Revision: Feb. 20, 2024, 12:51 p.m.
Rep. M. Cahill, Rock. 10
February 20, 2024
2024-0783h
12/02
Floor Amendment to HB 1178-FN
Amend the bill by replacing all after the enacting clause with the following:
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 because their employment ended with no reasonable assurance of the employee being able to return to said employer, 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.