Revision: Dec. 24, 2015, midnight
\t \t\tHB 1633-FN - AS INTRODUCED
2016 SESSION
\t16-2051
\t01/09
HOUSE BILL\t1633-FN
AN ACT\trelative to the use of the Family and Medical Leave Act time as it applies to workers' compensation.
SPONSORS:\tRep. Webb, Rock. 6; Rep. Cahill, Rock. 17; Rep. Cali-Pitts, Rock. 30; Rep. Cushing, Rock. 21; Rep. Emerson, Ches. 11; Rep. Infantine, Hills. 13; Rep. LeBrun, Hills. 32; Rep. Patten, Merr. 17; Rep. Rouillard, Hills. 6; Rep. White, Graf. 13; Sen. Feltes, Dist 15; Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Birdsell, Dist 19
COMMITTEE:\tLabor, Industrial and Rehabilitative Services
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ANALYSIS
\tThis bill declares that an employer shall not require an employee to file an application for, or accept time off under the Family and Medical Leave Act as a result of a workers' compensation injury.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2051
\t01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the use of the Family and Medical Leave Act time as it applies to workers' compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Leave Time. Amend RSA 281-A by inserting after section 19 the following new section:
\t281-A:19-a Leave Time Due to Workers' Compensation Injury. An employer shall not require an employee to file an application for, or accept time off under the Family and Medical Leave Act of 1993, as amended, as a result of a workers' compensation injury.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2051
\t\t\t\t\t\t\t\t\t\t\t12/18/15
HB 1633-FN- FISCAL NOTE
AN ACT\trelative to the use of the Family and Medical Leave Act time as it applies to workers' compensation.
FISCAL IMPACT:
The Departments of Administrative Services and Labor, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill, as introduced, may increase state, county and local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on state, county or local revenue.
METHODOLOGY:
The Department of Administrative Services states this bill would not affect the cost to the state or change the steps involved in processing workers’ compensation claims. The Department assumes the bill would allow an employee to decide whether or not to file an application for, or use time authorized under the Family Medical Leave Act (FMLA) concurrently with time missed as a result of a workers’ compensation injury. The Department states the cost, if any, would result from an employee choosing not to take FMLA concurrently workers’ compensation, and then electing to use FMLA at a later date due to a qualifying medical condition. The Department indicates such costs would be in lost productivity, or having other workers fill in on a temporary basis, but any such costs cannot be determined.
The Department of Labor states the fiscal impact of the bill cannot be determined as it is unknown how many employees of cities, counties or state government would be impacted.
The New Hampshire Association of Counties states there could be costs related to back filling vacant staff positions and/or overtime costs incurred due to the absence of an individual. The Association states any potential costs cannot be determined.
The New Hampshire Municipal Association states this bill would prohibit an employer from requiring an employee from using time authorized under the Family Medical Leave Act of 1993 consecutively with time missed as a result of a worker’s compensation injury. The Association has no information about whether any municipalities currently impose such a requirement and has no way to determine if prohibiting the practice would affect municipal expenditures. The Association indicates it is unlikely the bill would have an impact on municipal revenue.