Georgia 2025-2026 Regular Session

Georgia House Bill HB312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 55 0361
2	2	House Bill 312
3	3	By: Representatives Schofield of the 63
4	4	rd
5	5	, Scott of the 76
6	6	th
7	7	, McClain of the 109
8	8	th
9	9	, and Davis
10	10	of the 87
11	11	th
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated,
16	16	1
17	17	relating to employment security benefits, so as to allow applicants for benefits to obtain their2
18	18	personnel files when their claims are contested by their former employers; to provide for3
19	19	definitions; to require the Department of Labor to modify the separation notice; to sanction4
20	20	employers who fail to timely deliver personnel files; to prohibit the admissibility of certain5
21	21	separation notices; to require the Commissioner of Labor to enact rules or regulations; to6
22	22	provide for related matters; to provide for a short title; to provide for an effective date; to7
23	23	repeal conflicting laws; and for other purposes.8
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
25	25	SECTION 1.10
26	26	This Act shall be known and may be cited as the "Employee Empowerment and11
27	27	Transparency Act."12
28	28	SECTION 2.13
29	29	Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to14
30	30	employment security benefits, is amended by adding a new Code section to read as follows:15
31	31	H. B. 312
32	32	- 1 - 25 LC 55 0361
33	33	"34-8-200.16
34	34	(a) As used in this Code section, the term:17
35	35	(1) 'Claimant' means a separated employee whose employer that separated him or her18
36	36	from employment is a contesting employer.19
37	37	(2) 'Contesting employer' means an employer that has indicated on a separation notice20
38	38	that it contends that the separated employee cannot establish the existence of any of the21
39	39	statutory grounds set forth in subparagraph (B) of paragraph (2) of Code22
40	40	Section 34-8-194.23
41	41	(3) 'Contesting employer's representative' means the individual who signed the separation24
42	42	notice on behalf of the contesting employer.25
43	43	(4) 'Deficiency notice' means a claimant's written notice contending that the personnel26
44	44	file that is the subject of the written demand was not timely delivered.27
45	45	(5) 'Mailing address' means a street or route address or post office box address.28
46	46	(6) 'Personnel file' means:29
47	47	(A) The entire unredacted personnel or employment record made or kept by a30
48	48	contesting employer relating to a claimant, including, but not limited to, records31
49	49	required to be maintained under Code Section 34-2-11, in addition to records relating32
50	50	to hiring, promotion, demotion, transfer, layoff, separation, and termination; or33
51	51	(B) A portion of such personnel or employment record made or kept by the contesting34
52	52	employer when a written demand requests such designated portion of the personnel or35
53	53	employment record.36
54	54	Such term shall not include any documents separately maintained by an employer in a37
55	55	medical file.38
56	56	(7) 'Proof of delivery' means documentary proof that a contesting employer has sent the39
57	57	claimant's personnel file via the delivery method specified in the written demand.40
58	58	(8) 'Proof of payment' means a copy of a money order receipt, bank transaction, or41
59	59	confirmation of a payment by credit card or debit card.42
60	60	H. B. 312
61	61	- 2 - 25 LC 55 0361
62	62	(9) 'Separated employee' means an employee who is separated from employment43
63	63	whether voluntarily or involuntarily.44
64	64	(10) 'Separation notice' means the form that must be completed pursuant to45
65	65	subsection (c) of Code Section 34-8-190 for each employee who leaves an employer's46
66	66	employment regardless of the reason for separation. Such term shall not include any47
67	67	forms that are completed for reasons of partial unemployment or mass separation.48
68	68	(11) 'Signed writing' means either an email with the claimant's name in the body of the49
69	69	email or a paper document with the claimant's signature affixed thereto.50
70	70	(12) 'Statutory fee' means payment in the form of a money order, bank transaction, debit51
71	71	card, or credit card in the amount of $30.00 when a claimant requests delivery of his or52
72	72	her personnel file via electronic means and $40.00 when a claimant requests delivery of53
73	73	his or her personnel file to a mailing address.54
74	74	(13) 'Written demand' means a signed writing by the claimant that demands a copy of the55
75	75	claimant's personnel file as designated by the claimant and that specifies the method of56
76	76	delivery.57
77	77	(b) Any claimant separated from employment on and after October 1, 2025, shall be58
78	78	entitled to receive from the contesting employer a copy of his or her personnel file.59
79	79	(c) No later than September 30, 2025, the department shall modify the separation notice60
80	80	to include:61
81	81	(1) A section where an employer can indicate whether it contends that the separated62
82	82	employee can or cannot establish the existence of any of the statutory grounds set forth63
