Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
A bill that would require employers to provide paid sick leave to employees was reintroduced in the House of Representatives on Monday by Rep. Rosa DeLauro (D-Conn.), and co-sponsored by 101 others. The Healthy Families Act (H.R. 2460) would allow employees to earn one hour of paid sick time for every 30 hours worked up to a maximum of 56 hours (seven days) annually. Employees could take this leave to attend to their own or a family member’s illness, or use the paid time off for preventative care such as doctor’s appointments. In addition, the bill provides leave for employees who are the victims of domestic violence, stalking or sexual assault. Employers with 15 or more employees would be covered by this legislation.
Employees would be entitled to avail themselves of sick leave – which begins accruing from the first day of employment – after 60 days. Paid sick leave would carry over from year to year, but may not exceed 56 hours unless the employer permits additional accrual. The Act would require medical certification if more than three consecutive days are taken off. If an employee leaves the place of employment and is rehired within 12 months, that employee is entitled to the accrued leave already earned, and would be entitled to take sick leave immediately.
Employers that already have in place paid time off policies that allow employees to take such leave for illness and other circumstances outlined in the Health Families Act would not need to modify their policies or permit additional paid time off.
A similar bill was introduced in 2007 by Rep. DeLauro and Sen. Ted Kennedy (D-Mass.), but failed to gain sufficient support. This prior legislation lacked the current bill’s leave accrual process, and the provisions permitting domestic violence or assault victims to avail themselves of paid sick leave to seek medical attention or services from a victim services organization or to take part in related legal proceedings.
The current legislation has been referred to the House Committees on Education and Labor, Oversight and Government Reform, and House Administration. Sen. Kennedy is expected to reintroduce a companion bill in the Senate later this week.