Agenda Item 1
January 29, 2015
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
vJ\
Robert H. Drummer, Senior Legislative
Attorney~)
SUBJECT:
Public Hearing:
Bill 60-14, Human Rights and Civil Liberties - Earned Sick and
Safe Leave
Bill 60-14, Human Rights and Civil Liberties - Earned Sick and Safe Leave, sponsored by
Council Vice President Leventhal and Councilmembers Navarro, Branson and Eirich, was
introduced on November 25, 2014. A Health and Human Services Committee worksession is
tentatively scheduled for February 12 at 9:30 a.m.
Background
Congress enacted the Family and Medical Leave Act (FMLA) in 1993. The FMLA
requires an employer with 50 or more employees to provide 12 work weeks of unpaid leave in a
12-month rolling period. An employee must have worked at least 1250 hours during the preceding
12-month period to be eligible for unpaid leave under the FMLA. One ofthe reasons an employee
may take unpaid FMLA leave is for the employee's "serious health condition" or to take care of
an immediate family member with a "serious health condition." An employee must be unable to
perfonn anyone of the essential functions ofthe employee's position in order to use FMLA leave
for a serious health condition. The U.S. Department of Labor FMLA Fact Sheet is at ©14-17.
In 2008, Maryland enacted the Flexible Leave Act (MFLA), codified at Labor
&
Employment Art. §3-802. This law requires an employer who has 15 or more employees to pennit
an employee to use paid leave earned by the employee under an employer's paid leave benefit for
the illness of an immediate family member.
Both the FMLA and the MFLA were designed to pennit an employee to miss work due to
the employee's illness or the illness of an immediate family member without risking the loss of
employment. However, both of these laws leave several large holes in employee protection. The
FMLA does not apply to an employer with fewer than 50 employees, does notprotect an employee
who has not worked at least 1250 hours in the preceding 12 months, and requires an employee to
have a "serious health condition." The FMLA does not require the employer to pay the employee
for time missed under the FMLA. The MFLA does not mandate any leave. It requires an employer
to pennit an employee to use paid leave already provided by the employer for the illness of an
immediate family member.
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Local Paid Sick Leave laws
The District of Columbia enacted the Accrued Sick and Safe Leave Act of 2008; amended
by the Earned Sick and Safe Leave Amendment Act of20 13. The mandatory employer poster for
this law is at ©18. Under the DC law:
(l)
an employer with 100 or more employees must provide 1 hour ofleave per 37 hours
worked;
(2) an employer with 25-99 employees must provide 1 hour of leave per 43 hours
worked; and
(3)
an employer with less than 25 employees must provide 1 hour per 87 hours worked.
The DC law is enforced by the District of Columbia Department of Employment Services; Office
of Wage and Hour.
In 2006, San Francisco enacted a Paid Sick Leave Ordinance (PSLO) pursuant to a voter
referendum. The PSLO requires an employer with fewer
than
10 employees to provide 5 days or
40 hours of paid sick leave. An employer with 10 or more employees must provide 9 days or 72
hours of paid sick leave. Leave must be earned at the rate of 1 hour for every 30 hours worked
after an initial probation period of 90 days. The PSLO covers full-time, part-time, and temporary
workers.
In
2009; the Urban Institute published a study reviewing the effect of the PSLO on
employers in San Francisco,
Employers' Perspectives on San Francisco's Paid Sick Leave Policy,
Boots; Martinson; and Danziger. See ©19-37.
Legislation to mandate earned sick leave was introduced in the Maryland General
Assembly in 2014, but was not enacted. See HB 968 at ©38-56.
Bill 60-14
Bill 60-14 would require an employer operating and doing business in the County to
provide earned sick and safe leave to each employee for work performed in the County. Earned
sick and safe leave is paid leave away from work that can be used for the injury or illness of the
employee or the employee's immediate family or due to domestic violence suffered by the
employee or the employee's immediate family. An employer could provide paid time off that can
be used by the employee for any purpose to satisfy the earned sick and safe leave requirement of
the Bill.
Bill 60-14 would require an employer to provide earned sick and safe leave at a rate of at
least 1 hour for every 30 hours an employee works in the County up to 56 hours in a calendar year.
An employee would have to be paid for earned sick and safe leave at the same rate and with the
same benefits as the employee normally earns. A tipped employee would have to
be
paid at least
the County minimum wage for each hour the employee uses earned sick and safe leave.
This packet contains:
Circle
#
1
Bill
60-14
Legislative Request Report
DOL FMLA Fact Sheet
DC Accrued Sick and Safe Leave Poster
13
14
18
19
38
Employers' Perspectives on San Francisco's Paid Sick Leave Policy
HB968
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Bill No.
60-14
Concerning: Human Rights and Civil
Liberties - Earned Sick and Safe
Leave
Revised: November 17,2014 Draft No.
~
Introduced:
November 25, 2014
Expires:
Mav 25, 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'N:...:.;o=n=e_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal and Councilmembers Navarro, Branson, and EIrich
AN
ACT to:
(1)
(2)
(3)
(4)
require certain employers in the County to provide earned sick and safe leave to
certain employees working in the County;
provide enforcement by the Office of Human Rights and the Human Rights
Commission or the appropriate State agency;
authorize the Human Rights Commission to award certain relief; and
generally regulate the sick and safe leave benefits provided to an employee working
in the County for
certain
employers.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Sections 27-7 and 27-8
By adding
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article
XIII,
Earned Sick and Safe leave
Boldface
Underlining
[Single boldface brackets]
Double underlinina
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill,
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law wuiffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
60-14
1
Sec.
1.
Sections 27-7 and 27-8 are amended and Chapter 27, Article
2
3
4
XIII is added as follows:
27-7. Administration and enforcement.
(a)
Filing complaints.
Any person subjected to a discriminatory act or
5
6
7
8
practice in violation of this Article,1 or any group or person seeking to
enforce this Article or Articles X, XI,
[Qr]
XII, or XIII may file with the
Director a written complaint, sworn to or affirmed under the penalties of
perjury, that must state:
(1)
(2)
the particulars of the alleged violation;
the name and address of the person alleged to have committed the
violation; and
(3)
any other information required by law or regulation.
9
lO
11
12
13
14
*
(f)
(1)
*
*
Initial determination, dismissal before hearing.
15
16
17
18
The Director must determine, based on the investigation, whether
reasonable grounds exist to believe that a violation of this Article
or Articles X, XI,
[Qr]
XII, or XIII occurred and promptly send
the determination to the complainant and the respondent.
19
(2)
If the Director determines that there are no reasonable grounds to
believe a violation occurred, and the complainant appeals the
determination to the Commission within 30· days after the
Director sends the determination to the complainant, the Director
promptly must certify the complaint to the Commission. The
Commission must appoint a case review board to consider the
appeaL The board may hear oral argument and must:
(A)
(B)
20
21
22
23
24
25
26
27
dismiss the complaint without a hearing;
order the Director to investigate further; or
®
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BILL
No. 60-14
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29
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34
(C)
set the matter for a hearing by a hearing examiner or the
board itself, and consider and decide the complaint in the
same manner as if the Director had found reasonable
grounds to believe that a violation of this Article or
Articles X, XI,
[Qr]
XII, or XIII occurred.
(3)
If the Director determines that there are reasonable grounds to
believe a violation occurred, the Director must attempt to
conciliate the matter under subsection (g).
35
36
37
*
27-8. Penalties and relief.
(a)
*
*
38
39
40
Damages and other relieffor complainant.
After finding a violation
of this Article or Articles X.,.
[or]
XI.,. or XIII, the case review board
may order the payment of damages (other than punitive damages) and
any other relief that the law and the facts warrant, such as:
41
42
43
44
*
(2)
*
*
equitable relief to prevent the discrimination or the violation of
Articles Xl.
[or]
XI.,. or XIII and otherwise effectuate the purposes
ofthis Chapter;
45
46
*
(4)
*
*
47
48
49
50
51
52
53
any other relief that furthers the purposes of this Article or
Articles Xl.
[or]
XIl. or XIII or is necessary to eliminate the effects
of any discrimination prohibited under this Article.
*
27-76.
Findine;s and Definitions.
*
*
ARTICLE XIll. Earned Sick and Safe leave.
(ill
Findings.
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BILL
No.
60-14
54
55
ill
Many persons employed in the County do not receive earned sick .
and safe leave.
56
57
ru
The absence of earned sick and safe leave often results in the
unnecessary spread of disease in the County when:
(A)
an employee without earned sick and safe leave is forced
to work while
ill;.
or
ill)
f!
parent without earned sick and safe leave is forced to
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59
60
61
send
f!
sick child to day care or school.
62
63
ill
Minimum standards for earned sick and safe leave in the County
are necessary to:
(A)
ill)
64
promote the health and welfare of County residents;
safeguard employers and employees against unfair
competition;
65
66
67
68
.e.g
(D)
increase the stability of industry in the County; and
decrease the need for the County to spend public money
for the relief of employees who also live in the County.
69
70
®
Definitions.
As used in this Article:
Abuse
has the meaning defmed in Section 4-501 of the Family Law
71
72
73
Article ofthe Maryland Code, as amended.
Director
means the Executive Director of the Office of Human Rights
74
75
and includes the Executive Director's designee.
Domestic violence
means abuse against
f!
person eligible for relief
Earned sick and sate leave
means paid leave away from work that is
76
77
provided.l2y an employer under §27-77 and can be used for the purposes
described in §27-79. Earned sick and safe leave includes paid time off
that can be used .l2y the employee for any purpose.
Employ
means to engage
f!
person to work for compensation.
78
79
80
0>
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No. 60-14
81
Employee
means any person pennitted or instructed to work or be
82
83
present
Qy
an employer in the County, including
~
domestic worker as
defined in Section 11-4B(b). Employee does not include an individual
who:
84
85
86
87
88
ill
ill
does not have
~
regular work schedule with the employer;
contacts the employer for work assignments and is scheduled to
work the assignments within 48 hours after contacting the
employer;
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90
91
92
93
94
ill
ill
has no obligation to work for the employer if the individual does
not contact the employer for work assignments; and
is not employed
Qy
~
temporary placement agency_
Employer
means any person, individual, proprietorship, partnership,
joint venture, corporation, limited liability company, trust, association,
or other entity operating and doing business in the County that employs
95
96
97
1
or more persons in the County in addition to the owners.
any State, or any other local government.
Family member
means:
Employer
includes the County government, but does not include the United States,
98
99
100
101
102
103
104
ill
ill
~
biological child, adopted child, foster child, or stepchild of the
employee;
~
child for whom the employee has legal or physical custody or
guardianship;
ill
ill
ill
~
~
child for whom the employee is the primary caregiver;
biological parent, adoptive parent, foster parent, or stepparent of
105
106
the employee or the employee's spouse;
the legal guardian ofthe employee;
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BILL
No.
60-14
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@
an individual who served as the pnmary caregiver of the
employee when the employee was
~
minor;
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112
113
114
115
116
117
ill
ill
(2)
the spouse of the employee;
~
grandparent ofthe employee;
the spouse of
~
grandparent of the employee;
~
~
UID
grandchild ofthe employee;
biological, adopted, or foster sibling ofthe employee; or
~
.c.w
.c.ru
the spouse of
employee.
biological, adopted, or foster sibling of the
Health care provider
means an individual licensed under State law to
provide medical services.
Person eligible for reliefhas
the meaning stated in Section 4-501 of the
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119
120
121
122
123
124
125
126
127
128
129
130
Family Law Article ofthe Maryland Code, as amended.
Sexual assault
means:
ill
rape, sexual offense, or any other act that is
~
sexual crime under
Title
~
Subtitle
J
of the Criminal Law Article
of the Maryland
Code, as amended;
ill
ill
child sexual abuse under Section 3-602 of the Criminal Law
Article ofthe Maryland Code, as amended; or
sexual abuse of
~
vulnerable adult under Section 3-604 of the
Criminal Law Article of the Maryland Code, as amended.
Stalking
has the meaning stated in Section 3-802 of the Criminal Law
Article ofthe Maryland Code, as amended.
Tipped employee
means an employee who:
131
132
ill
is engaged in an occupation in which the employee customarily
and regularly receives more than $30 each month in tips;
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No.
60-14
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136
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138
139
140
141
142
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144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
ill
ill
27-77.
~
has been infOlmed
Qy
the employer about the provisions of this
Section; and
has kept all ofthe tips that the employee received.
Earned Sick and Safe Leave Required.
Earned sick and sate leave.
An
employer must provide each employee
earned sick and safe leave for work performed in the County paid at the
same rate and with the same benefits as the employee normally earns.
A tipped employee must be paid at least the County minimum wage
required under Section 27-68 for each hour the employee uses earned
sick and safe leave.
[Q)
Rate
gf
Accrual.
The earned sick and safe leave provided under
subsection
~
must accrue at
!!
rate of at least
1
hour for every 30 hours
an employee works in the County, except an employer must not be
required to allow an employee to:
ill
earn more than 56 hours of earned sick and safe leave in
!!
calendar year; or
ill
(£)
use more than 80 hours of earned sick and safe leave in
!!
calendar year.
Retaliation12.rohibited.
A person must not:
ill
retaliate against any person for:
(A) lawfully opposing any violation ofthis Article; or
ill)
filing
!!
complaint, testifying, assisting, or participating in
any manner in an investigation, proceeding, or hearing
under this Article; or
ill
27-78.
obstruct or prevent enforcement or compliance with this Article.
Minimum Earned Sick and Safe Leave Standards.
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No. 60-14
159
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161
.ill)
An
employer may award earned sick and safe leave as the leave accrues
during the calendar year or may award the full amount that an employee
would earn over the entire calendar year at the beginning of
!!
calendar
year.
162
163
@
To calculate the rate of accrual of earned sick and safe leave for an
employee who is exempt from the overtime provisions of the Federal
F air Labor Standards Act, the employer must assume the employee
worked the number of hours worked in
!!
normal workweek
yp
to 40
hours each workweek.
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165
166
167
168
(£)
An
employer must permit an employee to
£§!!Y
the balance of any
169
170
171
172
173
unused earned sick and safe leave over to the next calendar year, but an
employer must not
be.
required to permit an employee to
£§!!Y
over
more than 56 hours of unused earned sick and safe leave.
