Revision: May 15, 2024, 11:04 a.m.
Sen. Chandley, Dist 11
May 13, 2024
2024-1916s
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 annual allocation of earned time and any limits on accrual or use.
(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 "vacation" and “personal time off" are earned time and 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 mutual understanding that the employee will return to said employer, up to 30 days of unused earned time such as vacation and personal time, but not sick days, whether earned by accrual or allocated on an annual basis, shall be considered wages pursuant to RSA 275:42, III and due upon separation from employment pursuant to RSA 275:44. If earned time is allocated on an annual basis, it shall be paid on a prorated basis.
(a) When an employer does not delineate the types of earned time, the entire balance of unused earned time shall be paid.
(b) If the separation is the result of a change of business ownership, the prior employer shall include the employee's unused earned time in their final pay or transfer the employee's unused earned time to the new employer.
3 Effective Date. This act shall take effect January 1, 2025.
2024-1916s
AMENDED ANALYSIS
This bill requires employers to pay earned time off to their employees under certain circumstances.