Louisiana 2020 2020 Regular Session

Louisiana House Bill HB832 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 832 Original	2020 Regular Session	Willard
Abstract: Creates provisions and protections for an employee's sick leave benefits. 
Proposed law provides that an employer who employs twenty or more employees shall provide paid
sick leave for all full-time and part-time employees.
Proposed law provides that an employer who employs less than two employees shall provide unpaid
sick leave for all full-time and part-time employees.
Proposed law provides that the employer must grant sick leave benefits at a rate equal to one hour
of sick leave for every 30 hours up to a maximum of 40 hours of sick leave per year. Proposed law
further provides that the paid sick leave is accrued in an amount equal to the employee's pay rate.
Proposed law provides that an employee shall begin accruing sick leave hours at the commencement
of his employment and after 90 days of employment, the employee is entitled to use his sick leave. 
Proposed law provides the employee may use sick leave for any of the following:
(1)An employee's medical treatment or care for illness.
(2)Medical treatment or care for illness of a family member.
(3)Business closure due to a public health emergency.
(4)An employee's child's school closure due to a public health emergency.
(5)Injuries sustained by the employee as a result of domestic violence, sexual assault, or
stalking.
(6)An employee's attendance at a meeting at his child's school in relation to the child's disability
or a health-related matter.
Proposed law provides that for the purposes of this proposed law, "family member" means a child,
parent, in-law, spouse, grandparent, grandchild, sibling, or any other person related by blood or
affinity whose association with the employee is the equivalent of family relationship. Proposed law
further provides that the term "family member" shall include domestic partners if the employer
provides other benefits to domestic partnerships in the course and scope of employment. Proposed law provides that an employee is required to notify the employer, either orally or in
writing, that he intends to use sick leave.
Proposed law provides that for any use of sick leave for 3 days or longer, the employer may require
an employee to obtain reasonable documentation from a healthcare provided or other official.  
Proposed law provides that an employer cannot retaliate, discharge, expel, demote, or otherwise
discriminate against an employee because he uses his sick leave in accordance with proposed law. 
Proposed law provides that a notice of the employee's rights and employer's obligations must be
posted in a conspicuous location at every work site and shall be provided individually to each
employee at the commencement of his employment.
Proposed law provides for a civil fine for employer that violates the provisions of  proposed law. 
Proposed law further provides that the fine shall be levied and payable to Louisiana Workforce
Commission (LWC)  and for an amount not less than $20 and not more than $200.  
Proposed law requires the LWC to promulgate rules and regulations pursuant to the Administrative
Procedure Act in order to carry out the provisions of proposed law.
Effective Jan. 1, 2021.
(Adds R.S. 23:643)