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Bill

Bill

S 4852

Directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code

2025 Regular Session Introduced by Robert Jackson and 3 co-sponsors

Prohibits firing or disciplining workers for time missed during a state of emergency; forbids requiring use of leave; imposes penalties for violations.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · S 4852

Summary of Senate Bill S 4852

Note on inconsistency: The bill’s title mentions directing updates to fire prevention/building codes and energy conservation construction code, but the text provided under “Version Content” describes a bill about prohibiting certain employment practices during a state of emergency. The summary below is based on the Version Content (the employment-protections provisions). If the fire/code update language is the intended subject, please provide the correct text and I will summarize that instead.

Overview

  • Bill: S 4852
  • Status: Referred to Governmental Operations (Senate)
  • Introduced: November 10, 2025
  • Primary aim (based on the introduced text): Prohibit certain adverse employment actions against employees during a declared state of emergency and outline related notice and leave provisions, along with penalties for violations.
  • Effective date: Immediate upon enactment
  • Applicability: Applies to state of emergency declarations issued after the act’s effective date

Key Provisions

  • Definitions (Section 1)
    • Employee: Generally any employee of an employer, with carve-outs for physicians/medical personnel and other personnel required to maintain essential healthcare services (and with some exclusions for certain healthcare or safety-related roles).
    • Employer: Any employer or its agents/designees, with exclusions for: public safety agencies and their emergency-contractors; licensed health care facilities; public utilities and their contractors; and contractors providing street-clearing services for private facilities or emergency repair for public safety agencies.
    • Public Safety Agency: A municipal/county/state division that dispatches or provides emergency services (law enforcement, firefighting, EMS, etc.).
    • State of Emergency: A natural or man-made disaster or emergency declared by the Governor.
  • Prohibition on adverse actions (Section 2)
    • Employers may not terminate employment or take adverse actions related to compensation, terms, or privileges because an employee is not actively working at the employer’s place of business due to a state of emergency (and in areas affected where evacuations are advised).
    • Employers may not require employees to use sick, personal, or other employer-provided leave for time unable to work due to the state of emergency.
    • The act does not obligate employers to pay wages for time an employee is not actively working.
  • Employee duties during absence (Section 3)
    • Employee must make reasonable efforts to notify the employer of the absence.
    • Employee should return to work as soon as possible, no later than: the first shift or regularly scheduled work hours after the state of emergency is rescinded, or when emergency officials deem it safe, plus time needed to travel.
  • Penalties (Section 4)
    • Civil penalties for violations: up to $5,000 for the first violation; up to $10,000 for each subsequent violation.
    • Penalties collectible by the Commissioner of Labor and Workforce Development via a summary proceeding under the Penalty Enforcement Law of 1999.
  • Scope and limitations (Section 5–6)
    • Applies only to states of emergency declared after the act’s effective date.
    • Effective immediately upon enactment.

Who Is Affected

  • Employees experiencing an inability to work due to an active state of emergency.
  • Employers and their agents/representatives who would otherwise consider absences as unpaid or grounds for disciplinary action or dismissal.
  • Excluded categories include physicians/medical personnel and other workers essential to healthcare services, public safety agency contractors, licensed health care facilities, and public utilities or their contractors.

Legislative Context and Sponsors

  • Sponsors include Senators Luis R. Sepúlveda, Robert Jackson, Lea Webb (cosponsors) and James Skoufis (primary).
  • Related and companion bills exist (A 3307, others noted), indicating parallel or prior-session discussions.

Timeline and Process

  • Introduced November 10, 2025.
  • Referenced current status: Referred to Governmental Operations.
  • Earlier legislative actions listed in the record appear inconsistent with the November 2025 introduction date (some actions shown for March 2025), suggesting a fragmented or multi-session file. The summary above reflects the introduced text and status.

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

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