Bill Text - HB1178 (2024)

Relative to an employee's unused earned time.


Revision: Oct. 16, 2023, 9:22 a.m.

 

2024 SESSION

24-2213.0

12/10

 

HOUSE BILL [bill number]

 

AN ACT relative to an employee's unused earned time.

 

SPONSORS: [sponsors]

 

COMMITTEE: [committee]

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2213.0

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.

II.  For the purpose of this section, the terms "earned time," "vacation" or "vacation time," and "paid time off" shall be considered benefits and therefore constitute wages due.  For the purposes of this section, "sick time" or "sick days" shall not be considered as wages due.

2  New Paragraph; Protective Legislation; Wages.  Amend RSA 275:43 by inserting after paragraph V the following new paragraph:

V-a.  An employee whose termination is the result of a layoff, shall be paid for unused earned time no later than the next regular pay period.  If the termination is the result of a change of business ownership, the prior employer shall, upon completion of the transfer of ownership, pay the employee's unused earned time wages or transfer the employee's unused earned time to the new employer.  For the purpose of this paragraph, the terms "earned time," "vacation" or "vacation time," and "paid time off" shall be considered benefits and therefore constitute wages due.  For the purposes of this paragraph, "sick time" or "sick days" shall not be considered as wages due.

3  Effective Date.  This act shall take effect 60 days after its passage.