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SB 1115Arizona · 57th-2nd-regular

AHCCCS; remote work; prohibition

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Be it enacted by the Legislature of the State of Arizona:Section 1. Heading changeThe chapter heading of title 41, chapter 57, Arizona RevisedStatutes, is changed from "MISCELLANEOUS" to "STATE AGENCIES GENERALLY".Sec. 2. Title 41, chapter 57, Arizona Revised Statutes, is amendedby adding article 2, to read:ARTICLE 2. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM41-5911. Remote work; prohibition; definitionsA. THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM MAY NOT ALLOWTHE AGENCY'S EMPLOYEES TO WORK REMOTELY.B. FOR THE PURPOSES OF THIS SECTION:1. "AGENCY" MEANS THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM.2. "WORK REMOTELY" MEANS THE EMPLOYEE'S PRIMARY WORKSITE IS NOT THEAGENCY'S WORKSITE AND THE EMPLOYEE IS NOT EXPECTED TO REGULARLY REPORT TOTHE AGENCY'S WORKSITE ON A REGULAR AND RECURRING BASIS.Strike everything after the enacting clause and insert:"Section 1. Title 23, chapter 2, Arizona Revised Statutes, isamended by adding article 8.2, to read:ARTICLE 8.2. FAMILY AND MEDICAL LEAVE23-382. DefinitionsIN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:1. "ABUSE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3623.2. "APPLICATION YEAR" MEANS THE TWELVE-MONTH PERIOD BEGINNING ONTHE FIRST DAY OF THE CALENDAR WEEK IN WHICH AN INDIVIDUAL FILES ANAPPLICATION FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.3. "AVERAGE WEEKLY WAGE" MEANS ONE-THIRTEENTH OF THE COVEREDINDIVIDUAL'S TOTAL WAGES FOR COVERED WORK PAID DURING THE QUARTER OF THEPERSON'S BASE PERIOD IN WHICH SUCH TOTAL WAGES WERE HIGHEST.4. "BASE PERIOD" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-605.5. "COMMISSION" MEANS THE INDUSTRIAL COMMISSION OF ARIZONA.6. "COVERED INDIVIDUAL" MEANS ANY PERSON WHO MEETS ALL OF THEFOLLOWING REQUIREMENTS:(a) MEETS ONE OF THE FOLLOWING:(i) HAS BEEN PAID WAGES FOR COVERED WORK DURING THE INDIVIDUAL'SBASE PERIOD EQUAL TO AT LEAST ONE AND ONE-HALF TIMES THE WAGES PAID TO THEINDIVIDUAL IN THE CALENDAR QUARTER OF THE INDIVIDUAL'S BASE PERIOD INWHICH THE WAGES WERE HIGHEST, AND THE INDIVIDUAL HAS BEEN PAID WAGES FORCOVERED WORK IN ONE CALENDAR QUARTER OF THE INDIVIDUAL'S BASE PERIOD EQUALTO AN AMOUNT THAT IS EQUAL TO AT LEAST THREE HUNDRED NINETY TIMES THEMINIMUM WAGE PRESCRIBED BY SECTION 23-363 THAT IS IN EFFECT WHEN THEINDIVIDUAL FILES A CLAIM FOR BENEFITS.(ii) HAS BEEN PAID WAGES FOR COVERED WORK DURING AT LEAST TWOQUARTERS OF THE INDIVIDUAL'S BASE PERIOD AND THE AMOUNT OF THE WAGES PAIDIN ONE QUARTER WOULD BE SUFFICIENT TO QUALIFY THE INDIVIDUAL FOR THEMAXIMUM WEEKLY BENEFIT AMOUNT PAYABLE UNDER THIS ARTICLE AND THE TOTAL OFTHE INDIVIDUAL'S BASE-PERIOD WAGES IS EQUAL TO OR GREATER THAN THE TAXABLELIMIT FOR UNEMPLOYMENT INSURANCE AS SPECIFIED IN SECTION 23-622,SUBSECTION B, PARAGRAPH 1.(iii) IS SELF-EMPLOYED, ELECTS COVERAGE AND MEETS THE REQUIREMENTSOF SECTION 23-382.12.(b) MEETS THE ADMINISTRATIVE REQUIREMENTS OUTLINED IN THIS ARTICLEAND IN RULES ADOPTED PURSUANT TO THIS ARTICLE.(c) SUBMITS AN APPLICATION.7. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.8. "DOMESTIC VIOLENCE" HAS THE SAME MEANING PRESCRIBED IN SECTION13-3601.9. "EMPLOYEE" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-362.10. "EMPLOYER" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-371,EXCEPT THAT AN EMPLOYER ALSO INCLUDES THIS STATE.11. "FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS" MEANS THEBENEFITS PROVIDED UNDER THIS ARTICLE.12. "FAMILY MEMBER" HAS THE SAME MEANING PRESCRIBED IN SECTION23-371.13. "HEALTH CARE PROVIDER" MEANS ANY PERSON LICENSED UNDER FEDERALLAW OR THE LAWS OF THIS STATE TO PROVIDE MEDICAL OR EMERGENCY SERVICES,INCLUDING DOCTORS, NURSES AND EMERGENCY ROOM PERSONNEL, OR CERTIFIEDMIDWIVES.14. "QUALIFYING EXIGENCY LEAVE" MEANS LEAVE BASED ON A NEED ARISINGOUT OF A COVERED INDIVIDUAL'S FAMILY MEMBER'S ACTIVE DUTY SERVICE ORNOTICE OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORCES,INCLUDING ANY OF THE FOLLOWING:(a) PROVIDING FOR THE CARE OR OTHER NEEDS OF THE MILITARY MEMBER'SCHILD OR OTHER FAMILY MEMBER.(b) MAKING FINANCIAL OR LEGAL ARRANGEMENTS FOR THE MILITARY MEMBER.(c) ATTENDING COUNSELING.(d) ATTENDING MILITARY EVENTS OR CEREMONIES.(e) SPENDING TIME WITH THE MILITARY MEMBER DURING A REST ANDRECUPERATION LEAVE OR FOLLOWING RETURN FROM DEPLOYMENT.(f) MAKING ARRANGEMENTS FOLLOWING THE DEATH OF THE MILITARY MEMBER.15. "RETALIATORY PERSONNEL ACTION":(a) MEANS DENIAL OF ANY RIGHT GUARANTEED UNDER THIS ARTICLE,INCLUDING EITHER OF THE FOLLOWING:(i) ANY THREAT, DISCHARGE, SUSPENSION, DEMOTION OR REDUCTION OFHOURS OR ANY OTHER ADVERSE ACTION AGAINST AN EMPLOYEE FOR THE EXERCISE OFANY RIGHT GUARANTEED IN THIS ARTICLE.(ii) REPORTING OR THREATENING TO REPORT AN EMPLOYEE'S SUSPECTEDCITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP ORIMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO A FEDERAL, STATEOR LOCAL AGENCY.(b) INCLUDES INTERFERENCE WITH OR PUNISHMENT FOR IN ANY MANNERPARTICIPATING IN OR ASSISTING AN INVESTIGATION, PROCEEDING OR HEARINGUNDER THIS ARTICLE.16. "SAFE LEAVE" MEANS, NOTWITHSTANDING SECTION 13-4439, ABSENCENECESSARY DUE TO DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING, IFTHE LEAVE IS TO ALLOW THE COVERED INDIVIDUAL TO OBTAIN FOR THE COVEREDINDIVIDUAL OR THE COVERED INDIVIDUAL'S FAMILY MEMBER ANY OF THE FOLLOWING:(a) MEDICAL ATTENTION NEEDED TO RECOVER FROM PHYSICAL ORPSYCHOLOGICAL INJURY OR DISABILITY CAUSED BY DOMESTIC VIOLENCE, SEXUALVIOLENCE, ABUSE OR STALKING.(b) SERVICES FROM A DOMESTIC VIOLENCE OR SEXUAL VIOLENCE PROGRAM ORVICTIM SERVICES ORGANIZATION.(c) PSYCHOLOGICAL OR OTHER COUNSELING.(d) RELOCATION OR TAKING STEPS TO SECURE AN EXISTING HOME DUE TOTHE DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING.(e) LEGAL SERVICES, INCLUDING PREPARING FOR OR PARTICIPATING IN ANYCIVIL OR CRIMINAL LEGAL PROCEEDING RELATED TO OR RESULTING FROM THEDOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING.17. "SERIOUS HEALTH CONDITION" HAS THE SAME MEANING PRESCRIBED INSECTION 101 OF THE FAMILY AND MEDICAL LEAVE ACT OF 1993 (P.L. 103-3; 107STAT. 6; 29 UNITED STATES CODE SECTION 2611).18. "SEXUAL VIOLENCE" HAS THE SAME MEANING PRESCRIBED IN SECTION23-371.19. "STALKING" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-371.20. "STATE AVERAGE WEEKLY WAGE" MEANS THE AVERAGE MONTHLY WAGE, ASCALCULATED UNDER SECTION 23-1041, SUBSECTION E, DIVIDED BY 4.5.23-382.01. Eligibility for benefitsBEGINNING JANUARY 1, 2029, FAMILY AND MEDICAL LEAVE INSURANCEBENEFITS ARE PAYABLE TO AN INDIVIDUAL WHO BOTH:1. MEETS THE DEFINITION OF COVERED INDIVIDUAL UNDER THIS ARTICLE.2. MEETS ONE OF THE FOLLOWING REQUIREMENTS:(a) BECAUSE OF BIRTH, ADOPTION OR PLACEMENT THROUGH FOSTER CARE, ISCARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER THE BIRTH, ADOPTION ORPLACEMENT OF THAT CHILD.(b) IS CARING FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION.(c) IS PREGNANT OR RECOVERING FROM CHILDBIRTH OR HAS AN ILLNESS,INJURY, IMPAIRMENT OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENTCARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL MEDICAL CARE FACILITY ORCONTINUING TREATMENT BY A HEALTH CARE PROVIDER AND THAT MAKES THE COVEREDINDIVIDUAL UNABLE TO PERFORM THE FUNCTIONS OF THE EMPLOYEE'S POSITION.(d) QUALIFIES FOR QUALIFYING EXIGENCY LEAVE ARISING OUT OF THE FACTTHAT THE FAMILY MEMBER OF THE COVERED INDIVIDUAL IS ON ACTIVE DUTY OR HASBEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMEDFORCES.