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Temporary Paid Sick Leave Legislation Introduced to Deal with H1N1, Other Illnesses
Posted: November 5, 2009
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As concern over H1N1 and influenza-related illnesses continues to spread, legislation that would require employers to provide up to five days of paid sick leave per year to workers afflicted with influenza or other, similar contagious illness has been introduced in the U.S. House of Representatives. The bill applies to employers with 15 or more employees where workers comply with the employer’s directive to go home or stay home from work because of a contagious illness. The proposed legislation, titled the Emergency Influenza Containment Act (H.R. 3991), was introduced by House Education and Labor Committee leader Rep. George Miller (D-Cal.) and Workforce Protections Subcommittee leader Rep. Lynn Woolsey (D-Cal.). If passed, the bill would apply to both full- and part-time employees who are “directed” or “advised” to leave work or not come in “because the employer believes the employee has symptoms of a contagious illness, or has been in close contact with an individual who has symptoms of a contagious illness.” Contagious illness is defined in the legislation and includes “influenza-like-illnesses,” such as H1N1. Covered employees would be entitled to an amount of paid sick leave calculated based on the employee's regular rate of pay and scheduled hours of work. Small employers and companies that already provide five or more paid sick days per year would be exempt from the bill’s requirements. The measure also would prohibit employers from firing, disciplining, or retaliating against workers who comply with the employer’s directive to stay home or not come to work. Under the proposed law, the employer could cut short an employee’s paid sick leave allotment by notifying the employee of its belief that he or she can return to work. Earlier this year, Congress introduced legislation that would require employers with 15 or more employees to provide up to seven paid sick days each year. The bill, titled the Healthy Families Act (H.R. 2460/S. 1152), was introduced by Rep. Rosa DeLauro (D-Conn.) and the late Senator Edward M. Kennedy. In addition to time off for an employee’s own — or a family member’s — physical or mental illness, injury, medical condition, or preventive care, the Healthy Families Act also would provide paid sick time for absences related to domestic violence, sexual assault, or stalking. Employees would be entitled to accrue one hour of paid sick time for every 30 hours worked, up to a total accrual of 56 hours — or seven days — of paid sick time. Employees would begin accruing hours as soon as they start working for a covered employer and could begin using the accrued time 60 days from their first day of work. While the Healthy Families Act has been stalled for the past few months, the Emergency Influenza Containment Act may move along more quickly as a result of mounting concerns regarding influenza-related illnesses. The House Education and Labor Committee is expected to hold a hearing on the legislation during the week of November 16. The Emergency Influenza Containment Act would expire two years from enactment. We will keep you apprised of developments as these paid sick leave measures make their way through Congress.
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