Is mandatory paid sick leave heading your way?
October 10, 2008 by Sam NarisiPosted in: Benefits Law, In this week's e-newsletter, Latest News & Views, State Law
Washington, D.C. has just passed a law requiring most companies to give employees paid time off for illness. Other states, as well as the feds, are considering similar bills.
D.C.’s law goes into effect on November 13 of this year and guarantees time off for physical and mental illness, to care for a sick family member and to deal with issues of domestic violence or sexual abuse.
Companies must provide:
- One hour of leave for every 37 hours worked, up to seven days a year (for companies with 100 or more employees)
- One hour for every 43 hours worked, up to five days a year (25 to 99 employees), or
- One hour for every 87 hours worked, up to three days a year (fewer than 24 employees).
Employees need to work for 12 months before becoming eligible for leave. The law does not apply to independent contractors and workers who make most of their money through tips.
More coming
San Francisco passed a similar bill last year, and a few states (Connecticut and Ohio, for example) are considering making sick leave mandatory.
On the federal side, Congress has kicked around the Healthy Families Act for a few years, but has yet to vote on it. Experts say the issue should come to the forefront soon, especially if the Democrats win the presidential election. We’ll keep you posted.
October 15th, 2008 at 12:03 pm
Are these paid days off in addition to any days already paid or can paid holidays already offered be used to satisfy the requirement?
October 15th, 2008 at 1:51 pm
Holidays and Vacation time are separate from this mandatory Sick Leave
October 15th, 2008 at 2:20 pm
In San Francisco there is a provision within the Ordinance that roughly states: if a company offers a pool of leave (i.e Paid Time Off) that can be used for vacations, sick, etc. and the amount the person accrues is greater than the amount required by the Sick Leave Ordinance, then it meets the requirnments of the Ordinance and the company does not have to provide additional accrual above this amount. However it must segregate the hours because the sick leave is not subject to use or loose. Does the Washington, D.C. law have the same provision? Also is the headcount the total company or just employees working in the District of Columbia and is the 12 months for eligibility retroactive or moving forward from November 13th?
October 15th, 2008 at 2:54 pm
Does this new law apply to all workers (i.e., full-time, part-time, hourly and salary)?
October 15th, 2008 at 3:01 pm
Let’s see how many smart companies re-locate across the river to VA or MD. Another example of government intrusion into our lives.
CA has suffered a huge loss of businesses since the liberal policies of the past 10 years have forced companies to move to NV, AZ, or OR.
Taxes and crazy leftist regulations are driving businesses away - and people wonder why the jobs are leaving.
October 15th, 2008 at 3:19 pm
Our company has PTO that is to be applied for any personal, sick, mental health or vacation days. Would this be above and beyond that?
And Larry, you are a crabby unhappy person because all you do is respond to these articles is a negative way. I certainly hope you are not in a position of authority. If so, your employees must be very unhappy. Life is too short to be so hostile and negative.
October 15th, 2008 at 4:22 pm
DITTO LARRY’S STATMENT
October 15th, 2008 at 4:26 pm
Sorry, CJ…Agree with Larry. Businesses should be given the right to voluntarily manage their own benefit policies to meet the needs of the industry. Benefits should be at the sole discretion of the employer. If they want to recruit and maintain the best talent, they will be competitive. Let me repeat… competitive. Capitalism runs on “Free” markets.
October 16th, 2008 at 9:11 am
If you are troubled by government intrusion, check these out and who is supporting them as we approach election day and understand the impact to employers, employees, morale, productivity, etc… Vote accordingly….
EFCA (Employee Free Choice Act)
HFA (Healthy Families Act)
Lilly Ledbetter Act
Civil Rights Act of 2008
Patriotic Act of 2007
Ergonomic Regulations - OSHA
October 16th, 2008 at 10:19 am
CRABBY? How are you supposed to respond to tyrrany?
wiz
October 16th, 2008 at 11:25 am
we give 7 days sick leave and have been giving this for years. (non-exempt) we pay any unused sick leave 3 weeks before Christmas. Let me summarize 49% of our hourly wage in the warehouse is in company benefits. Now where am i going with this information. Regardless of how great our benefits are Larry is right on Mr. CJ. Perhaps you should look into a mirror and determine who is the crappy unhappy person. I personally hope Larry is in a position of authority because he certainly is not a puppet to higher management like some H R folks i am thinking about currently. Jim is also right on! If your business is in California just look at what party is trying to destroy business in Sacramento. Regardless what state you are in look at what party wants to pass bills that makes it tough for business. “Fight On” Larry, Jim, and Chris.
October 16th, 2008 at 11:53 am
Unfortunately, we have a group of politicians that think people have “rights” to just about everything and employers should pay for them. These rights aren’t mentioned in the Constitution - they are created in the minds of politicians who are looking for votes. Let’s try this - business should have the “right” to decide what they can afford to provide their employees - period.
