This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide.
As predicted, paid leave initiatives have continued on the move, most recently to the District of Columbia, the city of Milwaukee, the city of Philadelphia, and for federal government employees. President Obama has repeatedly promised that he will initiate a strategy to encourage all 50 states to adopt paid leave systems. Although paid leave exists only in a handful of states and municipalities, Obama has stated that he will provide a $1.5 billion fund to assist states with start-up costs and to help states offset the costs for employees and employers.
District of Columbia Publishes Paid Sick Leave Rules
The District of Columbia’s Department of Employment Services has published proposed rules that would implement provisions of the District’s Accrued Sick and Safe Leave Act of 2008. The Act, which is fully discussed in Section 800 of our FMLA Leave Compliance Guide, requires employers in the District of Columbia to provide paid sick and “safe” leave to employees for illness and for absences associated with domestic violence and sexual abuse.
The Department of Employment Services published proposed regulations in the December 19 edition of the D.C. Register. The regulations identify how and when employees must notify their employer of the need for paid leave. Under the proposed regulations, employees must give 30 days’ written notice if the leave is foreseeable.
If the employee becomes aware of the need to use paid leave less than 30 days before the date the paid leave will be used, the employee must provide written notice to the employer on the day that the employee becomes aware of the need to use the paid leave.
The regulations also state that an employer may require that a request for paid leave of 3 or more consecutive days be supported by a certification in the form of a signed document from a healthcare professional, a police report, a court order, or a signed statement from a victim and witness advocate.
Other topics covered by the regulations include posting requirements, penalties, and the effect of the District’s law on existing employment benefits and paid leave policies.
Milwaukee Paid Sick Leave Referendum
On November 4, 2008, Milwaukee voters passed the Paid Sick Leave Referendum, which requires that all city businesses provide their employees with paid sick leave.
Under the Milwaukee ordinance, private employers will be required to provide workers 1 hour of paid sick leave for every 30 hours worked, up to 9 days (or 72 hours) per calendar year. Small businesses employing fewer than 10 employees (including part-time and temporary workers) will be required to provide up to 5 days (or 40 hours).
Employees begin accruing paid sick leave immediately upon employment, but will not be entitled to take the leave until the 90th calendar day following the start of employment.
An employee may use paid sick leave for his or her own physical or mental condition and for any preventive medical care. Leave can also be used for a family member’s physical or mental condition or preventive medical care. The ordinance also provides leave for employees to deal with domestic abuse, sexual assault, or stalking.
Since the passage of the city ordinance, the Metropolitan Milwaukee Association of Commerce challenged the legality of the ordinance on the ground that it exceeds the legislative powers of the City Council and conflicts with Wisconsin’s Family Leave Act. The challenge leaves the status of the ordinance in question.
Philadelphia Ordinance: Victims Leave
Despite strong opposition from the business community, beginning January 5, 2009, a Philadelphia ordinance will require employers in the city to give unpaid leave to employees who need time off for reasons related to sexual assault or domestic violence, including stalking. Employees of businesses with fewer than 50 employees will be eligible for up to 4 weeks of leave in a 12-month period under the ordinance, while employees of businesses with 50 or more employees will be eligible for up to 8 weeks of leave in a 12-month period.
The ordinance does not create a right for employees to take unpaid leave in addition to the 12 weeks required by the federal Family and Medical Leave Act. Employees must provide the employer with at least 48 hours’ advance notice of the need for leave, when practicable. Employers may require the employee to provide certification that the employee or a family or household member is a victim of domestic or sexual violence and that the leave is for one of the permitted purposes.
Employers are required to post information about the ordinance in a conspicuous location where notices to employees are customarily posted. More information is available at http://www.phila.gov/humanrelations/
Paid Leave for Federal Employees Makes Comeback
Representatives in Congress have introduced another paid parental leave bill for federal employees. On January 22, the Federal Employees Paid Parental Leave Act (HR. 626), which would grant federal employees 4 weeks of paid parental leave for the birth or adoption of a child, was reintroduced by Reps. Carolyn Maloney (D-NY), Frank Wolf (R-VA), Steny Hoyer (D-MD), Danny Davis (D-IL), and Edolphus Towns (D-NY).
Currently, federal workers must deplete their paid annual sick leave and unpaid leave under the FMLA for such purposes. Efforts to pass a similar bill in the past were stalled in Congress. However, with the current administration’s support, it is more likely that a paid leave bill will become law.
BLR will continue to track these paid leave efforts and will report on any developments in upcoming issues of this newsletter.