@
If an employee begins working outside the County for the same
employer, the employer must permit the employee to use the earned
sick and safe leave that accrued while working for the employer
in
the
County.
174
175
176
177
178
W
If an employee is rehired
1?y
an employer to work in the County within
12 months after leaving the employment, the employer must reinstate
any unused earned sick and safe leave that the employee had when the
employee left the employment.
179
180
181
ill
27-79.
An
employer may permit an employee to use earned sick and safe leave
before the amount needed
1?y
the employee accrues.
182
183
Use of Earned Sick and Safe Leave.
W
An
employee may use earned sick and safe leave:
184
185
ill
to
~
for or treat the employee's mental or physical illness,
injury, or condition;
@
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No. 60-14
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200
ill
ill
ill
ill
to obtain preventive medical care for the employee or the
employee's family member;
to care for
f!
family member with
f!
mental or physical illness,
injury, or condition;
if the employer's place of business has closed
Qy
order of
f!
public official due to
f!
public health emergency;
if the school or child care center for the employee's family
member is closed
Qy
order of
f!
public official due to
f!
public
health emergency;
®
to care for
f!
family member if
f!
health official or health care
provider has determined that the family member's presence in the
community would jeopardize the health of others because of the
family member's exposure to
f!
communicable disease; or
ill
if the absence from work is due to domestic violence, sexual
assault, or stalking committed against the employee or the
employee's family member and the leave is used:
201
202
203
®
Qy
the employee to obtain for the employee or the
employee's family;
204
205
ill
medical attention needed to recover from
~
physical
or psychological injury due to domestic violence,
sexual assault, or stalking;
206
207
eii)
services from
f!
victim services organization related
to the domestic violence, sexual assault, or stalking;
or
208
209
210
211
(iii)
legal
servIces,
including
preparing
for
or
participating in
f!
civil or criminal proceeding related
o
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BILL
No. 60-14
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213
to the domestic violence, sexual assault, or stalking;
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lID
during the time that the employee has temporarily
relocated due to the domestic violence, sexual assault, or
stalking.
(hl
To use earned sick and safe leave, an employee must:
ill
ill
ill
request leave from the employer as soon as practicable after the
employee determines that the employee needs to take leave;
notify the employer of the anticipated duration of the leave; and
comply with any reasonable procedures established
!2y
the
employer when requesting and taking leave.
ill
An
employer must not require an employee who requests earned sick
and safe leave to search for or find an individual to take the employee's
place while the employee takes leave.
@
An
employer must not require an employee to:
ill
ill
disclose details of the mental or physical illness, injury, or
condition of the employee or the employee's family member; or
provide as certification any information that would violate the
Federal Social Security Act or the Federal Health Insurance
Portability and Accountability Act.
ill
By mutual consent of the employee and the employer, the employee
may work additional hours or trade shifts with another employee during
~ ~
period to make
.lli2
the amount of work hours that the employee
missed for which the employee could have used earned sick and safe
leave.
ill
An
employee may take earned sick and safe leave
in
the smallest
increment that the employer's payroll system uses to account for
@
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No. 60-14
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absences or work time, except that an employee must not be required to
take earned sick and safe leave in an increment of more than
1
hour.
(g)
An
employer must provide an employee with
~
written statement of
available earned sick and safe leave each time the employer
~
wages
to the employee.
.au
27-80.
An
employer may require an employee who uses more than
d
consecutive days of earned sick and safe leave to provide reasonable
documentation
to
verify that the leave was used appropriately.
Notice.
ill
(Q)
An
employer must notify the employees that they are entitled to earned
sick and safe leave under this Article.
The notice must include:
ill
~
statement of how earned sick and safe leave is accrued;
m
ill
ill
(£)
the pennitted uses of earned sick and safe leave;
~
statement that the employer must not retaliate against an
employee for exercising the rights granted
Qy
this Article; and
infonnation about the employee's right to file
~
complaint with
the Director for
~
violation ofany rights granted
Qy
this Article.
The Director must create and publish
~
model notice in English,
Spanish, and any other language that the Director finds is necessary that
may be used
Qy
an employer to comply with subsection
(Q1
@
An
employer may provide notice by:
ill
displaying the model notice or another notice containing the same
infonnation in
~
conspicuous and accessible area at each of the
employer's work locations in the County;
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BILL No. 60-14
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ill
including the model notice or another notice containing the same
information in an employee handbook or other written guidance
distributed to all employees;
ill
27-81.
distributing the model notice or another notice containing the
same information to each employee when the employee is hired.
Records.
W
An
employer must keep, for at least
1
years,
~
record of:
ill
ill
earned sick and safe leave accrued
Qy
each employee; and
earned sick and safe leave used
Qy
each employee.
®
After giving the employer notice and determining
~
mutually agreeable
time for the inspection, the Director may inspect
subsection
~
record kept under
W
for the purposes of determining whether the employer is
complying with this Article.
27-82.
Enforcement.
W
A covered employee who was who did not receive earned sick and safe
leave in violation of this Article may file
under Section 27-7.
~
complaint with the Director
®
The County Executive may delegate the authority to enforce this Article
to
~
State agency that is legally authorized to enforce the County earned
sick and safe leave requirements.
Sec. 2.
Transition.
Notwithstanding Section 27-77, as added in Section 1, earned sick and
safe leave must begin to accrue for all work performed in the County on or after
October 1,2015.
An
employer must not be required to permit an employee to accrue
earned sick and safe leave for hours worked before October 1, 2015.
Sec. 3.
Effective Date.
This Act takes effect on October 1, 2015.
@
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LEGISLATIVE REQUEST REPORT
Bill 60-14
Human Rights and Civil Liberties
-
Earned Sick and Safe Leave
DESCRIPTION:
Bill 60-14 would require an employer operating and doing business
in the County to provide earned sick and safe leave to each employee
for work performed in the County. Earned sick and safe leave is paid
leave away from work that can be used for the injury or illness of the
employee or the employee's immediate family or due to domestic
violence suffered by the employee or the employee's immediate
family. Earned sick and safe leave would also include paid time off
that can be used by the employee for any purpose.
Many employees in the County are forced to come to work when
they are
ill
because they do not have paid sick leave.
The goal is to reduce the number of employee who are forced to
come to work when
ill
or send sick children to school or day care
because they have no paid sick leave.
Office of Human Rights
To be requested.
To be requested.
To be requested.
Local paid sick leave laws have been enacted in several jurisdictions,
including the District of Columbia and San Francisco.
Robert H. Drummer, Senior Legislative Attorney
To be researched.
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
Compensatory damages and equitable relief.
f:\Iaw\bills\1460 earned sick and safe leave\lrr.doc
@
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U.S. Department of Labor
Wage and Hour Division
(Revised 2012)
Fact Sheet #28: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take
unpaid,
job~protected
leave for specified family and medical reasons. This fact sheet provides general
information about which employers are covered by the FMLA, when employees are eligible and entitled
to take FMLA leave, and what rules apply when employees take FMLA leave.
COVERED EMPLOYERS
The FMLA only applies to employers that meet certain criteria. A covered employer is a:
Private~sector
employer, with 50 or more employees in 20 or more workweeks in the current or
preceding calendar year, including a joint employer or successor in interest
to
a covered
employer;
Public agency, including a local, state, or Federal government agency, regardless of the number
of employees it employs; or
Public or private elementary or secondary school, regardless of the number of employees it
employs.
ELIGmLE EMPLOYEES
Only eligible employees are entitled
to
take FMLA leave.
An
eligible employee is one who:
Works for a
covered employer;
Has worked for the employer for at least
12
months;
Has at least
1,250 hours
of service for the employer during the 12 month period immediately
preceding the leave*; and
Works at a location where the employer has at least
50 employees within
75
miles.
*
Special hours of service eligibility requirements apply to airline flight crew employees.
See
Fact Sheet
28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act.
The 12 months of employment do not have to be consecutive. That means any time previously worked
for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month
requirement. If the employee has a break in service that lasted seven years or more, the time worked
prior to the break will not count
unless
the break is due to service covered by the Uniformed Services
Employment and Reemployment Rights Act (USERRA), or there is a written agreement, including a
collective bargaining agreement, outlining the employer's intention to rehire the employee after the
break in service.
See
"FMLA Special Rules for Returning Reservists".
LEAVE ENTITLEMENT
Eligible employees may take up to 12 workweeks ofleave in a 12-month period for one or more of the
following reasons:
FS28
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The birth of a son or daughter or placement of a son or daughter with the employee for adoption
or foster care;
To care for a spouse, son, daughter, or parent who has a serious health condition;
For a serious health condition that makes the employee unable to perform the essential functions
of his or her job; or
For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a
military member on covered active duty or call to covered active duty status.
An
eligible employee may also take up to
26 workweeks
of leave during a "single 12-month period" to
care for a covered servicemember with a serious injury or illness, when the employee is the spouse, son,
daughter, parent, or next of
kin
of the servicemember. The "single 12-month period" for military
caregiver leave is different from the 12-month period used for other FMLA leave reasons.
See
Fact
Sheets 28F: Qualifying Reasons under the FMLA and 28M: The Military Family Leave Provisions
under the FMLA.
Under some circumstances, employees may take FMLA leave on an intermittent or reduced schedule
basis. That means an employee may take leave in separate blocks of time or by reducing the time he or
she works each day or week for a single qualifying reason. When leave is needed for planned medical
treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt
the employer's operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of
intermittent or reduced schedule leave requires the employer's approval.
Under certain conditions, employees may choose, or employers may require employees, to "substitute"
(run concurrently) accrued paid leave, such as sick or vacation leave, to cover some or all of the FMLA
leave period. An employee's ability to substitute accrued paid leave is determined by the terms and
conditions of the employer's normal leave policy.
NOTICE
Employees must comply with their employer's usual and customary requirements for requesting leave
and provide enough information for their employer to reasonably determine whether the FMLA may
apply to the leave request. Employees generally must request leave 30 days in advance when the need
for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is
unforeseeable, employees must provide notice as soon as possible and practicable under the
circumstances.
When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee need not
expressly assert FMLA rights or even mention the FMLA. If an employee later requests additional leave
for the same qualifying condition, the employee must specifically reference either the qualifying reason
for leave or the need for FMLA leave.
See
Fact Sheet 28E: Employee Notice Requirements under the
FMLA.
Covered employers must:
(1)
Post a notice explaining rights and responsibilities under the FMLA (and may be subject to a
civil money penalty of up to $110 for willful failure to post);
Include information about the FMLA in their employee handbooks or provide information to
new employees upon hire;
2
(2)
IS
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(3)
When an employee requests FMLA leave or the employer acquires knowledge that leave may be
for a FMLA-qualifying reason, provide the employee with notice concerning his or her eligibility
for FMLA leave and his or her rights and responsibilities under the FMLA; and
Notify employees whether leave is designated as FMLA leave and the amount of leave that will
be deducted from the employee's FMLA entitlement.
(4)
See
Fact Sheet 28D: Employer Notice Requirements under the FMLA.
CERTIFICATION
When an employee requests FMLA leave due to his or her own serious health condition or a covered
family member's serious health condition, the employer may require certification in support of the leave
from a health care provider. An employer may also require second or third medical opinions (at the
employer's expense) and periodic recertification of a serious health condition.
See
Fact Sheet 28G:
Certification of a Serious Health Condition under the FMLA. For infonnation on certification
requirements for military family leave,
See
Fact Sheet 28M(c): Qualifying Exigency Leave under the
FMLA; Fact Sheet 28M(a): Military Caregiver Leave for a Current Servicemember under the FMLA;
and Fact Sheet 28M(b): Military Caregiver Leave for a Veteran under the FMLA.
JOB RESTORATION AND HEALTH BENEFITS
Upon return from FMLA leave, an employee must be restored to his or her original job or to an
equivalent job with equivalent pay, benefits, and other tenns and conditions of employment.
An
employee's use ofFMLA leave cannot be counted against the employee under a "no-fault" attendance
policy. Employers are also required to continue group health insurance coverage for an employee on
FMLA leave under the same tenns and conditions as if the employee had not taken leave.
See
Fact Sheet
28A: Employee Protections under the Family and Medical Leave Act.
OTHER PROVISIONS
Special rules apply to employees of local education agencies. Generally, these rules apply to
intennittent or reduced schedule FMLA leave or the taking ofFMLA leave near the end of a school
tenn.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair
Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under the FLSA
regulations, 29 CFR Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA leave.
This special exception to the "salary basis" requirements for FLSA's exemption extends only to an
eligible employee's use ofFMLA leave.
ENFORCEMENT
It
is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to
exercise any right provided by the FMLA.
It
is also unlawful for an employer to discharge or
discriminate against any individual for opposing any practice, or because of involvement in any
3
/b
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proceeding, related to the FMLA.
See
Fact Sheet 77B: Protections for Individuals under the FMLA. The
Wage and Hour Division is responsible for administering and enforcing the FMLA for most employees.
Most federal and certain congressional employees are also covered by the law but are subject to the
jurisdiction of the U.S. Office of Personnel Management or Congress.
If
you believe that your rights
under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file
a private lawsuit against your employer in court.
For additional information, visit our Wage and Hour Division Website:
http://www.wagehour.dol.govand/orcallourtoll-freeinformationandhelpline.available8a.m.to
5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official
statements of position contained in the regulations.
u.S.
Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
1-866-4-USWAGE
TTY: 1-866-487-9243
Contact Us
4
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OFFICIAL NOTICE
(Post Where Employees Can
Easily
Read)
AVISO OFICIAIJ
(Publicar en un Ingar en que pueda ser leido racilmente por los empleados)
Accrued Sick and Safe Leave Act of 2008
(ntis
poster
tncludet:
pro~lslons
or
the
Earntd
SIck and Safe
Lean
AfJmldment Act
or1Q13~
df(!(:tiw:
f'aebnltQ' 22.1014)
Ley
de Licencia por
l~nfermedad
y
Seguridad Generada (ASSLA) de 2008
tJ!:ste
ofichc ,nduye di"'pOliicitlnf'$ dt
to
lAy J\-t(trdUicQti\'A d.. l...irencl.
por
I::nfnnttdad y Stgurid.-d f'en.tnda
elf!