We’ve become a nation of people who feel they are entitled. The only thing they are entitled to is the right to life, liberty and pursuit of happiness. Government should make certain that people are free to pursue opportunity but they can never guarantee the opportunity. That should be earned.
October 16th, 2008 at 12:04 pm
wiz - I would vote out the tyrants. If you want more of this in the next 4 years you candidate is clear - he is pushing all the measures I posted above.
October 16th, 2008 at 12:08 pm
AMEN –JIM
October 16th, 2008 at 12:16 pm
CJ - if you are worried about hostility and negativity then you should be worried that every time any government, state or federal imposes more “rights” for people at other peoples expense. None of these rights to benefits exist any where in the Constitution - they only exist in the minds of politicians and bench-legislating justices. We’re about to see some of the greatest struggles and periods of unrest in the employer/ employee relationship that we’ve seen in decades if we support those who would inflict yet a high premium on employers for their social engineering agenda. Some of the bills I’ve posted above will be the death-nail for business and for jobs.
October 16th, 2008 at 1:07 pm
Amen Al, Jim, Wiz, Chris, Larry and any others that do not agree with CJ. Perhaps we could be more bold and just state who the clear vote should be for….what people forget is that Hitler was also very eloquent and well spoken….VOTE CONSERVATIVE and hopefully we can save this country from certain destruction
October 16th, 2008 at 4:17 pm
Yes, I agree that a conservative vote really is a vote to at least delay the destruction of our country. (Unfortunately, I think it will eventually get worse later if not sooner.) I agee with you Lisa, and Al, Jim, Wiz, Chris, and Larry, etc.
But I have a question getting back to that issue of earned time vs. separated sick time. If you offer earned time that satisfies the amount of time offered, AND you can carry over unused earned time (no use or lose for pretty much, all of it), will one still have to separate out the sick time. I suppose it will vary state to state… unfortunately, I live in Massachusetts…, but in this particular case … since California often sets the standard?
October 16th, 2008 at 4:49 pm
HELLO DG AND YOUR QUESTION IS VERY GOOD. UNTIL WE SEE THE FINE PRINTED RULES I WOULD SUSPECT YOU WOULD HAVE TO SEPARATE OUT THE SICK TIME. I ONLY SAY THIS AFTER BEING IN AN HR ROLE FOR OVER 40 YEARS IN CALIFORNIA. THERE IS AN OLD SAYING THAT WEST COAST LABOR (I.E. UNION STUFF) STARTS IN THE WEST AND ROLES BACK TO THE SOUTH AND EAST COAST). ALL (POLICIES) WRITINGS ON THIS SUBJECT WILL PROBABLY BE SET BY CALIFORNIA COURTS. HOWEVER I COULD BE MISTAKEN AND I WRITE THIS ONLY FROM EXPERIENCE.
AGAIN IT IS SMALL BUSINESS THAT IS TAKING THE HIT (AND TO A DEGREE MIDDLE AND BIG) AND THAT IS WHAT THE DEMOCRATES ARE FOCUSING ON IN THIS NATION. SMALL BUSINESS/ENTRPRENEURSHIP IS WHAT AMERICA IS ALL ABOUT, AND WHY THEY CONTINUE TO TRY AND DESTROY BLOWS MY MIND. (OOPS I JUST GOT POLITICAL SORRY)
October 17th, 2008 at 8:23 am
From the comments, am I correct in understanding that this new paid sick leave law applies to companies based in Washington D.C. only?
What about those based in VA, MD or other state periodically working in D.C.?
October 29th, 2008 at 1:26 pm
I love the Hitler comment, mostly u when considering our current president has mirrored him more then any other person in our presidential history. Although I do not agree with most of the postings, other then CJ. I am very happy to see so many people active in what they believe! Just remember the amount of debt and the HUGE government we have right now all stems from a Republican Congress, Senate and House.
I work in Virginia, I work for the Federal Government and I do support businesses having their own say. However, many, abuse the system, hire people they should not be, exploit workers and much more…thus requiring government intervention.
November 4th is straight away- may the best man win!
October 29th, 2008 at 2:24 pm
AT - while the debt is higher in dollars, it is easier to service today than it was 10 years ago (ie, it requires much less tax revenue to service the interest). That is due to the tremendous growth in the private sector as result of the tax cuts by this administration and others. If you do your homework you’d note that the national debt as a percent of GDP is only half of what it was following WWII. That’s a good thing. I would suggest you read the following articles relative to the current financial mess and ask yourself who brought down Fannie and Freddie Mae, and the entire economy? Who received $126k from F&F in just 2 years?
http://www.aei.org/publications/filter.all,pubID.28704/pub_detail.asp
I would say most businesses are honest and follow the federal rules that for the most part are designed for votes first and the welfare of employees second.
Also read this and tell me how the party supporting this is better for workers and employers come 2009? This idea would sink employees already reeling from the failure of Freddie & Fannie by guess who?
http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20081012/REG/310139971/0/TOC&ht=hansard
Nov 4th is straight away - I suggest we all do our homework, understand how we got to where we are today and then vote accordingly.