(e) IS IN NEED OF SAFE LEAVE.23-382.02. Duration of benefitsA. THE MAXIMUM NUMBER OF WEEKS DURING WHICH FAMILY AND MEDICALLEAVE INSURANCE BENEFITS ARE PAYABLE TO A COVERED INDIVIDUAL IN ANAPPLICATION YEAR IS AS FOLLOWS:1. UNDER SECTION 23-382.01, PARAGRAPH 2, SUBDIVISION (c),TWENTY-SIX WEEKS.2. UNDER SECTION 23-382.01, PARAGRAPH 2, SUBDIVISION (a), (b), (d)OR (e), TWENTY-FOUR WEEKS.B. A COVERED INDIVIDUAL IS ELIGIBLE FOR TWENTY-SIX WEEKS OF LEAVEUNDER SUBSECTION A, PARAGRAPH 1 OF THIS SECTION AND TWENTY-FOUR WEEKS OFLEAVE UNDER SUBSECTION A, PARAGRAPH 2 OF THIS SECTION IN AN APPLICATIONYEAR.C. IN ADDITION TO THE FAMILY AND MEDICAL LEAVE INSURANCE BENEFITSTHAT ARE PRESCRIBED IN SUBSECTION A OF THIS SECTION, AN EMPLOYER:1. MAY PROVIDE ADDITIONAL LEAVE BENEFITS FOR A COVERED INDIVIDUAL.2. SHALL PROVIDE A MINIMUM OF TWELVE WEEKS OF LEAVE TO A COVEREDINDIVIDUAL.D. THE FIRST PAYMENT OF BENEFITS MUST BE MADE TO A COVEREDINDIVIDUAL WITHIN TWO WEEKS AFTER THE CLAIM IS FILED AND SUBSEQUENTPAYMENTS MUST BE MADE EVERY TWO WEEKS THEREAFTER.23-382.03. Amount of benefitsA. THE WEEKLY AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITSIS DETERMINED AS FOLLOWS:1. IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS EQUAL TO ORLESS THAN ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE, THE BENEFIT AMOUNT ISEQUAL TO NINETY PERCENT OF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE.2. IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS GREATER THANONE-HALF OF THE STATE AVERAGE WEEKLY WAGE, THE BENEFIT AMOUNT IS THE SUMOF BOTH OF THE FOLLOWING:(a) NINETY PERCENT OF ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE.(b) FIFTY PERCENT OF THE DIFFERENCE OF THE COVERED INDIVIDUAL'SAVERAGE WEEKLY WAGE AND ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE.B. BEGINNING JANUARY 1, 2029, THE MAXIMUM WEEKLY BENEFIT AMOUNTCALCULATED PURSUANT TO SUBSECTION A OF THIS SECTION IS NOT MORE THAN$1,000 PER WEEK, EXCEPT THAT ANNUALLY, NOT LATER THAN OCTOBER 1 OF EACHYEAR THEREAFTER, THE COMMISSION SHALL ADJUST THE MAXIMUM WEEKLY BENEFITAMOUNT TO BE NINETY PERCENT OF THE STATE AVERAGE WEEKLY WAGE AND THEADJUSTED MAXIMUM WEEKLY BENEFIT AMOUNT SHALL TAKE EFFECT ON JANUARY 1 OFTHE YEAR FOLLOWING THE ADJUSTMENT.C. THE MINIMUM WEEKLY BENEFIT MAY NOT BE LESS THAN $100 PER WEEK,EXCEPT THAT IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS LESS THAN$100 PER WEEK, THE WEEKLY BENEFIT SHALL BE THE COVERED INDIVIDUAL'S FULLWAGE.D. FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE NOT PAYABLE FORLESS THAN EIGHT HOURS OF FAMILY AND MEDICAL LEAVE TAKEN IN ONE WORK WEEK.23-382.04. ContributionsA. PAYROLL CONTRIBUTIONS ARE AUTHORIZED TO FINANCE THE PAYMENT OFBENEFITS UNDER THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.B. BEGINNING JANUARY 1, 2028, PAYROLL CONTRIBUTIONS SHALL BE PAIDBY EMPLOYERS AND EMPLOYEES IN THE RATIO OF ONE-TO-ONE IN AN AMOUNT TO BEDETERMINED BY THE COMMISSION.C. NOT LATER THAN OCTOBER 1 OF EACH YEAR, THE COMMISSION SHALL FIXTHE CONTRIBUTION RATE FOR THE COMING CALENDAR YEAR AS FOLLOWS:1. FOR CALENDAR YEARS 2028 AND 2029, THE COMMISSION SHALL DO SOBASED ON SOUND ACTUARIAL PRINCIPLES.2. FOR CALENDAR YEAR 2028 AND EACH CALENDAR YEAR THEREAFTER, THECOMMISSION SHALL FIRST CERTIFY AND PUBLISH ALL OF THE FOLLOWINGINFORMATION:(a) THE TOTAL AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITSPAID BY THE COMMISSION DURING THE PREVIOUS FISCAL YEAR.(b) THE TOTAL AMOUNT REMAINING IN THE FAMILY AND MEDICAL LEAVEINSURANCE FUND ESTABLISHED BY SECTION 23-382.15 AT THE CLOSE OF THE FISCALYEAR.(c) THE TOTAL AMOUNT EQUAL TO ONE HUNDRED FORTY PERCENT OF THEPREVIOUS FISCAL YEAR'S EXPENDITURES FOR FAMILY AND MEDICAL LEAVE INSURANCEBENEFITS PAID AND FOR THE ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVEINSURANCE PROGRAM.(d) THE AMOUNT BY WHICH THE TOTAL AMOUNT REMAINING IN THE FAMILYAND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BY SECTION 23-382.15 AT THECLOSE OF THE PREVIOUS FISCAL YEAR IS LESS THAN OR GREATER THAN ONE HUNDREDFORTY PERCENT OF THE PREVIOUS FISCAL YEAR'S EXPENDITURES FOR FAMILY ANDMEDICAL LEAVE INSURANCE BENEFITS PAID AND FOR THE ADMINISTRATION OF THEFAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.(e) THE AMOUNT BY WHICH THE CONTRIBUTION RATE SHALL BE ADJUSTED TOENSURE THAT THE FAMILY AND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BYSECTION 23-382.15 MAINTAINS OR ACHIEVES AN ANNUALIZED AMOUNT OF NOT LESSTHAN ONE HUNDRED PERCENT OF THE PREVIOUS FISCAL YEAR'S EXPENDITURES FORFAMILY AND MEDICAL LEAVE INSURANCE BENEFITS PAID AND FOR THEADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. THECONTRIBUTION RATE ADJUSTMENT, IF ANY, MADE AS THE RESULT OF THECOMMISSION'S CERTIFICATION AND REPORT UNDER THIS SUBSECTION SHALLSUPERSEDE THE RATE PREVIOUSLY SET FORTH AND SHALL BECOME EFFECTIVE ONJANUARY 1 OF THE FOLLOWING CALENDAR YEAR.D. A SELF-EMPLOYED INDIVIDUAL WHO ELECTS COVERAGE UNDER SECTION23-382.12 IS RESPONSIBLE FOR THE EMPLOYEE SHARE OF CONTRIBUTIONS SET FORTHIN SUBSECTION B OF THIS SECTION ON THAT INDIVIDUAL'S INCOME FROMSELF-EMPLOYMENT.23-382.05. Reduced leave scheduleA. A COVERED INDIVIDUAL IS ENTITLED, AT THE OPTION OF THE COVEREDINDIVIDUAL, TO TAKE PAID FAMILY AND MEDICAL LEAVE ON AN INTERMITTENT ORREDUCED LEAVE SCHEDULE IN WHICH ALL OF THE LEAVE AUTHORIZED UNDER THISARTICLE IS NOT TAKEN SEQUENTIALLY. FAMILY AND MEDICAL LEAVE INSURANCEBENEFITS FOR INTERMITTENT OR REDUCED LEAVE SCHEDULES SHALL BE PRORATED.B. THE COVERED INDIVIDUAL SHALL PROVIDE THE EMPLOYER WITH PRIORNOTICE OF THE SCHEDULE ON WHICH THE COVERED INDIVIDUAL WILL BE TAKING THELEAVE, TO THE EXTENT PRACTICABLE. PAID FAMILY AND MEDICAL LEAVE TAKENUNDER THIS SECTION MAY NOT RESULT IN A REDUCTION OF THE TOTAL AMOUNT OFLEAVE TO WHICH AN EMPLOYEE IS ENTITLED BEYOND THE AMOUNT OF LEAVE ACTUALLYTAKEN.C. THIS SECTION DOES NOT ENTITLE A COVERED INDIVIDUAL TO MORE LEAVETHAN REQUIRED UNDER SECTION 23-382.02.23-382.06. Leave and employment protection; enforcementA. ANY COVERED INDIVIDUAL WHO EXERCISES THE COVERED INDIVIDUAL'SRIGHT TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS ENTITLED, ON THEEXPIRATION OF THAT LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITIONHELD BY THE COVERED INDIVIDUAL WHEN THE LEAVE COMMENCED, OR TO A POSITIONWITH EQUIVALENT SENIORITY, STATUS, EMPLOYMENT BENEFITS, PAY AND OTHERTERMS AND CONDITIONS OF EMPLOYMENT, INCLUDING FRINGE BENEFITS AND SERVICECREDITS, THAT THE COVERED INDIVIDUAL HAD BEEN ENTITLED TO AT THECOMMENCEMENT OF LEAVE.B. DURING ANY LEAVE TAKEN PURSUANT TO THIS ARTICLE, THE EMPLOYERSHALL MAINTAIN ANY HEALTH CARE BENEFITS THE COVERED INDIVIDUAL HAD BEFORETAKING SUCH LEAVE FOR THE DURATION OF THE LEAVE AS IF THE COVEREDINDIVIDUAL HAD CONTINUED IN EMPLOYMENT CONTINUOUSLY FROM THE DATE THECOVERED INDIVIDUAL COMMENCED THE LEAVE UNTIL THE DATE THE FAMILY ANDMEDICAL LEAVE INSURANCE BENEFITS TERMINATE, IF THE COVERED INDIVIDUALCONTINUES TO PAY THE COVERED INDIVIDUAL'S SHARE OF THE COST OF HEALTHBENEFITS AS REQUIRED BEFORE THE COMMENCEMENT OF THE LEAVE.C. THIS SECTION AND SECTION 23-382.07 SHALL BE ENFORCED AS FOLLOWS:1. ON RECEIPT OF A WRITTEN COMPLAINT FROM AN EMPLOYEE, THE DIRECTORSHALL INVESTIGATE WHETHER THE EMPLOYER HAS VIOLATED THIS ARTICLE.2. IF THE DIRECTOR DETERMINES THAT AN EMPLOYER HAS VIOLATED THISARTICLE, THE DIRECTOR SHALL DO ANY OF THE FOLLOWING:(a) WITH THE WRITTEN CONSENT OF THE EMPLOYEE, ATTEMPT TO INFORMALLYRESOLVE ANY PERTINENT ISSUE THROUGH MEDIATION.(b) WITH THE WRITTEN CONSENT OF THE EMPLOYEE, REQUEST THE ATTORNEYGENERAL TO BRING AN ACTION ON BEHALF OF THE EMPLOYEE IN ACCORDANCE WITHTHIS ARTICLE.(c) BRING AN ACTION ON BEHALF OF AN EMPLOYEE IN THE COUNTY WHERETHE VIOLATION ALLEGEDLY OCCURRED.3. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENTJURISDICTION AGAINST THE EMPLOYEE'S EMPLOYER FOR A VIOLATION OF THISARTICLE REGARDLESS OF WHETHER THE EMPLOYEE FIRST FILED A COMPLAINT WITHTHE DIRECTOR.4. AN ACTION BROUGHT UNDER PARAGRAPH 2 OR 3 OF THIS SUBSECTIONSHALL BE FILED WITHIN THREE YEARS AFTER THE OCCURRENCE OF THE ACT ON WHICHTHE ACTION IS BASED.5. IF A COURT FINDS THAT AN EMPLOYER VIOLATED THIS ARTICLE IN ANACTION BROUGHT UNDER PARAGRAPH 2 OR 3 OF THIS SUBSECTION, THE COURT MAYAWARD THE EMPLOYEE ALL OF THE FOLLOWING:(a) THE FULL MONETARY VALUE OF ANY UNPAID FAMILY AND MEDICAL LEAVETHAT THE EMPLOYEE WAS UNLAWFULLY DENIED. UNPAID FAMILY AND MEDICAL LEAVEAWARDED PURSUANT TO THIS SUBDIVISION SHALL BE PAID TO THE EMPLOYEE WITHOUTCOST TO THE EMPLOYEE.