•1g.1lI. d .......112 de
r.....
ro
.1014)
'znu.
REQUIRES
EMPLOYJ.~RS
IN THE DISTRICT OF COLUMBIA TO PROVIDE PAID LEAVE
TO
EMPLO\'l<cES FOR THEIR OWN OR FAMILY MEMBERS' ILLNESS&'<; OR MEIJICAL
APPOINTMENTS AND FOR ABSENCES ASSOCIATED WITU DOMESTIC VIOLENCE OR
SEXUAL ABUSE.
EMPLOYERS REQUIRED TO COMPLY WITH THE ACT
Punuant to the Accrued Sick and Safe Leave Act of 2008, all employers in the District of Columbia must
provide paid leave to eacb employee. induding employee•• of res!atllB!lt, and
baI1l and
tempomry and part­
time employees.
ACCRUAL START DATE
Paid leave accrue.
I1l;
the beginning of employment, provided that the accrual
need
not commeru:e prior to
November 13. 200S and provided that
an
employer need
not
allow accrual of paid leave for tipped restaurant
or
bar
employees prior
10
February
22, 2014.
Paid leave accrues on an employer's established psy period.
o
OIlUGA A LOS EMPLEAl)ORES DEL OISTRITO 1>1<; COLUMBIA A OTORGAR L1CENCIA
PAGA A LOS EMPLEADOS EN CASO DE ENFERltlEDAD
0
CONSULTAS Mll:DlCAS PROPIAS
DE SUS FAMILIARES Y DE AUSENCIAS RELACIONADAS CON VlOLENCIA DOMEsTlCA
0
ABUSO SEXUAL.
U)s
EMPLfuWORES QUE DEBF:N CUMPLIR CON
LA
LEY
De
conformidad con la Ley de Licencia por Enfermedad y
S~guridad
Generada de
2008
(Accrued Sick and
Safe Leave Act of 2008). todos los cntpleadores del Distrito de Columbia debeo olorgar liccncia paga a tndo.
O\lS
eml'lcados, incluyendo
a
los empleados de restaurante. y
ba.re.
Y
a los empleados temporari08
y
de tiempo
pardl11.
FECHA
DE INICIO DE LA GEl'iERACION
La
lie.neia psga comienza
a
generars. a1 inieio del empleo, siempre
que
no debs comcnz.ar • gCllCfllr.le ante.
del
13
de noviombre de
2008
y siempre que el empleador no deba permitir
1&
generadon de liceru:ia pug. psm
empleado,. de ..estamanle
0
bar con propin. anle. del
22
de febrero de
2014.
La
liceneia paga
sc
acumul. en el perfodo de pago estableeido por
Un
empleador.
FECHA DE INICIO DE I.A UCENCIA ACUMULADA
Debet'ii permiti .... utilizar la Iicencia paga
.1
empleado
a
mAs
tardar
a
los
90
dlas de au se"'icio
con
el
emple.dor.
lln
empleado podr. utiliur la lieellcia con lin .viso con poea anticipaci6n .i el motivo de I.
lieenei. es imprevi.iblc.
ACCESSL'IG PAID LEAVE
An employee must be allowed to use psid len.ve no laler thall after 90 days of .ervice with the employer.
Au
employee may
UlIe
leave on short notice if the rellSon for leave i. unforeoeeable.
NUMBER OF HOURS ACCRUED
Acenlal of paid leave is determined by the type of busin..s. the number of
employees
an employer
has.
and
the number of hours
an
employee works. For lipped employee. of restaurants or
han.
regardless of the
n"mber of employeen the employer ha••
each
tipped employee must accrue atle..t one
(I)
hour per
43
hours
worked, up to five (5) day. per calendar year.
For
all other employers. use the following chart:
If
an .mployer has
...
.
100 or more employees
25 to 99 employees
I.e•• than 2.5 employees
.:mpl"yees ac<ru. at I.a.t
I hour per 37 hours worked
I hour per 43 hours worked
I hour
per
87 hours worked
Not to Exceed
7 days per calendar year
5 days per calendar year
3 days per calendar ye ...
NtiMERo
DE HORAS ACUMULADAS
La
acumulaci6n de la liceneia pag••e detemlina de acueroo al tipo de ne.,<>cio. el nllmefo de empleados con
que
enema el emplendor y el ndmero de hofUll trabajnd.. por el emplendo. Pw·. empleado. de reataunmtes y
bares con propina, independientemente del
numero
de empleados
.'On
que cuente
01
ompleador,
cada
empleado con propina debern acumular al menos una
(1)
hurd eada 43 hora. trdbajad•• , con hasla cinco (5)
di.. por ano calendario. Para el resto de
10.
empleadores.
se
debera
mili7.at 10
siguiente tabl.:
81 un empleador euenta con
Lo. emploadoo .cumulan al m.no.... Sin exced...
7 df..
pur
afto cilcndario
I hora
pur
cada 37 hor.. trabajadns
1 hon por cada 43 horn. tmbajad..
__ I hom
pur
cada 87 hora. u·abajada.
5 dfas por ano calendario
:; dillS por ailo calctldario
100
0
nut.
emple.dOll
25 a 99 empleados
Mcnos de 25 cmplcado. _
UNUSED LEAVE
Under this Act. an employee'. accrued paid sick leave carrie. over from year to
year.
Employers do not have
LO
pay employees for unused paid sick lea ve upon termination or resignl1l;ion of employment.
EMPLOYEE PROTECTION
Under the Act, employ".. who _ssen their rights to receive psid sick leave or pmvide infomtarion or
....i.tanee to help enforce the Act are
proleCted
from retaliation.
ENFORCEMENT
The DC llepartment of Bmployment Services, Oflico of Wage and Hour cso investigate poRSible violation ••
acee•• employer record•• enforce the paid sick leave requirements. order reinstatement of employee. who are
temLinated. as a result of asserting rights 10 paid .iek leave. order payment of paid sicll leave Unlawfully
withheld. and impose penalties.
An employer who willfully violates the requirements of the Act
.hall
be
lIlIsessed
a civil pen.ally in the amount
of one thousllI1d dollars ($1,000) for the rtrSt offense. fifteen hundred dollllr8
($1.500)
for the second offeuse.
and two thousand dollars ($2.000) for the third and any subsequent offense•.
LICENCIA NO UTILlZADA
De
Bcueroo a esta Ley, la Iicencia con !lOCe de pago devengndll por un emplendo se translien: de un
aiio
al
siguiente. Los empleadores no debernn pagar a los entplead05 por las licencias por enfemtedad no utiliwas al
momenio de 1. temlinadon del empleo
0
renuncia al mismo.
PROTECCION DEL EMPLEADO
De
""ueroo a I. Ley. los e.mpleadl" que bagan valer
SU&
derocho' a redbir Ikencl. por enfermedad pag"
0
proporcionell informJICi6n
0
.,isteneia para ayudar a bacer cumplir I. Ley estatt protegidos contra repressli...
CUMPLlMIENTO DE mCHA LEY
ill
Oepanamelllo de Servici.,. de Empleo del Distrito de Columbia. Oficina de Solarios y Hor•• (DC
DepOltnIeut of Employment Services. Office of Wage and Hom) puede inves.tigar posibles violaciOlles,
acceder a 1011 regi.tros de
108
empleadores, hacer cumplir I.. obligacione. de Hcenei.
pur
cnfermedad psga.
ordenar
eI
reintegro de enlpiendos que hoyan .•ido de,.pedidos como resultado de la afirmaci(\n de lOll derochos
de licencia
pur
enfennedad paga. ordenar el psgo de liceneia. por enfemtedad
psg.
negad.. ilegalmente e
inrponer sancione&.
Un empleador que intenciona1mcnte viole 10. requi.ito. de la Ley sera objeto de una mulla civil
pur
"I importe
de mil d6lare. ($1.000) por I. primern i:nfruc<:i6n. mil qulnienros dolare. ($1,500) por 111 segundo inCraceion. y
dos mil d,lla.res ($2.000) par. la tercera infraceiou
y
subsiguie.Ilte8.
TO t'ILE A COMPLAINT OR FOR ADI)ITIONAL lNl>·OR;.\lATION
To request full text
of
the Act. to obtain a copy of the nile. Wlsociated
with
this Act. to rec"eive the Act
uanslated into other languages. or to file a complaint, visit
.~.l'!:ll!.&i~,-,9.!d[9..~.
call the Offiee of Wage and
Hour at (2(l2) 671·1880, or vi,it at 4058 Minnesota Avenue. N.E .• Suite 4300. Washington. D.C. 20019.
Complaint. shull be filed within three (3) year. after the event on wbicb the complaint is bao;ed unle.. the
employ« has failed
\0
post notice of tlte Act.
PARA PRESENTAR
UNA
RECLAMAC16N
0
POR
lN~'ORMACION
ADlCIONAL
Para wlicitar el lexto <'Ompleto de I. Ley, pam obLener una copia de I•• reghunentaciones asocindas ..
""Ill
Ley.
para recibir
Ia
Ley traducida a otros idiomas.
0
para presentar Una rec1amaci6n. vbite www.does.de.goy •
lIame a la Ofieina de Sa.larios y Hora. (Office of Wage and Hour) al (202) 671-1880.
0
eoncurtli
personalmente a 4058 MinneliOta Avenue, NE. Suite 4300. WaShington. DC 20019.
La.
reclamacionc.
deberiln ser pre.eutndas dentro de los
Ires
(3) ano. despues. del evento en el que se
baas.
18
=Iamacioo a
menO. que el elllpleador haya omitido publicar
eI
aviso de I. Le.y.
I:Icl.
........
i
REVISED February 22,2014
REVlSAOO fehrero 22, 2014
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mployers'
Perspectives on
San
Francisco's
Paid Sick
Leave Policy
Shelley Wtlters Boots:t Karin lvlartinson,
and..4nna Danziger
Low-Inconle
Working
Families
Paper 12
March 2009
The Urban Institute
2100 M Street, NW
Washington, DC 20037
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Copyright
©
March 2009. The Urban Institute. All righI'S rC5erved. Except fut short quotes. no parr ofthis paper may he repro­
duced in any form or
used
in
any
form
by
any means.
electronic or mechanical. including photocopying, recording, or by infor­
mation storage or retrieval system, without written permission from the Urban rnstirute.
This report
is
part of the Urban Institute's Low-Income Working Families project, a multiyear
effOrt
that focuses on the private­
and public-sector comcxrs for families' success or failure. Both contexts offer opportunities for better helping f..I1l1i1ies meet their
need'i.
The Low-Income Working Families project is currently supported by The Annie E. Casey Foundation and The John D. and
Catherine T. MacArthur Foundation.
The authors wish to thank the employers who took valuable time to participate in this study. In addition, numerous business asso­
ciation leaders, city officials and labor advocates spent time providing their perspectives and helping jdentify respondents for this
study. In particular, the authors thank Jim Wunderman ofthe Bay Area Council and Netsy Firesrein ofrhe Labor Project fur Work·
ing Families for reviewing a dr.lft of the report. Pam Loptest and Margaret Simms also provided helpful suggestions to earlier
drafts. The authors are also gr-.lteful to Heidi Johnson fur her excellent assistance on the site visit.
The nonpartisan Urban lnstitute publishes studies, reports, and books on timely topics worthy of public consideration. The
views expressed arc those of the authors and should not be attributed to the Urban Institute, its rrusr.ees, or its funders.
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CONTENTS
San Francisco Ordinance and Context
About This Study
3
4
Employer Strategies for Implementing Paid Sick Leave
Expanding Leave for
All
or Some Employees
Establishing a Paid Time Off Policy
5
5
6
6
Replacing Other Benefits and/or Compensation with Sick Leave
Changing Accrual Rates and Probationary Periods
7
Employer Experiences Implementing the Paid Sick Leave Ordinance
Summary
Notes
References
13
7
12
15
17
About the Authors
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EMPLOYERS' PERSPECTIVES
ON SAN FRANCISCO'S
PAID SICK LEAVE POLICY.
Over the past several years, paid sick leave has become an important issue on the policy stage.! A 2004
report by the Institute for Women's Policy Research helped thrust sick leave into the spotlight when it
found that 49 percent of
all
workers were unable to take paid sick leave for themselves or for sick family
members {Lovell 2004). Other research has confirmed that an even greater share of the workforce­
54 percent--cannot t.ake time offfrom work to care for sick children without losing payor using vacation
time (Galinsky, Bond, and Hill 2004). Eighty-three percent of workers go
to
work when they are
ill,
and
21
percent do so explicitly to save tlldr sick leave
to
stay home when their children are sick (ComPsych
Corporation 2007).
A key finding in much of this research is that low-income workers often lack access
to
paid time off. In
fact, data from nationally representative samples show that high-wage employees are more than twice as .
likely as low-wage employees
to
be able
to
take time off without penalties to care for their sick children
(Galinsky er al. 2004). According to the Labor Department, private-sector workers making less than $15
an hour are less likely than higher-paid workers to have access to any paid
sick
time. paid vacation time,
or paid personal time (U.S. Bureau of Labor Statistics 2007). Children in low-income families are also
much less likely to have a parent with paid sick leave than children in higher-income families, even among
families with t\vo employed parents (Clemans-Cope et
ai.
2008).
To address mis lack of paid sick leave, several jurisdictions have implemented or are considering a ne\v
labor standard that would require employers
to
provide paid sick leave. The city ofSan Francisco was the
first to pass such a law in 2006, but it is by no means alone in its efforts. In March 2008, the District of
Columbia became me second locality
to
pass a mandate on employers guaranteeing paid sick leave to
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'·lorkers. The bill is modeled after the San Francisco ordinance, but it differs on several details. Milwau­
kee, Wisconsin, voters also passed a sick leave mandate in November 2008. In addition, the federal gov­
ernment as well as other states and localities have introduced legislation on this issue (box 1).
