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(1) It shall be 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 Chapter.
(2) An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this Chapter. Such rights include but are not limited to the right to use sick time pursuant to this Chapter; the right to file a complaint or inform any person about any employer's alleged violation of this Chapter; the right to cooperate with the Agency in its investigations of alleged violations of this Chapter; and the right to inform any person of his or her potential rights under this Chapter.
(3) It shall be unlawful for an employer's absence control policy to count sick time taken under this Chapter as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action; provided, however, that nothing in this subsection shall prevent an employer from taking an action against an employee who uses sick time under this Chapter for purposes other than those enumerated in subsection 9-4105(1).
(4) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this Chapter.
(5) There shall be a rebuttable presumption of unlawful retaliation under this Section whenever an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that person:
(a) files a complaint with the Agency or a court alleging a violation of any provision of this Chapter;
(b) informs any person about an employer's alleged violation of this Chapter;
(c) cooperates with the Agency or other persons in the investigation or prosecution of any alleged violation of this Chapter; or
(d) opposes any policy, practice, or act that is unlawful under this Chapter.
(1) Employers shall give notice that employees are entitled to sick time, the amount of sick time, and the terms of its use guaranteed under this Chapter; that retaliation against employees who request or use sick time is prohibited and that each employee has the right to file a complaint or bring a civil action if sick time as required by this Chapter is denied by the employer or the employee is retaliated against for requesting or taking sick time. This information shall also be included in any employee handbooks that are distributed to employees.
(2) Employers shall comply with this Section by either (a) supplying each of their employees with a notice in English and in any language that is the first language spoken by at least five percent (5%) of the employer's workforce that contains the information required in subsection (1); or (b) displaying a poster in a conspicuous and accessible place in each establishment where such employees are employed which contains in English and in any language that is the first language spoken by at least five percent (5%) of the employer's workforce, all information required under subsection (1).
(3) The Agency shall create and make available to employers posters that contain the information required under subsection (1) for their use in complying with this subsection.
(4) An employer who willfully violates the notice and posting requirements of this Section shall be subject to a civil fine in an amount not to exceed one hundred dollars ($100) for each separate offense.
Employers shall commence keeping records documenting hours worked by employees, sick time taken by employees and payment made to employees for the sick time if payment was made upon the effective date of this Chapter, shall retain such records for a period of two years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. When an issue arises as to an employee's entitlement to sick time under this Chapter, if the employer does not maintain or retain adequate records documenting hours worked by the employee and sick time taken by the employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the employer has violated the Chapter, absent clear and convincing evidence otherwise.
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