83	83	in subparagraph (B) of paragraph (2) of Code Section 34-8-194; and64
84	84	(2) An obvious notation that a separated employee is entitled to demand delivery of his65
85	85	or her personnel file pursuant to this Code section if the employer has indicated on the66
86	86	separation form that it contends that the separated employee cannot establish the67
87	87	existence of any of the statutory grounds set forth in subparagraph (B) of paragraph (2)68
88	88	H. B. 312
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90	90	of Code Section 34-8-194. Such notation shall advise the separated employee of the69
91	91	deadline established in subsection (e) of this Code section.70
92	92	(d) On and after October 1, 2025, a separated employee shall be deemed to have71
93	93	established the existence of one or more of the statutory grounds set forth in72
94	94	subparagraph (B) of paragraph (2) of Code Section 34-8-194 if the completed separation73
95	95	notice relating to the separated employee does not indicate that the employer contends that74
96	96	the separated employee cannot establish the existence of any such statutory grounds.75
97	97	(e) To be entitled to receive his or her personnel file from a contesting employer, a76
98	98	claimant shall send a written demand to the contesting employer's representative. Such77
99	99	written demand shall be sent no later than ten calendar days after the claimant's receipt of78
100	100	the separation notice.79
101	101	(f) The written demand shall:80
102	102	(1) Indicate whether the claimant desires to receive his or her personnel file in electronic81
103	103	format via email or in paper format via delivery to a mailing address; and82
104	104	(2) Include the applicable statutory fee.83
105	105	(g) Within five business days of receiving a written demand and the applicable statutory84
106	106	fee, a contesting employer shall be required to deliver the claimant's personnel file via the85
107	107	delivery method specified in the written demand and to maintain such proof of delivery.86
108	108	(h) A claimant who contends that a contesting employer failed to timely deliver his or her87
109	109	personnel file shall simultaneously send a deficiency notice to the contesting employer's88
110	110	representative and to the department no later than 14 calendar days after the date on which89
111	111	the personnel file was required to be delivered. The deficiency notice shall include proof90
112	112	of payment. A failure to timely and simultaneously send a deficiency notice to the91
113	113	contesting employer's representative and the department or a failure to include proof of92
114	114	payment shall extinguish a claimant's ability under this Code section to obtain his or her93
115	115	personnel file.94
116	116	H. B. 312
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118	118	(i) Within seven business days of receiving a deficiency notice, the contesting employer95
119	119	shall be required to provide proof of delivery to the claimant and to the department. The96
120	120	date of receipt of the deficiency notice shall be deemed to be three business days after the97
121	121	date the claimant sends a copy of the deficiency notice to the contesting employer's98
122	122	representative whether by email or mail.99
123	123	(j) Provided that a claimant's deficiency notice complies with subsection (h) of this Code100
124	124	section, a contesting employer shall, in connection with a claim for benefits filed by the101
125	125	claimant, be prohibited from applying for reconsideration of the initial determination of102
126	126	benefits pursuant to Code Section 34-8-192 or otherwise appealing a determination that the103
127	127	claimant is entitled to benefits if the contesting employer:104
128	128	(1) Fails to produce proof of delivery by the deadline specified in subsection (i) of this105
129	129	Code section; or106
130	130	(2) Proof of delivery establishes that the contesting employer failed to deliver to the107
131	131	claimant the personnel file within the time period established in subsection (g) of this108
132	132	Code section.109
133	133	(k) A separation notice indicating that an employer contends that a separated employee can110
134	134	establish one or more of the statutory grounds set forth in subparagraph (B) of111
135	135	paragraph (2) of Code Section 34-8-194 shall not be admissible against the employer in any112
136	136	proceeding before a court of this state or the United States or before any local, state, or113
137	137	federal administrative agency, other than a proceeding instituted under this chapter.114
138	138	(l) The Commissioner shall promulgate rules and regulations necessary to implement and115
139	139	effectuate the provisions of this Code section."116
140	140	SECTION 3.117
141	141	This Act shall become effective upon its approval by the Governor or upon its becoming law118
142	142	without such approval.119
143	143	H. B. 312
144	144	- 5 - 25 LC 55 0361
145	145	SECTION 4.
146	146	120
147	147	All laws and parts of laws in conflict with this Act are repealed.121
148	148	H. B. 312
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