(b) ACTUAL ECONOMIC DAMAGES SUFFERED BY THE EMPLOYEE AS A RESULT OFTHE EMPLOYER'S VIOLATION OF THIS ARTICLE.(c) AN ADDITIONAL AMOUNT OF NOT MORE THAN THREE TIMES THE DAMAGESAWARDED UNDER SUBDIVISION (b) OF THIS PARAGRAPH.(d) REASONABLE ATTORNEY FEES AND OTHER COSTS.(e) ANY OTHER RELIEF THAT THE COURT DEEMS APPROPRIATE, INCLUDINGREINSTATEMENT OF EMPLOYMENT, BACK PAY AND INJUNCTIVE RELIEF.6. IF THE ACTION WAS BROUGHT BY THE ATTORNEY GENERAL UNDERPARAGRAPH 2, SUBDIVISION (b) OF THIS SUBSECTION, THE COURT SHALL ORDER THEEMPLOYER TO PAY AT LEAST $1,000 PER VIOLATION TO THIS STATE.23-382.07. Retaliatory personnel actions prohibitedA. IT IS UNLAWFUL FOR AN EMPLOYER OR ANY OTHER PERSON TO INTERFEREWITH, RESTRAIN OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANYRIGHT PROTECTED UNDER THIS ARTICLE.B. AN EMPLOYER, TEMPORARY HELP COMPANY, EMPLOYMENT AGENCY, EMPLOYEEORGANIZATION OR OTHER PERSON MAY NOT TAKE RETALIATORY PERSONNEL ACTION OROTHERWISE DISCRIMINATE AGAINST A PERSON BECAUSE THE PERSON EXERCISEDRIGHTS PROTECTED UNDER THIS ARTICLE. THESE RIGHTS INCLUDE ALL OF THEFOLLOWING:1. REQUESTING, FILING FOR, APPLYING FOR OR USING BENEFITS OR LEAVEPROVIDED FOR UNDER THIS ARTICLE.2. COMMUNICATING TO THE EMPLOYER OR ANY OTHER PERSON OR ENTITY ANINTENT TO FILE A CLAIM, A COMPLAINT WITH THE COMMISSION OR COURTS OR ANAPPEAL.3. TESTIFYING, PLANNING TO TESTIFY OR ASSISTING IN ANYINVESTIGATION, HEARING OR PROCEEDING UNDER THIS ARTICLE AT ANY TIME,INCLUDING DURING THE WAITING PERIOD AND THE PERIOD IN WHICH THE PERSONRECEIVES FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS ARTICLE.4. INFORMING ANY PERSON ABOUT ANY EMPLOYER'S ALLEGED VIOLATION OFTHIS ARTICLE.5. INFORMING ANY PERSON OF A PERSON'S RIGHTS UNDER THIS ARTICLE.C. IT IS UNLAWFUL FOR AN EMPLOYER'S ABSENCE CONTROL POLICY TO COUNTPAID FAMILY AND MEDICAL LEAVE TAKEN UNDER THIS ARTICLE AS AN ABSENCE THATMAY LEAD TO OR RESULT IN DISCIPLINE, DISCHARGE, DEMOTION, SUSPENSION ORANY OTHER ADVERSE ACTION.D. THE PROTECTIONS OF THIS SECTION APPLY TO ANY PERSON WHOMISTAKENLY BUT IN GOOD FAITH ALLEGES VIOLATIONS OF THIS ARTICLE.E. THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS VIOLATEDTHIS ARTICLE IF THE EMPLOYER TAKES ADVERSE ACTION AGAINST AN EMPLOYEEWITHIN NINETY DAYS AFTER THE EMPLOYEE DOES ANY OF THE FOLLOWING:1. FILES A COMPLAINT WITH THE DIRECTOR ALLEGING A VIOLATION OF THISARTICLE OR BRINGS A CIVIL ACTION UNDER THIS ARTICLE.2. INFORMS A PERSON ABOUT THE EMPLOYER'S ALLEGED VIOLATION OF THISARTICLE.3. COOPERATES WITH THE DIRECTOR OR ANOTHER PERSON IN THEINVESTIGATION OR PROSECUTION OF THE EMPLOYER'S ALLEGED VIOLATION OF THISARTICLE.4. OPPOSES A POLICY OR PRACTICE OF THE EMPLOYER OR AN ACT OF THEEMPLOYER THAT IS PROHIBITED UNDER THIS ARTICLE.5. TAKES OR REQUESTS LEAVE OR BENEFITS UNDER THIS ARTICLE.F. AN EMPLOYER MAY OVERCOME THE REBUTTABLE PRESUMPTION ESTABLISHEDPURSUANT TO SUBSECTION E OF THIS SECTION WITH CLEAR AND CONVINCINGEVIDENCE OF ALL OF THE FOLLOWING:1. THAT THE EMPLOYER'S ACTION WAS NOT RETALIATION AGAINST THEEMPLOYEE.2. THAT THE EMPLOYER HAD SUFFICIENT INDEPENDENT JUSTIFICATION FORTAKING THE ACTION.3. THAT THE EMPLOYER WOULD HAVE IN FACT TAKEN THE ACTION IN THESAME MANNER AND AT THE SAME TIME THE ACTION WAS TAKEN, REGARDLESS OF THEEMPLOYEE'S EXERCISE OF PROTECTED RIGHTS UNDER THIS ARTICLE.23-382.08. Coordination of benefitsA. LEAVE TAKEN WITH WAGE REPLACEMENT UNDER THIS ARTICLE THAT ALSOQUALIFIES AS LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993(P.L. 103–3; 107 STAT. 6; 29 UNITED STATES CODE SECTIONS 2601 THROUGH2654) SHALL RUN CONCURRENTLY WITH LEAVE TAKEN UNDER THE FAMILY AND MEDICALLEAVE ACT OF 1993 (P.L. 103–3; 107 STAT. 6; 29 UNITED STATES CODE SECTIONS2601 THROUGH 2654).B. A COVERED INDIVIDUAL IS NOT REQUIRED TO USE ANY ACCRUED PAIDSICK, VACATION OR ANNUAL LEAVE, INCLUDING SICK LEAVE UNDER SECTION 23-373,OR OTHER PAID TIME OFF TO WHICH THE COVERED INDIVIDUAL IS ENTITLED BEFOREOR WHILE RECEIVING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, PROVIDED,HOWEVER, THAT IF THE EMPLOYER AND THE COVERED INDIVIDUAL AGREE, A COVEREDINDIVIDUAL MAY ELECT TO USE ACCRUED PAID SICK, VACATION OR ANNUAL LEAVE OROTHER PAID TIME OFF TO SUPPLEMENT FAMILY AND MEDICAL LEAVE INSURANCEBENEFITS UNDER THIS ARTICLE IN ORDER TO RECEIVE FULL PAY WHILE ON LEAVE.C. AN EMPLOYER MAY REQUIRE THAT PAYMENT MADE PURSUANT TO THISARTICLE BE MADE CONCURRENTLY OR OTHERWISE COORDINATED WITH PAYMENT MADE ORLEAVE ALLOWED UNDER THE TERMS OF DISABILITY OR FAMILY CARE LEAVE UNDER ACOLLECTIVE BARGAINING AGREEMENT OR EMPLOYER POLICY. THE EMPLOYER MUSTGIVE EMPLOYEES WRITTEN NOTICE OF THIS REQUIREMENT.D. THIS ARTICLE DOES NOT DIMINISH AN EMPLOYER'S OBLIGATION TOCOMPLY WITH ANY OF THE FOLLOWING THAT PROVIDE MORE GENEROUS LEAVE:1. A COLLECTIVE BARGAINING AGREEMENT.2. EMPLOYER POLICY.3. ANY OTHER LAW.E. AN INDIVIDUAL'S RIGHT TO LEAVE UNDER THIS ARTICLE MAY NOT BEDIMINISHED BY A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO OR RENEWED,OR AN EMPLOYER POLICY ADOPTED OR RETAINED, AFTER THE EFFECTIVE DATE OFTHIS ARTICLE. ANY AGREEMENT BY AN INDIVIDUAL TO WAIVE THE INDIVIDUAL'SRIGHTS UNDER THIS ARTICLE IS VOID AS AGAINST PUBLIC POLICY.23-382.09. Notice; civil penaltyA. EACH EMPLOYER SHALL PROVIDE WRITTEN NOTICE THAT COMPLIES WITHTHIS SECTION:1. TO EACH EMPLOYEE ON HIRING AND ANNUALLY THEREAFTER.2. TO AN EMPLOYEE WHEN THE EMPLOYEE REQUESTS LEAVE UNDER THISARTICLE.3. TO AN EMPLOYEE WHEN THE EMPLOYER ACQUIRES KNOWLEDGE THAT THEEMPLOYEE'S LEAVE MAY BE FOR A QUALIFYING REASON UNDER SECTION 23-382.01.B. ANY NOTICED PROVIDED UNDER THIS SECTION SHALL INCLUDE ALL OF THEFOLLOWING:1. THE EMPLOYEE'S RIGHT TO FAMILY AND MEDICAL LEAVE INSURANCEBENEFITS UNDER THIS ARTICLE AND THE TERMS UNDER WHICH IT MAY BE USED.2. THE AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.3. THE PROCEDURE FOR FILING A CLAIM FOR BENEFITS.4. THE RIGHT TO JOB PROTECTION AND BENEFITS CONTINUATION UNDERSECTION 23-382.06.5. THAT DISCRIMINATION AND RETALIATORY PERSONNEL ACTIONS AGAINST APERSON FOR REQUESTING, APPLYING FOR OR USING FAMILY AND MEDICAL LEAVEINSURANCE BENEFITS IS PROHIBITED UNDER SECTION 23-382.07.6. THAT THE EMPLOYEE HAS A RIGHT TO FILE A COMPLAINT FOR VIOLATIONSOF THIS ARTICLE.7. THE CONTACT INFORMATION FOR THE COMMISSION WHERE QUESTIONS ABOUTRIGHTS AND RESPONSIBILITIES UNDER THIS ARTICLE CAN BE ANSWERED.C. AN EMPLOYER SHALL ALSO DISPLAY AND MAINTAIN A POSTER IN ACONSPICUOUS PLACE ACCESSIBLE TO EMPLOYEES AT THE EMPLOYER'S PLACE OFBUSINESS THAT CONTAINS THE INFORMATION REQUIRED BY THIS SECTION INENGLISH, SPANISH AND ANY LANGUAGE THAT IS THE FIRST LANGUAGE SPOKEN BY ATLEAST FIVE PERCENT OF THE EMPLOYER'S WORKFORCE, PROVIDED THAT SUCH NOTICEHAS BEEN PROVIDED BY THE COMMISSION. THE DIRECTOR MAY ADOPT RULES TOESTABLISH ADDITIONAL REQUIREMENTS CONCERNING THE MEANS BY WHICH EMPLOYERSSHALL PROVIDE SUCH NOTICE.D. IN ANY CASE IN WHICH THE NECESSITY FOR LEAVE UNDER THIS ARTICLEIS FORESEEABLE, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH AT LEASTTHIRTY DAYS' NOTICE BEFORE THE DATE THE LEAVE IS TO BEGIN, OR, IF SUCHNOTICE IS NOT POSSIBLE, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS ISPRACTICABLE. IN ANY CASE FOR WHICH THE NECESSITY FOR LEAVE UNDER THISARTICLE IS NOT FORESEEABLE, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS ISPRACTICABLE.E. THE AMOUNT OF FAMILY AND MEDICAL LEAVE AVAILABLE TO AN EMPLOYEEAND THE AMOUNT OF FAMILY AND MEDICAL LEAVE TAKEN BY AN EMPLOYEE TO DATE INTHE YEAR SHALL BE RECORDED IN, OR ON AN ATTACHMENT TO, THE EMPLOYEE'SREGULAR PAYCHECK.F. ANY EMPLOYER THAT VIOLATES THE RECORDKEEPING, POSTING OR OTHERREQUIREMENTS THAT THE COMMISSION ESTABLISHES UNDER THIS SECTION IS SUBJECTTO A CIVIL PENALTY