H1N1 Paid Sick Leave Gains Traction

Nov 18, 2009

With the whirlwind of news accounts on H1N1 flu, mandated paid sick leave proponents have seized upon a window of opportunity in the wake of the pending flu season. While the threats of H1N1 merit careful preparation and planning, NSBA has encouraged vigilant deliberation on paid sick leave policies before hasty action is taken amid the current economic recession.

NSBA reported last week of the introduction of the Emergency Influenza Containment Act (H.R. 3991) in the House of Representative by Education and Labor Chairman George Miller (D-Calif.). Chairman Miller held a hearing, “Protecting Emloyees, Employers, and the Public: H1N1 and Paid Sick Leave Policies,” on Nov. 17 that corresponded with Senate Health, Education, Labor and Pensions Subcommittee on Children and Families Chairman Chris Dodd’s (D-Conn.) November 10 hearing.

Small businesses clearly have tremendous interest in protecting their workforce. To be sure, employers do not want sick individuals at work, and individuals who are sick do not want to be at work. Employer’s greatest assets are their employees; thus, employers have every incentive to maintain an educated and healthy workforce by tailoring their work place and benefits to meet the needs of their business and their employees.

Many proponents of paid sick leave argue a large percentage of workers do not have dedicated paid sick leave policies to guard against loses assumed by illness; however, the assertion fails to account for flexible benefit arrangements, such as paid time off (PTO) policies that are utilized by many small businesses. In fact, the Department of Labor’s Bureau of Labor Statistics (BLS) show in their February 2009 Monthly Labor Report that 93 percent of full-time workers and over half of part-time workers have access to paid sick leave. Nevertheless, paid sick leave proponents on Capitol Hill continue to push for legislation that fails to account for paid leave programs and initiatives that businesses already have in place.   

Chairman Dodd indicated at the hearing last week he plans to structure Senate companion legislation off of the Healthy Families Act (S. 1152/H.R. 2460), which would require employers with 15 or more employees to provide seven paid sick leave to their employees. Chairman Dodd indicated in a press release that the following provisions would be included in his H1N1 paid sick leave proposal:

• Workers will be given up to seven paid sick days to use for leave due to their own flu-like symptoms, medical diagnosis or preventive care, to care for a sick child, or to care for a child whose school or child care facility has been closed due to the spread of flu.
• Discretion on the need for sick leave would be left to the employee, although medical certification could be required through regulation by the Department Of Labor.
• The bill would go into effect 15 days after being signed into law, and it would sunset after two years.

Chairman Dodd’s proposal would have a marked difference from H.R. 3991, including provisions that would provide for seven paid sick days instead of five; the inclusion of “preventative care”; and, giving the employee the discretion to utilize the sick leave and not the employer, which is the model included in the House version.

NSBA has provided formal comments to the House and Senate hearings, which will be available under NSBA’s Mandatory Employee Leave priority listing shortly. In addition, NSBA joined 25 employer groups in writing in opposition to H.R. 3991 in his current form. The letter outlines several vague and confusing provisions that could result in myriad unintended consequences, which could threaten jobs and the viability of many of the nation’s small businesses.

Watch the NSBA Web site for more information on H.R. 3991, its Senate companion legislation, and other news on H1N1 as it is made available.