Paid Sick Leave for Swine Flu Victims?
By Mark Spring
This month, legislation is being introduced in both houses that would guarantee paid sick leave for employees infected by the H1N1 virus or other flu like illnesses, where the employee works for a business with at least 15 employees. The legislation is being considered on an emergency basis and if passed as such would take effect 15 days days after being signed into law. The bills are currently contemplated to be temporary bills designed principally to combat the H1N1 virus and the leave provisions would automatically expire after two years.
The key sponsor of the broader Senate side legislation, Senator Chris Dodd, is quoted on his website as stating "Families in Connecticut—and across the country—shouldn’t have to choose between staying healthy and making ends meet. H1N1 flu is a public health emergency—and slowing the spread of the disease must be one of our top priorities. This bill will allow individuals with the H1N1 flu to follow the recommendations of the CDC and stay home instead of coming to work while sick, and will also make it easier for parents to care for children who must stay home due to the flu or school and child care closings. This is not simply a matter of workers’ rights—this is the right thing to do for families, and for the sake of everyone’s health."
The Senate Bill, which has yet to be introduced and will be sponsored by Senator Dodd, would allow employees to earn up to seven paid sick days to use for:
(a) to care for a child who is sick with the H1N1 virus or has flu like symptoms;
(b) to care for a child whose school or child care facility is closed because of the spread of contagious illness;
(c) issues related to their own flu symptoms or care.
The House bill, referred to as the Emergency Influenza Containment Act, is much narrower than the Senate version being considered. The House Bill, H.R. 3991, which was introduced by California Congress members George Miller and Lynn Woolsey, limits the leave to five days, provides that the leave will only be paid if the employer requires the employee to stay home, and provides for leave only for the employee's own illness.
A hearing was held on HR 3991 on November 17 before the House Committee on Education and Labor, a committee which Congressmember Miller chairs. At the hearing, concern was expressed regarding limiting paid leave to situations where the employer requires the employee to stay home, with various member of Congress worried that by limiting the paid leave to situations where the employer mandates that the employee stay home, the legislation will force employers to get into the medical diagnosis business.
Currently the bill remains in Committee and the Senate bill has yet to be formerly introduced. We will continue to keep you updated on the status of these bills.