2017 -- H 5413 SUBSTITUTE B AS AMENDED | |
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LC001131/SUB B | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES | |
AND WORKPLACES ACT | |
| |
Introduced By: Representatives Regunberg, Craven, Serpa, Maldonado, and Fogarty | |
Date Introduced: February 08, 2017 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR |
2 | RELATIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 57 |
4 | HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT |
5 | 28-57-1. Short title. |
6 | This chapter shall be known and may be cited as the "Healthy and Safe Families and |
7 | Workplaces Act." |
8 | 28-57-2. Legislative purpose. |
9 | The purpose of this chapter is to ensure that employees in Rhode Island can address their |
10 | own health and safety needs, as well as the health and safety needs of their family members, by |
11 | requiring employers to allow employees to earn a minimum level of paid leave time including |
12 | time to care for their family members and allow for ease and uniformity of administration for the |
13 | business community in providing paid leave for their employees. |
14 | 28-57-3. Definitions. |
15 | As used in the chapter, the following words and terms have the following meanings: |
16 | (1) "Care recipient" means a person for whom the employee is responsible for providing |
17 | or arranging health or safety related care, including, but not limited to, helping the person obtain |
18 | diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe |
| |
1 | following domestic violence, sexual assault or stalking. |
2 | (2) "CCAP family child care provider" means a childcare worker as defined in §40-6.6- |
3 | 2(2). |
4 | (3) "Child" means a person as defined in §28-41-34(1). |
5 | (4) "Department" means the department of labor and training. |
6 | (5) "Domestic partner" means a party to a civil union as defined in chapter 3.1 of title 15 |
7 | or a person who meets the requirements in §§36-12-1(3)(i) through (3)(v) has the same meaning |
8 | as that term is defined in §8-8.2-20. |
9 | (6) "Domestic violence" means certain crimes when committed by one family or |
10 | household member against another as defined in §12-29-2. |
11 | (7) "Employee" means any person suffered or permitted to work by an employer, except |
12 | for those not considered employees as defined in §28-12-2. Independent contractors, |
13 | subcontractors, work study participants as described pursuant to 42 U.S.C. §2753.23, |
14 | apprenticeships and interns as defined under FLSA section 3(g) shall not be considered to be |
15 | employees for the purpose of this act. |
16 | (8) "Employer" means any individual or entity that includes any individual, partnership, |
17 | association, corporation, business trust, or any person or group of persons acting directly or |
18 | indirectly in the interest of an employer, in relation to an employee as defined in §28-12-2, but |
19 | does not include the federal government, and provided that in determining the number of |
20 | employees performing work for an employer as defined in 29 CFR 791.2. of the Federal Fair |
21 | Labor Standards Act, 29 U.S.C. §§201 et seq., the total number of employees in that group shall |
22 | be counted. |
23 | (9) "Family member" means a child, parent, spouse, mother-in-law, father-in-law, |
24 | grandparents, grandchildren or, domestic partner, sibling, care recipient, or member of the |
25 | employee's household. |
26 | (10) "Health care professional" means any person licensed under federal or Rhode Island |
27 | law to provide medical or emergency services, including, but not limited to, doctors, nurses, and |
28 | emergency room personnel. |
29 | (11) "Paid sick leave time" or "paid sick and safe leave time" means time that is |
30 | compensated at the same hourly rate and with the same benefits, including health care benefits, as |
31 | the employee normally earns during hours worked and is provided by an employer to an |
32 | employee for the purposes described in §28-57-5, but in no case shall the hourly wage paid leave |
33 | be less than that provided under §28-12-3. |
34 | (12) "Parent" means a person as defined in §28-41-34(5) or a person as defined in §28- |
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1 | 41-34(9). |
2 | (13) ''Seasonal employee'' means a person as defined in 26 CFR 54.4980H-1(a)(38). |
3 | (14) "Sexual assault" means a crime as defined in §§11-37-2, 11-37-4 or 11-37-6. |
4 | (15) "Sibling" means a brother or a sister, whether related through half blood, whole |
5 | blood or adoption, a foster sibling, or a step-sibling. |
6 | (16) "Spouse" means a person as defined in §28-41-34(7). |
7 | (17) "Stalking" means a crime as described in §§11-59-2 and 11-52-4.2. |
8 | (18) "Temporary employee" means any person working for, or obtaining employment |
