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Healthy Families Act back in the news

The National Partnership for Women & Families, with considerable assistance from the AFL-CIO, has launched what it calls an “Online Rally for Paid Sick Days.” It’s a pretty slick web site designed to promote the Healthy Families Act.

The Act, introduced in both the House and Senate in 2007, has not yet been voted on by either house of Congress. It would require employers with 15 or more employees to provide 7 days of paid sick leave for employees working 30 or more hours per week. Additionally, it would require a pro-rated number of days or hours of paid sick leave for employees who work less than 30 hours per week (or less than 1,500 hours per year) and allow employees to take leave for their own medical condition, doctor appointments, or preventative or diagnostic treatment. Employees could also use the leave to care for a family member with comparable needs. Leave would be calculated on an hourly basis or in the smallest increment that the employer’s payroll system uses.

More than one commentator, including our friend Kris Dunn, has expressed concern that the bill may require employers who currently provide significant paid time off to grant 7 additional paid sick days. This concern comes from section 5(g)(2) of the bill, which states:

An employer may not eliminate, reduce, or redesignate any leave in existence on the date of enactment of this Act in order to comply with the provisions of this Act.

That concern is probably unnecessary. Section 5(g)(1) seems to make it clear that additional days are not required:

An employer with a leave policy providing paid leave options shall not be required to modify such policy, if such policy includes provisions for the provision, use, and administration of paid sick leave that meet the requirements of subsections (a) through (f).

Nevertheless, supporters of the Healthy Families Act would probably be wise to further clarify this issue.

Posted on Friday, February 29, 2008 at 06:54PM by Registered Commenterworkplacehorizons.com in , | Comments Off

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