HSB 116

This bill provides that railroad employees shall be entitled to take leave, including unpaid leave, for up to days in a 12-month period because of a birth or adoption of a son or daughter or because of a serious health condition of the employee or the employee’s son or daughter, spouse, or parent. The bill provides definitions for “applicable monthly guarantee”, “commissioner”, “eligible employee”, “parent”, “railroad employer”, “serious health condition”, “son or daughter”, and “spouse”. An eligible employee is defined as a person employed for at least months by the employer and who has worked or been paid for not less than 504 hours with such employer during the previous 12-month period or has worked or been paid for not less than percent of the employee’s applicable monthly guarantee. “Applicable monthly guarantee” is defined as the minimum number of hours a railroad employer has agreed to pay the employee or the minimum number of hours a railroad employer has agreed to schedule the employee. A “railroad employer” is defined as provided in the Code chapter governing wage payment collection as a person who employs a natural person for wages for a railroad. The bill provides for how the leave will be taken, whether paid or unpaid, and that an eligible employee should make an effort to provide advance notice that the leave may be taken. The bill provides that a railroad employer who violates this Code chapter commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. The bill provides that the labor commissioner shall adopt rules to implement and enforce this new Code chapter.