9 | pursuant to an agreement with any employment agency, placement service, or training school or |
10 | center. |
11 | (19) “Unpaid sick time” is time that is used for the purposes described in §28-57-6 of this |
12 | chapter |
13 | (20) "Year" means a regular and consecutive twelve (12) month period as determined by |
14 | the employer; except that for the purposes of §28-57-7 of this chapter, "year" means a calendar |
15 | year. |
16 | 28-57-4. Exemptions. |
17 | (a) Nothing in this chapter shall be construed to conflict with the provisions of the Food |
18 | Code or the Rules and Regulations pertaining to Reporting Infectious, Environmental and |
19 | Occupational Diseases. |
20 | (b) Any employer with a paid leave time off policy or paid sick and safe leave policy who |
21 | makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours |
22 | during calendar year 2019 and forty (40) hours per calendar year thereafter of paid time off or |
23 | paid sick and safe leave time to employees or any employer who offers unlimited paid time off or |
24 | paid sick and safe time is exempt from §28-57-5(a), (b), (c) and (e) of this chapter. Employers |
25 | that provide at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours |
26 | during calendar year 2019 and forty (40) hours per calendar year thereafter of paid sick or safe |
27 | leave or paid time off that can be used for the purposes consistent with this act at the beginning of |
28 | each benefit year do not need to track accrual, allow any carry-over, or payout. |
29 | (c) Any employer that employs less than eighteen (18) employees as defined in this act is |
30 | exempt from §28-57-5; provided however, that any such employer shall not take an adverse |
31 | action against an employee of the employer solely based upon the employee’s use of up to |
32 | twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year |
33 | 2019 and forty (40) hours per calendar year thereafter, subject to §28-57-6 and §28-57-10. |
34 | (d) Any employer is not required to provide any paid sick and/or safe leave time to any |
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1 | employees that are employed by a municipality or the state. |
2 | (e) Any employer in the construction industry, as classified as code under the North |
3 | American Industry Classification System, is not required to provide any paid sick and/or safe |
4 | leave time to any employees that work under a collective bargaining agreement until July 1, 2018. |
5 | (f) Any employee licensed to practice nursing pursuant to chapter 34 of title 5 is not |
6 | subject to the provisions of this chapter if the employee: |
7 | (1) Is employed by a health care facility; |
8 | (2) Is under no obligation to work a regular schedule; |
9 | (3) Works only when he or she indicates that he or she is available to work and has no |
10 | obligation to work when he or she does not indicate availability; and |
11 | (4) Receives higher pay than that paid to an employee of the same health care facility |
12 | performing the same job on a regular schedule. |
13 | 28-57-5. Accrual of paid sick and safe leave time. |
14 | (a) All employees employed by an employer of eighteen (18) or more employees in |
15 | Rhode Island shall accrue a minimum of one hour of paid sick and safe leave time for every thirty |
16 | five (35) hours worked up to a maximum of twenty-four (24) hours during the calendar year of |
17 | 2018, thirty-two (32) hours during calendar year 2019 and up to a maximum of forty (40) hours |
18 | per year thereafter, unless the employer chooses to provide a higher annual limit in both accrual |
19 | and use. In determining the number of employees who are employed by an employer for |
20 | compensation, all employees defined in §28-57-3(7) shall be counted. |
21 | (b) Employees who are exempt from the overtime requirements under 29 U.S.C. |
22 | §213(a)(1) of the Federal Fair Labor Standards Act, 29 U.S.C. §§201 et seq., will be assumed to |
23 | work forty (40) hours in each work week for purposes of paid sick and safe leave time accrual |
24 | unless their normal work week is less than forty (40) hours, in which case paid sick and safe leave |
25 | time accrues based upon that normal work week. |
26 | (c) Paid sick and safe leave time as provided in this chapter shall begin to accrue at the |
27 | commencement of employment or pursuant to the law's effective date, whichever is later. An |
28 | employer may provide all paid sick and safe leave time that an employee is expected to accrue in |
29 | a year at the beginning of the year. |
30 | (d) An employer may require a waiting period for newly hired employees of up to ninety |
31 | (90) days. During this waiting period, an employee shall accrue earned sick time pursuant to this |
32 | subchapter or the employer's policy, if exempt under 25-57(4)(b), but shall not be permitted to |
