HB 532 - AS INTRODUCED

 

 

2019 SESSION

19-0331

04/01

 

HOUSE BILL 532

 

AN ACT relative to payment for earned but unused vacation or personal time.

 

SPONSORS: Rep. Cahill, Rock. 17; Rep. Renzullo, Hills. 37; Rep. Ley, Ches. 9; Rep. Spang, Straf. 6; Rep. Cordelli, Carr. 4; Rep. Camarota, Hills. 7; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill requires an employer to pay its employees for earned but unused vacation or personal time.  The bill also requires employers to pay terminated employees for vacation time and personal time.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0331

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to payment for earned but unused vacation or personal time.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Day's Work; Days of Rest; Vacation or Personal Time.  Amend RSA 275 by inserting after section 35 the following new section:

275:35-a  Vacation or Personal Time.  

I.  An employer that offers paid vacation or personal time to its employees shall comply with the following:

(a)  Inform employees in writing of any policy regarding accrual or use of vacation or personal time and any limits on accrual or use.

(b)  Provide a means through which vacation or personal time requests and approvals are processed.

(c)  Provide employees with an accounting of vacation or personal hours used and vacation or personal hours remaining on the employee's pay statement.

II.  If, upon reaching the employee's date of hire anniversary or the end of annual vacation or personal time accrual period, an employee has unused vacation or personal hours in excess of the accrual limit, the accrual of vacation or personal hours shall continue and the employer shall grant the employee an additional 90 days in which to use the excess vacation or personal hours.  

III.  If the employer denies an employee’s written request to take accrued unused vacation or personal time due to the needs of the business, then the employer shall grant the employee an additional 90 days in which to use the excess vacation or personal hours.  If vacation or personal hours remain unused at the end of 90 days, the employer shall pay the employee for any unused accrued vacation or personal time in excess of those that may be carried over per employer policy.

IV.  In this section, "vacation or personal time" shall include annual and personal leave time.

2  New Paragraph; Protective Legislation; Wages.  Amend RSA 275:43 by inserting after paragraph V the following new paragraph:

V-a.  Upon termination of employment for any reason, an employer shall, no later than the next regular pay period, pay an employee for unused vacation time or personal time at the employee's final regular rate.

V-b.  In this section, "vacation time" shall include annual and personal leave time.

3  Effective Date.  This act shall take effect 60 days after its passage.