Mandating sick leave

If you’re sick, stay home.

That has been the message from the government as it tries to cope with a potential swine flu pandemic.

But for 57 million Americans without paid sick leave, it’s easier said than done. Catching the flu can mean having to choose between showing up for work or forfeiting pay.

So last week Connecticut tried — but failed — to be the first state in the nation to mandate that businesses provide paid sick leave. The bill passed the state’s House of Representatives but came up one vote short in the Senate, even after a three-year-long battle to push it through.

The fight showed how difficult it may be for proponents to pass a similar law on the national level. The Healthy Families Act (HFA), legislation introduced in Congress last month by Sen. Edward M. Kennedy, Massachusetts Democrat; Sen. Christopher J. Dodd, Connecticut Democrat; and Rep. Rosa DeLauro, Connecticut Democrat, will make its subcommittee debut Thursday.

Businesses are scrambling to oppose the federal legislation, saying that mandated sick leave will result in more wage and job cuts in an already turbulent economy.

Lisa Horn, manager of health care at the Society for Human Resource Management, said her organization opposes a “one-size-fits-all” government sick leave mandate because it forces businesses to make budget cuts in other areas.

“Employers are going to have to scale back on benefits that employees value,” she said. “Overall, it limits an employer’s flexibility.”

James Sherk, a labor policy analyst at the Heritage Foundation, agreed.

“It’s going to be a mandatory pay cut for every worker affected by it,” he said.

But supporters say that guaranteeing sick leave will boost productivity because workers will get the rest they need to recover and won’t be spreading illness in the workplace. They say that’s especially important in light of swine flu’s spread.

“The lack of paid sick days is a public health concern. This was brought front and center during the H1N1 outbreak,” said Ms. DeLauro, the House sponsor of HFA.

In addition, the HFA would provide paid leave for workers when they take days off to care for sick children or spouses.

“If Congress passes this bill, millions of workers will no longer have to choose between a paycheck and recovery when they get sick or a family member needs care,” National Partnership for Women & Families President Debra L. Ness said.

A previous version of the HFA stalled in Congress in 2007. The new version would mandate paid sick leave for all workers at businesses with more than 15 employees. Workers would accrue one hour of sick leave for every 30 hours worked, capping at seven days per year. Workers would have to provide documents proving illness if they take a leave longer than three consecutive days.

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