33 | use the earned sick time until after he or she has completed the waiting period. |
34 | (e) Paid sick and safe leave time shall be carried over to the following calendar year; |
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1 | however, an employee's use of paid sick and safe leave time provided under this chapter in each |
2 | calendar year shall not exceed twenty-four (24) hours during calendar year 2018 and thirty-two |
3 | (32) hours during calendar year 2019 and forty (40) hours per year thereafter. Alternatively, in |
4 | lieu of carryover of unused earned paid sick and safe leave time from one year to the next, an |
5 | employer may pay an employee for unused earned paid sick and safe leave time at the end of a |
6 | year and provide the employee with an amount of paid sick and safe leave that meets or exceeds |
7 | the requirements of this chapter that is available for the employee's immediate use at the |
8 | beginning of the subsequent year. |
9 | (f) Nothing in this chapter shall be construed as requiring financial or other |
10 | reimbursement to an employee from an employer upon the employee's termination, resignation, |
11 | retirement, or other separation from employment for accrued paid sick and safe leave time that |
12 | has not been used. |
13 | (g) If an employee is transferred to a separate division, entity or location within the State, |
14 | but remains employed by the same employer as defined in 29 CFR 791.2. of the Federal Fair |
15 | Labor Standards Act, 29 U.S.C. §§201 et seq., the employee is entitled to all paid sick and safe |
16 | leave time accrued at the prior division, entity or location and is entitled to use all paid sick and |
17 | safe leave time as provided in this act. When there is a separation from employment and the |
18 | employee is rehired within one hundred thirty-five (135) days of separation by the same |
19 | employer, previously accrued paid sick and safe leave time that had not been used shall be |
20 | reinstated. Further, the employee shall be entitled to use accrued paid sick and safe leave time and |
21 | accrue additional sick and safe leave time at the re-commencement of employment. |
22 | (h) When a different employer succeeds or takes the place of an existing employer, all |
23 | employees of the original employer who remain employed by the successor employer within the |
24 | State are entitled to all earned paid sick and safe leave time they accrued when employed by the |
25 | original employer, and are entitled to use earned paid sick and safe leave time previously accrued. |
26 | (i) At its discretion, an employer may loan sick and safe leave time to an employee in |
27 | advance of accrual by such employee. |
28 | (j) Temporary employees shall be entitled to use accrued paid sick and safe leave time |
29 | beginning on the one hundred eightieth (180) calendar day following commencement of their |
30 | employment, unless otherwise permitted by the employer. On and after the one hundred eightieth |
31 | (180) calendar day of employment, employees may use paid and safe leave time as it is accrued. |
32 | During this waiting period, an employee shall accrue earned sick time pursuant to this chapter, |
33 | but shall not be permitted to use the earned sick time until after he or she has completed the |
34 | waiting period. |
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1 | (k) Seasonal employees shall be entitled to use accrued paid sick and safe leave time |
2 | beginning on the one hundred fiftieth (150) calendar day following commencement of their |
3 | employment, unless otherwise permitted by the employer. On and after the one hundred fiftieth |
4 | (150) calendar day of employment, employees may use paid and sick and safe leave time as it is |
5 | accrued. During this waiting period, an employee shall accrue earned sick time pursuant to this |
6 | chapter, but shall not be permitted to use the earned sick time until after he or she has completed |
7 | the waiting period. |
8 | 28-57-6. Use of paid sick and safe leave time. |
9 | (a) Paid sick and safe leave time shall be provided to an employee by an employer for: |
10 | (1) An employee's mental or physical illness, injury or health condition; an employee's |
11 | need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health |
12 | condition; an employee's need for preventive medical care; |
13 | (2) Care of a family member with a mental or physical illness, injury or health condition; |
14 | care of a family member who needs medical diagnosis, care, or treatment of a mental or physical |
15 | illness, injury or health condition; care of a family member who needs preventive medical care; |
16 | (3) Closure of the employee's place of business by order of a public official due to a |
17 | public health emergency or an employee's need to care for a child whose school or place of care |
