AN ACT relating to leave from employment.

UNOFFICIAL COPY 26 RS BR 257
Page 1 of 5
XXXX 12/12/2025 9:19 AM Jacketed
AN ACT relating to leave from employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 337.415 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Crime" means an offense designated by law as a felony or misdemeanor; 5
(b) "Immediate family" means the parent, stepparent, child, stepchild, sibling, 6
spouse, grandparent, or legal guardian of the victim or any person involved 7
in an intimate relationship and residing in the same household with the 8
victim; and 9
(c) "Victim": 10
1. Means any person who suffers direct or threatened physical, 11
emotional, psychological, or financial harm as a result of the 12
commission or the attempted commission of a crime; and 13
2. Includes the immediate family of any victim who is a minor or legally 14
disabled as defined in KRS 387.510(8), or the immediate family of a 15
homicide victim. 16
(2) An[No] employer shall not discharge an employee for taking time off, as required 17
by law, to appear in any duly constituted local, state , or federal court or duly 18
constituted administrative tribunal or hearing [ if such employee, prior to taking 19
such time off, gives notice to the employer that he is required to serve by presenting 20
a copy of the court or administrative certificate to said employer]. 21
(3) An employer shall not d ischarge, discriminate, or retaliate against an employee 22
who is a victim of a crime and takes leave from work to attend court or other legal 23
or investigative proceedings associated with the prosecution of the crime. 24
(4) An employee shall give the employer reasonable notice of intent to take leave by 25
providing the employer with a copy of the notice of each scheduled hearing, 26
conference, or meeting that is provided to the employee by the court or agency 27
UNOFFICIAL COPY 26 RS BR 257
Page 2 of 5
XXXX 12/12/2025 9:19 AM Jacketed
responsible for providing notice to the employee unless such prior notice is not 1
practicable, in which case the employee shall provide documentation to the 2
employer within two (2) business days after returning to work. 3
(5) If notice is provided in accordance with subsection (4) of this section, it shall be a 4
violation of this section for an employer to deny leave to the employee. 5
(6) An employee who takes leave from work pursuant to this section may elect to use, 6
or an employer may require the employee to use, the employee's accrued vacation 7
time, personal leav e time, compensatory time, or sick leave time. An employer 8
shall have the discretion to determine whether to pay an employee for leave taken 9
from work pursuant to this section if the employee has no accrued paid leave 10
time. 11
(7) An employer shall maintain t he confidentiality of any verbal communication, 12
written documentation, or record submitted by an employee related to the 13
employee's request for leave pursuant to this section. 14
(8) Any employer who willfully or intentionally violates subsection (3) or (7) o f this 15
section shall, in addition to being assessed a civil penalty, give rise to a private 16
right of action for any reputational or actual damages suffered by the employee. 17
(9) The penalty for [such ] unlawful discharge in violation of this section may 18
include[,] but is not limited to [,] reemployment, assessment of court costs, 19
appropriate attorney's[attorney] fees, and back pay as ordered by a court of 20
competent jurisdiction. 21
Section 2. KRS 337.990 is amended to read as follows: 22
The following civil penalties shall be imposed by the Education and Labor Cabinet, in 23
accordance with the provisions in KRS 336.985, for violations of the provisions of this 24
chapter: 25
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 26
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 27
UNOFFICIAL COPY 26 RS BR 257
Page 3 of 5
XXXX 12/12/2025 9:19 AM Jacketed
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 1
wages when due him or her under KRS 337.020 shall constitute a separate offense. 2
(2) Any employer who violates KRS 337.050 shall be assessed a civil penalty of not 3
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 4
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalt y of not 5
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 6
for each offense and shall make full payment to the employee by reason of the 7
violation. Each failure to pay an employee the wages as required by KRS 337.055 8
shall constitute a separate offense. 9
(4) Any employer who violates KRS 337.060 shall be assessed a civil penalty of not 10
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 11
and shall also be liable to the affected employee for the amoun t withheld, plus 12
interest at the rate of ten percent (10%) per annum. 13
(5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil 14
penalty of not less than one hundred dollars ($100) nor more than one thousand 15
dollars ($1,000) for each offense and shall make full payment to the employee by 16
reason of the violation. 17
(6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty 18
of not less than one hundred dollars ($100) nor more than one thousand dollars 19
($1,000) for each offense and each day that the failure continues shall be deemed a 20
separate offense. 21
(7) Any employer who violates any provision of KRS 337.275 to 337.325, KRS 22
337.345, and KRS 337.385 to 337.405, or willfully hinders or delays the 23
commissioner or the commissioner's authorized representative in the performance 24
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 25
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 26
make any record or transc ription thereof accessible to the commissioner or the 27
UNOFFICIAL COPY 26 RS BR 257
Page 4 of 5
XXXX 12/12/2025 9:19 AM Jacketed
commissioner's authorized representative shall be assessed a civil penalty of not 1
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 2
A civil penalty of not less than one t housand dollars ($1,000) shall be assessed for 3
any subsequent violation of KRS 337.285(4) to (9) and each day the employer 4
violates KRS 337.285(4) to (9) shall constitute a separate offense and penalty. 5
(8) Any employer who pays or agrees to pay wages at a rate less than the rate 6
applicable under KRS 337.275 and 337.285, or any wage order issued pursuant 7
thereto shall be assessed a civil penalty of not less than one hundred dollars ($100) 8
nor more than one thousand dollars ($1,000). 9
(9) Any employer who dis charges or in any other manner discriminates against any 10
employee because the employee has made any complaint to his or her employer, to 11
the commissioner, or to the commissioner's authorized representative that he or she 12
has not been paid wages in accordan ce with KRS 337.275 and 337.285 or 13
regulations issued thereunder, or because the employee has caused to be instituted 14
or is about to cause to be instituted any proceeding under or related to KRS 15
337.385, or because the employee has testified or is about to testify in any such 16
proceeding, shall be deemed in violation of KRS 337.275 to 337.325, KRS 337.345, 17
and KRS 337.385 to 337.405 and shall be assessed a civil penalty of not less than 18
one hundred dollars ($100) nor more than one thousand dollars ($1,000). 19
(10) Any employer who violates KRS 337.365 shall be assessed a civil penalty of not 20
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 21
(11) A person shall be assessed a civil penalty of not less than one hundred dollars 22
($100) nor more than one thousand dollars ($1,000) when that person discharges or 23
in any other manner discriminates against an employee because the employee has: 24
(a) Made any complaint to his or her employer, the commissioner, or any other 25
person; or 26
(b) Instituted, or caused to be instituted, any proceeding under or related to KRS 27
UNOFFICIAL COPY 26 RS BR 257
Page 5 of 5
XXXX 12/12/2025 9:19 AM Jacketed
337.420 to 337.433; or 1
(c) Testified, or is about to testify, in any such proceedings. 2
(12) Any employer who violates Section 1 of this Act shall be assessed a civil penalty 3
of not less than one hundred dollars ($100) nor more than one thousand dollars 4
($1,000) for each offense. Each day the employer fails to grant leave to an 5
employee as required under subsection (5) of Section 1 of this Act shall constitute 6
a separate offense. 7