION 16.

EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.»SHPAC»SHPAC SHPACº SECTION SJCº16.»SJC SJCº13.»SJC EFFECTIVE DATE.- -The effective date of the provisions of this act is July 1, 2022.»SHPAC - 26 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .220106.2AIC March 19, 2021 (9:44am) s k m e e a n e d r e l u [ A d