A growing body of research shows the benefits to employees of having access to paid sick leave. In partic­
ular, the public health benefits appear strong; paid sick leave helps reduce the spread of infectious diseases,
such as influenza, and hospitalizations and health care COSts for preventable chronic conditions (Bhatia
2007; Hartmann 2007). One analysis finds that workers with preventable chronic conditions have less
access to paid sick leave, suggesting that workers with greater medical care needs face an additional barrier
to addressing their illnesses (Bhatia et al. 2008).
Information on the business impacts of providing paid sick leave is more limited. To be sure, many
employers already provide sick leave benefits to some of or
all
their employees,
in
part because ofbenefits
to
their business. For example, the availability of paid sick leave has been linked to reduced voluntary and
involuntary job turnover for employers (Cooper and Monheit 1993; Dodson, 11anuel, and Bravo 2002;
Earle and Heymann 2002; Heymann 2000). In addition, the provision ofpaid sick leave appears to improve
business productivity by limiting "presenteeism," or when employees work while
ill,
and ensuring that work­
ers are healthier while on the job (CCH Incorporated 2003; Goetzel et al. 2004; Hemp 2004; Lovell 2004).
However, mandated employer benefits increase labor costs for businesses, which can lead to employer
actions
to
minimize or offset these costs. A large body ofresearch on employer mandates shows that busi­
nesses will generally pass on any increased costs to their employees, through reduced wages and benefits,
or to their customers, through increased prices. To minimize costs, employers may also reduce workers'
hours to avoid workers' benefits from accruing, or maintain lower staffing levels than they otherwise
would, for example by reducing the number of employees. This is particularly likely for employers with
a minimum-wage labor force. who face wage rigidity (Summers 1989). An initial look at San Francisco's
employment rate in the year following implementation showed that the city "maintained a competitive
job growth rate" (Lovell and Miller 2008, 1). However, a paid sick leave requirement has unknown longer­
term implications. The Institute for Women's Policy Research has analyzed potential costs and benefi.ts of
paid sick leave policies and predicts a net savings for employers, employees and their families, and society
(Lovell and Miller 2005). The National Federation ofIndependent Business, on the other hand, estimates
major job losses and lost sales revenue associated with sick leave requirements (phillips 2008a, 2008b).
BOX
l.
Paid Sick Leave Policy fnitiath·es. 2008
S(mru:
Nation.1 Partnership for Women and
r"milies,
"In the
StatCll."
http://www.national£Y.lrtncrship.orglsite/PageScrver?pagename=psd_toolkiC
map_states.
2
EMPLOYER,)' PERSPECTfVES ON S/\N FHi\NCfSCO'S PArD SlO\:
LEAVE
POLICY
23
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San Francisco Ordinance and Context
The San Francisco Paid Sick Leave Ordinance (PSLO) passed as Proposition F by a ballot initiative spon­
sored by the San Francisco Board of Supervisors in November 2006.
It
amended the city's administrative
code by mandating that all employers grant their employees working in the city a minimum amount of
paid sick leave. This law is norable in that it provides time off for health-related needs for the worker as
well as the workers' family members or other "designated person." In addition, the law passed in San
Francisco applies to
all
employers in the
city,
regardless ofthe size of the employer, and to all employees­
part-time, full-time, and even temporary workers. The effective start date of the legislation was June 6,
2007. Additional details of the PSLO are explained in box 2.
The ordinance provided sick leave
to
an estimated 115,800 additional private-sector workers in San Fran­
cisco. These workers were eligible by the law's provisions but previously lacked access
to
any paid sick days.
Overall, an estimated one-quarter of the city's private-sector workforce gained paid sick leave through the
ordinance (Lovell 2006).
Two additional employer mandates implemented around the same time as the paid sick leave ordinance­
a minimum wage increase (to $9.36, a rate $3.51 higher than the federal minimum wage, and $1.36 higher
than the state minimum wage, at the time the site visit was conducted) and a health insurance expendi­
ture requirement-shaped employers' perspectives on San Francisco's business climate.
It
is important
BOX
2.
San Francisco Paid Sick Leave Ordinanct'
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fnwtdcnemplo~~\'IIerestll/abl
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enlplpye~.v.;~ren?tn:9uire#to.payfor.~l1yskktiineus~
.•
l1iis.tta~s.lti?npetiod.wasp:iat~
...
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........... ,.
. .... . .
...
~ary~ipOf99da¥5{~@rfue b~!lfl!Y9t
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. . .
'';''',;-.'<; -;--
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EMPLOY.ERS' PERSPECTIVES ON S.AN FR.t\NCISCO'S P;\JD SICK 1..E;\V1: POLICY
3
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to consider the effects ofthese additional mandates in interpreting the study findings. Box 3 describes these
additional labor standards in San Francisco.
About This Study
Despite the body of research outlining the benefits of paid sick leave as well as research on employer and
employment effects of benefit mandates more generally, none of the research to date has examined the
experiences ofemployers implementing the new law. Given that San Francisco has passed the nation's first
paid sick leave mandate, the results of this study should help other states and localities as they consider
enacting this type oflaw.
To that end, we examined how the new paid sick leave law affected 26 employers during the initial imple­
mentation period. The study focused on how the law affected their costs, staffing, and overall operations;
whether it caused them
to
alter wages or other benefits provided. or the costs of their services or products;
and whether
it
had noticeably affected employee retention or morale. Interviews were conducted in March
2008, approximately nine months after the law became effective.
In selecting employers
to
include in the study, we focused on those that had changed their personnel poli­
cies to comply with the ordinance. We sought ro include a wide range ofemployers wirh at least some low­
wage workers (paying $15 an hour or less). Participants were identified via employer associations and
groups, nonprofit organizations, Internet searches, and discussions with local experts.
The study team conducted 20 in-person or telephone interviews and held two focus groups with 6 addi­
tional employers. Respondents were business owners, human resources managers, or public policy direc-
BOX
3.
Additional California and San Francisco
Empto:yf1'
Mandates
4
EMPLOYERS' PERSPECTIVES ()N
SAN
FIZ:\NCLSCO'S PAJD SICK LEAVE POLlCY
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tors, or they were employed in a similar role and able to represent their firms' personnel policies. The
employers included in the study represented different business sizes, from an employer with one part­
time employee to a national company with 10,000 employees in San Francisco alone. We identified small
businesses as those with 25 or fewer employees, medium businesses as those with 26 to 99 employees,
and large businesses as those with more than 100 employees. The sample included a range of industries
as well. The sectors represented were chosen to reflect the industries in San Francisco that employed high
percentages of low-wage workers: the restaurant, retail, service, and health/human services industries.
Table 1 breaks down the employers by size and industry.
This subset of the business community was chosen to highlight the operational experiences of those
affected by the paid sick leave ordinance. The sample is not representative ofSan Francisco employers as
a whole or of all employers that changed personnel policies
to
meet the requirements of the ordinance.
This study also does not address the benefits or effects of the ordinance on workers themselves.
Employer Strategies for Implementing Paid Sick Leave
Employers in the study sample implemented the paid sick leave ordinance in various ways, from creating
entirely new policies to tinkering with specific facets of previous policies in order
to
comply with the new
requirements. The changes in their policies can be summarized into four broad categories:
(1)
expanding
leave for all or some employees, (2) establishing a paid dme off (PTO) policy, (3) replacing other bene­
fits and compensation policies, and (4) changing accrual rates and probationary periods.
These strategies are not mutually exclusive, and a single employer can fall under more than one category.
For example, an employer could change its policy from covering some employees to covering all workers,
as well as change the probation period before new employees begin accruing sick time.
Expanding LeaVe for All or Some Employees
Four interviewed employers offered no paid sick or vacation leave to their employees before the law was
passed and subsequently implemented a new paid sick leave policy and developed a new tracking
system. These employers had allowed their workers
to
take sick leave, but it was unpaid and had limi­
tations. One employer. the owner of a medium-sized restaurant, had in the past occasionally granted
paid sick leave
to
workers informally and case
by
case, depending on the worker's circumstances.
Several, particularly small business owners operated with more informal policies on leave before PSLO
was passed, so meeting the requirements of the new law required them
to
formalize their policies.
As one small business owner said, "Before, it was a courtesy-if someone wants
to
take a day off. I
TABLE
1.
Employers
by
Industry and Size
EMPLUr'ERS' PERSPECTI\lES
ON SAN
FRANC1SOYS
P/\iD
SICK
LEAVE
POLICY
5
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wouldn't dock their pay-you have to consider whether you want to be a strict boss or be more infor­
mal, like a family."
Ten employers expanded cheif sick leave policies
co
some workers who had not been covered by former
policies, resulting in increased time off for more workers at the business. In most of these cases, sick leave
had only been available to full-time employees; the ordinance thus opened these companies' policies
to
part-time employees. In one small business, the employer had offered paid leave only to her two salaried,
managerial employees; she began offering paid leave to her hourly employees as well to comply with the
regulations. A large financial services company expanded its paid time offpolicy to previously ineligible
on-call workers.
Establishing a
Paid
Time Off
Policy
About one-quarter (seven) ofthe employers in the study enacted a paid time offsystem encompassing both
sick and vacation leave
to
implement the paid sick leave ordinance, combining rather than separately track­
ing vacation and sick time accrual and use. Whether employees gained more paid days off depended on
the employers' policies before the ordinance. For example, several employers went from granting some or
none of their employees any paid vacation or sick leave to using PTO, thus increasing the overall amount
of paid leave. Others reclassified what had previously been only vacation leave to encompass the sick leave
requirement without providing any additional time off.
Employers switched to PTO for a range of reasons. Some employers believed PTO would be easier to
track than separately calculating vacation and sick leave accruals, and thus switched out of convenience.
Others didn't want to "police" their employees to ensure sick leave would he used for legitimate illnesses
in employees' families. With PTO, the employee did not need to provide an explanation for taking the
rime off. For example, one dry cleaner changed what was a vacation policy to PTO to avoid the paper­
work that would have been necessary for allowing workers to care for a "designated person" as specified
by the city's regulations.
Several other employers were motivated to use a PTO system because they believed it would reduce
unscheduled absences. For example, one small service-sector employee had a "historically bad pattern" of
employees calling in sick on weekends and holidays even though she had not previously granted most of
her employees any paid leave. She decided
to
implement a
PTO
policy because she preferred for her staff
to give advance notice when they wanted time offand
to
pay for the leave rather than deal with the chal­
lenges of finding coverage for staff who called in at the last minute. Another employer. an owner of a
medium-sized restaurant, described dIe switch to a PTO system as a way of providing a "disincentive" for
workers to call in sick, as he assumes his workers prefer
to
save their paid leave for vacation.
Replacing Other Benefits and/or Compensation with Sick Leave
Ten employers adjusted alternate aspects of their personnel policy to compensate for providing sick
leave. Common approaches included eliminating vacation time or other benefits or decreasing pay
raises or bonuses. For these firms, implementing the paid sick leave ordinance led them to trade off
previous benefits.
Three employers reclassified vacation time as sick leave to meet the new requirements. Sometimes the paid
sick leave ordinance was
more
generous than the employers' previous policies and provided more paid
6
EMPLOYERS'
PEHSPECTfVES
ON SAN
FR;\NCISCO'S
PAID SICf(
LEAV"E
POLICY
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time off. This differs from PTO in that employees are typically not permitted to use their sick leave for
non-health or caring purposes.
Interestingly, all three employers who replaced vacation time with sick leave were in the restaurant indus­
try: two ovroed multiple restaurants or locations of the same restaurant and were classified as large employ­
ers, and one was a small restaurant. These employers explained that they could not afford to give their
workers both forms ofleave.
Three other employers eliminated or decreased benefits that they had supplied, such as end-of-year bonuses.
Two small employers reported that they paid for sick leave with funds that had been allocated as bonus pay­
ments because no other funds coming into the business could be used to cover leave. Another medium­
sized retail employer used to give her employees their unused sick leave at the end of the year as a
ume-and-a-half pay bonus; now, because paid sick leave can carry over
to
the next year, she does not pro­
vide the benefit as a bonus.
Three small retail and two restaurant employers felt they could no longer afford to maintain previous
rates of
incentive-ba.~ed
wage growth. One explained that as paid sick leave added another component
to
labor costs and each employee's net pay, he does not promote employees or provide wage raises as
quickly as he otherwise would. In his words, "If you're at $10, you're going to stay there that much
longer to make up for (the additional expense]." Another employer reported that he had frozen wage
growth because of the ordinance, locking in wages at their pre-ordinance level rather than stepping
them up over time.
Changing Accrual Rates and Probationary Periods
Most employers in our study granted at least some of their employees some form of paid leave before the
ordinance's passage, but they were required to change their policies to comply with the new regulations.
Most commonly (as reported by 11 employers), they increased the rate at which sick leave or PTO accrues
or shortened the probationary period before which new employees begin accruing leave.
Under the new law, employees accrue one hour of paid sick leave for every 30 hours worked. Eight inter­
viewed employers who previously provided sick leave had a different formula for accrual (i.e., 1 hour for
every 40 hours worked, etc.) or based the calculation on an alternative time unit such
ali
calendar date rather
than gradual, hourly accrual (i.e.,
SLX
hours a month, eight days a year, one week a year, etc.). The employ­
ees working
fi.)f
these employers had a net gain in amount of paid leave they had access
to
per year.
According
to
the San Francisco ordinance, for employees hired after the implementation date, sick leave
accrual begins after 90 calendar days. Nine employers in our sample had
to
change previous probationary
policies to meet this regulation, resulting in newer employers having access
to
paid sick leave sooner than
they would have had under prior policies. For example, accrual for paid sick leave for one large human
services employer pre-implementation began after an employee had worked a
total
of 1,000 hours, which
is significantly longer than 90
days,
especially for a part-time employee.
Employer Experiences Implementing the Paid Sick Leave Ordinance
Several findings regarding employers' experiences with the paid sick leave ordinance and issues they faced
in implementing the new law were identified through our interviews.
E.MPUJYERS' PERSPECTIVES ON S/\N
FHANClSCO'S
PAm SICK
U,J\VE
POLICY
7
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By and large, most employers were able
to
implement the paid sick leave ordinance with minimal to
moderate effects on their overall business and their bottom line.
