April 3, 2017
* Indicates update
HB 1 and SB 230- Earned Sick Leave
Key Points of Legislation of both bills:
– Employee DOES NOT include someone under the age of 18 at the beginning of the year.
– Can’t work less than 8 hours/week to be eligible.
– Earned sick applies to 15 or more employees
– 1 hour for every 30 hours employee works
– How number of employees is determined:
– Average monthly number of employees employed by employer during the immediately preceding year, disregarding whether they are full-time, part-time, temporary, or seasonal.
HB 1
– Can only earn 56 hours max per year.
– Can only use 80 hours max per year.
– Cant’ use earned sick leave during the first 90 calendar days or 480 hours.
– Can’t accrue earned sick leave during 2 week period if worked less than 16 hours.
– Can’t accrue earned sick leave during pay period in which employee is paid twice a month AND worked fewer than 17.3 hours in the pay period.
– If employee is rehired within 9 months after leaving employment, employer must reinstate unused earned leave.
*- Senate Amendments: Amended definition of Employee to align with the Senate version of the bill.
*- Employee does not include: Employed by temporary services agency, directly employed by employment agency to provide part-time temp services;
*- Must work 12 hours a week to count as employee;
*- Amended from 56 hours an Employer must allow an employee to earn per year to 40.
*- Amended from being able to use 80 hours of leave per year to 64.
*- 90 days to 106 days.
*- 9 months to 37 weeks.
*- Employer may request verification that sick and safe leave was used appropriately if leave was used for more than 2 consecutive shifts, employee used leave between first 107 and 120 calendar days and employee agreed to provide verification when employee was hired.
*- The Commissioner may waive imposing a civil penalty if the penalty was assessed for a violation that was due to an error caused by a 3rd party payroll service provider with whom the employer in good faith contracted services.
SB 230
– Can’t work less than 12 hours/week to be eligible.
– Can only earn 40 hours max per year.
– Can only use 72 hours max per year.
– Employer does NOT have to pay tipped employee more than minimum wage for earned sick leave.
– Can’t use earned sick during the first 106 days.
– Can’t accrue during 2 week period if worked less than 24 hours.
– Can’t accrue earned sick during pay period in which employee is paid twice a month AND employee worked fewer than 26 hours in the pay period.
– If employee rehired within 37 weeks after leaving employment, employer must reinstate unused earned leave.
*- Employer may request verification that sick and safe leave was used appropriately if leave was used for more than 2 consecutive shifts, employee used leave between first 107 and 120 calendar days and employee agreed to provide verification when employee was hired.
By: Ari M. Plaut, Esq., 410-323-7090
