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AN ACT relating to earned paid sick leave. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Child" means a biological, adopted, or foster child, stepchild, or legal 6
ward of an employee if the child is less than eighteen (18) years old or is 7
over eighteen (18) years old but incapable of self-care due to mental or 8
physical disability; 9
(b) "Earned paid sick leave" means the time off from work that is provided by 10
an employer to an employee as computed under this section that can be 11
used for purposes set forth in this section and is compensated at the same 12
hourly rate as the employee earns from his or her employment at the time 13
the employee uses the paid sick leave; however, the hourly rate shall not be 14
less than the minimum hourly wage under KRS 337.275; 15
(c) "Employee" has the same meaning as in KRS 337.010(1)(e); 16
(d) "Employer" has the same meaning as in KRS 337.010(1)(d); 17
(e) "Health care provider" means any person licensed under federal or state 18
law to provide health care services, or any other person authorized to 19
provide health care by a licensed health care professional, including but not 20
limited to physicians, osteopaths, nurses, advanced practice registered 21
nurses, physician assistants, and psychologists; 22
(f) "Parent" means a biological, adoptive, or foster parent of an employee or 23
an employee's spouse, or other person who assumed the responsibilities of 24
parenthood when the employee or the employee's spouse was a child; and 25
(g) "Spouse" means the person to whom the employee is married. 26
(2) Each employer shall provide earned paid sick leave to each employee working for 27 UNOFFICIAL COPY 23 RS BR 111
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the employer in the state. An employee shall begin accruing earned paid sick 1
leave beginning on his or her date of hire or on the effective date of this Act, 2
whichever is later, but employees shall not be entitled to use accrued earned sick 3
leave until the ninetieth calendar day following commencement of employment. 4
For every thirty (30) hours worked, the employee shall accrue one (1) hour of 5
earned paid sick leave. An employee exempt from overtime requirements under 6
state or federal law shall be assumed to work forty (40) hours each week unless 7
his or her normal work week is less than forty (40) hours, in which case earned 8
paid sick leave shall accrue based on that normal work week. 9
(3) The employer shall not be required to permit the employee to accrue at any one 10
(1) time, or carry forward from one (1) year to the next, more than forty (40) 11
hours of earned paid sick leave if the employer has less than ten (10) employees 12
or more than seventy-two (72) hours of earned paid sick leave if the employer has 13
ten (10) or more employees. 14
(4) An employer is considered to be in compliance with this section if the employer 15
offers any other fully paid leave that may be used for the purposes set forth in this 16
section in the manner provided for in this section and is accrued at a rate equal to 17
or greater than the rate described in this section. Nothing in this section shall be 18
construed to discourage or prohibit any employer from allowing the accrual of 19
earned paid sick leave at a faster rate, or the use of earned paid sick leave at an 20
earlier date, than this section requires. 21
(5) An employer shall permit an employee to use accrued earned paid sick leave 22
pursuant to this section for any of the following: 23
(a) Time needed for the diagnosis, care, or medical treatment of, or recovery 24
from, an employee's mental or physical illness, injury, or other health 25
condition; 26
(b) Time needed for the diagnosis, care, or medical treatment of, or recovery 27 UNOFFICIAL COPY 23 RS BR 111
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from, a mental or physical illness, injury, or other health condition of the 1
employee's child, parent, or spouse; and 2
(c) Time needed due to circumstances resulting from the employee or the 3
employee's child, parent, or spouse being a victim of domestic violence so 4
long as the leave is to allow the victim of the domestic abuse to obtain 5
medical attention needed to recover from physical or mental injury or 6
disability caused by the domestic violence, to obtain services from a victim 7
services organization, to relocate due to domestic violence or sexual assault, 8
to obtain a restraining or protective order, or to participate in any civil or 9
criminal proceedings related to the domestic violence. 10
(6) If the employee's need to use earned paid sick leave is foreseeable, the employer 11
may require advance notice, not to exceed seven (7) days prior to the date such 12
leave is to begin, of the intention to use earned paid sick leave and the expected 13
duration of the leave. The employee shall make a reasonable effort to schedule 14
the use of earned paid sick leave in a manner that does not unduly disrupt the 15
operations of the employer. 16
(7) If the employee's need to use earned paid sick leave is not foreseeable, an 17
employer may require an employee to give notice of the intention to use earned 18
paid sick leave as soon as practicable. For earned paid sick leave of more than 19
three (3) days, an employer may require reasonable documentation that the leave 20
is being used for a purpose permitted under this section. If the leave is used 21
pursuant to subsection (5)(a) or (b) of this section, documentation signed by a 22
health care provider who is treating the employee or the employee's child, parent, 23
or spouse indicating the need for the leave and the anticipated necessary number 24
of days of leave shall be considered reasonable documentation. If the leave is 25
used pursuant to subsection (5)(c) of this section, a court record, a law 26
enforcement report, or documentation signed by an attorney, police officer, 27 UNOFFICIAL COPY 23 RS BR 111
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counselor, or representative of a victim services organization shall be considered 1
reasonable documentation. 2
(8) Unless an employee policy or collective bargaining agreement provides for the 3
payment of unused accrued earned paid sick leave benefits upon termination, no 4
employee shall be entitled to payment of unused accrued earned paid sick leave 5
benefits upon termination of employment. 6
(9) Nothing in this section shall be deemed to require any employer to provide earned 7
paid sick leave for an employee's leave for any purpose other than those 8
described in this section. Nothing in this section shall be construed to prohibit an 9
