HB1173: HB1173 DeAndre Thompson Parental Bereavement Protection Act; enact

26 LC 52 0900 House Bill 1173 By: Representatives Scott of the 76th, McClain of the 109th, Davis of the 87th, and Schofield of the 63rd A BILL TO BE ENTITLED AN ACT To amend Titles 20, 34, and 45 of the Official Code of Georgia Annotated, relating to1 education, labor and industrial relations, and public officers and employees, respectively, so2 as to provide for limited bereavement leave and limited extende d compassionate leave for3 certain employees under certain conditions; to provide for defi nitions; to prohibit certain4 employer actions; to provide for a cause of action and remedy; to provide for rules and5 regulations; to provide for related matters; to provide for a short title; to repeal conflicting6 laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "DeAndre Thompson Parental Bereavement10 Protection Act."11 SECTION 2.12 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in13 Part 4 of Article 17 of Chapter 2, relating to sick, personal, and maternity leave relevant to14 H. B. 1173 - 1 - 26 LC 52 0900 teachers and other school personnel, by revising Code Section 20-2-851, relating to use of15 accumulated sick leave for personal or professional reasons, as follows:16 "20-2-851.17 (a) During any school year, personnel may utilize up to a maximum of three days of any18 accumulated sick leave for the purpose of absenting themselves from their duties for19 personal or professional reasons if prior approval of their abs ence is given by the local20 school superintendent or his or her authorized representative; provided, however, that the21 absence is not in conflict with a local board of education policy concerning school days on22 which the presence of the personnel requesting absence is essen tial for effective school23 operation. No grant of approval for an absence permitted under this Code section shall be24 conditioned upon disclosure of the specific purpose for which such absence is sought, nor25 shall any such grant of approval be withheld or denied because of the failure or refusal of26 personnel to disclose the specific purpose for which such an absence is sought; provided,27 however, that personnel may be requested to state whether the absence is sought under the28 category of 'personal' or 'professional' absence.29 (b) All personnel shall be entitled to bereavement leave and extended compassionate leave30 for qualified leave activities as provided for in Code Section 45-20-17.1, and such leave31 shall be provided unless doing so would disrupt effective schoo l operations; provided,32 however, that a local board of education may establish and set policies and procedures that33 require personnel to utilize other leave prior to or in conjunc tion with any extended34 compassionate leave."35 SECTION 3.36 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,37 is amended in Chapter 1, relating to general provisions, by adding a new Code section to read38 as follows:39 H. B. 1173 - 2 - 26 LC 52 0900 "34-1-11.40 (a) As used in this Code section, the term:41 (1) 'Bereavement leave' means leave an employee is allowed to use for qualified leave42 activities upon the death of an immediate family member.43 (2) 'Employee' means an individual who works for salary, wages, or other remuneration44 for an employer for at least 30 hours per week and has worked for such employer for six45 or more continuous months. Such term shall not include an eligible employee as defined46 in Code Section 45-20-17.1.47 (3) 'Employer' means any individual or entity that employs 25 or more employees. Such48 term shall not include an employing entity as defined in Code Section 45-20-17.1.49 (4) 'Extended compassionate leave' means leave an employee is allowed to use for50 qualified leave activities when an immediate family member dies by homicide or suicide,51 is killed in action or is declared missing in action while serv ing in the United States52 armed forces, or is reported as a missing person with local law enforcement.53 (5) 'Immediate family member' means an employee's child, spous e, grandchild,54 grandparent, sibling, or parent, or any dependents as shown in the employee's most recent55 tax return, or any such family member's spouse.56 (6) 'Qualified leave activities' means permissible activities for which an employee may57 use bereavement leave or extended compassionate leave. Such activities include, but are58 not limited to, making arrangements for, traveling to and from, and attending the funeral59 or alternative to a funeral of an immediate family member; maki ng legal, financial, or60 other necessary arrangements related to the death or missing st atus of an immediate61 family member; and attending mental health appointments with he althcare providers62 regarding the death or missing status of an immediate family member.63 (b) An employee shall be entitled to use a maximum of three wo r k d a y s o f p a i d64 bereavement leave and ten work days of unpaid bereavement leave per calendar year, and65 an employer shall provide such leave unless doing so would unduly disrupt the employer's66 H. B. 1173 - 3 - 26 LC 52 0900 operations. Such leave shall be completed within 