18 | has been closed by order of a public official due to a public health emergency, or care for oneself |
19 | or a family member when it has been determined by the health authorities having jurisdiction or |
20 | by a health care provider that the employee's or family member's presence in the community may |
21 | jeopardize the health of others because of their exposure to a communicable disease, whether or |
22 | not the employee or family member has actually contracted the communicable disease; or |
23 | (4) Time off needed when the employee or a member of the employee's family is a victim |
24 | of domestic violence, sexual assault or stalking. |
25 | (b) Paid sick and safe leave time shall be provided upon the request of an employee. Such |
26 | request may be made orally, in writing, by electronic means or by any other means acceptable to |
27 | the employer. When possible, the request shall include the expected duration of the absence. |
28 | (c) When the use of paid sick and safe leave time is foreseeable, the employee shall |
29 | provide notice of the need for such time to the employer in advance of the use of the sick and safe |
30 | leave time and shall make a reasonable effort to schedule the use of sick and safe leave time in a |
31 | manner that does not unduly disrupt the operations of the employer. |
32 | (d) An employer that requires notice of the need to use earned paid sick and safe leave |
33 | time where the need is not foreseeable shall provide a written policy that contains procedures for |
34 | the employee to provide notice. An employer that has not provided to the employee a copy of its |
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1 | written policy for providing such notice shall not deny earned paid sick and safe leave time to the |
2 | employee based on non-compliance with such a policy. |
3 | (e) Unless otherwise in conflict with state or federal law or regulations, an employee may |
4 | decide how much sick time to use; provided, however, that an employer may set a minimum |
5 | increment for the use of sick time, not to exceed four (4) hours per day, provided such minimum |
6 | increment is reasonable under the circumstances. |
7 | (f) For paid sick and safe leave time of more than three (3) consecutive work days, an |
8 | employer may require reasonable documentation that the paid sick and safe leave time has been |
9 | used for a purpose covered by subsection (a) of this section if the employer has notified the |
10 | employee in writing of this requirement in advance of the employee's use of paid sick and safe |
11 | time. An employer may not require that the documentation explain the nature of the illness or the |
12 | details of the domestic violence, sexual assault, or stalking unless required by existing |
13 | government regulation or law. Nothing in this provision shall be construed to conflict with |
14 | existing government regulation or law. |
15 | (1) An employer may require written documentation for an employee’s use of earned sick |
16 | time that occurs within two (2) weeks prior to an employee's final scheduled day of work before |
17 | termination of employment. |
18 | (2) Documentation signed by a health care professional indicating that paid sick leave |
19 | time is necessary shall be considered reasonable documentation under subsection (a) of this |
20 | section. |
21 | (3) One of the following, of the employee's choosing, shall be considered reasonable |
22 | documentation of an absence under subsection (a)(4) of this section: |
23 | (i) An employee's written statement that the employee or the employee's family member |
24 | is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of |
25 | the purposes of §28-57-6(a)(4); |
26 | (ii) A police report indicating that the employee or employee's family member was a |
27 | victim of domestic violence, sexual assault, or stalking; |
28 | (iii) A court document indicating that the employee or employee's family member is |
29 | involved in legal action related to domestic violence, sexual assault, or stalking; or |
30 | (iv) A signed statement from a victim and witness advocate affirming that the employee |
31 | or employee's family member is receiving services from a victim services organization or is |
32 | involved in legal action related to domestic violence, sexual assault, or stalking. |
33 | (g) An employer's requirements for verification may not result in an unreasonable burden |
34 | or expense on the employee and may not exceed privacy or verification requirements otherwise |
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1 | established by law. |
2 | (h) Paid sick and safe leave cannot be used as an excuse to be late for work without an |
3 | authorized purpose. |
4 | (i) If an employee is committing fraud or abuse by engaging in an activity that is not |
