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H. B. No. 647 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Foley, Ashford, Letson, Phillips, Cera, Antonio, Sheehy, Barborak
A BILL
To enact sections 4113.81, 4113.82, 4113.83, 4113.84,
and 4113.85 of the Revised Code to require paid
leave for an employee who is quarantined or placed
in isolation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4113.81, 4113.82, 4113.83, 4113.84,
and 4113.85 of the Revised Code be enacted to read as follows:
Sec. 4113.81. As used in sections 4113.81 to 4113.85 of the
Revised Code:
(A) "Employee" means an individual employed by an employer in
the business of the employer.
(B) "Employer" means an individual or entity that employs one
or more individuals in the state.
(C) "Quarantine or isolation pay" means payment of an amount
equal to an employee's normal rate of pay for every hour during
which the employee would normally be scheduled to work.
(D) "Paid leave" includes paid sick leave, paid vacation
leave, paid personal leave, other paid time off, and any
combination of those types of leave.
(E) "Quarantined or isolated employee" means an employee who
is unable to work because the employee has been quarantined or
isolated under an order or regulation made or issued by any of the
following:
(1) The board of health of a city health district pursuant to
section 3709.20 of the Revised Code;
(2) The board of health of a general health district pursuant
to section 3709.21 of the Revised Code;
(3) A health commissioner pursuant to section 3707.34 of the
Revised Code;
(4) The department of health pursuant to section 3701.13 of
the Revised Code;
(5) The director of the United States centers for disease
control and prevention pursuant to 42 C.F.R. part 70 or 71 or any
other federal agency pursuant to federal law.
Sec. 4113.82. (A) Within seven days after an employee
becomes a quarantined or isolated employee, the employee shall
notify the employee's employer of the employee's status.
(B) Every employer shall provide quarantine or isolation pay
to a quarantined or isolated employee for the duration of the
employee's status as a quarantined or isolated employee.
(C) No employer shall require a quarantined or isolated
employee to use paid leave accrued by the employee for the time
period the employee is a quarantined or isolated employee.
(D) An employee's failure to provide notice to an employer as
required under division (A) of this section does not affect the
remedies available to the employee under section 4113.84 or
4113.85 of the Revised Code.
Sec. 4113.83. (A) No employer shall fail to comply with
section 4113.82 of the Revised Code.
(B) No employer shall terminate the employment, discipline,
suspend, constructively discharge, demote, unfavorably reassign,
refuse to promote, or take other adverse employment action against
an employee because the employee has done either of the following:
(1) Failed to report to work because the employee is a
quarantined or isolated employee;
(2) Requested to receive quarantine or isolation pay pursuant
to section 4113.82 of the Revised Code for a period during which
the employee is a quarantined or isolated employee.
Sec. 4113.84. (A) Any employee who believes the employee has
been injured by a violation of section 4113.83 of the Revised Code
may file a complaint with the director of job and family services
alleging a violation of that section. The employee shall file the
complaint within one year after the alleged violation occurred.
(B) Upon receiving a complaint filed under division (A) of
this section, the director may conduct an investigation to
determine whether it is probable that the employer has violated
section 4113.83 of the Revised Code.
(C) If, after the investigation, the director has reasonable
cause to believe that a violation has occurred, the director shall
issue notice to the employer and employee and hold a hearing
pursuant to section 119.09 of the Revised Code to determine
whether a violation has occurred.
(D) If, after the hearing, the director determines that the
employer has violated section 4113.83 of the Revised Code, the
director may order all appropriate relief from the employer,
including all of the following:
(1) Rehiring or reinstatement of the employee to the
employee's previous position;
(2) Payment of back wages;
(3) Reestablishment of employee benefits to which the
employee otherwise would have been entitled.
(E) Any party may appeal an order of the director issued
under division (D) of this section to the court of common pleas of
the county in which the violation is alleged to have occurred.
Sec. 4113.85. (A) Any employee who believes the employee has
been injured by a violation of section 4113.83 of the Revised Code
may file a civil action in the court of common pleas of the county
in which the violation allegedly occurred. The employee shall
bring the action within one year after the alleged violation
occurred.
(B) A court of common pleas that finds that a violation of
section 4113.83 of the Revised Code has occurred may order all
appropriate relief including damages, injunctive relief, or a
civil penalty in an amount fixed by the court.
(C) An employee who believes the employee has been injured by
an alleged violation of section 4113.83 of the Revised Code is not
required to file a complaint with the director of job and family
services or to otherwise exhaust the employee's remedies under
section 4113.84 of the Revised Code before filing a civil action
under this section.
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