If Congress passes the “Healthy Families Act” (H.R. 2460) introduced by Rep. Rosa DeLauro (D-CT.), virtually all employers will be required to allow employees up to 56 hours of annually paid leave.

If enacted as currently introduced, H.R. 2460 both would significantly expand the number of employers required by federal law to provide sick leave and overlay a mandate to provide paid sick leave in addition to the existing leave mandates currently applicable under the Family and Medical Leave Act to employers of more than 50 employees.

As proposed, H.R. 2460, would require all employers of 15 or more employees:

•    To accrue at least 1 hour of paid sick time (up to a maximum of 56 hours per calendar year) for every 30 hours worked by each employee beginning with the first day of employment of the employee.  Exempt employees generally would be assumed to work 40 hours in each workweek for purposes of calculating accrued sick leave;
•    Guarantee employees the right to begin using accrued paid sick time for one of the purposes qualifying for sick leave under H.R. 2460 beginning with the 60th calendar day following commencement of the employee’s employment and thereafter as he accrues additional paid sick time;
•    To allow employees to carry over earned but unused paid sick time from one calendar year to the next except under certain limited conditions; and
•    To reinstate accrued but unused leave for any employee rehired within 12 months after separating from employment and to continue to recognize additional paid sick time accruals beginning with the recommencement of employment with the employer.

Leave flexibility

H.R. 2460 would also require employers to allow employees currently protected under the medical leave provisions of the FMLA to use sick leave for any of the following absences:

•    An absence resulting from a physical or mental illness, injury, or medical condition of the employee;
•    An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee
•    In absence for the purpose of caring for a child, a parent, a spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship (a “family member”), who has any of the conditions or needs for diagnosis or care of a physical or mental illness, injury, or medical condition or in the case of someone who is not a child, is otherwise in need of care; and
•    An absence resulting from domestic violence, sexual assault, or stalking, if the time is to seek medical attention for the employee or a family member to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking or obtain or assist a family member in obtaining services from a victim services organization, psychological or other counseling; to seek relocation; or to take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking.

Coordinating leave

In addition, the proposed legislation would require covered employers:
•    To notify employees about their sick leave rights as dictated by H.R. 2460; and
•    Not to discharge or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided or for opposing any practice made unlawful by H.R. 2460;
•    Not to use the taking of paid sick time under H.R. 2460 as a negative factor in an employment action, such as hiring, promotion, or a disciplinary action;  
•    Not to count the paid sick time under a no-fault attendance policy or any other absence control policy;
•    Not otherwise to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under H.R. 2460; and
•    Not to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual has filed an action, or has instituted or caused to be instituted any proceeding, under or related to H.R. 2460; has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under H.R. 2460; or has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under H.R. 2460.

Even before the current economic downturn, many employers already viewed the unpaid leave mandates imposed by the FMLA and other laws as burdensome. The added costs and complexities of providing more paid time off under another federally imposed mandate couldn’t come at a worse time for many employers.  

Given that the proposed legislation has 105 co-sponsors, many commentators view the mandates in H.R. 2460 as likely to pass the House unless businesses act quickly to educate members of Congress about their concerns.

Cynthia Marcotte Stamer can be reached at Cstamer@CTTLegal.com

Related coverage:
Firms adjust to FMLA revamp

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