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AN ACT relating to leave from employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 337.415 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Crime" means an offense designated by law as a felony or misdemeanor; 5
(b) "Immediate family" means the parent, stepparent, child, stepchild, sibling, 6
spouse, grandparent, or legal guardian of the victim or any person involved 7
in an intimate relationship and residing in the same household with the 8
victim; and 9
(c) "Victim" means any person who suffers direct or threatened physical, 10
emotional, psychological, or financial harm as a result of the commission 11
or the attempted commission of a crime. "Victim'' also includes the 12
immediate family of any victim who is a minor or who is incompetent, or 13
the immediate family of a homicide victim. 14
(2) No employer shall discharge an employee for taking time off, as required by law, to 15
appear in any duly constituted local, state or federal court or duly constituted 16
administrative tribunal or hearing[ if such employee, prior to taking such time off, 17
gives notice to the employer that he is required to serve by presenting a copy of the 18
court or administrative certificate to said employer]. 19
(3) An employer shall not discharge or in any manner discriminate or retaliate 20
against an employee who is a victim of a crime because the employee takes leave 21
from work to attend court or other legal or investigative proceedings associated 22
with the prosecution of the crime. 23
(4) Before an employee may take leave from work pursuant to this section, the 24
employee shall give the employer reasonable notice of intent to take leave by 25
providing the employer with a copy of the notice of each scheduled hearing, 26
conference, or meeting that is provided to the employee by the court or agency 27 UNOFFICIAL COPY 22 RS BR 178
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responsible for providing notice to the employee unless such prior notice is not 1
practicable, in which case the employee shall provide documentation to the 2
employer within two (2) business days after returning to work. 3
(5) If an employee follows the provisions listed in subsection (4) of this section, it 4
shall be a violation of this section for an employer to deny leave to the employee. 5
(6) An employee who takes leave from work pursuant to this section may elect to use, 6
or an employer may require the employee to use, the employee's accrued vacation 7
time, personal leave time, compensatory time, or sick leave time. An employer 8
shall have the discretion to determine whether to pay an employee for leave taken 9
from work pursuant to this section if the employee has no accrued paid leave 10
time. 11
(7) An employer shall maintain the confidentiality of any verbal communication, 12
written document, or record submitted by an employee relative to the employee's 13
request for leave pursuant to this section. 14
(8) Any employer who willfully and intentionally violates subsection (3) or (7) of this 15
section shall, in addition to being assessed a civil penalty, give rise to a private 16
right of action for any reputational or actual damages suffered by the employee. 17
(9) The penalty for such unlawful discharge may include, but is not limited to, 18
reemployment, assessment of court costs, appropriate attorney fees, and back pay as 19
ordered by a court of competent jurisdiction. 20
Section 2. KRS 337.990 is amended to read as follows: 21
The following civil penalties shall be imposed, in accordance with the provisions in KRS 22
336.985, for violations of the provisions of this chapter: 23
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 24
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 25
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 26
wages when due him under KRS 337.020 shall constitute a separate offense. 27 UNOFFICIAL COPY 22 RS BR 178
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(2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not 1
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 2
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not 3
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 4
for each offense and shall make full payment to the employee by reason of the 5
violation. Each failure to pay an employee the wages as required by KRS 337.055 6
shall constitute a separate offense. 7
(4) Any employer who violates KRS 337.060 shall be assessed a civil penalty of not 8
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 9
and shall also be liable to the affected employee for the amount withheld, plus 10
interest at the rate of ten percent (10%) per annum. 11
(5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil 12
penalty of not less than one hundred dollars ($100) nor more than one thousand 13
dollars ($1,000) for each offense and shall make full payment to the employee by 14
reason of the violation. 15
(6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty 16
of not less than one hundred dollars ($100) nor more than one thousand dollars 17
($1,000) for each offense and each day that the failure continues shall be deemed a 18
separate offense. 19
(7) Any employer who violates any provision of KRS 337.275 to 337.325, KRS 20
337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the 21
commissioner or the commissioner's authorized representative in the performance 22
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 23
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 24
make any record or transcription thereof accessible to the commissioner or the 25
commissioner's authorized representative shall be assessed a civil penalty of not less 26
than one hundred dollars ($100) nor more than one thousand dollars ($1,000). A 27 UNOFFICIAL COPY 22 RS BR 178
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civil penalty of not less than one thousand dollars ($1,000) shall be assessed for any 1
subsequent violation of KRS 337.285(4) to (9) and each day the employer violates 2
KRS 337.285(4) to (9) shall constitute a separate offense and penalty. 3
(8) Any employer who pays or agrees to pay wages at a rate less than the rate applicable 4
under KRS 337.275 and 337.285, or any wage order issued pursuant thereto shall be 5
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 6
one thousand dollars ($1,000). 7
(9) Any employer who discharges or in any other manner discriminates against any 8
employee because the employee has made any complaint to his or her employer, to 9
the commissioner, or to the commissioner's authorized representative that he or she 10
has not been paid wages in accordance with KRS 337.275 and 337.285 or 11
regulations issued thereunder, or because the employee has caused to be instituted 12
or is about to cause to be instituted any proceeding under or related to KRS 13
337.385, or because the employee has testified or is about to testify in any such 14
proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, 15
and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not less than 16
one hundred dollars ($100) nor more than one thousand dollars ($1,000). 17
(10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not 18
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 19
(11) A person shall be assessed a civil penalty of not less than one hundred dollars 20
($100) nor more than one thousand dollars ($1,000) when that person discharges or 21
in any other manner discriminates against an employee because the employee has: 22
(a) Made any complaint to his or her employer, the commissioner, or any other 23
person; or 24
(b) Instituted, or caused to be instituted, any proceeding under or related to KRS 25
337.420 to 337.433; or 26
(c) Testified, or is about to testify, in any such proceedings. 27 UNOFFICIAL COPY 22 RS BR 178
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(12) Any employer that violates Section 1 of this Act shall be assessed a civil penalty of 1
not less than one hundred dollars ($100) nor more than one thousand dollars 2
($1,000) for each offense. Each day the employer fails to grant leave to an 3
employee as required under subsection (5) of Section 1 of this Act shall constitute 4
a separate offense. 5