OF AT LEAST $250 FOR A FIRST VIOLATION, AND AT LEAST$1,000 FOR EACH SUBSEQUENT OR WILFUL VIOLATION AND, IF THE COMMISSION ORCOURT DETERMINES APPROPRIATE, MAY BE SUBJECT TO SPECIAL MONITORING ANDINSPECTIONS.23-382.10. Benefits appealsA. THE DIRECTOR SHALL ESTABLISH A SYSTEM FOR APPEALS IN THE CASE OFA DENIAL OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.B. JUDICIAL REVIEW OF ANY DECISION WITH RESPECT TO FAMILY ANDMEDICAL LEAVE INSURANCE BENEFITS IS ALLOWED IN A COURT OF COMPETENTJURISDICTION AFTER A PARTY AGGRIEVED BY THE DECISION HAS EXHAUSTED ALLADMINISTRATIVE REMEDIES ESTABLISHED BY THE DIRECTOR.C. THE DIRECTOR SHALL IMPLEMENT PROCEDURES TO ENSURECONFIDENTIALITY OF ALL INFORMATION RELATED TO ANY CLAIMS FILED OR APPEALSTAKEN TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS.23-382.11. Erroneous payments and disqualification forbenefitsA. A COVERED INDIVIDUAL IS DISQUALIFIED FROM FAMILY AND MEDICALLEAVE INSURANCE BENEFITS FOR ONE YEAR IF THE INDIVIDUAL IS DETERMINED BYTHE DIRECTOR TO HAVE WILFULLY MADE A FALSE STATEMENT OR MISREPRESENTATIONREGARDING A MATERIAL FACT, OR WILFULLY FAILED TO REPORT A MATERIAL FACT,TO OBTAIN BENEFITS UNDER THIS ARTICLE.B. IF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAIDERRONEOUSLY OR AS A RESULT OF WILFUL MISREPRESENTATION, OR IF A CLAIM FORFAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS REJECTED AFTER BENEFITS AREPAID, THE COMMISSION MAY SEEK REPAYMENT OF BENEFITS FROM THE RECIPIENT.THE DIRECTOR SHALL EXERCISE THE DIRECTOR'S DISCRETION TO WAIVE, IN WHOLEOR IN PART, THE AMOUNT OF ANY SUCH PAYMENTS FOR GOOD CAUSE.23-382.12. Elective coverageA. A SELF-EMPLOYED PERSON, INCLUDING A SOLE PROPRIETOR, PARTNER ORJOINT VENTURER, MAY ELECT COVERAGE UNDER THIS ARTICLE FOR AN INITIALPERIOD OF NOT LESS THAN THREE YEARS. THE SELF-EMPLOYED PERSON MUST FILE ANOTICE OF ELECTION IN WRITING WITH THE DIRECTOR, AS REQUIRED BY THECOMMISSION. THE ELECTION BECOMES EFFECTIVE ON THE DATE THE SELF-EMPLOYEDPERSON FILES THE NOTICE. AS A CONDITION OF ELECTION, THE SELF-EMPLOYEDPERSON MUST AGREE TO SUPPLY ANY INFORMATION CONCERNING INCOME THAT THECOMMISSION DEEMS NECESSARY.B. A SELF-EMPLOYED PERSON WHO HAS ELECTED COVERAGE MAY WITHDRAWFROM COVERAGE WITHIN THIRTY DAYS AFTER THE END OF THE THREE-YEAR PERIOD OFCOVERAGE, OR AT SUCH OTHER TIMES AS THE DIRECTOR MAY PRESCRIBE BY RULE, BYFILING WRITTEN NOTICE WITH THE DIRECTOR. THE WITHDRAWAL SHALL TAKE EFFECTNOT SOONER THAN THIRTY DAYS AFTER THE SELF-EMPLOYED PERSON FILES THENOTICE.23-382.13. Family and medical leave insurance program; rulesA. THE COMMISSION SHALL ESTABLISH AND ADMINISTER A FAMILY ANDMEDICAL LEAVE INSURANCE PROGRAM AND, ON OR BEFORE JANUARY 1, 2029, SHALLPAY FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS AS SPECIFIED IN THISARTICLE.B. THE COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES AND FORMSFOR FILING CLAIMS FOR BENEFITS UNDER THIS ARTICLE AND SHALL SPECIFY THESUPPORTING DOCUMENTATION THAT IS NECESSARY TO SUPPORT A CLAIM FORBENEFITS, INCLUDING ANY DOCUMENTATION REQUIRED FROM A HEALTH CARE PROVIDERFOR PROOF OF A SERIOUS HEALTH CONDITION.C. THE COMMISSION SHALL NOTIFY THE EMPLOYER WITHIN FIVE BUSINESSDAYS AFTER A CLAIM IS FILED PURSUANT TO THIS ARTICLE.D. THE COMMISSION SHALL USE INFORMATION SHARING AND INTEGRATIONTECHNOLOGY TO FACILITATE THE DISCLOSURE OF RELEVANT INFORMATION ORRECORDS, IF AN INDIVIDUAL CONSENTS TO THE DISCLOSURE AS REQUIRED UNDER THELAWS OF THIS STATE.E. INFORMATION CONTAINED IN THE FILES AND RECORDS PERTAINING TO ANINDIVIDUAL UNDER THIS ARTICLE IS CONFIDENTIAL AND NOT OPEN TO PUBLICINSPECTION, OTHER THAN TO PUBLIC EMPLOYEES IN PERFORMING THEIR OFFICIALDUTIES. HOWEVER, THE INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF THEINDIVIDUAL MAY REVIEW THE RECORDS OR RECEIVE SPECIFIC INFORMATION FROM THERECORDS ON THE PRESENTATION OF THE INDIVIDUAL'S SIGNED AUTHORIZATION.F. THE DIRECTOR SHALL ADOPT RULES AS NECESSARY TO IMPLEMENT THISARTICLE.23-382.14. Federal income taxIF THE UNITED STATES INTERNAL REVENUE SERVICE DETERMINES THAT FAMILYAND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS ARTICLE ARE SUBJECT TOFEDERAL INCOME TAX, THE COMMISSION MUST ADVISE AN INDIVIDUAL FILING A NEWCLAIM FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, AT THE TIME OFFILING SUCH CLAIM, OF ALL OF THE FOLLOWING:1. THAT THE UNITED STATES INTERNAL REVENUE SERVICE HAS DETERMINEDTHAT BENEFITS ARE SUBJECT TO FEDERAL INCOME TAX.2. THAT REQUIREMENTS EXIST PERTAINING TO ESTIMATED TAX PAYMENTS.3. THAT THE INDIVIDUAL MAY ELECT TO HAVE FEDERAL INCOME TAXDEDUCTED AND WITHHELD FROM THE INDIVIDUAL'S PAYMENT OF BENEFITS IN THEAMOUNT SPECIFIED IN THE FEDERAL INTERNAL REVENUE CODE.4. THAT THE INDIVIDUAL IS ALLOWED TO CHANGE A PREVIOUSLY ELECTEDWITHHOLDING STATUS.23-382.15. Family and medical leave insurance fundA. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND IS ESTABLISHEDCONSISTING OF CONTRIBUTIONS RECEIVED PURSUANT TO SECTION 23-382.04 AND ANYOTHER MONIES. THE COMMISSION SHALL ADMINISTER THE FUND. EXPENDITURESFROM THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THE FAMILY AND MEDICALLEAVE INSURANCE PROGRAM, INCLUDING CONDUCTING THE PUBLIC EDUCATIONCAMPAIGN PURSUANT TO SECTION 23-382.17. ONLY THE DIRECTOR OR THEDIRECTOR'S DESIGNEE MAY AUTHORIZE EXPENDITURES FROM THE FUND.B. WHENEVER, IN THE JUDGMENT OF THE COMMISSION, THERE IS IN THEFAMILY AND MEDICAL LEAVE INSURANCE FUND AN AMOUNT OF MONIES OF MORE THANTHE AMOUNT DEEMED BY THE COMMISSION TO BE SUFFICIENT TO MEET THE CURRENTEXPENDITURES PROPERLY PAYABLE FROM THE FUND, THE STATE TREASURER MAYINVEST, REINVEST, MANAGE, CONTRACT, SELL OR EXCHANGE INVESTMENTS ACQUIREDWITH SUCH EXCESS FUNDS IN THE MANNER PRESCRIBED BY THE LAWS OF THIS STATEON NOTICE FROM THE COMMISSION.23-382.16. Annual reportBEGINNING SEPTEMBER 1, 2029 AND EACH SEPTEMBER 1 THEREAFTER, THECOMMISSION SHALL SUBMIT A REPORT TO THE GOVERNOR, THE PRESIDENT OF THESENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND SHALL PROVIDEA COPY OF THE REPORT TO THE SECRETARY OF STATE, THAT INCLUDES ALL OF THEFOLLOWING:1. THE PROJECTED AND ACTUAL PROGRAM PARTICIPATION BY SECTION23-382.01 CATEGORY.2. THE GENDER OF THE BENEFICIARIES.3. THE PREMIUM RATES.4. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND BALANCES.5. OUTREACH EFFORTS.6. FOR LEAVE TAKEN UNDER SECTION 23-382.01, PARAGRAPH 2,SUBDIVISION (b), THE FAMILY MEMBERS FOR WHOM LEAVE WAS TAKEN TO PROVIDECARE.23-382.17. Public educationTHE COMMISSION SHALL CONDUCT A PUBLIC EDUCATION CAMPAIGN TO INFORMEMPLOYEES AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY AND MEDICALLEAVE INSURANCE BENEFITS. OUTREACH INFORMATION SHALL BE AVAILABLE INENGLISH, SPANISH AND OTHER LANGUAGES SPOKEN BY MORE THAN FIVE PERCENT OFTHIS STATE'S POPULATION. THE COMMISSION SHALL USE MONIES FROM THE FAMILYAND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BY SECTION 23-382.15 TOFINANCE THE PUBLIC EDUCATION CAMPAIGN.23-382.18. Sharing technologyTHE COMMISSION IS ENCOURAGED TO USE STATE DATA COLLECTION ANDTECHNOLOGY TO THE EXTENT POSSIBLE AND TO INTEGRATE THE FAMILY AND MEDICALLEAVE INSURANCE PROGRAM WITH EXISTING STATE POLICIES.Sec. 2. RulemakingAll rules necessary to implement this act shall be adopted withinone hundred twenty days after the effective date of this act.Sec. 3. SeverabilityIf a provision of this act or its application to any person orcircumstance is held invalid, the invalidity does not affect otherprovisions or applications of the act that can be given effect without theinvalid provision or application, and to this end the provisions of thisact are severable.Sec. 4. Short titleTitle 23, chapter 2, article 8.2, Arizona Revised Statutes, as addedby this act, may be cited as the "Arizona Thriving Families Act".Sec. 5. EmergencyThis act is an emergency measure that is necessary to preserve thepublic peace, health or safety and is operative immediately as provided bylaw."Amend title to conform

