On March 15, 2007, Senator Ted Kennedy (D-Ma) and Congresswoman Rosa DeLauro (D-CT) introduced the Healthy Families Act (S.910, H.R. 1902) that would require employers to provide 7 paid sick days a year. The legislation applies to the federal and state government. It also applies to private sector employers who have 15 or more employees. Paid leave would be required: (1) for an absence resulting from a physical or mental illness, injury, or medical condition of the employee; (2) absences to obtain professional medical care; and (3) absence to care for a child, parent, spouse, or other individual related by blood or affinity whose association with the employee is equivalent to a family relationship.
The legislation sets up time frames for an employee to request leave and permits an employer to support their request for leave with medical documentation. Employers will have to post notice of paid sick leave rights.
The legislation prohibits interference and discrimination for exercising the right to paid sick leave. The Secretary of Labor is tasked with enforcing the legislation. Employee's who believe their right to paid leave has been violated may sue their employer in federal or state court for monetary damages and injunctive relief, including attorneys fees and costs.
Comment: The legislation is similar to other efforts to expand the FMLA to cover leave for certain non-serious health conditions. With the change of Congress and the election cycle starting in earnest, these efforts may not be the academic exercise they have been in the past and bear your attention. I will keep you posted as developments warrant.
Comments