5 | consistent with allowable purposes for paid sick and safe leave in this section, an employer may |
6 | discipline the employee, up to and including termination of employment for misuse of sick leave. |
7 | (j) If an employee is exhibiting a clear pattern of taking leave on days just before or after |
8 | a weekend, vacation, or holiday, an employer may discipline the employee for misuse of paid sick |
9 | and safe leave, unless the employee provides reasonable documentation that the paid sick and |
10 | safe leave time has been used for a purpose covered by subsection (a) of this section. |
11 | (k) An employer may not require, as a condition of providing earned paid sick and safe |
12 | time under this chapter, that the employee search for or find a replacement worker to cover the |
13 | hours during which the employee is using paid sick and safe leave time. However, if an employee |
14 | is absent from work for any reason listed in §28-57-6(a) and by mutual consent of the employer |
15 | and the employee, the employee works an equivalent number of additional hours or shifts during |
16 | the same or the next pay period as the hours or shifts not worked due to reasons listed in §28-57- |
17 | 6(a), an employee shall not be required to use accrued and earned paid or unpaid sick time for the |
18 | employee's absence during that time period, and the employer shall not be required to pay for sick |
19 | time taken during the time period. |
20 | 28-57-7. Family child care providers. |
21 | CCAP family childcare providers shall accrue and may use paid sick and safe leave in the |
22 | same manner as do employees under this chapter. The implementation, but not the amount, of |
23 | paid sick and safe leave for CCAP family child care providers shall be a subject of negotiation |
24 | with director of the department of administration under §40-6.6-4. The department of human |
25 | services shall promulgate any necessary regulations to implement the requirement of paid sick |
26 | and safe leave for CCAP family childcare providers. Nothing in this chapter shall be construed to |
27 | make CCAP family child care providers' employees of the state for any purpose, including for the |
28 | purposes of eligibility for the state employee pension program or state employee health benefits. |
29 | 28-57-8. Uniformity. |
30 | No municipality shall establish, mandate, or otherwise require an employer to provide |
31 | benefits in excess of those required under this chapter, including paid sick and safe leave to its |
32 | employees, other than the paid sick and safe leave requirements provided by this chapter, or to |
33 | apply sick and safe leave policies to statutorily exempt employees and workers. |
34 | 28-57-9. Regulations. |
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1 | The department shall coordinate implementation and enforcement of this chapter and |
2 | shall promulgate appropriate guidelines or regulations for such purposes. All regulations to be |
3 | drafted by the department pursuant to this act shall conform with existing applicable regulations |
4 | and statutes that govern chapter 12 of title 28. |
5 | 28-57-10. Enforcement. |
6 | (a) Enforcement and notice requirements pursuant to this chapter shall be in accordance |
7 | with enforcement and notice requirements of chapter 12 of title 28. |
8 | (b) Any employee or former employee aggrieved by a violation of the provisions of this |
9 | chapter shall be entitled to the same protections and relief as under chapters 12 and 14 of title 28. |
10 | (c) An employer who violates this chapter shall be liable for a civil penalty in an amount |
11 | not less than one hundred dollars ($100) for the first violation, and each subsequent violation |
12 | shall be subject to the penalties under of chapter 12 of title 28. |
13 | 28-57-11. Confidentiality and nondisclosure. |
14 | An employer may not require disclosure of details relating to domestic violence, sexual |
15 | assault, sexual contact or stalking or the details of an employee's or an employee's family |
16 | member's health information as a condition of providing paid sick and safe leave time under this |
17 | chapter. If an employer possesses health information or information pertaining to domestic |
18 | violence, sexual assault, sexual contact, or stalking about an employee or employee's family |
19 | member, such information shall be treated as confidential and not disclosed except to the affected |
20 | employee or with the permission of the affected employee unless required by existing regulation |
21 | or statute. |
22 | 28-57-12. Greater sick and safe leave policies. |
23 | (a) Nothing in this chapter shall be construed in a manner to discourage or prohibit an |
24 | employer from the adoption of a paid sick and safe leave time policy that provides greater rights |
25 | or benefits than those provided pursuant to this chapter. |
