Sponsored by Representative Jenkins, HB 1313 states that an employee of an employer that employs more than four and fewer than 250 full-time equivalents must accrue at least one hour of leave for every 40 hours worked. An employee of an employer that employs 250 or more full-time equivalents must accrue at least one hour of leave for every 30 hours worked. An employee may use accrued sick and safe leave beginning 180 days after the start of his or her employment. An employer must compensate an employee who uses sick and safe leave at the same hourly rate and with the same benefits as would have been earned during the time the leave is taken. Sick leave may be used for an absence resulting from an employee’s mental and physical illness, injury, or health condition or need for diagnosis or preventive care; or to allow the employee to provide care for a family member. An employee may use safe leave when the place of business has been closed by order of a public official to limit exposure to an infectious agent, biological toxin, or hazardous material; to care for a child whose school or place of care has been closed for these reasons; or in when the employee or a family member is the victim of domestic violence, sexual assault, or stalking. An employee may not use sick or safe leave until 24 months after the hire date of the employer’s first employee.
If the leave is foreseeable, the employee must make a reasonable effort to schedule the leave in a manner that is not unduly disruptive to the employer, make the request in writing, and make the request at least 10 days in advance. An employer may require documentation for use of more than three consecutive days of sick or safe leave. An employer must provide at the time wages are paid information in writing stating an updated amount of sick and safe leave available to each employee. Retaliation against employees who request use of sick or safe leave is prohibited.
Substitute bill: The substitute bill strikes the specification that the “year” for purposes of determining the employer tier and accruing and carrying over leave is a “calendar” year. In addition, the substitute bill adds the provision allowing employers to front load leave.