Legislative Record

The official procedural history from the legislature.

Actions

  • Feb 24, 2026
    PASSED
    Senatepassagereading-3
  • Feb 24, 2026
    Transmit to House
    Senate
  • Mar 2, 2026
    House First Reading.
    Housereading-1
  • Mar 3, 2026
    House Second Reading
    Housereading-2
  • Mar 22, 2026
    DPA/SE
    Houseamendment-passage

Roll-Call Votes

  • do pass

    committee-passagefail

    Senate · Feb 24, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Feb 24, 2026

    17 yes9 no0 other0 absent0 excused4 not voting

Documents

  • FISCAL NOTE: Introduced

  • HOUSE SUMMARY: 03/05/2026 Health & Human Services

  • HOUSE SUMMARY: 03/20/2026 Health & Human Services

  • HOUSE SUMMARY: 03/26/2026 Caucus & COW

  • SENATE FACT SHEET: 01/26/2026 HHS

  • SENATE FACT SHEET: 02/06/2026 HHS Revised

  • Senate COW 02/25 - Werner flr amend (ref Bill)

Full Bill Text

Strike everything after the enacting clause and insert:
"Section 1. Title 23, chapter 2, Arizona Revised Statutes, is
amended by adding article 8.2, to read:
ARTICLE 8.2. FAMILY AND MEDICAL LEAVE
23-382. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "ABUSE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3623.
2. "APPLICATION YEAR" MEANS THE TWELVE-MONTH PERIOD BEGINNING ON
THE FIRST DAY OF THE CALENDAR WEEK IN WHICH AN INDIVIDUAL FILES AN
APPLICATION FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.
3. "AVERAGE WEEKLY WAGE" MEANS ONE-THIRTEENTH OF THE COVERED
INDIVIDUAL'S TOTAL WAGES FOR COVERED WORK PAID DURING THE QUARTER OF THE
PERSON'S BASE PERIOD IN WHICH SUCH TOTAL WAGES WERE HIGHEST.
4. "BASE PERIOD" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-605.
5. "COMMISSION" MEANS THE INDUSTRIAL COMMISSION OF ARIZONA.
6. "COVERED INDIVIDUAL" MEANS ANY PERSON WHO MEETS ALL OF THE
FOLLOWING REQUIREMENTS:
(a) MEETS ONE OF THE FOLLOWING:
(i) HAS BEEN PAID WAGES FOR COVERED WORK DURING THE INDIVIDUAL'S
BASE PERIOD EQUAL TO AT LEAST ONE AND ONE-HALF TIMES THE WAGES PAID TO THE
INDIVIDUAL IN THE CALENDAR QUARTER OF THE INDIVIDUAL'S BASE PERIOD IN
WHICH THE WAGES WERE HIGHEST, AND THE INDIVIDUAL HAS BEEN PAID WAGES FOR
COVERED WORK IN ONE CALENDAR QUARTER OF THE INDIVIDUAL'S BASE PERIOD EQUAL
TO AN AMOUNT THAT IS EQUAL TO AT LEAST THREE HUNDRED NINETY TIMES THE
MINIMUM WAGE PRESCRIBED BY SECTION 23-363 THAT IS IN EFFECT WHEN THE
INDIVIDUAL FILES A CLAIM FOR BENEFITS.
(ii) HAS BEEN PAID WAGES FOR COVERED WORK DURING AT LEAST TWO
QUARTERS OF THE INDIVIDUAL'S BASE PERIOD AND THE AMOUNT OF THE WAGES PAID
IN ONE QUARTER WOULD BE SUFFICIENT TO QUALIFY THE INDIVIDUAL FOR THE
MAXIMUM WEEKLY BENEFIT AMOUNT PAYABLE UNDER THIS ARTICLE AND THE TOTAL OF
THE INDIVIDUAL'S BASE-PERIOD WAGES IS EQUAL TO OR GREATER THAN THE TAXABLE
LIMIT FOR UNEMPLOYMENT INSURANCE AS SPECIFIED IN SECTION 23-622,
SUBSECTION B, PARAGRAPH 1.
(iii) IS SELF-EMPLOYED, ELECTS COVERAGE AND MEETS THE REQUIREMENTS
OF SECTION 23-382.12.
(b) MEETS THE ADMINISTRATIVE REQUIREMENTS OUTLINED IN THIS ARTICLE
AND IN RULES ADOPTED PURSUANT TO THIS ARTICLE.
(c) SUBMITS AN APPLICATION.
7. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.
8. "DOMESTIC VIOLENCE" HAS THE SAME MEANING PRESCRIBED IN SECTION
13-3601.
9. "EMPLOYEE" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-362.
10. "EMPLOYER" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-371,
EXCEPT THAT AN EMPLOYER ALSO INCLUDES THIS STATE.
11. "FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS" MEANS THE
BENEFITS PROVIDED UNDER THIS ARTICLE.
12. "FAMILY MEMBER" HAS THE SAME MEANING PRESCRIBED IN SECTION
23-371.
13. "HEALTH CARE PROVIDER" MEANS ANY PERSON LICENSED UNDER FEDERAL
LAW OR THE LAWS OF THIS STATE TO PROVIDE MEDICAL OR EMERGENCY SERVICES,
INCLUDING DOCTORS, NURSES AND EMERGENCY ROOM PERSONNEL, OR CERTIFIED
MIDWIVES.
14. "QUALIFYING EXIGENCY LEAVE" MEANS LEAVE BASED ON A NEED ARISING
OUT OF A COVERED INDIVIDUAL'S FAMILY MEMBER'S ACTIVE DUTY SERVICE OR
NOTICE OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORCES,
INCLUDING ANY OF THE FOLLOWING:
(a) PROVIDING FOR THE CARE OR OTHER NEEDS OF THE MILITARY MEMBER'S
CHILD OR OTHER FAMILY MEMBER.
(b) MAKING FINANCIAL OR LEGAL ARRANGEMENTS FOR THE MILITARY MEMBER.
(c) ATTENDING COUNSELING.
(d) ATTENDING MILITARY EVENTS OR CEREMONIES.
(e) SPENDING TIME WITH THE MILITARY MEMBER DURING A REST AND
RECUPERATION LEAVE OR FOLLOWING RETURN FROM DEPLOYMENT.
(f) MAKING ARRANGEMENTS FOLLOWING THE DEATH OF THE MILITARY MEMBER.
15. "RETALIATORY PERSONNEL ACTION":
(a) MEANS DENIAL OF ANY RIGHT GUARANTEED UNDER THIS ARTICLE,
INCLUDING EITHER OF THE FOLLOWING:
(i) ANY THREAT, DISCHARGE, SUSPENSION, DEMOTION OR REDUCTION OF
HOURS OR ANY OTHER ADVERSE ACTION AGAINST AN EMPLOYEE FOR THE EXERCISE OF
ANY RIGHT GUARANTEED IN THIS ARTICLE.
(ii) REPORTING OR THREATENING TO REPORT AN EMPLOYEE'S SUSPECTED
CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED CITIZENSHIP OR
IMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO A FEDERAL, STATE
OR LOCAL AGENCY.
(b) INCLUDES INTERFERENCE WITH OR PUNISHMENT FOR IN ANY MANNER
PARTICIPATING IN OR ASSISTING AN INVESTIGATION, PROCEEDING OR HEARING
UNDER THIS ARTICLE.
16. "SAFE LEAVE" MEANS, NOTWITHSTANDING SECTION 13-4439, ABSENCE
NECESSARY DUE TO DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING, IF
THE LEAVE IS TO ALLOW THE COVERED INDIVIDUAL TO OBTAIN FOR THE COVERED
INDIVIDUAL OR THE COVERED INDIVIDUAL'S FAMILY MEMBER ANY OF THE FOLLOWING:
(a) MEDICAL    ATTENTION  NEEDED   TO   RECOVER   FROM  PHYSICAL  OR
PSYCHOLOGICAL INJURY OR DISABILITY CAUSED BY DOMESTIC VIOLENCE, SEXUAL
VIOLENCE, ABUSE OR STALKING.
(b) SERVICES FROM A DOMESTIC VIOLENCE OR SEXUAL VIOLENCE PROGRAM OR
VICTIM SERVICES ORGANIZATION.
(c) PSYCHOLOGICAL OR OTHER COUNSELING.
(d) RELOCATION OR TAKING STEPS TO SECURE AN EXISTING HOME DUE TO
THE DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING.
(e) LEGAL SERVICES, INCLUDING PREPARING FOR OR PARTICIPATING IN ANY
CIVIL OR CRIMINAL LEGAL PROCEEDING RELATED TO OR RESULTING FROM THE
DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ABUSE OR STALKING.
17. "SERIOUS HEALTH CONDITION" HAS THE SAME MEANING PRESCRIBED IN
SECTION 101 OF THE FAMILY AND MEDICAL LEAVE ACT OF 1993 (P.L. 103-3; 107
STAT. 6; 29 UNITED STATES CODE SECTION 2611).
18. "SEXUAL VIOLENCE" HAS THE SAME MEANING PRESCRIBED IN SECTION
23-371.
19. "STALKING" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-371.
20. "STATE AVERAGE WEEKLY WAGE" MEANS THE AVERAGE MONTHLY WAGE, AS
CALCULATED UNDER SECTION 23-1041, SUBSECTION E, DIVIDED BY 4.5.
23-382.01. Eligibility for benefits
BEGINNING JANUARY 1, 2029, FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS ARE PAYABLE TO AN INDIVIDUAL WHO BOTH:
1. MEETS THE DEFINITION OF COVERED INDIVIDUAL UNDER THIS ARTICLE.
2. MEETS ONE OF THE FOLLOWING REQUIREMENTS:
(a) BECAUSE OF BIRTH, ADOPTION OR PLACEMENT THROUGH FOSTER CARE, IS
CARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER THE BIRTH, ADOPTION OR
PLACEMENT OF THAT CHILD.
(b) IS CARING FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION.
(c) IS PREGNANT OR RECOVERING FROM CHILDBIRTH OR HAS AN ILLNESS,
INJURY, IMPAIRMENT OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT
CARE IN A HOSPITAL, HOSPICE OR RESIDENTIAL MEDICAL CARE FACILITY OR
CONTINUING TREATMENT BY A HEALTH CARE PROVIDER AND THAT MAKES THE COVERED
INDIVIDUAL UNABLE TO PERFORM THE FUNCTIONS OF THE EMPLOYEE'S POSITION.
(d) QUALIFIES FOR QUALIFYING EXIGENCY LEAVE ARISING OUT OF THE FACT
THAT THE FAMILY MEMBER OF THE COVERED INDIVIDUAL IS ON ACTIVE DUTY OR HAS
BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY IN THE ARMED
FORCES.
(e) IS IN NEED OF SAFE LEAVE.
23-382.02. Duration of benefits
A. THE MAXIMUM NUMBER OF WEEKS DURING WHICH FAMILY AND MEDICAL
LEAVE INSURANCE BENEFITS ARE PAYABLE TO A COVERED INDIVIDUAL IN AN
APPLICATION YEAR IS AS FOLLOWS:
1. UNDER    SECTION  23-382.01,   PARAGRAPH   2,   SUBDIVISION   (c),
TWENTY-SIX WEEKS.
2. UNDER SECTION 23-382.01, PARAGRAPH 2, SUBDIVISION (a), (b), (d)
OR (e), TWENTY-FOUR WEEKS.
B. A COVERED INDIVIDUAL IS ELIGIBLE FOR TWENTY-SIX WEEKS OF LEAVE