26 | (b) Nothing in this chapter shall be construed as diminishing the obligation of an |
27 | employer to comply with any contract, collective bargaining agreement, employment benefit plan |
28 | or other agreement that provides greater sick and safe leave time to an employee than required in |
29 | this chapter. |
30 | (c) Nothing in this chapter shall be construed as diminishing the rights of public |
31 | employees regarding paid sick and safe leave or use of sick and safe leave time as provided in the |
32 | general laws. |
33 | 28-57-13. Public education and outreach. |
34 | The department shall develop and implement a multilingual outreach program to inform |
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1 | employers, employees, parents, and persons who are under the care of a health care provider |
2 | about the availability of paid sick and safe leave time under this chapter. This program shall |
3 | include the distribution of notices and other written materials in English and in all languages |
4 | spoken by more than five percent (5%) of Rhode Island's population and any language deemed |
5 | appropriate by the department to all child care and elder care providers, domestic violence |
6 | shelters or victim services organizations, schools, hospitals, community health centers, and other |
7 | health care providers. |
8 | 28-57-14. Allowable substitution of employers' paid sick and safe leave time. |
9 | (a) Employers may have different paid leave policies for different groups of employees, |
10 | provided that all policies meet the minimum requirements of this chapter. |
11 | (b) Employers that prefer not to track accrual of paid sick and safe leave time over the |
12 | course of the benefit year may also use the following schedules for providing lump sums of sick |
13 | leave or paid time off to their employees. Employers using these schedules will be in compliance |
14 | even if an employee's hours vary from week to week. For employees working an average of: |
15 | (1) Thirty-seven and one-half (37.5) to forty (40) hours per week, provide eight (8) hours |
16 | per month for five (5) months; |
17 | (2) Thirty (30) hours per week, provide five (5) hours per month for eight (8) months |
18 | (3) Twenty-four (24) hours per week, provide four (4) hours per month for ten (10) |
19 | months; |
20 | (4) Twenty (20) hours per week, provide four (4) hours per month for nine (9) months; |
21 | (5) Sixteen (16) hours per week, provide three (3) hours per month for ten (10) months; |
22 | (6) Ten (10) hours per week, provide two (2) hours per month for ten (10) months; |
23 | (7) Five (5) hours per week, provide (one) (1) hour per month for ten (10) months. |
24 | (e) In the case an employer whose regular work day for full-time employees is less than |
25 | eight (8) hours per day, if the employer provides five (5) days of paid sick and safe time leave |
26 | consisting of the number of hours per day that constitute that full-time employee's work day and |
27 | provides them at the beginning of the year, the employer shall be in compliance with this sub- |
28 | section. |
29 | (f) Employers that provide forty (40) or more hours of paid time off or vacation to |
30 | employees that also may be used as paid sick and safe leave, consistent with this section, shall not |
31 | be required to provide additional sick leave to employees who use all their time for other |
32 | purposes and have need of paid sick and safe leave later in the year, provided that the employers' |
33 | leave policies make clear that additional time will not be provided. |
34 | 28-57-15. Severability. |
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1 | If any provision of this chapter or any rule or regulation created under this chapter, or the |
2 | application of any provision of this chapter to any person or circumstance shall be held invalid by |
3 | any court of competent jurisdiction, the remainder of the chapter, rule or regulation and the |
4 | application of such provision to other persons or circumstances shall not be affected thereby. The |
5 | invalidity of any section or sections or parts of any section of this chapter shall not affect the |
6 | validity of the remainder of this chapter and to this end the provisions of the chapter are declared |
7 | to be severable. |
8 | SECTION 2. This act shall take effect on July 1, 2018. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES | |
AND WORKPLACES ACT | |
*** | |
1 | This act would require employers with eighteen (18) or more employees to provide three |
2 | (3) paid sick days in 2018, four (4) paid sick days in 2019 and five (5) paid sick days thereafter. |
3 | This act would take effect on July 1, 2018. |
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LC001131/SUB B | |
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