60 days of the date an employee receives67 notice of the death of an immediate family member.68 (c) An employee shall be entitled to use a maximum of four wor k weeks of unpaid69 extended compassionate leave per calendar year, and an employer shall provide such leave70 unless doing so would unduly disrupt the employer's operations. Such leave shall be71 completed within one year of the date that the employee receives notice of the death of an72 immediate family member, notice of the missing in action status of an immediate family73 member, or the filing of a missing report of an immediate family member.74 (d) An employee shall provide an employer with at least 48 hours' advance notice of such75 employee's intention to use bereavement leave or extended compa ssionate leave, unless76 providing such notice is not reasonable and practicable.77 (e) An employer may require reasonable documentation of qualified leave activities. Such78 documentation may include a death certificate, published obituary, or written verification79 of death, burial, or memorial services from a mortuary, funeral home, burial society,80 crematorium, religious institution, or government agency.81 (f) Provided that the use of such leave under this Code sectio n is not likely to unduly82 disrupt the employer's operations, it shall be unlawful for an employer to take an adverse83 employment action against an employee because such employee use s or attempts to use84 leave under this Code section, opposes practices which such emp loyee believes to be in85 violation of this Code section, or supports another employee who uses or attempts to use86 leave under this Code section. Nothing in this subsection shall prevent an employer from87 taking an adverse employment action against an employee who sub m i t s a f a l s e o r88 fraudulent document or otherwise provides false or fraudulent information in an attempt89 to obtain leave under this Code section.90 (g) An employee who is entitled to paid or unpaid leave from e mployment pursuant to91 federal, state, or local law, a collective bargaining agreement, or an employment benefits92 program or plan may elect to substitute any period of such leave for an equivalent period93 H. B. 1173 - 4 - 26 LC 52 0900 of bereavement leave or extended compassionate leave. If addit ional leave beyond the94 leave provide for in subsections (b) and (c) of this Code section is necessary, the employee95 may use other leave, subject to the approval of the employer; provided, however, that the96 protections provided under subsection (f) of this Code section shall only apply to97 bereavement leave and extended compassionate leave. Unused ber eavement leave and98 extended compassionate leave shall have no cash value at the ti me of an employee's99 separation from employment with an employer.100 (h)(1) An individual may institute a civil action against an employer for violations of this101 Code section. Such action may be brought in any court of recor d in this state having102 jurisdiction over the defendant and shall be brought within 180 days after the alleged103 prohibited conduct occurred.104 (2) The court may order any or all of the following relief:105 (A) An injunction restraining continued violation of this Code section;106 (B) Reinstatement of such employee to the same position held b efore the adverse107 employment action or to an equivalent position;108 (C) Reinstatement of full fringe benefits and seniority rights;109 (D) Compensation for lost wages, benefits, and other remuneration; and110 (E) Reasonable attorney's fees, court costs, and expenses.111 (i) The department shall adopt rules and regulations for the purpose of implementing the112 provisions of this Code section."113 SECTION 4.114 Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,115 is amended in Article 1 of Chapter 20, relating to general prov isions relevant to personnel116 administration, by adding a new Code section to read as follows:117 "45-20-17.1.118 (a) As used in this Code section, the term:119 H. B. 1173 - 5 - 26 LC 52 0900 (1) 'Bereavement leave' means leave an eligible employee is allowed to use for qualified120 leave activities upon the death of an immediate family member.121 ( 2 ) ' E l i g i b l e e m p l o y e e ' s h a l l h a v e t h e s a m e m e a n i n g a s s e t f o rth in Code122 Section 45-20-17. Such term shall include an eligible employee employed on an hourly123 basis if he or she has worked a minimum of 700 hours over the s ix-month period124 immediately preceding the requested leave date.125 (3) 'Employing entity ' shall have the same meaning as set fort h in Code126 Section 45-20-17.127 (4) 'Extended compassionate leave' means leave an eligible employee is allowed to use128 for qualified leave activities when an immediate family member dies by homicide or129 suicide, is killed in action or is declared missing in action w hile serving in the United130 States armed forces, or is reported as a missing person with local law enforcement.131 (5) 'Immediate family member' means an eligible employee's child, spouse, grandchild,132 grandparent, sibling, or parent, or any dependents as shown in such employee's most133 recent tax return, or any such family