HB 590-FN - AS INTRODUCED
2021 SESSION
21-0766
06/04
HOUSE BILL 590-FN
AN ACT relative to paid sick time.
SPONSORS: Rep. Wallner, Merr. 10; Rep. Altschiller, Rock. 19; Rep. Wazir, Merr. 17; Rep. K.
Murray, Rock. 24; Rep. Schultz, Merr. 18; Sen. Rosenwald, Dist 13; Sen. Whitley,
Dist 15
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill requires employers to provide paid sick time for employees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 590-FN - AS INTRODUCED
21-0766
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to paid sick time.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Findings. The general court finds that ensuring that working people have access to paid sick
2 time will help to protect the public’s health by minimizing the spread of contagious illnesses in the
3 workplace and ensure that working people and their families can address their own health and
4 safety needs. The general court further finds that enabling workers to have paid sick time to seek
5 early and routine medical care for themselves and their family members diminishes public and
6 private health care costs in New Hampshire and prevents disruptions to commerce in the event of a
7 public health emergency. The general court seeks to safeguard the public welfare, health, safety,
8 and prosperity of the people of, and visitors to, New Hampshire by ensuring that all individuals
9 employed in the state of New Hampshire are able to earn paid sick time.
10 2 New Chapter; Paid Sick Time for Employees. Amend RSA by inserting after chapter 275-H
11 the following new chapter:
12 CHAPTER 275-I
13 PAID SICK TIME FOR EMPLOYEES
14 275-I:1 Definitions. In this chapter:
15 I. “Commissioner” means the commissioner of the department of labor.
16 II. “Department” means the department of labor.
17 III. “Domestic violence” means “domestic violence” as defined in RSA 173-B:1, I.
18 IV. “Employee” means “employee” as defined in RSA 279:1, X and includes recipients of
19 public benefits who are engaged in work activity as a condition of receiving public assistance.
20 V. “Employer” means “employer” as defined in RSA 279:1, XI.
21 VI. “Family member” means:
22 (a) A biological, adopted, or foster child, stepchild or legal ward, a child of a domestic
23 partner, or a child to whom the employee stands in loco parentis.
24 (b) A biological, foster, stepparent, or adoptive parent, or legal guardian of an employee
25 or an employee’s spouse or domestic partner or a person who stood in loco parentis when the
26 employee was a minor child.
27 (c) A person to whom the employee is legally married under the laws of New Hampshire.
28 (d) A grandparent or spouse or domestic partner of a grandparent.
29 (e) A grandchild.
30 (f) A biological, foster, or adopted sibling or spouse, or domestic partner of a biological,
31 foster, or adopted sibling.
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1 VII. “Health care professional” means any person licensed under federal or state law to
2 provide medical or emergency services, including doctors, nurses, and emergency room personnel.
3 VIII. “Paid sick time” means time that is compensated at the same hourly rate for hourly
4 employees and at the prorated salaried basis for salaried employees performing no work during a
5 given period and with the same benefits, including health care benefits, as the employee normally
6 earns during hours worked and is provided by an employer to an employee for the purposes
7 described in RSA 275-I:3.
8 IX. “Retaliatory personnel action” means the discharge, suspension, or demotion by an
9 employer of an employee or any other adverse action taken by an employer against an employee and
10 includes any sanctions against a recipient of public benefits.
11 X. “Sexual assault” means “sexual assault” as defined in RSA 632-A.
12 XI. “Stalking” means “stalking” as defined as in RSA 633:3-a.
13 XII. “Public health emergency” means a declaration or proclamation related to a public
14 health threat, risk, disaster, or emergency that is made or issued by a federal, state, or local official
15 with the authority to make or issue such a declaration.
16 275-I:2 Accrual of Paid Sick Time.
17 I. All full or part-time employees who work in New Hampshire shall receive paid sick time
18 as provided in this chapter. Employees shall begin to accrue sick time upon being hired.
19 II. Employees shall accrue a minimum of one hour of paid sick time for every 30 hours
20 worked.
21 III. Employees shall not accrue or use more than 72 hours of paid sick time in a calendar
22 year, unless the employer selects a higher limit.