UNDER SUBSECTION A, PARAGRAPH 1 OF THIS SECTION AND TWENTY-FOUR WEEKS OF
LEAVE UNDER SUBSECTION A, PARAGRAPH 2 OF THIS SECTION IN AN APPLICATION
YEAR.
C. IN ADDITION TO THE FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
THAT ARE PRESCRIBED IN SUBSECTION A OF THIS SECTION, AN EMPLOYER:
1. MAY PROVIDE ADDITIONAL LEAVE BENEFITS FOR A COVERED INDIVIDUAL.
2. SHALL PROVIDE A MINIMUM OF TWELVE WEEKS OF LEAVE TO A COVERED
INDIVIDUAL.
D. THE FIRST PAYMENT OF BENEFITS MUST BE MADE TO A COVERED
INDIVIDUAL WITHIN TWO WEEKS AFTER THE CLAIM IS FILED AND SUBSEQUENT
PAYMENTS MUST BE MADE EVERY TWO WEEKS THEREAFTER.
23-382.03. Amount of benefits
A. THE WEEKLY AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
IS DETERMINED AS FOLLOWS:
1. IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS EQUAL TO OR
LESS THAN ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE, THE BENEFIT AMOUNT IS
EQUAL TO NINETY PERCENT OF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE.
2. IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS GREATER THAN
ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE, THE BENEFIT AMOUNT IS THE SUM
OF BOTH OF THE FOLLOWING:
(a) NINETY PERCENT OF ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE.
(b) FIFTY PERCENT OF THE DIFFERENCE OF THE COVERED INDIVIDUAL'S
AVERAGE WEEKLY WAGE AND ONE-HALF OF THE STATE AVERAGE WEEKLY WAGE.
B. BEGINNING JANUARY 1, 2029, THE MAXIMUM WEEKLY BENEFIT AMOUNT
CALCULATED PURSUANT TO SUBSECTION A OF THIS SECTION IS NOT MORE THAN
$1,000 PER WEEK, EXCEPT THAT ANNUALLY, NOT LATER THAN OCTOBER 1 OF EACH
YEAR THEREAFTER, THE COMMISSION SHALL ADJUST THE MAXIMUM WEEKLY BENEFIT
AMOUNT TO BE NINETY PERCENT OF THE STATE AVERAGE WEEKLY WAGE AND THE
ADJUSTED MAXIMUM WEEKLY BENEFIT AMOUNT SHALL TAKE EFFECT ON JANUARY 1 OF
THE YEAR FOLLOWING THE ADJUSTMENT.
C. THE MINIMUM WEEKLY BENEFIT MAY NOT BE LESS THAN $100 PER WEEK,
EXCEPT THAT IF THE COVERED INDIVIDUAL'S AVERAGE WEEKLY WAGE IS LESS THAN
$100 PER WEEK, THE WEEKLY BENEFIT SHALL BE THE COVERED INDIVIDUAL'S FULL
WAGE.
D. FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE NOT PAYABLE FOR
LESS THAN EIGHT HOURS OF FAMILY AND MEDICAL LEAVE TAKEN IN ONE WORK WEEK.
23-382.04. Contributions
A. PAYROLL CONTRIBUTIONS ARE AUTHORIZED TO FINANCE THE PAYMENT OF
BENEFITS UNDER THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.
B. BEGINNING JANUARY 1, 2028, PAYROLL CONTRIBUTIONS SHALL BE PAID
BY EMPLOYERS AND EMPLOYEES IN THE RATIO OF ONE-TO-ONE IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION.
C. NOT LATER THAN OCTOBER 1 OF EACH YEAR, THE COMMISSION SHALL FIX
THE CONTRIBUTION RATE FOR THE COMING CALENDAR YEAR AS FOLLOWS:
1. FOR CALENDAR YEARS 2028 AND 2029, THE COMMISSION SHALL DO SO
BASED ON SOUND ACTUARIAL PRINCIPLES.
2. FOR CALENDAR YEAR 2028 AND EACH CALENDAR YEAR THEREAFTER, THE
COMMISSION SHALL FIRST CERTIFY AND PUBLISH ALL OF THE FOLLOWING
INFORMATION:
(a) THE TOTAL AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
PAID BY THE COMMISSION DURING THE PREVIOUS FISCAL YEAR.
(b) THE TOTAL AMOUNT REMAINING IN THE FAMILY AND MEDICAL LEAVE
INSURANCE FUND ESTABLISHED BY SECTION 23-382.15 AT THE CLOSE OF THE FISCAL
YEAR.
(c) THE TOTAL AMOUNT EQUAL TO ONE HUNDRED FORTY PERCENT OF THE
PREVIOUS FISCAL YEAR'S EXPENDITURES FOR FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS PAID AND FOR THE ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM.
(d) THE AMOUNT BY WHICH THE TOTAL AMOUNT REMAINING IN THE FAMILY
AND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BY SECTION 23-382.15 AT THE
CLOSE OF THE PREVIOUS FISCAL YEAR IS LESS THAN OR GREATER THAN ONE HUNDRED
FORTY PERCENT OF THE PREVIOUS FISCAL YEAR'S EXPENDITURES FOR FAMILY AND
MEDICAL LEAVE INSURANCE BENEFITS PAID AND FOR THE ADMINISTRATION OF THE
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.
(e) THE AMOUNT BY WHICH THE CONTRIBUTION RATE SHALL BE ADJUSTED TO
ENSURE THAT THE FAMILY AND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BY
SECTION 23-382.15 MAINTAINS OR ACHIEVES AN ANNUALIZED AMOUNT OF NOT LESS
THAN ONE HUNDRED PERCENT OF THE PREVIOUS FISCAL YEAR'S EXPENDITURES FOR
FAMILY   AND  MEDICAL   LEAVE  INSURANCE   BENEFITS   PAID  AND   FOR   THE
ADMINISTRATION OF THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. THE
CONTRIBUTION RATE ADJUSTMENT, IF ANY, MADE AS THE RESULT OF THE
COMMISSION'S CERTIFICATION AND REPORT UNDER THIS SUBSECTION SHALL
SUPERSEDE THE RATE PREVIOUSLY SET FORTH AND SHALL BECOME EFFECTIVE ON
JANUARY 1 OF THE FOLLOWING CALENDAR YEAR.
D. A SELF-EMPLOYED INDIVIDUAL WHO ELECTS COVERAGE UNDER SECTION
23-382.12 IS RESPONSIBLE FOR THE EMPLOYEE SHARE OF CONTRIBUTIONS SET FORTH
IN SUBSECTION B OF THIS SECTION ON THAT INDIVIDUAL'S INCOME FROM
SELF-EMPLOYMENT.
23-382.05. Reduced leave schedule
A. A COVERED INDIVIDUAL IS ENTITLED, AT THE OPTION OF THE COVERED
INDIVIDUAL, TO TAKE PAID FAMILY AND MEDICAL LEAVE ON AN INTERMITTENT OR
REDUCED LEAVE SCHEDULE IN WHICH ALL OF THE LEAVE AUTHORIZED UNDER THIS
ARTICLE IS NOT TAKEN SEQUENTIALLY. FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS FOR INTERMITTENT OR REDUCED LEAVE SCHEDULES SHALL BE PRORATED.
B. THE COVERED INDIVIDUAL SHALL PROVIDE THE EMPLOYER WITH PRIOR
NOTICE OF THE SCHEDULE ON WHICH THE COVERED INDIVIDUAL WILL BE TAKING THE
LEAVE, TO THE EXTENT PRACTICABLE.    PAID FAMILY AND MEDICAL LEAVE TAKEN
UNDER THIS SECTION MAY NOT RESULT IN A REDUCTION OF THE TOTAL AMOUNT OF
LEAVE TO WHICH AN EMPLOYEE IS ENTITLED BEYOND THE AMOUNT OF LEAVE ACTUALLY
TAKEN.
C. THIS SECTION DOES NOT ENTITLE A COVERED INDIVIDUAL TO MORE LEAVE
THAN REQUIRED UNDER SECTION 23-382.02.
23-382.06. Leave and employment protection; enforcement
A. ANY COVERED INDIVIDUAL WHO EXERCISES THE COVERED INDIVIDUAL'S
RIGHT TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS ENTITLED, ON THE
EXPIRATION OF THAT LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION
HELD BY THE COVERED INDIVIDUAL WHEN THE LEAVE COMMENCED, OR TO A POSITION
WITH EQUIVALENT SENIORITY, STATUS, EMPLOYMENT BENEFITS, PAY AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT, INCLUDING FRINGE BENEFITS AND SERVICE
CREDITS, THAT THE COVERED INDIVIDUAL HAD BEEN ENTITLED TO AT THE
COMMENCEMENT OF LEAVE.
B. DURING ANY LEAVE TAKEN PURSUANT TO THIS ARTICLE, THE EMPLOYER
SHALL MAINTAIN ANY HEALTH CARE BENEFITS THE COVERED INDIVIDUAL HAD BEFORE
TAKING SUCH LEAVE FOR THE DURATION OF THE LEAVE AS IF THE COVERED
INDIVIDUAL HAD CONTINUED IN EMPLOYMENT CONTINUOUSLY FROM THE DATE THE
COVERED INDIVIDUAL COMMENCED THE LEAVE UNTIL THE DATE THE FAMILY AND
MEDICAL LEAVE INSURANCE BENEFITS TERMINATE, IF THE COVERED INDIVIDUAL
CONTINUES TO PAY THE COVERED INDIVIDUAL'S SHARE OF THE COST OF HEALTH
BENEFITS AS REQUIRED BEFORE THE COMMENCEMENT OF THE LEAVE.
C. THIS SECTION AND SECTION 23-382.07 SHALL BE ENFORCED AS FOLLOWS:
1. ON RECEIPT OF A WRITTEN COMPLAINT FROM AN EMPLOYEE, THE DIRECTOR
SHALL INVESTIGATE WHETHER THE EMPLOYER HAS VIOLATED THIS ARTICLE.
2. IF THE DIRECTOR DETERMINES THAT AN EMPLOYER HAS VIOLATED THIS
ARTICLE, THE DIRECTOR SHALL DO ANY OF THE FOLLOWING:
(a) WITH THE WRITTEN CONSENT OF THE EMPLOYEE, ATTEMPT TO INFORMALLY
RESOLVE ANY PERTINENT ISSUE THROUGH MEDIATION.
(b) WITH THE WRITTEN CONSENT OF THE EMPLOYEE, REQUEST THE ATTORNEY
GENERAL TO BRING AN ACTION ON BEHALF OF THE EMPLOYEE IN ACCORDANCE WITH
THIS ARTICLE.
(c) BRING AN ACTION ON BEHALF OF AN EMPLOYEE IN THE COUNTY WHERE
THE VIOLATION ALLEGEDLY OCCURRED.
3. AN EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION AGAINST THE EMPLOYEE'S EMPLOYER FOR A VIOLATION OF THIS
ARTICLE REGARDLESS OF WHETHER THE EMPLOYEE FIRST FILED A COMPLAINT WITH
THE DIRECTOR.
4. AN ACTION BROUGHT UNDER PARAGRAPH 2 OR 3 OF THIS SUBSECTION
SHALL BE FILED WITHIN THREE YEARS AFTER THE OCCURRENCE OF THE ACT ON WHICH
THE ACTION IS BASED.
5. IF A COURT FINDS THAT AN EMPLOYER VIOLATED THIS ARTICLE IN AN
ACTION BROUGHT UNDER PARAGRAPH 2 OR 3 OF THIS SUBSECTION, THE COURT MAY
AWARD THE EMPLOYEE ALL OF THE FOLLOWING:
(a) THE FULL MONETARY VALUE OF ANY UNPAID FAMILY AND MEDICAL LEAVE
THAT THE EMPLOYEE WAS UNLAWFULLY DENIED. UNPAID FAMILY AND MEDICAL LEAVE
