Proposed Federal Laws Would Mandate Paid Sick Leave For Employees with H1N1

Proposed federal laws would require employers to provide paid sick leave to employees infected with flu-like or contagious illnesses, such as the H1N1 virus. Both of the laws, if passed, would take effect 15 days after enactment and would end after two years. There is also pending legislation to require paid vacation.

Senator Christopher Dodd and Representative Rosa DeLauro of Connecticut introduced legislation that would allow employees to earn up to seven paid sick days each year to use for leave due to their own flu-like symptoms, medical diagnosis or preventive care, to care for a sick child, or to care for a child whose school or child care facility has been closed due to the spread of flu. Employers would be allowed to require medical certification from employees requesting this leave.

Representatives George Miller and Lynn Woolsey of California introduced similar legislation, the Emergency Influenza Containment Act (H.R. 3991). That law would require that employees be given up to five paid sick days if they are sent home or directed to stay home by an employer because of a contagious illness, such as H1N1. The law would apply to employers with 15 or more employees, and both full-time and part-time employees would be entitled to leave. Employees who follow their employer’s direction to stay home because of contagious illness could not be discharged, disciplined, or discriminated against based on their absences. Employers who already provide at least five paid sick days to employees would not have to provide additional leave. This bill was referred to the House Committee on Education and Labor on November 3, 2009.

Another proposed federal law would require employers to provide paid vacation to employees. H.R. 2564 was introduced in the House of Representatives by Representative Alan Grayson of Florida on May 21, 2009. This proposed law would amend the Fair Labor Standards Act to require employers with at least 100 employees to provide at least one week of paid vacation each year to each employee. This week of paid vacation would be required in addition to any sick leave or other leave required by law.

Employees would be eligible for paid vacation after they worked for their employer for one year and for at least 1,250 hours during the year. Beginning three years after the new law is enacted, the requirements would expand to cover employers with at least 50 employees and to require companies with 100 or more employees to provide two weeks of paid vacation to each eligible employee. This bill was referred to the House Subcommittee on Workforce Protections on October 22, 2009.

Employers should be diligent in addressing H1N1 issues, should follow guidance available from the Centers for Disease Control website, and should be aware of efforts to require mandatory paid sick or vacation leave. We will keep you updated on the status of proposed legislation mandating paid vacation or sick leave for employees.