Bill Would Provide Five Paid Sick Days to Employees with H1N1

Rep. George Miller (D-Calif.), chairman of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-Calif.), chair of the Workforce Protections Subcommittee, have introduced a bill that would provide up to five paid days of sick leave per year to employees who are told to miss work on account of a contagious illness. The stated purpose of the Emergency Influenza Containment Act (H.R. 3991) – which applies to employers with 15 or more employees – is to “ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk.” Under the terms of this legislation, which covers both full- and part-time workers, employees would be entitled to this paid leave only if they are sent home or advised to stay home by their employers. Employees who decide to stay home on their own claiming to be sick would not have access to this leave.

Employers that already provide at least 5 days of paid sick leave would be exempt from the provisions of this bill. In addition, employers would be permitted to end the sick leave at any time by informing the employees that they believe the employees are well enough to return to work. Employees would be able to continue on unpaid leave under the Family Medical Leave Act or other existing sick leave policies. Those 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.

The entitlements provided in this bill would go into effect within 15 days after enactment, and sunset after two years. This bill has been referred to the House Committee on Education and Labor. According to a press release, this committee will hold a hearing on this emergency legislation the week of November 16.

Although this bill is considered a temporary measure, there has been a push this session to pass permanent sick leave legislation. The Healthy Families Act (H.R. 2460) introduced in May 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. These provisions are also incorporated in the Balancing Act of 2009 (H.R. 3047), legislation introduced this summer by Rep. Woolsey that integrates a number of previously-introduced work/family balance bills.

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