AN ACT relating to leave from employment.

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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 14
incompetent, or the immediate family of a homicide victim. 15
(2) An[No] employer shall not discharge an employee for taking time off, as required 16
by law, to appear in any duly constituted local, state , or federal court or duly 17
constituted administrative tribunal or heari ng[ if such employee, prior to taking 18
such time off, gives notice to the employer that he is required to serve by presenting 19
a copy of the court or administrative certificate to said employer]. 20
(3) An employer shall not discharge or in any manner discrimi nate or retaliate 21
against an employee who is a victim of a crime because the employee takes leave 22
from work to attend court or other legal or investigative proceedings associated 23
with the prosecution of the crime. 24
(4) Before an employee may take leave from work pursuant to this section, the 25
employee shall give the employer reasonable notice of intent to take leave by 26
providing the employer with a copy of the notice of each scheduled hearing, 27
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conference, or meeting that is provided to the employee by the cou rt or agency 1
responsible for providing notice to the employee unless prior notice by the 2
employee is not practicable, in which case the employee shall provide 3
documentation to the employer within two (2) business days after returning to 4
work. 5
(5) If an emp loyee acts in accordance with subsection (4) of this section, it shall be a 6
violation of this section for an employer to deny leave to the employee. 7
(6) An employee who takes leave from work pursuant to this section may elect to use, 8
or an employer may re quire the employee to use, the employee's accrued vacation 9
time, personal leave time, compensatory time, or sick leave time. An employer 10
shall have the discretion to determine whether to pay an employee for leave taken 11
from work pursuant to this section if the employee has no accrued paid leave 12
time. 13
(7) An employer shall maintain the confidentiality of any verbal communication, 14
written document, or record submitted by an employee relative to the employee's 15
request for leave pursuant to this section. 16
(8) Any employer who willfully and intentionally violates subsection (3) or (7) of this 17
section may, in addition to being assessed a civil penalty, be liable to a civil cause 18
of action in Circuit Court to enjoin further violations and to recover the actual 19
damages sustained, together with the costs of the lawsuit, including a reasonable 20
fee for the individual's attorney of record. 21
(9) The penalty for [such ] unlawful discharge in violation of this section may 22
include[,] but is not limited to [,] reemployment, asse ssment of court costs, 23
appropriate attorney 's fees, and back pay as ordered by a court of competent 24
jurisdiction. 25
Section 2. KRS 337.990 is amended to read as follows: 26
The following civil penalties shall be imposed by th e Education and Labor Cabinet, in 27
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accordance with the provisions in KRS 336.985, for violations of the provisions of this 1
chapter: 2
(1) Any firm, individual, partnership, or corporation that violates KRS 337.020 shall be 3
assessed a civil penalty of not less than one hundred dollars ($100) nor more than 4
one thousand dollars ($1,000) for each offense. Each failure to pay an employee the 5
wages when due him or her under KRS 337.020 shall constitute a separate offense. 6
(2) Any employer who violates KRS 337.050 sh all be assessed a civil penalty of not 7
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 8
(3) Any employer who violates KRS 337.055 shall be assessed a civil penalty of not 9
less than one hundred dollars ($100) nor more than o ne thousand dollars ($1,000) 10
for each offense and shall make full payment to the employee by reason of the 11
violation. Each failure to pay an employee the wages as required by KRS 337.055 12
shall constitute a separate offense. 13
(4) Any employer who violates KR S 337.060 shall be assessed a civil penalty of not 14
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) 15
and shall also be liable to the affected employee for the amount withheld, plus 16
interest at the rate of ten percent (10%) per annum. 17
(5) Any employer who violates the provisions of KRS 337.065 shall be assessed a civil 18
penalty of not less than one hundred dollars ($100) nor more than one thousand 19
dollars ($1,000) for each offense and shall make full payment to the employee by 20
reason of the violation. 21
(6) Any person who fails to comply with KRS 337.070 shall be assessed a civil penalty 22
of not less than one hundred dollars ($100) nor more than one thousand dollars 23
($1,000) for each offense and each day that the failure continues s hall be deemed a 24
separate offense. 25
(7) Any employer who violates any provision of KRS 337.275 to 337.325, [KRS 26
]337.345, and [KRS ] 337.385 to 337.405, or willfully hinders or delays the 27
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commissioner or the commissioner's authorized representative in the pe rformance 1
of his or her duties under KRS 337.295, or fails to keep and preserve any records as 2
required under KRS 337.320 and 337.325, or falsifies any record, or refuses to 3
make any record or transcription thereof accessible to the commissioner or the 4
commissioner's authorized representative shall be assessed a civil penalty of not 5
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 6
A civil penalty of not less than one thousand dollars ($1,000) shall be assessed for 7
any subseq uent violation of KRS 337.285(4) to (9) and each day the employer 8
violates KRS 337.285(4) to (9) shall constitute a separate offense and penalty. 9
(8) Any employer who pays or agrees to pay wages at a rate less than the rate 10
applicable under KRS 337.275 and 337.285, or any wage order issued pursuant 11
thereto shall be assessed a civil penalty of not less than one hundred dollars ($100) 12
nor more than one thousand dollars ($1,000). 13
(9) Any employer who discharges or in any other manner discriminates against any 14
employee because the employee has made any complaint to his or her employer, to 15
the commissioner, or to the commissioner's authorized representative that he or she 16
has not been paid wages in accordance with KRS 337.275 and 337.285 or 17
regulations issued the reunder, or because the employee has caused to be instituted 18
or is about to cause to be instituted any proceeding under or related to KRS 19
337.385, or because the employee has testified or is about to testify in any such 20
proceeding, shall be deemed in viola tion of KRS 337.275 to 337.325, [KRS 21
]337.345, and [KRS ]337.385 to 337.405 and shall be assessed a civil penalty of not 22
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 23
(10) Any employer who violates KRS 337.365 shall be a ssessed a civil penalty of not 24
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). 25
(11) A person shall be assessed a civil penalty of not less than one hundred dollars 26
($100) nor more than one thousand dollars ($1,000) when th at person discharges or 27
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in any other manner discriminates against an employee because the employee has: 1
(a) Made any complaint to his or her employer, the commissioner, or any other 2
person; or 3
(b) Instituted, or caused to be instituted, any proceeding unde r or related to KRS 4
337.420 to 337.433; or 5
(c) Testified, or is about to testify, in any such proceedings. 6
(12) Any employer who violates Section 1 of this Act shall be assessed a civil penalty 7
of not less than one hundred dollars ($100) nor more than one thousand dollars 8
($1,000) for each offense. Each day the employer fails to grant leave to an 9
employee as required under subsection (5) of Section 1 of this Act shall constitute 10
a separate offense. 11