HB 1178-FN - AS AMENDED BY THE HOUSE
22Feb2024... 0783h
11Apr2024... 1256h
2024 SESSION
24-2213
12/10
HOUSE BILL 1178-FN
AN ACT relative to an employee's unused earned time.
SPONSORS: Rep. M. Cahill, Rock. 10; Rep. M. Pearson, Rock. 34; Rep. McLean, Hills. 15; Rep. Grassie, Straf. 8; Sen. Perkins Kwoka, Dist 21
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill requires an employer to pay an employee for unused earned time.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2024... 0783h
11Apr2024... 1256h 24-2213
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to an employee's unused earned time.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Day's Work; Days of Rest; Unused Earned Time. Amend RSA 275 by inserting after section 35 the following new section:
275:35-a Unused Earned Time.
I. An employer that employs 15 or more employees and offers paid earned time to such employees shall comply with the following:
(a) Inform employees in writing of any policy regarding accrual or use of unused earned time and any limits on accrual or use. In the absence of an accrual system, earned time shall be paid on a prorated basis.
(b) Provide a means through which earned time requests and approvals are processed.
(c) Provide employees with an accounting of earned time used and unused earned time remaining.
(d) RSA 275:43, V-a.
II. For the purpose of this section, the terms "earned time," "vacation" or "vacation time," and "paid time off" have the same meaning .
2 New Paragraph; Protective Legislation; Wages. Amend RSA 275:43 by inserting after paragraph V the following new paragraph:
V-a. Notwithstanding RSA 275:43, V, if an employee is separated from an employer, as defined in RSA 275:35-a, I, because the employer’s business closed, changed ownership or due to a layoff with no reasonable assurance of the employee being able to return to said employer, up to 30 days of unused paid time off such as vacation, holiday, and personal time, but not sick days, whether earned by accrual or awarded in some other manner shall be considered wages pursuant to RSA 275:42, III and due upon separation from employment pursuant to RSA 275:44.
(a) When an employer does not delineate the types of paid time off awarded to an employee, as described in RSA 275:43, I, the entire balance of unused paid time off shall be prorated upon separation from employment.
(b) In lieu of payment for unused paid time off an employee described in RSA 275:43, V-a, I may agree in writing that their unused paid time off can be carried forward and transferred to their subsequent employer following a change in ownership.
3 Effective Date. This act shall take effect January 1, 2025.
24-2213
Amended 4/17/24
HB 1178-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1256h)
AN ACT relative to an employee's unused earned time.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill, as amended by the House, has no fiscal impact on state, county and local expenditures or revenue.
AGENCIES CONTACTED:
None
| Date | Amendment |
|---|---|
| Feb. 15, 2024 | 2024-0652h |
| Feb. 20, 2024 | 2024-0783h |
| March 29, 2024 | 2024-1256h |
| May 15, 2024 | 2024-1916s |
| Date | Body | Type |
|---|---|---|
| Jan. 10, 2024 | House | Hearing |
| Feb. 14, 2024 | House | Exec Session |
| Feb. 14, 2024 | House | Floor Vote |
| March 26, 2024 | House | Exec Session |
| April 23, 2024 | Senate | Hearing |
| May 15, 2024 | Senate | Floor Vote |
May 15, 2024: Refer to Interim Study, MA, VV; 05/15/2024; SJ 12
May 15, 2024: Special Order to Beginning of Calendar, Without Objection, MA; 05/15/2024; SJ 12
May 7, 2024: Committee Report: Referred to Interim Study, 05/16/2024, Vote 3-1; SC 19
April 17, 2024: Hearing: 04/23/2024, Room 100, SH, 11:00 am; SC 16
April 16, 2024: Introduced 04/11/2024 and Referred to Commerce; SJ 10
April 11, 2024: Ought to Pass with Amendment 2024-1256h: MA RC 198-183 04/11/2024 HJ 11 P. 20
April 11, 2024: Amendment # 2024-1256h: AA DV 197-185 04/11/2024 HJ 11 P. 19
April 11, 2024: Refer for Interim Study: MF RC 188-193 04/11/2024 HJ 11 P. 17
March 29, 2024: Minority Committee Report: Ought to Pass with Amendment # 2024-1256h
March 29, 2024: Majority Committee Report: Refer for Interim Study 03/28/2024 (Vote 13-11; RC) HC 14 P. 8
March 21, 2024: Executive Session: 03/26/2024 01:00 pm LOB 210-211
March 14, 2024: Division Work Session: 03/20/2024 10:00 am LOB 212
Feb. 28, 2024: Division Work Session: 03/06/2024 02:40 pm LOB 209
Feb. 22, 2024: Referred to Finance 02/22/2024 HJ 6 P. 116
Feb. 22, 2024: Ought to Pass with Amendment 2024-0783h: MA VV 02/22/2024 HJ 6 P. 115
Feb. 22, 2024: FLAM # 2024-0783h (Rep. M. Cahill): AA RC 199-179 02/22/2024 HJ 6 P. 113
Feb. 15, 2024: Committee Report: Without Recommendation 02/14/2024 (Vote 10-10; RC)
Jan. 31, 2024: Executive Session: 02/14/2024 09:45 am LOB 307
Jan. 5, 2024: Public Hearing: 01/10/2024 11:15 am LOB 206-208
Dec. 1, 2023: Introduced 01/03/2023 and referred to Labor, Industrial and Rehabilitative Services