23 IV. Employees who are exempt from overtime requirements under 29 U.S.C. section
24 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to work 40 hours in each work
25 week for purposes of paid sick time accrual unless their normal work week is less than 40 hours, in
26 which case paid sick time accrues based upon such work week.
27 V. Paid sick time shall begin to accrue at the commencement of employment or on the
28 effective date of this chapter, whichever is later. Employees may use paid sick time as it is accrued.
29 VI. An Employee may carry over paid sick time to the following calendar year.
30 VII. Any employer with a paid time off policy who makes available an amount of paid time
31 off sufficient to meet the requirements of this chapter and which may be used for the same purposes
32 and under the same conditions as paid sick time under this chapter shall not be required to provide
33 additional paid sick time.
34 VIII. Nothing in this chapter shall be construed to require financial or other reimbursement
35 to an employee from an employer upon the employee’s termination, resignation, retirement, or other
36 separation from employment for accrued paid sick time that has not been used.
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1 IX. If an employee is rehired within 12 months of separation by the same employer,
2 previously accrued unused paid sick time shall be reinstated. If an employee is transferred to a
3 another entity, division, or location but remains employed by the same employer, the employee is
4 entitled to all paid sick time accrued with the employer in the previous entity, division, or location.
5 X. Employers may advance sick time to an employee ahead of accrual by such employee.
6 275-I:3 Use of Paid Sick Time.
7 I. Paid sick time shall be provided by an employer to an employee for:
8 (a) The employee's:
9 (1) Mental or physical illness, injury, or health condition;
10 (2) Need for medical diagnosis, care, or treatment of a mental or physical illness,
11 injury, or health condition; or
12 (3) Need for preventive medical care.
13 (b)(1) Caring for a family member with a mental or physical illness, injury, or health
14 condition;
15 (2) A family member's medical diagnosis, care, or treatment of a mental or physical
16 illness, injury, or health condition; or
17 (3) A family member's preventive medical care.
18 (c) Closure of the employee’s place of business by order of a public official due to a public
19 health emergency or an employee’s need to care for a child whose school or place of care has been
20 closed by order of a public official due to a public health emergency, or care for oneself or a family
21 member when it has been determined by the health authorities having jurisdiction or by a health
22 care provider that the employee’s or family member’s presence in the community may jeopardize the
23 health of others because of his or her exposure to a communicable disease, whether or not the
24 employee or family member has actually contracted the communicable disease; or
25 (d) Absence necessary due to domestic violence, sexual assault, or stalking, provided the
26 time is to:
27 (1) Seek medical attention for the employee or employee’s family member to recover
28 from physical or psychological injury or disability caused by domestic or sexual violence.
29 (2) Obtain services from a victim services organization.
30 (3) Obtain psychological or other counseling.
31 (4) Seek relocation due to the domestic or sexual violence or stalking.
32 (5) Take legal action, including preparing for or participating in any civil or criminal
33 legal proceeding related to or resulting from the domestic or sexual violence.
34 II. Paid sick time shall be provided upon the oral request of an employee. When possible,
35 the request shall include the expected duration of the absence.
36 III. When the use of paid sick time is foreseeable, the employee shall make a good faith
37 effort to provide notice of the need for such time to the employer in advance of the time and shall
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1 make a reasonable effort to schedule the use of paid sick time in a manner that does not unduly
2 disrupt the operations of the employer.
3 IV. An employer shall not require, as a condition of providing paid sick time under this
4 chapter, that the employee find a replacement worker to cover the hours during which the employee
5 is on paid sick time.
6 275-I:4 Exercise of Rights Protected.
7 I. No employer shall:
8 (a) Interfere with, restrain, deny the exercise of, or deny the attempt to exercise any
9 right protected under this chapter.
10 (b) Take retaliatory personnel action or discriminate against an employee because the
11 employee has exercised rights protected under this chapter.
12 (c) Count paid sick time taken under this chapter as an absence that may lead to or
13 result in discipline, discharge, demotion, suspension, or any other adverse action.
14 II. This chapter shall apply to any person who mistakenly, but in good faith, alleges
15 violations of this section.
16 III. There shall be a rebuttable presumption of unlawful retaliation whenever an employer
17 takes adverse action against an employee or former employee within 90 days of when that employee
18 or former employee:
19 (a) Files a complaint with the department or a court alleging a violation of any provision
20 of this section.
