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WeVote Research Nonpartisan
Bill Summary · HB 29

Bill overview

HB 29 (2026 Regular Session, Kentucky) amends leave-from-employment protections to strengthen safeguards for employees who take leave related to crime victims and court proceedings. It builds on existing law that protects employees from termination for appearing in court, expanding protections to cover victims of crime and clarifying notice and confidentiality requirements.

Purpose and intent

  • Enhance employee protections by prohibiting an employer from discharging, discriminating against, or retaliating against an employee who takes legally required leave to attend court or other legal or investigative proceedings related to the crime.
  • Ensure victims and related individuals can participate in criminal justice processes without fear of job loss or retaliation.
  • Maintain confidentiality of information related to an employee’s leave request.

Key provisions

1) Expanded protection under KRS 337.415
- Prohibits discharge, retaliation, or discrimination by an employer against an employee who takes leave to attend court or related proceedings for the crime, in addition to existing protections for appearing in court.
- Employee notice: Employee must provide reasonable notice by sharing a copy of the court or agency scheduling notice. If prior notice isn’t practicable, the employee must provide documentation within two business days after returning to work.
- Use of accrued leave: Employee may use accrued vacation, personal leave, compensatory time, or sick leave for the leave. If no accrued paid leave exists, the employer decides whether to pay for the leave.
- Confidentiality: Employers must keep confidential any verbal/written communications or records related to the leave request.

2) Civil penalties and enforcement (amendment to KRS 337.990)
- Establishes penalties for violations, including per-offense civil penalties ranging from $100 to $1,000.
- Separate offenses for each day of denial or each failure to pay required wages/benefits.
- Violations include failure to maintain confidentiality or willful adverse actions against an employee for requesting or taking leave.
- Victims who suffer reputational or actual damages under subsection (3) of Section 1 may pursue a private right of action, in addition to civil penalties.

Affected parties

  • Employers in Kentucky (private and public sectors) with employees covered by Kentucky wage and hour and anti-discrimination provisions.
  • Employees who are victims of crime, or who must attend court or investigative proceedings related to a crime, and who need to take leave.
  • Local governments and agencies may need to update policies and manuals to reflect new requirements.

Procedural and timeline aspects

  • Notice requirement: Prior notice with court/agency documentation; if not practicable, documentation within two business days post-return.
  • Confidentiality obligation: Ongoing protection of shared information related to the leave.
  • Penalties: Civil penalties apply for violations; daily offenses create separate penalties. Private right of action may be pursued for damages in cases of willful violations.
  • Local government fiscal impact: Expected to be minimal, though potential costs include administrative updates, potential pay for leave, and any administrative penalties if violations occur.

Local government considerations

  • Local ordinances/manuals may need revision to implement the new requirements.
  • Potential costs for legal counsel, notices, and administration, but spillover effects are anticipated to be modest.

Overall, HB 29 strengthens protection for crime victims and those involved in related proceedings by ensuring job security during legally required leave, clarifying notice and confidentiality requirements, and providing enforcement mechanisms through civil penalties and potential private lawsuits.

Compiled from official sources — confirm details with the bill’s official record.

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