AWARDED PURSUANT TO THIS SUBDIVISION SHALL BE PAID TO THE EMPLOYEE WITHOUT
COST TO THE EMPLOYEE.
(b) ACTUAL ECONOMIC DAMAGES SUFFERED BY THE EMPLOYEE AS A RESULT OF
THE EMPLOYER'S VIOLATION OF THIS ARTICLE.
(c) AN ADDITIONAL AMOUNT OF NOT MORE THAN THREE TIMES THE DAMAGES
AWARDED UNDER SUBDIVISION (b) OF THIS PARAGRAPH.
(d) REASONABLE ATTORNEY FEES AND OTHER COSTS.
(e) ANY OTHER RELIEF THAT THE COURT DEEMS APPROPRIATE, INCLUDING
REINSTATEMENT OF EMPLOYMENT, BACK PAY AND INJUNCTIVE RELIEF.
6. IF THE ACTION WAS BROUGHT BY THE ATTORNEY GENERAL UNDER
PARAGRAPH 2, SUBDIVISION (b) OF THIS SUBSECTION, THE COURT SHALL ORDER THE
EMPLOYER TO PAY AT LEAST $1,000 PER VIOLATION TO THIS STATE.
23-382.07. Retaliatory personnel actions prohibited
A. IT IS UNLAWFUL FOR AN EMPLOYER OR ANY OTHER PERSON TO INTERFERE
WITH, RESTRAIN OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY
RIGHT PROTECTED UNDER THIS ARTICLE.
B. AN EMPLOYER, TEMPORARY HELP COMPANY, EMPLOYMENT AGENCY, EMPLOYEE
ORGANIZATION OR OTHER PERSON MAY NOT TAKE RETALIATORY PERSONNEL ACTION OR
OTHERWISE DISCRIMINATE AGAINST A PERSON BECAUSE THE PERSON EXERCISED
RIGHTS PROTECTED UNDER THIS ARTICLE.     THESE RIGHTS INCLUDE ALL OF THE
FOLLOWING:
1. REQUESTING, FILING FOR, APPLYING FOR OR USING BENEFITS OR LEAVE
PROVIDED FOR UNDER THIS ARTICLE.
2. COMMUNICATING TO THE EMPLOYER OR ANY OTHER PERSON OR ENTITY AN
INTENT TO FILE A CLAIM, A COMPLAINT WITH THE COMMISSION OR COURTS OR AN
APPEAL.
3. TESTIFYING,    PLANNING   TO   TESTIFY   OR   ASSISTING  IN   ANY
INVESTIGATION, HEARING OR PROCEEDING UNDER THIS ARTICLE AT ANY TIME,
INCLUDING DURING THE WAITING PERIOD AND THE PERIOD IN WHICH THE PERSON
RECEIVES FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS ARTICLE.
4. INFORMING ANY PERSON ABOUT ANY EMPLOYER'S ALLEGED VIOLATION OF
THIS ARTICLE.
5. INFORMING ANY PERSON OF A PERSON'S RIGHTS UNDER THIS ARTICLE.
C. IT IS UNLAWFUL FOR AN EMPLOYER'S ABSENCE CONTROL POLICY TO COUNT
PAID FAMILY AND MEDICAL LEAVE TAKEN UNDER THIS ARTICLE AS AN ABSENCE THAT
MAY LEAD TO OR RESULT IN DISCIPLINE, DISCHARGE, DEMOTION, SUSPENSION OR
ANY OTHER ADVERSE ACTION.
D. THE PROTECTIONS OF THIS SECTION APPLY TO ANY PERSON WHO
MISTAKENLY BUT IN GOOD FAITH ALLEGES VIOLATIONS OF THIS ARTICLE.
E. THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS VIOLATED
THIS ARTICLE IF THE EMPLOYER TAKES ADVERSE ACTION AGAINST AN EMPLOYEE
WITHIN NINETY DAYS AFTER THE EMPLOYEE DOES ANY OF THE FOLLOWING:
1. FILES A COMPLAINT WITH THE DIRECTOR ALLEGING A VIOLATION OF THIS
ARTICLE OR BRINGS A CIVIL ACTION UNDER THIS ARTICLE.
2. INFORMS A PERSON ABOUT THE EMPLOYER'S ALLEGED VIOLATION OF THIS
ARTICLE.
3. COOPERATES WITH THE DIRECTOR OR ANOTHER PERSON IN THE
INVESTIGATION OR PROSECUTION OF THE EMPLOYER'S ALLEGED VIOLATION OF THIS
ARTICLE.
4. OPPOSES A POLICY OR PRACTICE OF THE EMPLOYER OR AN ACT OF THE
EMPLOYER THAT IS PROHIBITED UNDER THIS ARTICLE.
5. TAKES OR REQUESTS LEAVE OR BENEFITS UNDER THIS ARTICLE.
F. AN EMPLOYER MAY OVERCOME THE REBUTTABLE PRESUMPTION ESTABLISHED
PURSUANT TO SUBSECTION E OF THIS SECTION WITH CLEAR AND CONVINCING
EVIDENCE OF ALL OF THE FOLLOWING:
1. THAT THE EMPLOYER'S ACTION WAS NOT RETALIATION AGAINST THE
EMPLOYEE.
2. THAT THE EMPLOYER HAD SUFFICIENT INDEPENDENT JUSTIFICATION FOR
TAKING THE ACTION.
3. THAT THE EMPLOYER WOULD HAVE IN FACT TAKEN THE ACTION IN THE
SAME MANNER AND AT THE SAME TIME THE ACTION WAS TAKEN, REGARDLESS OF THE
EMPLOYEE'S EXERCISE OF PROTECTED RIGHTS UNDER THIS ARTICLE.
23-382.08. Coordination of benefits
A. LEAVE TAKEN WITH WAGE REPLACEMENT UNDER THIS ARTICLE THAT ALSO
QUALIFIES AS LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993
(P.L. 103–3; 107 STAT. 6; 29 UNITED STATES CODE SECTIONS 2601 THROUGH
2654) SHALL RUN CONCURRENTLY WITH LEAVE TAKEN UNDER THE FAMILY AND MEDICAL
LEAVE ACT OF 1993 (P.L. 103–3; 107 STAT. 6; 29 UNITED STATES CODE SECTIONS
2601 THROUGH 2654).
B. A COVERED INDIVIDUAL IS NOT REQUIRED TO USE ANY ACCRUED PAID
SICK, VACATION OR ANNUAL LEAVE, INCLUDING SICK LEAVE UNDER SECTION 23-373,
OR OTHER PAID TIME OFF TO WHICH THE COVERED INDIVIDUAL IS ENTITLED BEFORE
OR WHILE RECEIVING FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, PROVIDED,
HOWEVER, THAT IF THE EMPLOYER AND THE COVERED INDIVIDUAL AGREE, A COVERED
INDIVIDUAL MAY ELECT TO USE ACCRUED PAID SICK, VACATION OR ANNUAL LEAVE OR
OTHER PAID TIME OFF TO SUPPLEMENT FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS UNDER THIS ARTICLE IN ORDER TO RECEIVE FULL PAY WHILE ON LEAVE.
C. AN EMPLOYER MAY REQUIRE THAT PAYMENT MADE PURSUANT TO THIS
ARTICLE BE MADE CONCURRENTLY OR OTHERWISE COORDINATED WITH PAYMENT MADE OR
LEAVE ALLOWED UNDER THE TERMS OF DISABILITY OR FAMILY CARE LEAVE UNDER A
COLLECTIVE BARGAINING AGREEMENT OR EMPLOYER POLICY. THE EMPLOYER MUST
GIVE EMPLOYEES WRITTEN NOTICE OF THIS REQUIREMENT.
D. THIS ARTICLE DOES NOT DIMINISH AN EMPLOYER'S OBLIGATION TO
COMPLY WITH ANY OF THE FOLLOWING THAT PROVIDE MORE GENEROUS LEAVE:
1. A COLLECTIVE BARGAINING AGREEMENT.
2. EMPLOYER POLICY.
3. ANY OTHER LAW.
E. AN INDIVIDUAL'S RIGHT TO LEAVE UNDER THIS ARTICLE MAY NOT BE
DIMINISHED BY A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO OR RENEWED,
OR AN EMPLOYER POLICY ADOPTED OR RETAINED, AFTER THE EFFECTIVE DATE OF
THIS ARTICLE.   ANY AGREEMENT BY AN INDIVIDUAL TO WAIVE THE INDIVIDUAL'S
RIGHTS UNDER THIS ARTICLE IS VOID AS AGAINST PUBLIC POLICY.
23-382.09. Notice; civil penalty
A. EACH EMPLOYER SHALL PROVIDE WRITTEN NOTICE THAT COMPLIES WITH
THIS SECTION:
1. TO EACH EMPLOYEE ON HIRING AND ANNUALLY THEREAFTER.
2. TO AN EMPLOYEE WHEN THE EMPLOYEE REQUESTS LEAVE UNDER THIS
ARTICLE.
3. TO AN EMPLOYEE WHEN THE EMPLOYER ACQUIRES KNOWLEDGE THAT THE
EMPLOYEE'S LEAVE MAY BE FOR A QUALIFYING REASON UNDER SECTION 23-382.01.
B. ANY NOTICED PROVIDED UNDER THIS SECTION SHALL INCLUDE ALL OF THE
FOLLOWING:
1. THE EMPLOYEE'S RIGHT TO FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS UNDER THIS ARTICLE AND THE TERMS UNDER WHICH IT MAY BE USED.
2. THE AMOUNT OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.
3. THE PROCEDURE FOR FILING A CLAIM FOR BENEFITS.
4. THE RIGHT TO JOB PROTECTION AND BENEFITS CONTINUATION UNDER
SECTION 23-382.06.
5. THAT DISCRIMINATION AND RETALIATORY PERSONNEL ACTIONS AGAINST A
PERSON FOR REQUESTING, APPLYING FOR OR USING FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS IS PROHIBITED UNDER SECTION 23-382.07.
6. THAT THE EMPLOYEE HAS A RIGHT TO FILE A COMPLAINT FOR VIOLATIONS
OF THIS ARTICLE.
7. THE CONTACT INFORMATION FOR THE COMMISSION WHERE QUESTIONS ABOUT
RIGHTS AND RESPONSIBILITIES UNDER THIS ARTICLE CAN BE ANSWERED.
C. AN EMPLOYER SHALL ALSO DISPLAY AND MAINTAIN A POSTER IN A
CONSPICUOUS PLACE ACCESSIBLE TO EMPLOYEES AT THE EMPLOYER'S PLACE OF
BUSINESS THAT CONTAINS THE INFORMATION REQUIRED BY THIS SECTION IN
ENGLISH, SPANISH AND ANY LANGUAGE THAT IS THE FIRST LANGUAGE SPOKEN BY AT
LEAST FIVE PERCENT OF THE EMPLOYER'S WORKFORCE, PROVIDED THAT SUCH NOTICE
HAS BEEN PROVIDED BY THE COMMISSION. THE DIRECTOR MAY ADOPT RULES TO
ESTABLISH ADDITIONAL REQUIREMENTS CONCERNING THE MEANS BY WHICH EMPLOYERS
SHALL PROVIDE SUCH NOTICE.
D. IN ANY CASE IN WHICH THE NECESSITY FOR LEAVE UNDER THIS ARTICLE
IS FORESEEABLE, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH AT LEAST
THIRTY DAYS' NOTICE BEFORE THE DATE THE LEAVE IS TO BEGIN, OR, IF SUCH
NOTICE IS NOT POSSIBLE, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS IS
PRACTICABLE.   IN ANY CASE FOR WHICH THE NECESSITY FOR LEAVE UNDER THIS
ARTICLE IS NOT FORESEEABLE, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS IS
PRACTICABLE.
E. THE AMOUNT OF FAMILY AND MEDICAL LEAVE AVAILABLE TO AN EMPLOYEE
AND THE AMOUNT OF FAMILY AND MEDICAL LEAVE TAKEN BY AN EMPLOYEE TO DATE IN
THE YEAR SHALL BE RECORDED IN, OR ON AN ATTACHMENT TO, THE EMPLOYEE'S
REGULAR PAYCHECK.
F. ANY EMPLOYER THAT VIOLATES THE RECORDKEEPING, POSTING OR OTHER
REQUIREMENTS THAT THE COMMISSION ESTABLISHES UNDER THIS SECTION IS SUBJECT
TO A CIVIL PENALTY OF AT LEAST $250 FOR A FIRST VIOLATION, AND AT LEAST
$1,000 FOR EACH SUBSEQUENT OR WILFUL VIOLATION AND, IF THE COMMISSION OR
