House Democrats Introduce H1N1 Flu Emergency Sick-Leave Bill

[Omaha Steve]

News ● U.S. House of Representatives

EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman

Tuesday, November 3, 2009

Press Office, 202-226-0853

House Democrats Introduce H1N1 Flu Emergency Sick-Leave Bill

WASHNGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, announced emergency temporary legislation today that will guarantee five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. The House Education and Labor Committee will hold a hearing on the legislation the week of November 16.

“Sick workers advised to stay home by their employers shouldn’t have to choose between their livelihood, and their coworkers’ or customer’s health,” said Miller. “This will not only protect employees, but it will save employers money by ensuring that sick employees don’t spread infection to co-workers and customers, and will relieve the financial burden on our health system swamped by those suffering from H1N1.”

“To help control the spread of the H1N1 flu virus, workers who are sick should stay at home,” said Woolsey. “This bill will ensure that workers who are directed to stay home by their employers can do so without paying a financial penalty.”

The Centers for Disease Control estimates that a sick worker will infect one in ten co-workers. As a result, the CDC and other public health officials have advised employers to be flexible when dealing with sick employees and to develop leave policies that will not punish workers for being ill.

At least 50 million American workers do not have access to paid sick leave, many in lower-wage jobs that have direct contact with the public such as the food-service and hospitality industry, schools and health care fields. The National Partnership for Women and Families estimates that the economy loses $180 billion in productivity a year when sick employees show up to work, also known as “presenteeism.”

Among other provisions, the Emergency Influenza Containment Act:

* Guarantees a sick worker up to five paid sick leave days a year if an employer ‘directs’ or ‘advises’ a sick employee to stay home or go home.

* Covers both full-time and part-time workers (on a pro-rated basis) in businesses with 15 or more workers. Employers that already provide at least 5 days’ paid sick leave are exempt.

* An employer can end paid sick leave at any time by informing the employee that the employer believes they’re well enough to return to work. Employees may continue on unpaid leave under the Family Medical Leave Act or other existing sick leave policies.

* Employees who follow their employer’s direction to stay home because of contagious illness cannot be fired, disciplined or made subject to retaliation for following directions.

* Takes effect 15 days after being signed into law and sunsets after two years.

[Barack_America]

1. So, considering Wal-Mart makes their workers work when sick, they're in the clear?

"Guarantees a sick worker up to five paid sick leave days a year if an employer ‘directs’ or ‘advises’ a sick employee to stay home or go home."

WalMart isn't advising their workers to stay home. They're advising them to come in or risk losing their jobs.

[robinlynne]

7. exactly. don't they get it?

[imdjh]

12. Walmart gives sick days, but like most old fashioned bosses, rewards "perfect attendance" nt

[grasswire]

2. oh bother -- now bosses won't send workers home

Isn't that what this boils down to?

[Lost-in-FL]

3. Republicans against the measure in one... two... nt

[GMA]

4. Just talked to a close friend

who's a teacher. She had H1N1 and was only able to take 2 days, in order to keep from using up all her sick days in September. It's just reality. I'm sure you could find any number of companies where employees feel pressure to go to work.

[Obamanaut]

8. You're saying the friend had more sick leave but only took two days

so she wouldn't use it all up?

Isn't the concept behind sick leave to use it when you are sick? Especially if you have more accrued and you are still sick.

[GMA]

15. Yeah, I'm saying she only used two days,

because she only has a limited number of sick days for the whole school year. It was only September, and she was worried about getting sick again sometime during the year.

[Solly Mack]

5. It hasn't been my experience that employers are inclined to send sick employees home

or tell them not to come in if they're sick. I worked the service industry during my teens and that just didn't happen.

Maybe said employers have changed over the years.

[MattBaggins]

10. Exactly

This bill should say if a doctor tells you to stay home.

This bill doesn't sound like it will actually do what they think it's supposed to do.

[NMDemDist2]

6. i work for the federal gov'mt and one of our guys was out sick for 6 days

he's out of sick leave, don't know how it's gonna play out now.....

[Obamanaut]

9. Can co-workers donate sick time to the sick guy? We did that when

I worked for Dept of Corrections (state)

[imdjh]

11. It would be amazing if they simply required employers to pay five sick days. All employers.

[Barack_America]

13. But the bottom line!

Dear God, what would happen to the bottom line if we treated this nation's workers with respect and compassion?!?!

Who will think of the bottom line?

*What's that you say? Washington? Oh yes, of course Washington will.*

[wildflowergardener]

14. sick leave

It seems to me this would make employers more likely to tell workers they need to come into work anyway if they are sick.

[Omaha Steve]

16. We have been told several times about the flu and what to do at work

We had a required meeting of all our employees and managment. If you have the flu, stay home.

We have a good sick leave benefit.