Most respondents in our sample expe­
rienced some increased labor costs because of PSLO, either from expanding existing policy
to
cover all
employees or increasing benefits. A few also noted additional minor costs in terms of accounting or track­
ing systems used to help monitor leave accrued and taken by their employees. Most employers reported
they were able to absorb the cost of providing paid sick leave. Reasons for the minimal impact varied but
included being a smaller employer with few employees affected by the law or adjusting only slightly the
total number ofpaid days off (through substituting sick days for vacation days or making relatively minor
adjustments
to
accrual rates or probationary periods).
As
noted above, the paid sick leave ordinance was implemented at the same time two other employer man­
dates, a minimum wage increase and a health insurance mandate, were enacted. Many employers were
focused on the "package" ofthese new requirements and what they meant for their business. Most employ­
ers were quick to say that of the three, the PSLO was the !east costly to their bottom line. However, in a
city where labor COSt increases were piling up, the PSLO did not help.
As
one dry cleaning store owner said,
'The paid sick leave, taken by itself, is not a big deal. But you get a triple whammy when you add that to
the minimum wage increases and the health insurance."
About halfofthe employers interviewed tried to offset or minimize
their
recent increased labor costs.
Ten employers in our study reported that they passed on the costs of the PSLO to their workers through
changes in other benefits or delayed wage increases to help defray costs. Because of the minimum wage
requirement, employers were largely unable to significantly reduce wage rates. However, some delayed or
cancelled planned wage increases for staffas a result of increased labor costs in general and the PSLO specif­
ically. Some employers changed other benefit levels to help defray costs, such as eliminating end-of-year
payouts for unused sick days or cancelling a planned extra week of vacation. St.'Ven employers raised the
prices or rates charged to their customers, but all noted that these increases were motivated by the impact
of the three employer mandates and other economic conditions on their business, not just the paid sick
lea.ve ordinance. Rate increases were seen in restaurants, retail, and health care.
Among the businesses included in our study, small or medium-sized employers were more affected
by the paid sick leave law than larger employers.
Most medium-sized employers we interviewed had
to expand benefits to a significant portion of their workforce, and their ability to both absorb the labor
cost increases and to administer and track the leave was significantly affected. According to many own­
ers, profit margins were tight, and the increased labor costs required companies to look for ways ofdecreas­
ing costs in other areas of their business. Additionally, several companies lacked sophisticated payroll
systems and therefore had trouble meeting the tracking requirement., of the law. In our sample of bus i­
nesses, small employers did not appear to be as significantly affected by the law in terms of increased labor
costs because some usually provided some type of paid sick leave informally. However, some small busi­
nesses eliminated vacation or bonuses to reduce costS, and several had difficulties implementing a track­
ing system.
Larger employers, on the other hand, seemed better able to handle the tracking requirements of the law
and to absorb the new labor costs into their business. Most had human resources departments and more
formalized policies in place for significant pomons of their workforce before PSLO. Many large employ­
ers had to expand their policies to additional workers, usually part-time or temporary workers. While this
expansion was sometimes substantial-for example, one national retailer had to start providing paid sick
8
ElvtPLOYER')' PERSPECTIVES ON S/\N
FH.:\NOSCO'$
PArD
SIC:r-:
LEAVE POLICY
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leave benefits to almost a quarter ofits San Francisco workforce, all ofwhom worked part time--the over­
all increase to the business's labor costs were small because the firm was very large.
Some industries
faced
more challenges with providing paid sick leave
than
others.
In general, restau­
rants were more likely than other industries
to
respond to the increased labor costs, with many enacting
some type ofcost saving measure. Again, however, most restaurant owners said that these cost-cutting mea­
sures often were not related to PSLO itself but a combination of the PSLO and an increase in the mini­
mum wage. Restaurant owners noted in panicular that, unlike the federal minimum wage, San Francisco's
minimum wage did not allow for a rip allowance, or a decreased minimum wage for workers who receive
tips. Paying this wage rate wIllie staying competitive with restaurants outside the city and keeping prices
"affordable" \vas a challenge.
Even within this industry, restaurants responded in different ways to reduce their labor costs. Some own­
ers tightened shifts and schedules so they did not have
to
hire so many part-time employees. Others shifted
part-time workers
to
full-time positions, mostly through attrition but occasionally
by
letting staff go and
replacing them with full-time workers. Other restaurants found additional ways to cut labor needs. One
local restaurant chain with facilities outside the
city
decided
to
have aU its vegetables and fruit prepared and
chopped in a nearby city and have the fuod driven
to
its San Francisco restaurants to reduce the amount of
San Francisco-employee time preparing fuod. Another owner started purchasing precut pork chops and
preprepared vegetables
to
reduce his need for "back of the house" workers.
Some restaurant owners stressed that the increased labor costs hit the medium-sized restaurants-those that
require a large number of wait-staff-the hardest. As one restaurant owner said, "The fine dining places
are being driven out. Now, the only way to stay in business here is to open pizzerias, sandwich shops, taque­
rias ... out-the-door restaurants, with fewer than 15 staff. But these types of restaurants don't provide as
many jobs. and it cuts into our reputation as a food destination."
Other industries also faced challenges. The health care industry employs on-call staff. many ofwhom work
intermittently. Providing on-call staff paid sick leave is difficult, given that they are only called when needed
and often are not guaranteed a certain number of hours each week or even each month. The wages of these
workers, according to one health care employer, are typically higher given the nature of these positions
(often at rates negotiated through a collective bargaining agreement), so adding a benefit onto this cate­
gory of employee affects the employer's bottom line.
Similarly, a nonmedical home care agency expressed concerns about its "at-will" employees. When the
agency hires a caregiver, the employee agrees to take on a particular assignment, and he or she is expected
to stay with that client until the client no longer requires the employee's services. While the interviewed
agencies allowed their workers to rake unpaid leave before the ordinance to attend to their ovm or their
families' health needs, the employers were not able to guarantee caregivers their assignment upon their
return. Caregivers thus risked losing their jobs when taking time off: if a client preferred a particular care­
giver's replacement, the client could SVI.':itch caregivers. In addition, as employees' hours were based on indi­
vidual clients' discretion and could be unpredictable, and as the work took place in clients' homes, the
employer faced challenges in implementing and tracking paid sick leave accrual.
Many businesses would prefer state or national employer mandates rather than a
city
mandate.
For many employers, the faCt that their competitors just over the city line were not subject to the city's
minimum wage, health insurance, or paid sick leave requirements made the cost of staying competitive
EMPLOYEfl'\' PFRSPECT1VES ON SAN FRANCLSCO'S
PAID
SICK LEAVE POLICY
9
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difficult. While six employers noted thar they might consider relocating outside San Francisco in the future,
most reported that they did not have much ofan option, given that their business relied on either local res­
idents (such as dry cleaners or pet care) or tourists (for restaurants and hotels) drawn
to
San Francisco.
Given these realities, most employers explained that if the government was going to pass paid sick leave
mandates, it should be the state or national government. This was true regardless ofthe employer's personal
opinion of the law. For example one small employer said, "Philosophically, [PSLO] is a good thing. I just
wish it were more spread out-and that all businesses had to comply-that way it would level the playing
field, so that we are not at a competitive disadvantage." Another, who did not support the law, noted, "If
everyone ill the state was doing it, then okay. Who cares
if
taxes go up? Ifeveryone else is paying, who cares?"
One hardware company owner suggested that the city could help San Francisco employers by giving them
preference in their contracting and bidding processes. "Right now, I'm competing against companies out­
side of San Francisco who don't have to comply with these city mandates. So. to win the city contract, you
either make less or you lose the bid because these other companies have lower costs. The city should take
the lead on business-friendly legislarion
to
ofter San Francisco businesses preference in bidding for city con­
tract').
It
would make a statement from the city that they're asking a tremendous amount from the busi­
nesses here, but that the city wants to help them however it can."
Larger employers did not worry as much about competitive disadvantages, since their operations and larger
business decisions were not typically driven by policy changes in San Francisco. But, for different reasons,
larger employers also said they would prefer a state or national law, if paid sick leave was going to be an
increasingly common requirement. These respondents were primarily concerned about administering dif­
ferent policies for employees in different cities and, for national companies, in different states. For these
larger national employers, mandates requiring nine days of paid sick leave in San Francisco, seven da}'s in
Dayton, and five days in Washington wouLd be difficult for human resource administrators.
As
one com­
pany representative noted,
"It
is a mess to try to have specific rules for each city. We don't want a patch­
work solution and want
to
see laws at the federal level, whether we like the laws or not. A patchwork just
causes confusion on top ofadministrative burdens,"
Few employers reported any early benefits from reduced absenteeism, lower turnover, or improved
employee morale as a result of the paid sick leave ordinance.
Employers noted that turnover and
retention seem less relevant
to
a mandated benefit, since now the same sick leave benefits are available
across companies.
As
one small business owner observed, "The policies I had in place before were there
to
reduce tUrnover and get better employees-and they did have an effect. But now, since the new ordi­
nance, employees will have the same benefit no matter where they work. There's less of an incentive
to
stay and work for me."
Some employers reported that the law limits their ability to reward full-time or longer-tenure workers with
higher benefits than part-time or new workers.
As
one small business owner said "Now my part-time
employees are getting to be equal
to
my full-timers, those full-timers are upset that they're getting the
same benefits-they feel mistreated. There needs to be some distinction for those that work full time
and have been working for me for a. ",rhiIe. But, I don't have the ability to add additional benefits
to
full­
timers because all of my fixed costs are up."
Policymakers need to engage employers to inform the details of a paid sick leave law.
Employers
stressed the need for employers to be at the table earl}' on when crafting a paid sick leave policy. Accord­
10
El'vtPLOYEfl'i' PERSPECTIVES ON SAN
FR/l,NCISCO'S
PArD
SICK
LEAVE
POLICY
.sf
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ing
to
many employers in our srudy, the development of San Francisco's policy did not include rhe
employer perspective on critical issues, making implementation more difficult. As one employer noted,
"When I have a problem, I go to the people who are going to be affected and ask their opinion. Here is a
problem where they want
to
find a solution, and the stakeholders who should have been tapped weren't.
No matter how you slice it, it is a cost, so business will still be against it-but HR folks and other busi­
nesses could have at least weighed in on how to get it right.» Many employers noted that, from their per­
spective, the process seemed to have assumed an adversarial relationship between employers and
employees. Employers stressed that this is not necessarily true and that involving employers in the con­
versation and viewing them as partners in crafting the policy would have been a better route to finding a
mutually agreeable policy.
Employers noted an important area for their input was setting the sick leave accrual rates. Many noted that
San Frandsco's accrual rate ofone hour ofsick leave for every 30 hours worked was awkward to implement.
Most human resource systems already account for benefits in increments of20 or 40 hours, so the 30-hour
accrual required additional calculations for most employers. In addition, the way the law
\'\.'35
written, the
sick leave caps at nine days a year (or five days for small businesses). But the cap is a rolling cap, so
if
an
employee earns nine days in year one, then takes
all
nine days early in year two (say, in January), the
employee can still accrue more sick leave time in year two and, theoretically, take more leave later in the
year. The rolling cap is difficult to administer for many employers and runs counter to the way many busi­
nesses accrue and provide other benefits
to
their employees.
Employers also noted that a city or state should provide additional staffing and resources to the adminis­
tering agency
to
help implement a PSLO, particularly technical assistance for employers to help them get
their PSL systems up and running. Most employers, as well as city officials we spoke with, agreed that the
administering agency lacked the staff and resources to meet the law's requirements and help employers
implement the poli,,]' on time. In fact, the timeline for implementation was delayed by 120 days during
which employees were able
to
accrue paid sick leave but employers were not required to pay for any sick
time used. This transition period was created to give
ciry
officials and employers extra time
to
make the
program operational and address implementation issues. Some major considerations worked out at this
time included addressing exempt employl.'CS, further defining employers' "reasonable requests" for notice,
and parameters for leave taking.
In addition
to
implementation, ongoing education and enforcement efforts are needed. Regulatory laws
are only as good as the enforcement efforts that back them up. Yet, city officials and employers both noted
the challenge of educating employers and employees about the benefit and ensuring compliance for the
estimated 106,000 registered businesses in the
city.2
At the time of our intervievl'S, officials were planning
an employer education campaign to help tell people about the law and answer questions.
As
one small busi­
ness owner said, "Many employers still don't know about this law. The city sent two fliers, and most peo­
ple throw those out. They need some son of acknowledgment from employers that they've read the law
and have implemented it."
Enforcing PSLO
is
primarily driven by employer or employee complaints, which, employers and officials
note, leaves the burden largely on employees to identifY employers that refuse
to
comply with the law. In
the words ofone employer, "We keep passing more laws, and there's no enforcement. For the bad employ­
ers, employees will keep working quietly and not complain if they want
to
keep their jobs, and there's not
an effort to go find the sweatshops in the city-the city doesn't have enough people to enforce labor laws
in those places-this law won't be enforced either." W'hen violations are reported and confirmed in San
ElvlPLOYERS' PERSPECTIVES ON
Sl\N
Fflt\NCISCO'S
PAID SICK
LEAVE POLlCY
11
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Francisco, noncompliance penalties are limited to the dollar amount ofthe paid sick leave withheld from
the employee multiplied by three or $250, whichever is greater. If the violation resulted in other harm to
the employee, including discharge from employment, then employers may face an additional charge of$50
for each employee harmed, accumulated for each day that the violation occurred or continued. Thinking
through these implementation issues before a law goes into effect would go a long way in easing employ­
ers' challenges in complying with the new legislation and ensuring that employers implement the law as
intended.
Summary
This study ofemployer perspectives on implementing mandated paid sick leave in San Francisco provides
useful insights for policymakers, advocates, and the business community
to
consider as these policies are
debated. According to our study, most employers were able
to
implement this mandate with minimal
impacts on their business in the first year. However, San Francisco's experience suggests that
it
is critical to
consider the policy environment affecting employers, such as health insurance or other mandates, when
debating the addition ofne-v labor costs.
This study also finds that not all businesses respond the same way when addressing these increased labor
COStS, with some affected more than others. Considering the law's effects on employers ofdifferent sizes and
across different industries
is
critical
to
understanding the larget business and employment effects of a paid
sick leave mandate. Further, policymakers should consider specific implementation challenges and eco­
nomic effects that result when mandated paid sick leave is established locally, rather than statewide or
nationally. Finally, ensuring that the business community is engaged in the design of these policies at the
outset would help ensure that a paid sick leave law
is
implemented smoothly and that unintended conse­
quences are avoided or minimized.