COURT DETERMINES APPROPRIATE, MAY BE SUBJECT TO SPECIAL MONITORING AND
INSPECTIONS.
23-382.10. Benefits appeals
A. THE DIRECTOR SHALL ESTABLISH A SYSTEM FOR APPEALS IN THE CASE OF
A DENIAL OF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS.
B. JUDICIAL REVIEW OF ANY DECISION WITH RESPECT TO FAMILY AND
MEDICAL LEAVE INSURANCE BENEFITS IS ALLOWED IN A COURT OF COMPETENT
JURISDICTION AFTER A PARTY AGGRIEVED BY THE DECISION HAS EXHAUSTED ALL
ADMINISTRATIVE REMEDIES ESTABLISHED BY THE DIRECTOR.
C. THE     DIRECTOR    SHALL    IMPLEMENT    PROCEDURES    TO     ENSURE
CONFIDENTIALITY OF ALL INFORMATION RELATED TO ANY CLAIMS FILED OR APPEALS
TAKEN TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS.
23-382.11. Erroneous     payments   and   disqualification    for
benefits
A. A COVERED INDIVIDUAL IS DISQUALIFIED FROM FAMILY AND MEDICAL
LEAVE INSURANCE BENEFITS FOR ONE YEAR IF THE INDIVIDUAL IS DETERMINED BY
THE DIRECTOR TO HAVE WILFULLY MADE A FALSE STATEMENT OR MISREPRESENTATION
REGARDING A MATERIAL FACT, OR WILFULLY FAILED TO REPORT A MATERIAL FACT,
TO OBTAIN BENEFITS UNDER THIS ARTICLE.
B. IF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAID
ERRONEOUSLY OR AS A RESULT OF WILFUL MISREPRESENTATION, OR IF A CLAIM FOR
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS REJECTED AFTER BENEFITS ARE
PAID, THE COMMISSION MAY SEEK REPAYMENT OF BENEFITS FROM THE RECIPIENT.
THE DIRECTOR SHALL EXERCISE THE DIRECTOR'S DISCRETION TO WAIVE, IN WHOLE
OR IN PART, THE AMOUNT OF ANY SUCH PAYMENTS FOR GOOD CAUSE.
23-382.12. Elective coverage
A. A SELF-EMPLOYED PERSON, INCLUDING A SOLE PROPRIETOR, PARTNER OR
JOINT VENTURER, MAY ELECT COVERAGE UNDER THIS ARTICLE FOR AN INITIAL
PERIOD OF NOT LESS THAN THREE YEARS. THE SELF-EMPLOYED PERSON MUST FILE A
NOTICE OF ELECTION IN WRITING WITH THE DIRECTOR, AS REQUIRED BY THE
COMMISSION. THE ELECTION BECOMES EFFECTIVE ON THE DATE THE SELF-EMPLOYED
PERSON FILES THE NOTICE. AS A CONDITION OF ELECTION, THE SELF-EMPLOYED
PERSON MUST AGREE TO SUPPLY ANY INFORMATION CONCERNING INCOME THAT THE
COMMISSION DEEMS NECESSARY.
B. A SELF-EMPLOYED PERSON WHO HAS ELECTED COVERAGE MAY WITHDRAW
FROM COVERAGE WITHIN THIRTY DAYS AFTER THE END OF THE THREE-YEAR PERIOD OF
COVERAGE, OR AT SUCH OTHER TIMES AS THE DIRECTOR MAY PRESCRIBE BY RULE, BY
FILING WRITTEN NOTICE WITH THE DIRECTOR. THE WITHDRAWAL SHALL TAKE EFFECT
NOT SOONER THAN THIRTY DAYS AFTER THE SELF-EMPLOYED PERSON FILES THE
NOTICE.
23-382.13. Family and medical leave insurance program; rules
A. THE COMMISSION SHALL ESTABLISH AND ADMINISTER A FAMILY AND
MEDICAL LEAVE INSURANCE PROGRAM AND, ON OR BEFORE JANUARY 1, 2029, SHALL
PAY FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS AS SPECIFIED IN THIS
ARTICLE.
B. THE COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES AND FORMS
FOR FILING CLAIMS FOR BENEFITS UNDER THIS ARTICLE AND SHALL SPECIFY THE
SUPPORTING DOCUMENTATION THAT IS NECESSARY TO SUPPORT A CLAIM FOR
BENEFITS, INCLUDING ANY DOCUMENTATION REQUIRED FROM A HEALTH CARE PROVIDER
FOR PROOF OF A SERIOUS HEALTH CONDITION.
C. THE COMMISSION SHALL NOTIFY THE EMPLOYER WITHIN FIVE BUSINESS
DAYS AFTER A CLAIM IS FILED PURSUANT TO THIS ARTICLE.
D. THE COMMISSION SHALL USE INFORMATION SHARING AND INTEGRATION
TECHNOLOGY TO FACILITATE THE DISCLOSURE OF RELEVANT INFORMATION OR
RECORDS, IF AN INDIVIDUAL CONSENTS TO THE DISCLOSURE AS REQUIRED UNDER THE
LAWS OF THIS STATE.
E. INFORMATION CONTAINED IN THE FILES AND RECORDS PERTAINING TO AN
INDIVIDUAL UNDER THIS ARTICLE IS CONFIDENTIAL AND NOT OPEN TO PUBLIC
INSPECTION, OTHER THAN TO PUBLIC EMPLOYEES IN PERFORMING THEIR OFFICIAL
DUTIES. HOWEVER, THE INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF THE
INDIVIDUAL MAY REVIEW THE RECORDS OR RECEIVE SPECIFIC INFORMATION FROM THE
RECORDS ON THE PRESENTATION OF THE INDIVIDUAL'S SIGNED AUTHORIZATION.
F. THE DIRECTOR SHALL ADOPT RULES AS NECESSARY TO IMPLEMENT THIS
ARTICLE.
23-382.14. Federal income tax
IF THE UNITED STATES INTERNAL REVENUE SERVICE DETERMINES THAT FAMILY
AND MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS ARTICLE ARE SUBJECT TO
FEDERAL INCOME TAX, THE COMMISSION MUST ADVISE AN INDIVIDUAL FILING A NEW
CLAIM FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, AT THE TIME OF
FILING SUCH CLAIM, OF ALL OF THE FOLLOWING:
1. THAT THE UNITED STATES INTERNAL REVENUE SERVICE HAS DETERMINED
THAT BENEFITS ARE SUBJECT TO FEDERAL INCOME TAX.
2. THAT REQUIREMENTS EXIST PERTAINING TO ESTIMATED TAX PAYMENTS.
3. THAT THE INDIVIDUAL MAY ELECT TO HAVE FEDERAL INCOME TAX
DEDUCTED AND WITHHELD FROM THE INDIVIDUAL'S PAYMENT OF BENEFITS IN THE
AMOUNT SPECIFIED IN THE FEDERAL INTERNAL REVENUE CODE.
4. THAT THE INDIVIDUAL IS ALLOWED TO CHANGE A PREVIOUSLY ELECTED
WITHHOLDING STATUS.
23-382.15. Family and medical leave insurance fund
A. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND IS ESTABLISHED
CONSISTING OF CONTRIBUTIONS RECEIVED PURSUANT TO SECTION 23-382.04 AND ANY
OTHER MONIES. THE COMMISSION SHALL ADMINISTER THE FUND. EXPENDITURES
FROM THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THE FAMILY AND MEDICAL
LEAVE INSURANCE PROGRAM, INCLUDING CONDUCTING THE PUBLIC EDUCATION
CAMPAIGN PURSUANT TO SECTION 23-382.17. ONLY THE DIRECTOR OR THE
DIRECTOR'S DESIGNEE MAY AUTHORIZE EXPENDITURES FROM THE FUND.
B. WHENEVER, IN THE JUDGMENT OF THE COMMISSION, THERE IS IN THE
FAMILY AND MEDICAL LEAVE INSURANCE FUND AN AMOUNT OF MONIES OF MORE THAN
THE AMOUNT DEEMED BY THE COMMISSION TO BE SUFFICIENT TO MEET THE CURRENT
EXPENDITURES PROPERLY PAYABLE FROM THE FUND, THE STATE TREASURER MAY
INVEST, REINVEST, MANAGE, CONTRACT, SELL OR EXCHANGE INVESTMENTS ACQUIRED
WITH SUCH EXCESS FUNDS IN THE MANNER PRESCRIBED BY THE LAWS OF THIS STATE
ON NOTICE FROM THE COMMISSION.
23-382.16. Annual report
BEGINNING SEPTEMBER 1, 2029 AND EACH SEPTEMBER 1 THEREAFTER, THE
COMMISSION SHALL SUBMIT A REPORT TO THE GOVERNOR, THE PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND SHALL PROVIDE
A COPY OF THE REPORT TO THE SECRETARY OF STATE, THAT INCLUDES ALL OF THE
FOLLOWING:
1. THE PROJECTED AND ACTUAL PROGRAM PARTICIPATION BY SECTION
23-382.01 CATEGORY.
2. THE GENDER OF THE BENEFICIARIES.
3. THE PREMIUM RATES.
4. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND BALANCES.
5. OUTREACH EFFORTS.
6. FOR    LEAVE  TAKEN   UNDER   SECTION  23-382.01,   PARAGRAPH  2,
SUBDIVISION (b), THE FAMILY MEMBERS FOR WHOM LEAVE WAS TAKEN TO PROVIDE
CARE.
23-382.17. Public education
THE COMMISSION SHALL CONDUCT A PUBLIC EDUCATION CAMPAIGN TO INFORM
EMPLOYEES AND EMPLOYERS REGARDING THE AVAILABILITY OF FAMILY AND MEDICAL
LEAVE INSURANCE BENEFITS. OUTREACH INFORMATION SHALL BE AVAILABLE IN
ENGLISH, SPANISH AND OTHER LANGUAGES SPOKEN BY MORE THAN FIVE PERCENT OF
THIS STATE'S POPULATION. THE COMMISSION SHALL USE MONIES FROM THE FAMILY
AND MEDICAL LEAVE INSURANCE FUND ESTABLISHED BY SECTION 23-382.15 TO
FINANCE THE PUBLIC EDUCATION CAMPAIGN.
23-382.18. Sharing technology
THE COMMISSION IS ENCOURAGED TO USE STATE DATA COLLECTION AND
TECHNOLOGY TO THE EXTENT POSSIBLE AND TO INTEGRATE THE FAMILY AND MEDICAL
LEAVE INSURANCE PROGRAM WITH EXISTING STATE POLICIES.
Sec. 2. Rulemaking
All rules necessary to implement this act shall be adopted within
one hundred twenty days after the effective date of this act.
Sec. 3. Severability
If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the act that can be given effect without the
invalid provision or application, and to this end the provisions of this
act are severable.
Sec. 4. Short title
Title 23, chapter 2, article 8.2, Arizona Revised Statutes, as added
by this act, may be cited as the "Arizona Thriving Families Act".
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the
public peace, health or safety and is operative immediately as provided by
law."
Amend title to conform

At a Glance

Status

DPA/SE

Mar 23, 2026

First Action

Jan 9, 2026

Latest Passage

Feb 25, 2026

Sponsors

Carine Werner, Hildy Angius, Thomas "T.J." Shope, Selina Bliss, Matt Gress

Think this bill should get a citizen poll?

This submits a request for DDP staff to review — not a guarantee Voatz polling will happen.