States and Municipalities
San Francisco was the first among U.S. municipalities and states to pass paid sick leave legislation for employees. The City’s Paid Sick Leave Ordinance went into effect on February 5, 2007.
San Francisco started a national paid sick leave movement, but the legislative wheels turn slowly. At this writing, only New Jersey and Washington, DC have followed the City’s lead.
However, several states are now at least considering new paid sick leave laws and some of those are close to passing the related bills.
Healthy Families Act
Congress has yet to pass the bill referred to as the Healthy Families Act, which Senator Kennedy introduced in 2005 and reintroduced in 2007.
If the Healthy Families Act becomes Federal law, it will require employers in all states who employ 15 or more employees to grant minimal paid sick leave to employees, so they may care for themselves or family members.
The Act defines minimal paid sick leave as follows.
- Seven days annually for those who work at least 30 hours per week
- A prorated annual amount for those who work less than 30, but at least 20 hours a week
- A prorated annual amount for those who work less than 1,500, but at least 1,000 hours per year
To urge your state’s Congress members to pass the Federal Healthy Families Act, you may send a message in support of the Act through the National Partnership for Women & Families.
Meanwhile, your work state might might be considering a similar act, as indicated above; for example, at this writing, the Ohio legislature is considering the Ohio Healthy Families Act.
Family and Medical Leave Act
The Federal Family and Medical Leave Act (FMLA) requires employers who employ 50 or more employees, to provide their employees with up to 12 weeks of sick leave annually to care for themselves or family members.
The FMLA does not require employers to provide sick pay to employees while on FMLA leave; however, the Family Leave Insurance Act mentioned below might change that. Meanwhile, the FMLA now provides for unpaid military family leave.
On January 28, 2008, President Bush signed the National Defense Authorization Act (NDAA) into law. Among other things, the NDAA amended the FMLA to grant eligible employees up to:
- 12 weeks of unpaid leave for a qualifying emergency arising from a family member’s active military duty
- 26 weeks of unpaid leave to care for a family member who was seriously injured during active military duty
Family Leave Insurance Act
The House of Representatives is considering the Family Leave Insurance Act of 2008. If the Act becomes federal law, it will require certain employers to provide paid family and medical leave benefits to eligible employees.
Some sources have indicated that it’s a done deal. For more information, see the blog post Family Leave Insurance Act of 2008.