12
EI'vfPLOHRS' PERSPECTfVES ON
SAN
FR:\N(]SCC),S PArD SIO\: LEAVE POLlCY
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NOTES
1.
In this report, paid sick leave refers to the limited number of da)'5 off an employer provides employees for an illness or ill
family member. Longer leaves can also
be
paid in California as part of the S£ate's Paid Family Leave Insurance program.
2. San Francisco Planning and Urban Research Association, «Ballot Analysis November 2007: A Comprehensive Guide
to
San Francisco's Ballot
Measures,~
htrp:llwvvw.spur.orgldocumemsll107_ballocana1ysis.shtm.
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REFERENCES
Bhatia, Rajiv. 2007. Testimony before the U.S. Senate Committee on Health, Educ;ltion, Labor, and Pensions, February 13.
Bhatia, Rajiv,
Lili
Farhang, Johnathon Heller, Korey Capozza, Jose Mdendex. Kim Gilhuly, and Netsy Firestein. 2008.
A
Health ImpactAssessment a/the
Californu, Healtkll Families,
Hedlthy
WorkpIMes
Act 0/2008.
Oakland,
c.1\:
Human Impact
Partners and San Francisco Department ofPublic Health.
CCH Incorporated. 2003. "Unscheduled Employee Absenteeism Hits Lowest Point in CCH Survey History."
Human
Resollr<'t's
lV[dndgement
and Trends
Special Issue 569 (October): 155-64.
Clemans-Cope, Lisa., Cynthia.
D. Perry.
Genevieve M. Kenney, Jennifer
E.
Pelletier, and Matthew S. Pantell. 2008. "Access
to
and Use afPaid Sick Leave among Low-Income Families with Children."
Pcdu,trieJ
122:480-86.
Com Psych Corporation. 2007. "Poll:
83
Pen:ent ofWorkers Say They Work
'While
Sick, Up from
77
Pen:ent Previously." Press
release. Chicago: ComPsych Corporation. http://wvvw.compsych.com/jsp/en_US/core/homelpressRdeasesList2007.jsp?
cid=422#.
Cooper, Phillip
E,
and Alan
C.
Monheit.
1993.
"Does Employment-Related Health Insurance Inhibit Job Mobility?"
Inquiry
30 (Winter); 400-16.
Dodson,
Lisa,
Tiffany Manuel, and Ellen Bravo. 2002. "Keeping Jobs and Raising Families in Low-Income America:
It
Just
Doesn't Work." Cambridge, MA: Radcliffe Institute for Advanced Study.
Earle, Alison, and Jody Heymann. 2002. "'X'har Causes Job Loss among Former Welfare Recipients: The Role of Family
Health Problems.
n
Journal
a/the American
Medical Women's Assocu,tion
57 (Winter); 5-10.
Galinsky. Ellen, James T Bond, and E. Jeffrey Hill. 2004.
A Status Report on If/orkpla,( Flexibility: Who Has It? W'ho wants
It?
What DijJ'C1"ence Does
It
MakdNew
York: Families and Work Institute.
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Goetzel, Ron Z., Stacey
R.
Long. Ronald J. Ozminkowski, Kevin Hawkins, Shaohung Wang, and Wendy Lynch. 2004. "Health,
Absence, Disability, and Presenteeism Cost Estimates of Certain Physical and Mental Health Conditions Affecting U.S.
Employers.·
Journal 0/Occupatio1w Imd EmJironmmraiMedicine
46
(April):
398-412.
Hartmann, Heidi. 2007. Testimony before the U.S. Senate Committee on Health, Education, Labor, and Pensions,
February 13.
Hemp, Paul. 2004. "Presenteeism: At Work-but Out of
It.·
Harvard Busint'!!
&view
82(10):
49-58.
Heymann. Jody. 2000.
The Widening Gap: Wiry Americas Working Families Are in Jeopardy and What Can Be Don(' about It.
New
York: Basic Books.
Lovdl, Vicky. 2004.
No Time
~o
Be
Sick:
if",).
Everyone Suffirs Whm Workm Don't Have PaidSick Leave.
W~"1Shington,
DC: Insti­
tute for Women's Policy Research.
- - - . 2006.
Valuing Good Health in San Francisco: The Costs <lnd Benefits
0/
a Proposed Paid Sick Days Policy.
Washington.
DC: Institute for Women's Policy Research.
.
Lovell, Vicky, and Kevin Miller. 2008. "Job Grovlrth Strong with Paid Sick Days." Washington, DC: Institute for Women's
Policy Research.
Phillips, Bruce D. 200Sa.
AB2716 The
C4
Healthy
~flol'kplaces
Act 0/2008: Economic and Small Business Efficts.
Washington,
DC: National Federation ofIndependenr Business Research Foundation.
-~-.
200Sb.
Ohio's Proposed
Ismt
4:
The Economic and
STlU1.U
Business EIfo..
-ts
0/
Mandated Sick
Ltat't.
Washington. DC:
National Federation ofIndependent Business Research Foundation.
Summers, Lawrence H. 1989. "Some Simple Economics ofMandated Benefits."
TheArnerican Economic
&t,w
79(2): 177-83.
U.S. Bureau of Labor Statistics. 2007.
National Compensation and
Benefits
Survey.
Washington. DC: U.S. Bureau of Labor
Statistics.
16
EMPLOYE[l<)' PERSPECTIVES ON SAN FRA.NCfSC(rS PArD SlCK LEAVE POLICY
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ABOUT THE AUTHORS
Shelley
Waters Boots
is a senior research associate in the Urban Institute's Center on Labor, Human
Services, and Population. Her research focuses on understanding the intersection ofwork, fanlily, and
children's development and well-being. She is particularly interested in how employers and public policy
supports affect the lives of working families. She also brings expertise on policy and communications
issues, working
to
link solid research
to
current policy debates.
Karin
Martinson
is a senior research associate in the Urban Institute's Center on Labor, Hwnan Services,
and Population. Her research interests include welfare reform, employment
and training programs,
service delivery systems, and work supports. She has worked on numerous progranl evaluations in these
areas, with a focus
011
implementation studies of programs and services for low-income families.
Anna Danziger
is a research associate in the Urban Institute's Center on Labor. Human Services, and
Population. Her research focuses on issues and policies that affect working fanlilies, particularly child
care and workplace flexibility.
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HOUSE BILL 968
K3, P4
4lr0618
CF SB 753
By:
Delegates Olszewski, Anderson, Barkley, Barnes, Bobo, Braveboy, Cane,
Carter, Clagett, Clippinger, Conaway, Cullison, DeBoy, Dumais,
Fraser-Hidalgo, Frush, Gaines, Gilchrist, Glenn, Gutierrez, Guzzone,
Hammen, Haynes, Healey, Hixson, HoImes, Howard, Hubbard, Hucker,
Ivey, Jones, Kaiser, A. Kelly, Lafferty, Lee, Love, Luedtke, McHale,
McIntosh,
A
Miller, Mitchell, Mizeur, Morhaim, Nathan-Pulliam,
Niemann, Oaks, Pena-Melnyk, Pendergrass, Proctor, Reznik,
B. Robinson, S. Robinson, Rosenberg, Simmons, Stukes, Summers,
Swain, Tarrant, F. Turner, V. Turner, Valderrama, Vaughn,
Waldstreicher,
A
Washington, M. Washington, and Zucker
Introduced and read first time: February 6, 2014
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning
Labor and Employment - Maryland Earned Sick and Safe Leave Act
FOR the purpose of requiring certain employers to provide employees with certain
earned sick and safe leave; providing for the method of determining whether an
employer is required to provide paid or unpaid earned sick and safe leave;
providing for the manner in which earned sick and safe leave is accrued by the
employee and treated by the employer; authorizing an employer, under certain
circumstances, to deduct the amount paid for earned sick and safe leave from
the wages paid to an employee on the termination of employment under a
certain provision of law; requiring an employer to allow an employee to use
earned sick and safe leave for certain purposes; requiring an employee, under
certain circumstances, to request leave, notify the employer of certain
information, and comply with certain procedures; authorizing an employer to
establish, subject
to
certain limitations, certain procedures for an employee to
follow when requesting and taking earned sick and safe leave; authorizing an
employer, under certain circumstances, to require an employee to provide
certain documentation subject to certain limitations; requiring an employer to
notify the employees that the employees are entitled to certain earned sick and
safe leave; specifying the information that must be included in the notice;
requiring the Commissioner of Labor and Industry to create and make available
a certain poster and notice; providing for the manner in which an employer may
comply with a certain notice requirement; establishing certain civil penalties for
EXPLANATION:
CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
1111111111111111111111111111111111111111
®
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2
HOUSE BILL 968
the violation of certain provisions of this Act; requiring an employer to keep
certain records for a certain time period; authorizing the Commissioner under
certain circumstances to inspect certain records; establishing a rebuttable
presumption that an employer has violated certain provisions of this Act under
certain circumstances; providing that a certain rebuttable presumption may be
overcome only by certain evidence; authorizing the Commissioner to take
certain acts when the Commissioner determines certain provisions of this Act
have been violated; authorizing an employee to bring a civil action in a certain
court against an employer for a violation of certain provisions of this Act;
requiring that a certain action be brought within a certain time period;
a uthorizing a court to a ward certain damages and fees under certain
circumstances; establishing certain prohibited acts; providing for certain
criminal penalties; providing that certain protections apply to certain
employees; requiring the Commissioner to develop and implement a certain
outreach program; authorizing the Commissioner to adopt regulations to carry
out certain provisions of this Act; authorizing the Commissioner to conduct an
investigation, under certain circumstances, to determine whether certain
provisions of this Act have been violated; requiring the Commissioner, except
under certain circumstances, to keep certain information confidential; providing
for the construction of certain provisions of this Act; providing for the
application of this Act; defining certain terms; and generally relating to earned
sick and safe leave.
BY repealing and reenacting, with amendments,
Article - Labor and Employment
Section 2-106(b)
Annotated Code of Maryland
(2008 Replacement Volume and 2013 Supplement)
BY adding to
Article - Labor and Employment
Section 3-103(i); and 3-1201 through 3-1212 to be under the new subtitle
"Subtitle 12. Earned Sick and Safe Leave"
Annotated Code of Maryland
(2008 Replacement Volume and 2013 Supplement)
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Labor and Employment
2-106.
(b)
Except as provided in subsection (c) of this section, and in addition to
authority to adopt regulations that is set forth elsewhere, the Commissioner may
adopt regulations that are necessary
to
carry out:
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HOUSE BILL 968
3
(1)
(2)
Title 3, Subtitle 3 of this article;
Title 3, Subtitle 5 of this article;
TITLE
3,
SUBTITLE
12
OF THIS ARTICLE;
(3)
[(3)]
(4)
Title 4, Subtitle 2, Parts I through III of this article;
Title 5 of this article;
Title 6 of this article; and
Title 7 of this article.
[(4)] (5)
[(5)] (6)
[(6)] (7)
3-103.
(I)
(1)
THE COMMISSIONER MAY CONDUCT AN INVESTIGATION TO
DETERMINE WHETHER SUBTITLE
12
OF THIS TITLE HAS BEEN VIOLATED ON
RECEIPT OF A WRITTEN COMPLAINT BY AN EMPLOYEE.
TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL
KEEP CONFIDENTIAL THE IDENTITY OF AN EMPLOYEE WHO HAS FILED A
WRITTEN COMPLAINT ALLEGING A VIOLATION OF SUBTITLE
12
OF THIS TITLE
UNLESS THE EMPLOYEE WAIVES CONFIDENTIALITY.
SUBTITLE
12.
EARNED SICK AND SAFE LEAVE.
(2)
3-1201.
(A)
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS
INDICATED.
(B) "ABUSE" HAS THE MEANING STATED IN
§
4-501
OF THE FAMILY
LAw
ARTICLE.
(C) "DOMESTIC VIOLENCE" MEANS ABUSE AGAINST A PERSON ELIGIBLE
FOR RELIEF.
(D) "EARNED SICK AND SAFE LEAVE" MEANS PAID LEAVE AWAY FROM
WORK THAT IS PROVIDED BY AN EMPLOYER UNDER
§
3-1205
OF THIS SUBTITLE.
(E)
"EMPLOYEE" DOES NOT INCLUDE AN INDIVIDUAL WHO:
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4
HOUSE BILL 968
(1)
EMPLOYER;
DOES NOT HAVE A REGULAR WORK SCHEDULE WITH THE
CONTACTS THE EMPLOYER FOR WORK ASSIGNMENTS AND IS
SCHEDULED TO WORK THE ASSIGNMENTS WITHIN
48
HOURS OF CONTACTING
THE EMPLOYER;
HAS NO OBLIGATION TO WORK FOR THE EMPLOYER IF THE
INDIVIDUAL DOES NOT CONTACT THE EMPLOYER FOR WORK ASSIGNMENTS; AND
(2)
(3)
(4)
(F)
IS NOT EMPLOYED BY A TEMPORARY PLACEMENT AGENCY.
"EMPLOYER" INCLUDES:
(1)
A UNIT OF STATE OR LOCAL GOVERNMENT; AND
A PERSON THAT ACTS DIRECTLY OR INDIRECTLY IN THE
INTEREST OF ANOTHER EMPLOYER WITH AN EMPLOYEE.
