Facts About Paid Sick Leave
As anticipated, Mandatory Paid Sick Leave (the so-called Healthy Families Act, H.R. 2460) was reintroduced on May 18, 2009 by U.S. Representative Rosa DeLauro (D-CT). This issue has received a great deal of attention on both the state and federal level. It was introduced in the U.S. House and Senate in the 110th Congress and was also scheduled to appear on Ohio November 2008 ballot. In both cases, COSE came out in opposition of this issue, working to urge federal legislators to oppose the legislation, and also advocating for its removal from the Ohio ballot last year.
Background on Mandated Paid Sick Leave
Mandatory paid sick leave was created to ensure that American workers have the time to care for themselves and their families without experiencing reprisal from their employers. The reality is, however, that while the proponents claim that 75 million working Americans do not have access to “paid sick leave,” over 88% of working Americans have access to some form of paid time off. The term “sick days” is antiquated and fails to address the nature of the changing times and the fact that modern employers understand that their employees need flexibility to function as both an effective part of the business as well as a part of their families. In response, employers have answered by providing their employees with flex time, paid time off, etc. to accommodate the changing needs of the American family.
Mandated Paid Sick Leave
Some of the provisions included in the newly introduced federal version of Mandated Paid Sick Leave include:
- Employers with more than 15 employees will be required to offerat least 7 days of paid sick leave to their staff.
- Paid sick elave can be used in cases of mental and physical illness, preventative care, to care for a child, parent, spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
- Employees will have the ability to take time off in the smallest increment in which the employer tracks time. Meaning, if an employer tracks time in 15 minute incriments, an employee could arrive fifteen minutes late or leave fifteen minutes early and utilize this time if he/she or a member of their family was ill.
- An employee is required to submit medical documentation for their use of paid sick leave only in cases when they have been absent for 3 consecutive days - at which time, an employee has 30 days to comply.
- Employees can take scheduled and unscheduled leave. If foreseeable, employees are asked to provide a seven-day notice of the need to take leave - otherwise, employees are asked to provide notice for leave as soon as practicable.
- Employers are not required to reimburse employees for unused leave in the event of termination, resignation, retirement, or other separation from employment.
- If an employee is rehired within 12 months after a separation by the same employer, the employer is required to reinstate the employee's previously earned paid sick leave.
- Victims of domestic violence will be permitted to utilize paid sick leave for needs related to domestic violence.
- The provisions included in Mandated Paid Sick Leave will go into effect 6 months after the bill has been passed.
If passed, mandatory sick leave would be detrimental to employers, employees and the U.S. economy as a whole. It would change the relationship employers enjoy with their employees, remove the flexibility employees currently enjoy with respect to time off policies and would make growing a business an economic disincentive.