employer from taking disciplinary action against an employee who used earned 10
paid sick leave for purposes other than those described in this section. 11
(10) No employer shall retaliate against an employee because the employee requests or 12
uses earned paid sick leave in accordance with this section or the employer's own 13
earned paid sick leave policy, or files a complaint alleging the employer's 14
violation of this section. No employer shall count earned paid sick leave as an 15
absence that may result in disciplinary action against the employee. 16
(11) Each employer subject to this section shall, at the time of hiring, provide notice to 17
each employee of the entitlement to earned paid sick leave, the amount of earned 18
paid sick leave provided, and the terms under which earned paid sick leave may 19
be used. 20
(12) Nothing in this section shall be construed as prohibiting an employer from 21
adopting a policy whereby an employee may donate unused accrued earned paid 22
sick leave to another employee. 23
(13) An employee shall not be required to use earned paid sick leave for any absence 24
during a period of time in which, by mutual consent of the employee and the 25
employer, the employee works an equivalent number of additional hours during 26
the same or the next pay period as the hours not worked due to reasons permitted 27 UNOFFICIAL COPY 23 RS BR 111
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in this section. An employer shall not require an employee to work additional 1
hours to make up hours in which the employee was absent or require the 2
employee to find a replacement employee to cover hours during which the 3
employee is using earned paid sick leave. 4
Section 2. KRS 337.990 is amended to read as follows: 5
The following civil penalties shall be imposed by the Education and Labor Cabinet, in 6
accordance with the provisions in KRS 336.985, for violations of the provisions of this 7
chapter: 8
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 9
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 10
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 11
wages when due him under KRS 337.020 shall constitute a separate offense;[.] 12
(2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not 13
less than one hundred dollars ($100) nor more than one thousand dollars 14
($1,000);[.] 15
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not 16
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 17
for each offense and shall make full payment to the employee by reason of the 18
violation. Each failure to pay an employee the wages as required by KRS 337.055 19
shall constitute a separate offense;[.] 20
(4) Any employer who violates KRS 337.060 shall be assessed a civil penalty of not 21
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 22
and shall also be liable to the affected employee for the amount withheld, plus 23
interest at the rate of ten percent (10%) per annum;[.] 24
(5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil 25
penalty of not less than one hundred dollars ($100) nor more than one thousand 26
dollars ($1,000) for each offense and shall make full payment to the employee by 27 UNOFFICIAL COPY 23 RS BR 111
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reason of the violation;[.] 1
(6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty 2
of not less than one hundred dollars ($100) nor more than one thousand dollars 3
($1,000) for each offense and each day that the failure continues shall be deemed a 4
separate offense;[.] 5
(7) Any employer who violates any provision of KRS 337.275 to 337.325, KRS 6
337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the 7
commissioner or the commissioner's authorized representative in the performance 8
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 9
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 10
make any record or transcription thereof accessible to the commissioner or the 11
commissioner's authorized representative shall be assessed a civil penalty of not less 12
than one hundred dollars ($100) nor more than one thousand dollars ($1,000). A 13
civil penalty of not less than one thousand dollars ($1,000) shall be assessed for any 14
subsequent violation of KRS 337.285(4) to (9) and each day the employer violates 15
KRS 337.285(4) to (9) shall constitute a separate offense and penalty;[.] 16
(8) Any employer who pays or agrees to pay wages at a rate less than the rate applicable 17
under KRS 337.275 and 337.285, or any wage order issued pursuant thereto shall be 18
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 19
one thousand dollars ($1,000);[.] 20
(9) Any employer who discharges or in any other manner discriminates against any 21
employee because the employee has made any complaint to his or her employer, to 22
the commissioner, or to the commissioner's authorized representative that he or she 23
has not been paid wages in accordance with KRS 337.275 and 337.285 or 24
regulations issued thereunder, or because the employee has caused to be instituted 25
or is about to cause to be instituted any proceeding under or related to KRS 26
337.385, or because the employee has testified or is about to testify in any such 27 UNOFFICIAL COPY 23 RS BR 111
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proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, 1
and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not less than 2
one hundred dollars ($100) nor more than one thousand dollars ($1,000);[.] 3
(10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not 4
less than one hundred dollars ($100) nor more than one thousand dollars 5
($1,000);[.] 6
(11) A person shall be assessed a civil penalty of not less than one hundred dollars 7
($100) nor more than one thousand dollars ($1,000) when that person discharges or 8
in any other manner discriminates against an employee because the employee has: 9
(a) Made any complaint to his or her employer, the commissioner, or any other 10
person; or 11
(b) Instituted, or caused to be instituted, any proceeding under or related to KRS 12
337.420 to 337.433; or 13
(c) Testified, or is about to testify, in any such proceedings; and 14
(12) Any employer who violates Section 1 of this Act shall be assessed a civil penalty 15
of not less than five hundred dollars ($500) for each offense. Each day of 16
violation shall constitute a separate offense, and the violation as it affects each 17
individual worker shall constitute a separate offense. The Attorney General, or 18
any person authorized to act on his or her behalf, shall initiate enforcement of 19
this penalty. 20