(G)
"FAMILY MEMBER" MEANS:
(2)
(1)
A BIOLOGICAL CHILD, AN ADOPTED CHILD, A FOSTER CHILD,
OR A STEPCHILD OF THE EMPLOYEE;
A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL OR PHYSICAL
CUSTODY OR GUARDIANSHIP;
(2)
(3)
CAREGIVER;
A CHILD FOR WHOM THE EMPLOYEE IS THE PRIMARY
A BIOLOGICAL PARENT, AN ADOPTIVE PARENT, A FOSTER
PARENT, OR A STEPPARENT OF THE EMPLOYEE OR THE EMPLOYEE'S SPOUSE;
(4)
(5)
(6)
THE LEGAL GUARDIAN OF THE EMPLOYEE;
AN INDIVIDUAL WHO SERVED AS THE PRIMARY CAREGIVER OF
THE EMPLOYEE WHEN THE EMPLOYEE WAS A MINOR;
(7)
(8)
(9)
THE SPOUSE OF THE EMPLOYEE;
A GRANDPARENT OF THE EMPLOYEE;
THE SPOUSE OF A GRANDPARENT OF THE EMPLOYEE;
@
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HOUSE BILL 968
5
(10)
A GRANDCHILD OF THE EMPLOYEE;
(11)
A BIOLOGICAL SIBLING, AN ADOPTED SIBLING, OR A FOSTER
SIBLING OF THE EMPLOYEE; OR
(12)
THE SPOUSE OF A BIOLOGICAL SIBLING, A FOSTER SIBLING,
OR AN ADOPTED SIBLING OF THE EMPLOYEE.
(H) "HEALTH CARE PROVIDER" MEANS AN INDMDUAL LICENSED
UNDER STATE LAW TO PROVIDE MEDICAL SERVICES.
(I)
"PERSON ELIGIBLE FOR RELIEF" HAS THE MEANING STATED IN
§
4-501
OF THE FAMILY
LAw
ARTICLE.
(J)
"SEXUAL ASSAULT" MEANS:
RAPE, SEXUAL OFFENSE, OR ANY OTHER ACT THAT· IS A
SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE CRIMINAL
LAw
ARTICLE;
(1)
(2)
ARTICLE; OR
CHILD SEXUAL ABUSE UNDER
§
3-602
OF THE CRIMINAL
LAw
SEXUAL ABUSE OF A VULNERABLE ADULT UNDER
§
3-604
OF
THE CRIMINAL
LAw
ARTICLE.
(3)
(K) "STALKING" HAS THE MEANING STATED IN
§
3-802
OF THE
CRIMINAL
LAw
ARTICLE.
3-1202.
THIS SUBTITLE MAY NOT BE CONSTRUED TO:
(1)
REQUIRE AN EMPLOYER TO COMPENSATE AN EMPLOYEE FOR
UNUSED EARNED SICK AND SAFE LEAVE WHEN THE EMPLOYEE LEAVES THE
EMPLOYER'S EMPLOYMENT;
PROHIBIT AN EMPLOYER FROM ESTABLISHING A POLICY
UNDER WHICH EMPLOYEES MAY VOLUNTARILY EXCHANGE ASSIGNED WORK
HOURS;
(2)
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6
HOUSE BILL 968
PROHIBIT AN EMPLOYER FROM ADOPTING OR RETAINING A
GENERAL PAID LEAVE POLICY THAT MEETS THE MINIMUM REQUIREMENTS OF
THIS SUBTITLE;
AFFECT A PROVISION OF A CONTRACT, A COLLECTIVE
BARGAINING AGREEMENT, AN EMPLOYEE BENEFIT PLAN, OR ANY OTHER
AGREEMENT THAT REQUIRES THE EMPLOYER TO PROVIDE GENERAL PAID
LEAVE BENEFITS THAT MEET THE MINIMUM REQUIREMENTS OF THIS SUBTITLE;
PREEMPT, LIMIT, OR OTHERWISE AFFECT ANY OTHER LAW
THAT PROVIDES FOR SICK AND SAFE LEAVE BENEFITS THAT ARE MORE
GENEROUS THAN REQUIRED UNDER THIS SUBTITLE; OR
PREEMPT, LIMIT, OR OTHERWISE AFFECT ANY WORKERS'
COMPENSATION BENEFITS THAT ARE AVAILABLE UNDER TITLE
9
OF THIS
ARTICLE.
(3)
(4)
(5)
(6)
3-1203.
THIS SUBTITLE DOES NOT APPLY TO AN EMPLOYEE WHO REGULARLY
WORKS LESS THAN
8
HOURS A WEEK FOR AN EMPLOYER.
3-1204.
(A)
THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A
MULTILINGUAL OUTREACH PROGRAM TO INFORM EMPLOYEES AND OTHER
AFFECTED INDIVIDUALS ABOUT THE AVAILABILITY OF EARNED SICK AND SAFE
LEAVE UNDER THIS SUBTITLE.
THE PROGRAM ESTABLISHED UNDER SUBSECTION (A) OF THIS
(B)
SECTION SHALL INCLUDE THE DISTRIBUTION OF NOTICES AND OTHER WRITTEN
MATERIAL IN ENGLISH, SPANISH, AND OTHER LANGUAGES TO:
(1)
CHILD AND ELDER CARE PROVIDERS;
DOMESTIC VIOLENCE SHELTERS;
SCHOOLS;
HOSPITALS;
COMMUNITY HEALTH CENTERS; AND
(2)
(3)
(4)
(5)
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HOUSE BILL 968
7
(6)
HEALTH CARE PROVIDERS.
3-1205.
(A)
(1)
AN
EMPLOYER THAT EMPLOYS MORE THAN
9
EMPLOYEES
SHALL PROVIDE AN EMPLOYEE WITH EARNED SICK AND SAFE LEAVE THAT IS
PAID AT THE SAME RATE AND WITH THE SAME BENEFITS AS THE EMPLOYEE
NORMALLY EARNS.
(2)
AN
EMPLOYER THAT EMPLOYS
9
EMPLOYEES OR LESS SHALL
PROVIDE AN EMPLOYEE WITH UNPAID EARNED SICK AND SAFE LEAVE.
(I)
FOR THE PURPOSE OF DETERMINING WHETHER AN
EMPLOYER IS REQUIRED TO PROVIDE PAID OR UNPAID EARNED SICK AND SAFE
LEAVE UNDER THIS SUBSECTION, THE NUMBER OF EMPLOYEES OF AN
EMPLOYER SHALL BE DETERMINED BY CALCULATING THE AVERAGE MONTHLY
NUMBER OF EMPLOYEES EMPLOYED BY THE EMPLOYER DURING THE
IMMEDIATELY PRECEDING CALENDAR YEAR.
(II) EACH EMPLOYEE OF AN EMPLOYER SHALL BE
INCLUDED IN THE CALCULATION MADE UNDER SUBPARAGRAPH (1) OF THIS
PARAGRAPH WITHOUT REGARD TO WHETHER THE EMPLOYEE WOULD BE
ELIGIBLE FOR EARNED SICK AND SAFE LEAVE BENEFITS UNDER THIS
SUBSECTION.
THE EARNED SICK AND SAFE LEAVE PROVIDED UNDER SUBSECTION
(B)
(A) OF THIS SECTION SHALL ACCRUE AT A RATE OF AT LEAST 1 HOUR FOR
EVERY
30
HOURS AN EMPLOYEE WORKS.
(C)
(3)
AN
EMPLOYER MAY NOT BE REQUIRED TO ALLOW AN EMPLOYEE TO:
(1)
EARN MORE THAN
56
HOURS OF EARNED SICK AND SAFE
LEAVE IN A CALENDAR YEAR;
(2)
USE MORE THAN
80
HOURS OF EARNED SICK AND SAFE LEAVE
IN A CALENDAR YEAR; OR
USE EARNED SICK AND SAFE DURING THE FIRST
3
MONTHS
THE EMPLOYEE IS EMPLOYED.
(D) AT THE BEGINNING OF A CALENDAR YEAR, AN EMPLOYER MAY
AWARD TO AN EMPLOYEE THE FULL AMOUNT OF EARNED SICK AND SAFE LEAVE
THAT AN EMPLOYEE WOULD EARN OVER THE COURSE OF THE CALENDAR YEAR
(3)
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8
HOUSE BILL 968
RATHER THAN AWARDING THE LEAVE AS THE LEAVE ACCRUES DURING THE
CALENDAR YEAR.
(E)
(1)
ExCEPT AS PROVIDED IN PARAGRAPH
(2)
OF THIS
SUBSECTION, FOR THE PURPOSES OF CALCULATING THE ACCRUAL OF EARNED
SICK AND SAFE LEAVE, AN EMPLOYEE WHO IS EXEMPT FROM OVERTIME WAGE
REQUIREMENTS UNDER THE FEDERAL FAIR LABOR STANDARDS ACT IS
ASSUMED TO WORK
40
HOURS EACH WORKWEEK.
IF THE EMPLOYEE'S NORMAL WORKWEEK IS LESS THAN
40
HOURS, THE NUMBER OF HOURS IN THE NORMAL WORKWEEK SHALL BE USED.
(F)
(2)
(1)
EARNED SICK AND SAFE LEAVE SHALL BEGIN TO ACCRUE:
(I)
OCTOBER
1,2014;
OR
(II) IF THE EMPLOYEE IS HIRED AFTER OCTOBER
1, 2014,
THE DATE ON WHICH THE EMPLOYEE BEGINS EMPLOYMENT WITH THE
EMPLOYER.
AN
EMPLOYEE MAY NOT ACCRUE EARNED SICK AND SAFE
LEAVE BASED ON HOURS WORKED BEFORE OCTOBER
1, 2014.
(G)
(1)
SUBJECT TO PARAGRAPH
(2)
OF THIS SUBSECTION, IF AN
EMPLOYEE HAS UNUSED EARNED SICK AND SAFE LEAVE AT THE END OF A
CALENDAR YEAR, THE EMPLOYEE MAY CARRY THE BALANCE OF THE EARNED
SICK AND SAFE LEAVE OVER TO THE FOLLOWING CALENDAR YEAR.
(2)
AN
EMPLOYER MAY NOT BE REQUIRED TO ALLOW
AN
EMPLOYEE TO CARRY OVER MORE THAN
56
HOURS OF EARNED SICK AND SAFE
LEAVE UNDER PARAGRAPH
(1)
OF THIS SUBSECTION.
(H) IF AN EMPLOYEE BEGINS WORKING IN A SEPARATE DIVISION OR
LOCATION BUT REMAINS EMPLOYED BY THE EMPLOYER, THE EMPLOYEE IS
ENTITLED TO THE EARNED SICK AND SAFE LEAVE THAT ACCRUED BEFORE THE
EMPLOYEE MOVED TO THE SEPARATE DIVISION OR LOCATION.
(I)
(1)
IF AN EMPLOYEE IS REHIRED BY THE EMPLOYER WITHIN
12
MONTHS AFTER LEAVING THE EMPLOYMENT OF THE EMPLOYER, THE
EMPLOYER SHALL REINSTATE ANY UNUSED EARNED SICK AND SAFE LEAVE
THAT THE EMPLOYEE HAD WHEN THE EMPLOYEE LEFT THE EMPLOYMENT OF
THE EMPLOYER.
(2)
'15
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HOUSE BILL 968
9
(2)
IF AN EMPLOYEE IS REHIRED BY THE EMPLOYER MORE THAN
12
MONTHS AFTER LEAVING THE EMPLOYMENT OF THE EMPLOYER, THE
EMPLOYER MAY NOT BE REQUIRED TO REINSTATE ANY UNUSED EARNED SICK
AND SAFE LEAVE THAT THE EMPLOYEE HAD WHEN THE EMPLOYEE LEFT THE
EMPLOYMENT OF THE EMPLOYER.
(J)
(1)
AN
EMPLOYER MAY ALLOW AN EMPLOYEE TO USE EARNED
SICK AND SAFE LEAVE BEFORE THE AMOUNT NEEDED BY THE EMPLOYEE
ACCRUES.
(2)
IF AN EMPLOYEE IS ALLOWED UNDER PARAGRAPH
(1)
OF THIS
SUBSECTION TO USE EARNED SICK AND SAFE LEAVE BEFORE IT HAS ACCRUED,
THE EMPLOYER MAY DEDUCT THE AMOUNT PAID FOR THE EARNED SICK AND
SAFE LEAVE FROM THE WAGES PAID TO THE EMPLOYEE ON THE TERMINATION
OF EMPLOYMENT UNDER
§
3-505
OF THIS TITLE IF:
THE EMPLOYER AND EMPLOYEE MUTUALLY CONSENTED
TO THE DEDUCTION AS EVIDENOED BY A DOCUMENT SIGNED BY THE EMPLOYEE;
AND
(II) THE EMPLOYEE LEAVES THE EMPLOYMENT OF THE
EMPLOYER BEFORE THE EMPLOYEE HAS ACCRUED THE AMOUNT OF EARNED
SICK AND SAFE LEAVE THAT WAS USED.
(I)
3-1206.
(A)
AN
EMPLOYER SHALL ALLOW AN EMPLOYEE TO USE EARNED SICK
AND SAFE LEAVE:
(1)
TO CARE FOR OR TREAT THE EMPLOYEE'S MENTAL OR
PHYSICAL ILLNESS, INJURY, OR CONDITION;
TO OBTAIN PREVENTIVE MEDICAL CARE FOR THE EMPLOYEE
OR EMPLOYEE'S FAMILY MEMBER;
TO CARE FOR A FAMILY MEMBER WITH A MENTAL OR
PHYSICAL ILLNESS, INJURY, OR CONDITION;
IF THE EMPLOYER'S PLACE OF BUSINESS HAS CLOSED BY
ORDER OF A PUBLIC OFFICIAL DUE TO A PUBLIC HEALTH EMERGENCY;
(2)
(3)
(4)
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10
HOUSE BILL 968
IF THE SCHOOL OF OR CHILD CARE PROVIDER FOR THE
EMPLOYEE'S FAMILY MEMBER
HAS
CLOSED BY ORDER OF A PUBLIC OFFICIAL
DUE TO A PUBLIC HEALTH EMERGENCY;
TO CARE FOR A FAMILY MEMBER IF A HEALTH OFFICIAL OR
HEALTH CARE PROVIDER HAS DETERMINED THAT THE FAMILY MEMBER'S
PRESENCE IN THE COMMUNITY WOULD JEOPARDIZE THE HEALTH OF OTHERS
BECAUSE OF THE FAMILY MEMBER'S EXPOSURE TO A COMMUNICABLE DISEASE;
OR
(5)
(6)
(7)
IF:
(I)
THE ABSENCE FROM WORK IS NECESSARY DUE TO
DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST
THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER;
AND
(II)
THE LEAVE IS BEING USED:
BY THE EMPLOYEE
EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER:
1.