member's spouse.134 (6) 'Qualified leave activities' means permissible activities for which an eligible135 employee may use bereavement leave or extended compassionate leave. Such activities136 include, but are not limited to, making arrangements for, trave ling to and from, and137 attending the funeral or alternative to a funeral of an immediate family member; making138 legal, financial, or other necessary arrangements related to the death or missing status of139 an immediate family member; and attending mental health appointments with healthcare140 providers regarding the death or missing status of an immediate family member.141 (b) All eligible employees shall be entitled to use a maximum of three work days of paid142 bereavement leave and ten work days of unpaid bereavement leave per calendar year, and143 an employing entity shall provide such leave unless doing so wo uld unduly disrupt such144 entity's operations. Such leave shall be completed within 60 d ays of the date such145 employee receives notice of the death of the immediate family member.146 H. B. 1173 - 6 - 26 LC 52 0900 (c) All eligible employees shall be entitled to use a maximum of four work weeks of147 unpaid extended compassionate leave per calendar year, and an e mploying entity shall148 provide such leave unless doing so would unduly disrupt such en tity's operations. Such149 leave shall be completed within one year of the date that such employee receives notice of150 the death of an immediate family member, notice of the missing in action status of an151 immediate family member, or the filing of a missing report of a n immediate family152 member.153 (d) An eligible employee shall provide an employing entity with at least 48 hours' advance154 notice of such employee's intention to use bereavement leave or extended compassionate155 leave, unless providing such notice is not reasonable and practicable.156 (e) An employing entity may require reasonable documentation o f qualified leave157 activities. Such documentation may include a death certificate , published obituary, or158 written verification of death, burial, or memorial services from a mortuary, funeral home,159 burial society, crematorium, religious institution, or government agency.160 (f) Provided that the use of such leave under this Code sectio n is not likely to unduly161 disrupt the employing entity's operations, it shall be unlawful for an employing entity to162 take an adverse employment action against an eligible employee because such employee163 uses or attempts to use leave under this Code section, opposes practices which such164 employee believes to be in violation of this Code section, or s upports another employee165 who uses or attempts to use leave under this Code section. Nothing in this subsection shall166 prevent an employing entity from taking an adverse employment action against an eligible167 employee who submits a false or fraudulent document or otherwis e provides false or168 fraudulent information in an attempt to obtain leave under this Code section.169 (g) An eligible employee who is entitled to paid or unpaid lea ve from employment170 pursuant to federal, state, or local law, a collective bargaini ng agreement, or an171 employment benefits program or plan may elect to substitute any period of such leave for172 an equivalent period of bereavement leave or extended compassionate leave. If additional173 H. B. 1173 - 7 - 26 LC 52 0900 leave beyond the leave provided for in subsections (b) and (c) of this Code section is174 necessary, an eligible employee may use other leave, subject to the approval of the175 employing entity; provided, however, that the protections provided under subsection (f) of176 this Code section shall only apply to bereavement leave and extended compassionate leave. 177 Unused bereavement leave and extended compassionate leave shall have no cash value at178 the time of an eligible employee's separation from employment with an employing entity.179 (h) Each employing entity shall promulgate rules for the administration of leave under this180 Code section for eligible employees which are not in conflict w ith this Code section;181 provided, however, that the State Personnel Board shall promulg ate such rules for any182 employing entity that is considered a department or agency as s uch terms are183 synonymously defined in paragraph (6) of Code Section 45-20-2.184 (i)(1) An eligible employee who has been the object of an adverse employment action185 in violation of this Code section may institute a civil action in superior court for relief186 within 180 days after the alleged prohibited conduct occurred.187 (2) The court may order any or all of the following relief:188 (A) An injunction restraining continued violation of this Code section;189 (B) Reinstatement of such employee to the same position held b efore the adverse190 employment action or to an equivalent position;191 (C) Reinstatement of full fringe benefits and seniority rights;192 (D) Compensation for lost wages, benefits, and other remuneration; and193 (E) Reasonable attorney's fees, court costs, and expenses."194 SECTION 5.195 All laws and parts of laws in conflict with this Act are repealed.196 H. B. 1173 - 8 -