Bill Text: AZ HB2116 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Bereavement leave; death of child
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-16 - House read second time [HB2116 Detail]
Download: Arizona-2020-HB2116-Introduced.html
PREFILED JAN 08 2020
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REFERENCE TITLE: bereavement leave; death of child |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2116 |
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Introduced by Representative Lawrence
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AN ACT
amending Title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Bereavement leave; death of a child; civil penalty; definitions
A. An employer shall grant and an eligible employee may use up to a total of two work weeks of unpaid bereavement leave during any twelve‑month period for any of the following purposes:
1. To attend the funeral or burial service of the eligible employee's child.
2. To make any arrangements resulting from the death of the eligible employee's child.
3. To grieve the death of the eligible employee's child.
B. Notwithstanding subsection A of this section, if more than one child of an eligible employee dies within a twelve‑month period, the employer shall grant and the eligible employee may use up to a total of six work weeks of unpaid bereavement leave during any twelve‑month period for the purposes described in subsection A of this section.
C. An ELIGIBLE employee shall take any bereavement leave pursuant to this section within sixty days after the date on which the eligible employee receives notice of the death of the eligible employee's child.
D. An eligible employee shall provide the eligible employee's employer at least forty‑eight hours notice of the eligible employee's intention to take bereavement leave pursuant to this section unless providing notice is not reasonable and practicable.
E. An employer may require an eligible employee to provide reasonable documentation that the eligible employee is entitled to bereavement leave pursuant to this section, including:
1. A death certificate.
2. A published obituary.
3. Other verification of death, burial or funeral or burial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.
F. An eligible employee may use other forms of paid leave concurrently with any bereavement leave taken pursuant to this section.
G. An employer may not take any adverse employment action against an eligible employee who uses bereavement leave pursuant to this section.
H. The industrial commission of Arizona may impose a civil penalty of not more than $500 for a first violation and not more than $1,000 for each subsequent violation against an employer who knowingly violates this section.
I. The industrial commission of Arizona may adopt any rules necessary to carry out this section.
J. For the purposes of this section:
1. "Child" means a person of any age who is any of the following:
(a) A biological, adopted or foster child.
(b) A stepchild.
(c) A legal ward.
(d) A child of a person standing in loco parentis.
2. "Eligible employee" means an employee who meets the employment eligibility requirements for leave as prescribed in 29 United States Code section 2611 of the family and medical leave act of 1993 (P.L. 103‑3; 107 Stat. 6).
3. "Employer" means an employer that is required to comply with the FAMILY AND MEDICAL LEAVE ACT OF 1993 (P.L. 103-3; 107 STAT. 6).
