Mandatory Paid Sick Leave
Benjamin L. Pratt
Recently the Healthy Families Act of 2009 (HR 2460) was introduced into Congress. This legislation would impose mandatory paid sick days for employees. As written, this bill will supersede all paid time off (PTO) policies and even possibly employment collective bargaining agreements.
The legislation is proposing that employers would be required to provide up to fifty-six (56) hours of paid sick leave each year. Employers with more than fifteen (15) employees would be affected by the legislation. Workers would accrue paid sick leave at a rate of one hour per every thirty (30) hours of work, and could begin using the paid sick leave after sixty (60) days of employment. Additionally, the legislation states that unused sick leave would roll over into the next year, therefore allowing employees to accumulate sick leave.
Lastly, the legislation goes on to state that employers would not be permitted to ask for written documentation from a physician until after the employee has missed three (3) consecutive days.
It is evident from this law that Congress is trying to supersede the employers right of establishing benefits for its employees by mandating that employers provide paid sick leave. Currently, as the bill is written, there is no consideration for those employers that already provide some type of paid sick leave. It appears the legislation applies to all employees whether full-time or part-time because of the fact that the law states an employee will be paid for one hour for every thirty (30) hours of work, therefore indicating the inclusion of part-time employees.
In a current economic downturn, one of the major concerns for employers is the impact of operating costs associated with providing additional paid leave of absence, without any relief provided by the Government. Some groups are happy with this proposed legislation but the costs to the employer and the affect on hiring employees is undetermined. If enacted, this legislation will obviously be a cost factor for any employer with fifteen (15) or more employees. Employers should monitor the progress of this act and contact their local Senators and Congressman to inform them of their opinion of the legislation.
CGA Law Firm will monitor the progress of this legislation and update you as necessary.
