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2020 SESSION
SB 481 Employees; earned sick leave, civil penalties.
Introduced by: Barbara A. Favola | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Earned paid sick time. Requires public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill prohibits employers from taking certain retaliatory actions against employees related to leave and authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2021, and incorporates SB 1069.
FULL TEXT
- 01/07/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104341D pdf | impact statement
- 02/03/20 Senate: Committee substitute printed 20106951D-S1 pdf | impact statement
- 02/11/20 Senate: Printed as engrossed 20106951D-ES1 pdf | impact statement
- 03/03/20 Senate: Conference substitute printed 20109431D-S2 pdf | impact statement
AMENDMENTS
- House committee, floor amendments and substitutes offered
- House amendments adopted
- House amendments engrossed
- House amendments not adopted
- Senate amendments
- Conference amendments
HISTORY
- 01/07/20 Senate: Prefiled and ordered printed; offered 01/08/20 20104341D
- 01/07/20 Senate: Referred to Committee on Commerce and Labor
- 02/03/20 Senate: Reported from Commerce and Labor with substitute (12-Y 3-N)
- 02/03/20 Senate: Incorporates SB1069 (Barker)
- 02/03/20 Senate: Committee substitute printed 20106951D-S1
- 02/03/20 Senate: Rereferred to Finance and Appropriations
- 02/06/20 Senate: Reported from Finance and Appropriations with amendment (11-Y 5-N)
- 02/10/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/11/20 Senate: Read second time
- 02/11/20 Senate: Reading of substitute waived
- 02/11/20 Senate: Committee substitute agreed to 20106951D-S1
- 02/11/20 Senate: Reading of amendment waived
- 02/11/20 Senate: Committee amendment agreed to
- 02/11/20 Senate: Engrossed by Senate - committee substitute with amendment SB481ES1
- 02/11/20 Senate: Printed as engrossed 20106951D-ES1
- 02/11/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/20 Senate: Passed Senate (23-Y 17-N)
- 02/19/20 House: Placed on Calendar
- 02/19/20 House: Read first time
- 02/19/20 House: Referred to Committee on Labor and Commerce
- 02/20/20 House: Reported from Labor and Commerce with amendments (13-Y 9-N)
- 02/20/20 House: Referred to Committee on Appropriations
- 02/21/20 House: Reported from Appropriations with amendment (12-Y 10-N)
- 02/25/20 House: Read second time
- 02/26/20 House: Read third time
- 02/26/20 House: Committee on Labor and Commerce amendments #'s 1-7 and #'s 10-13 agreed to
- 02/26/20 House: Committee on Labor and Commerce amendments # 8 and 9 rejected
- 02/26/20 House: Committee on Appropriations amendment agreed to
- 02/26/20 House: Amendments by Delegate Guzman agreed to
- 02/26/20 House: Pending question ordered
- 02/26/20 House: Engrossed by House as amended
- 02/26/20 House: Passed House with amendments (52-Y 48-N)
- 02/26/20 House: VOTE: Passage (52-Y 48-N)
- 02/26/20 Senate: House amendments rejected by Senate (0-Y 40-N)
- 02/26/20 House: House insisted on amendments
- 02/26/20 House: House requested conference committee
- 02/26/20 Senate: Senate acceded to request (40-Y 0-N)
- 02/27/20 Senate: Conferees appointed by Senate
- 02/27/20 Senate: Senators: Favola, Bell, Stuart
- 02/27/20 House: Conferees appointed by House
- 02/27/20 House: Delegates: Simon, Krizek, Campbell, R.R.
- 03/03/20 Conference: Amended by conference committee
- 03/03/20 Senate: Conference substitute printed 20109431D-S2
- 03/04/20 Senate: Passed by temporarily
- 03/04/20 Senate: Passed by for the day
- 03/04/20 House: Passed by for the day
- 03/05/20 House: Conference report agreed to by House (52-Y 45-N)
- 03/05/20 House: VOTE: Adoption (52-Y 45-N)
- 03/08/20 Senate: Passed by temporarily
- 03/12/20 Senate: No further action taken
- 03/12/20 Senate: Failed to pass in Senate