Revision: Jan. 20, 2016, midnight
\t \t\tSB 416 - AS INTRODUCED
2016 SESSION
\t16-2948
\t06/04
SENATE BILL\t416
AN ACT\trelative to flexible working arrangements in employment.
SPONSORS:\tSen. Feltes, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Kelly, Dist 10; Sen. Soucy, Dist 18; Sen. Woodburn, Dist 1; Rep. LeBrun, Hills. 32; Rep. Webb, Rock. 6; Rep. Rosenwald, Hills. 30; Rep. Luneau, Merr. 10; Rep. Gile, Merr. 27
COMMITTEE:\tCommerce
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ANALYSIS
\tThis bill requires employers to consider employee requests for flexible working arrangements.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2948
\t06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to flexible working arrangements in employment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Sections; Right to Request a Flexible Working Arrangement. Amend RSA 275 by inserting after section 37-a the following new sections:
\t275:37-b Right to Request a Flexible Working Arrangement.
\t\tI. In this section:
\t\t\t(a) "Flexible working arrangement" means intermediate or long-term changes in the employee's regular working arrangements, including changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, working from home, or job-sharing. "Flexible working arrangement" does not include vacation, routine scheduling of shifts, or another form of employee leave.
\t\t\t(b) "Inconsistent with business operations" includes the following:
\t\t\t\t(1) Additional costs.
\t\t\t\t(2) The inability of an employer to meet consumer demand.
\t\t\t\t(3) The inability to reorganize work among existing staff or recruit additional staff.
\t\t\t\t(4) A detrimental impact on the employee's job performance, or overall business performance;
\t\t\t\t(5) An insufficiency of work during the periods the employee proposes to work.
\t\t\t\t(6) A detrimental effect on planned structural changes to the business.
\t\tII. An employee may request a flexible working arrangement that meets the needs of the employer and the employee. The employer shall consider a request using the procedures in paragraph III at least twice per calendar year.
\t\tIII.(a) The employer shall discuss the request for a flexible working arrangement with the employee in good faith. The employer and employee may propose alternative arrangements during the discussion.
\t\t\t(b) The employer shall consider whether the employee's request for a flexible working arrangement could be granted in a manner that is not inconsistent with its business operations or its legal or contractual obligations and, if so, shall grant the request within a reasonable period of time from the date the request is made.
\t\t\t(c) The employer shall notify the employee in writing of its decision within a reasonable period of time from the date the request is made. If granting the request, the employer shall specify the details of the flexible working arrangement in an understandable and accessible manner. If the request is denied, the employer shall specify the reasons for its determination that granting the request would be inconsistent with business operations.
\t\t\t(d) This section shall not diminish any rights under this chapter or pursuant to a collective bargaining agreement. An employer may institute a flexible working arrangement policy that is more generous than that is provided by this section.
\t\tIV. No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has made, or may make, a request pursuant to the provisions of this section.
\t\tV. Nothing in this section shall affect any legal rights an employer or employee has to create, terminate, or modify a flexible working arrangement.
\t275:37-c Right to Request Notice of Work Schedule.
\t\tI. In this section:
\t\t\t(a) "Notice" means posting of the work schedule in a conspicuous place which is accessible to all employees.
\t\t\t(b) "Work schedule" means the staffing plan of the employer that defines the days and hours to be worked by each employee.
\t\tII. Upon request of an hourly employee, an employer shall provide notice of the employee's work schedule at least 14 days in advance of any pay period in which an employee is on the work schedule.
\t\tIII. An employer shall pay an hourly employee:
\t\t\t(a) For at least 4 hours at the employee's regular rate of pay for each day on which the employee reports for work under specific instructions but is given less than 4 hours of work, except that if the employee's scheduled hours are less than 4 hours, such employee shall be paid for the employee's scheduled hours for that day if given less than the scheduled hours of work; and
\t\t\t(b) For at least one hour at the employee's regular rate of pay for each day the employee is given specific instructions to contact the employer, or wait to be contacted by the employer, less than 24 hours in advance of the start of a potential work shift, or where an hourly employee's work shift is canceled within 24 hours of a scheduled shift.
\t\tIV. The requirements in paragraphs II, IV, and V shall not apply during periods when regular operations of the employer are affected by events beyond the employer's control.
\t\tVI. No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her rights pursuant to the provisions of this section.
\t2 Effective Date. This act shall be effective 90 days after its passage.