21 (b) Informs any person about an employer’s alleged violation of this section.
22 (c) Cooperates with the department or other persons in the investigation or prosecution
23 of any alleged violation of this section.
24 (d) Opposes any policy, practice, or act that is unlawful under this section.
25 (e) Informs any person of his or her rights under this section.
26 275-I:5 Notice and Posting.
27 I. Employers shall give notice:
28 (a) That employees are entitled to paid sick time;
29 (b) The amount of paid sick time;
30 (c) The terms of the use of sick guaranteed under this chapter;
31 (d) That retaliation against an employee who requests or uses paid sick time is
32 prohibited; and
33 (e) That each employee has the right to file a complaint or bring a civil action if sick time
34 as required by this chapter is denied by the employer or if the employee is retaliated against for
35 requesting or taking paid sick time.
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1 II. An employer shall provide each employee with a notice containing the information
2 required under paragraph I in English and in any language that is the first language spoken by at
3 least 5 percent of the employer’s workforce.
4 III. An employer shall display a poster in a conspicuous and accessible place in each
5 establishment where employees are employed that contains all information required under
6 paragraph I in English and in any language that is the first language spoken by at least 5 percent of
7 the employer’s workforce.
8 IV. The department shall create and make available to employers posters that contain the
9 information required under paragraph I.
10 275-I:6 Employer Records. An employer shall retain records that document the hours worked by
11 an employee and paid sick time taken by an employee, for a period of 5 years, and shall allow the
12 department access to such records, with appropriate notice and at a mutually agreeable time, to
13 monitor compliance with the requirements of this chapter. If the employer does not maintain or
14 retain adequate records documenting hours worked by the employee and paid sick time taken by the
15 employee, or does not allow the department reasonable access to such records, it shall be presumed
16 that the employer has violated the chapter, absent clear and convincing evidence otherwise.
17 275-I:7 Regulations.
18 I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the forms,
19 procedures, implementation, and enforcement of this chapter.
20 II. The commissioner shall coordinate implementation and enforcement of this chapter.
21 275-I:8 Enforcement.
22 I. The department shall enforce the provisions of this chapter. The department shall
23 establish a system using multiple means of communication to receive complaints of non-compliance
24 with this chapter and investigate complaints received by the department in a timely manner. The
25 department shall encourage reporting violations of this chapter by keeping the name and other
26 identifying information of the employee or person reporting the violation confidential to the extent
27 permitted by law. However, the department may disclose a person's name and identifying
28 information as necessary to enforce this section or for other appropriate purposes with the consent of
29 such person.
30 II. The department shall impose penalties and to grant an employee or former employee all
31 appropriate relief.
32 III. The department shall set fines for violations of this chapter.
33 IV. The department, the attorney general, or any person aggrieved by a violation of this
34 chapter, may bring a civil action in a court of competent jurisdiction against an employer. Such
35 action may be brought without first filing an administrative complaint.
36 V. A prevailing plaintiff shall recover the full amount of any unpaid earned sick time plus
37 any actual damages suffered as a result of the employer’s violation of this Chapter plus an equal
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1 amount of liquidated damages and shall be entitled to such legal or equitable relief as may be
2 appropriate, including, without limitation, reinstatement to employment, back pay, and injunctive
3 relief. Prevailing plaintiffs shall also be entitled to reasonable attorney’s fees.
4 VI. The statute of limitations for a civil action brought pursuant to this section shall be for a
5 period of 3 years from the date the alleged violation occurred or the date the employee knew or
6 should have known of the violation.
7 VII. Actions brought pursuant to this section may be brought as a class action under the
8 laws of New Hampshire.
9 275-I:9 Confidentiality and Nondisclosure. No employer shall require disclosure of details
10 relating to domestic violence, sexual assault, or stalking, or the details of an employee’s medical
11 condition as a condition of providing paid sick time under this chapter. If an employer possesses
12 health information or information pertaining to domestic violence, sexual assault, or stalking about
13 an employee or employee’s family member, such information shall be treated as confidential and not
14 disclosed except to the affected employee or with the permission of the affected employee.
15 275-I:10 Statutory Minimum for Sick Time Policies.
16 I. Nothing in thi