TO
OBTAIN
FOR
THE
MEDICAL ATTENTION THAT IS NEEDED TO
RECOVER FROM PHYSICAL OR PSYCHOLOGICAL INJURY OR DISABILITY THAT IS
CAUSED BY THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING;
SERVICES
FROM·
A
VICTIM
SERVICES
ORGANIZATION RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR
STALKING;
PSYCHOLOGICAL
OR
OTHER
COUNSELING
RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; OR
LEGAL SERVICES, INCLUDING PREPARING FOR OR
PARTICIPATING IN A CIVIL OR CRIMINAL PROCEEDING RELATED TO OR
RESULTING FROM THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING;
OR
DURING THE TIME THAT THE EMPLOYEE
HAS
TEMPORARILY RELOCATED DUE TO THE DOMESTIC VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
(B)
SHALL:
IN ORDER TO USE EARNED SICK
AND
SAFE LEAVE,
AN
EMPLOYEE
A.
B.
c.
D.
2.
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HOUSE BILL 968
11
(1)
REQUEST THE LEAVE FROM THE EMPLOYER AS SOON AS
PRACTICABLE AFTER THE EMPLOYEE DETERMINES THAT THE EMPLOYEE NEEDS
TO TAKE THE LEAVE;
(2)
THE LEAVE; AND
NOTIFY THE EMPLOYER OF THE ANTICIPATED DURATION OF
COMPLY WITH ANY REASONABLE PROCEDURES ESTABLISHED
BY THE EMPLOYER UNDER SUBSECTION (C) OF THIS SECTION.
(C)
(1)
SUBJECT TO PARAGRAPHS
(2)
AND
(3)
OF THIS SUBSECTION,
AN EMPLOYER MAY ESTABLISH REASONABLE PROCEDURES FOR AN EMPLOYEE
TO FOLLOW WHEN REQUESTING AND TAKING EARNED SICK AND SAFE LEAVE.
(3)
(2)
AN
EMPLOYER MAY NOT REQUIRE THAT AN EMPLOYEE WHO IS
REQUESTING EARNED SICK AND SAFE LEAVE SEARCH FOR OR FIND AN
INDIVIDUAL TO WORK IN THE EMPLOYEE'S STEAD DURING THE TIME THE
EMPLOYEE IS TAKING THE LEAVE.
(3)
AN
EMPLOYER MAY NOT REQUIRE AN EMPLOYEE TO:
(I)
DISCLOSE DETAILS OF:
1.
THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR
STALKING THAT WAS COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEE'S
FAMILY MEMBER; OR
THE MENTAL OR PHYSICAL
ILLNESS,
INJURY, OR
. CONDITION OF THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER; OR
(II) PROVIDE AS CERTIFICATION ANY INFORMATION THAT
WOULD VIOLATE THE FEDERAL SOCIAL SECURITY ACT OF
1939
OR THE
FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
(D)
(1)
INSTEAD OF TAKING EARNED SICK AND SAFE LEAVE UNDER
THIS SECTION, BY MUTUAL CONSENT OF THE EMPLOYER AND EMPLOYEE, AN
EMPLOYEE MAY WORK ADDITIONAL HOURS OR TRADE SHIFTS WITH ANOTHER
EMPLOYEE DURING A PAY PERIOD TO MAKE UP WORK HOURS THAT THE
EMPLOYEE TOOK OFF FOR WHICH THE EMPLOYEE COULD HAVE TAKEN EARNED
SICK AND SAFE LEAVE.
2.
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12
HOUSE BILL 968
(2)
AN
EMPLOYEE IS NOT REQUIRED TO OFFER OR TO ACCEPT AN
OFFER OF ADDITIONAL WORK HOURS OR A TRADE IN SHIFTS.
(E)
(1)
AN
EMPLOYEE MAY TAKE EARNED SICK AND SAFE LEAVE IN
THE SMALLEST INCREMENT THAT THE EMPLOYER'S PAYROLL SYSTEM USES TO
ACCOUNT FOR ABSENCES OR USE OF THE EMPLOYEE'S WORK TIME.
(2)
AN
EMPLOYEE MAY NOT BE REQUIRED TO TAKE EARNED SICK
AND SAFE LEAVE IN AN INCREMENT OF MORE THAN 1 HOUR.
(F)
WHEN WAGES ARE PAID TO AN EMPLOYEE, THE EMPLOYER SHALL
PROVIDE IN WRITING BY ANY REASONABLE METHOD A STATEMENT REGARDING
THE AMOUNT OF EARNED SICK AND SAFE LEAVE THAT IS AVAILABLE FOR USE BY
THE EMPLOYEE.
(G) .
(1)
SUBJECT TO PARAGRAPH
(3)
OF THIS SUBSECTION, AN
EMPLOYER MAY REQUIRE AN EMPLOYEE WHO USES EARNED SICK AND SAFE
LEAVE FOR MORE THAN 2 CONSECUTIVE SCHEDULED SHIFTS TO PROVIDE
REASONABLE DOCUMENTATION TO VERIFY THAT THE LEAVE WAS USED
APPROPRIATELY UNDER SUBSECTION (A) OF THIS SECTION.
(2)
REASONABLE DOCUMENTATION THAT MAY BE REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION INCLUDES:
FOR LEAVE USED UNDER SUBSECTION (A)(5) OF THIS
SECTION, THE NOTICE OF THE CLOSURE ORDER BY A PUBLIC OFFICIAL IN THE
FORM IN WHICH THE EMPLOYEE RECEIVED THE NOTICE;
(II) FOR LEAVE USED UNDER SUBSECTION (A)(l),
(3),
OR
(6)
OF THIS SECTION, DOCUMENTATION FROM THE HEALTH OFFICER OR HEALTH
CARE PROVIDER THAT THE USE OF EARNED SICK AND SAFE LEAVE IS
NECESSARY; AND
(III)
SECTION:
1.
A REPORT BY A LAW ENFORCEMENT OFFICER
INDICATING THAT THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER WAS A
VICTIM OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING;
DOCUMENTATION OF AN INDICTMENT FOR
DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST
THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER;
FOR LEAVE USED UNDER SUBSECTION (A)(7) OF THIS
(I)
2.
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HOUSE BILL 968
13
CERTIFICATION BY A STATE'S ATTORNEY'S
OFFICE, CHILD PROTECTIVE SERVICES, LAW ENFORCEMENT, THE VICTIM'S
ATTORNEY, OR THE VICTIM'S ADVOCATE THAT THE EMPLOYEE OR THE
EMPLOYEE'S FAMILY MEMBER IS A PARTY TO OR WITNESS IN A LEGAL ACTION
RELATED TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
COMMITTED AGAINST THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER;
A COURT ORDER PROTECTING THE EMPLOYEE OR
THE EMPLOYEE'S FAMILY MEMBER FROM THE PERPETRATOR OF THE DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST THE
EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER; OR
A NOTICE FROM A COURT, VICTIM'S ATTORNEY,
OR STATE'S ATTORNEY'S OFFICE THAT THE EMPLOYEE OR EMPLOYEE'S FAMILY
MEMBER APPEARED, OR IS SCHEDULED TO APPEAR, IN COURT IN CONNECTION
WITH THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING COMMITTED
AGAINST THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER.
3.
4.
5.
(3)
AN
EMPLOYER MAY NOT REQUIRE THAT:
(I)
THE DOCUMENTATION USED FOR VERIFYING THE USE
OF THE EARNED SICK AND SAFE LEAVE UNDER SUBSECTION (A)(l),
(3),
OR
(6)
OF THIS SECTION EXPLAIN THE NATURE OF THE MENTAL OR PHYSICAL ILLNESS,
INJURY, OR CONDITION; OR
(II) THE DOCUMENTATION USED FOR VERIFYING THE USE
OF THE EARNED SICK AND SAFE LEAVE UNDER SUBSECTION (A)(7) OF THIS
SECTION INCLUDE DETAILS REGARDING THE DOMESTIC VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
(4)
(I)
IF DOCUMENTATION REQUIRED UNDER PARAGRAPH
(1)
OF THIS SUBSECTION RELATES TO MENTAL OR PHYSICAL HEALTH OF AN
EMPLOYEE, OR IS DOCUMENTATION RELATING TO DOMESTIC VIOLENCE,
SEXUAL ASSAULT, OR STALKING COMMITTED AGAINST AN EMPLOYEE OR THE
EMPLOYEE'S FAMILY MEMBER, THE EMPLOYER SHALL MAINTAIN THE
DOCUMENTATION IN A CONFIDENTIAL FILE THAT IS SEPARATE FROM THE
EMPLOYEE'S PERSONNEL FILE.
(II)
AN
EMPLOYER
MAY
NOT
DISCLOSE
THE
DOCUMENTATION MAINTAINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH
UNLESS THE DISCLOSURE IS MADE TO THE EMPLOYEE OR WITH THE
PERMISSION OF THE EMPLOYEE.
So
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14
HOUSE BILL
968
3-1207.
(A)
AN
EMPLOYER SHALL NOTIFY THE EMPLOYER'S EMPLOYEES THAT
THE EMPLOYEES ARE ENTITLED TO EARNED SICK AND SAFE LEAVE UNDER THIS
SUBTITLE.
(B)
THE NOTICE PROVIDED UNDER SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE:
(1)
A STATEMENT OF HOW EARNED SICK AND SAFE LEAVE IS
ACCRUED UNDER
§
3-1205 OF THIS SUBTITLE;
(2)
THE PURPOSES FOR WHICH THE EMPLOYER IS REQUIRED TO
ALLOW AN EMPLOYEE TO USE EARNED SICK AND SAFE LEAVE UNDER
§
3-1206
OF THIS SUBTITLE;
(3)
A STATEMENT REGARDING THE PROHIBITION IN
§
3-1210 OF
THIS SUBTITLE OF THE EMPLOYER TAKING ADVERSE ACTION AGAINST AN
EMPLOYEE WHO EXERCISES A RIGHT UNDER THIS SUBTITLE; AND
(4)
INFORMATION REGARDING THE RIGHT OF AN EMPLOYEE TO
REPORT AN ALLEGED VIOLATION OF THIS SUBTITLE BY THE EMPLOYER TO THE
COMMISSIONER OR BRING A CML ACTION UNDER
§
3-1209(B) OF THIS
SUBTITLE.
(C)
(1)
THE COMMISSIONER SHALL CREATE AND MAKE AVAILABLE A
POSTER AND A MODEL NOTICE THAT MAY BE USED BY AN EMPLOYER TO COMPLY
WITH SUBSECTION (A) OF THIS SECTION.
(2)
THE MODEL NOTICE CREATED UNDER PARAGRAPH (1) OF
THIS SUBSECTION SHALL BE PRINTED IN ENGLISH, SPANISH, AND ANY OTHER
LANGUAGE THAT THE COMMISSIONER DETERMINES IS NEEDED TO NOTIFY
EMPLOYEES OF THE EMPLOYEES' RIGHTS UNDER THIS SUBTITLE.
(D)
AN
EMPLOYER MAY COMPLY WITH SUBSECTION (A) OF THIS
SECTION BY:
(1)
DISPLAYING THE POSTER CREATED BY THE COMMISSIONER
UNDER SUBSECTION (C) OF THIS SECTION IN A CONSPICUOUS AND ACCESSIBLE
AREA AT THE LOCATION IN WHICH THE EMPLOYEES WORK;
57
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HOUSE BILL 968
15
INCLUDING THE NOTICE CREATED BY THE COMMISSIONER
UNDER SUBSECTION (C) OF THIS SECTION IN AN EMPLOYEE HANDBOOK OR
OTHER WRITTEN GIDDANCE TO EMPLOYEES CONCERNING EMPLOYEE BENEFITS
OR LEAVE PROVIDED BY THE EMPLOYER; OR
DISTRIBUTING THE NOTICE CREATED BY THE COMMISSIONER
UNDER SUBSECTION (C) OF THIS SECTION TO EACH EMPLOYEE WHEN THE
EMPLOYEE IS HIRED.
(E)
IF AN EMPLOYER DECIDES NOT TO USE THE MODEL NOTICE
CREATED BY THE COMMISSIONER UNDER SUBSECTION (C) OF THIS SECTION,
THE NOTICE PROVIDED BY THE EMPLOYER SHALL CONTAIN THE SAME
INFORMATION THAT IS INCLUDED IN THE MODEL NOTICE.
(F)
THE NOTICE MAY BE DISTRIBUTED ELECTRONICALLY BY THE
EMPLOYER TO THE EMPLOYER'S EMPLOYEES.
'(G)
AN
EMPLOYER WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL
PENALTY NOT EXCEEDING
$125
FOR THE FIRST VIOLATION AND
$250
FOR EACH
SUBSEQUENT VIOLATION.
(2)
(3)
3-1208.
(A)
OF:
(1)
AN
EMPLOYER SHALL KEEP FOR AT LEAST
3
YEARS A RECORD
(I)
EMPLOYEE; AND
(II)
EMPLOYEE.
EARNED SICK AND SAFE LEAVE ACCRUED BY EACH
EARNED
SICK AND
SAFE
LEAVE
USED
BY EACH
(2)
AN
EMPLOYER MAY KEEP THE RECORD IN THE SAME MANNER
THAT THE EMPLOYER KEEPS OTHER RECORDS REQUIRED TO BE KEPT UNDER
THIS TITLE.
(B)
AFTER GMNG THE EMPLOYER NOTICE AND DETERMINING A
MUTUALLY AGREEABLE TIME FOR THE INSPECTION, THE COMMISSIONER MAY
INSPECT A RECORD KEPT UNDER SUBSECTION (A) OF THIS SECTION FOR THE
PURPOSE OF DETERMINING WHETHER THE EMPLOYER IS COMPLYING WITH THE
PROVISIONS OF THIS SUBTITLE.
@
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16
HOUSE BILL 968
(1)
THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER
(C)
HAS VIOLATED THE PROVISIONS OF THIS SUBTITLE IF:
(I)
THERE IS AN ALLEGATION THAT THE EMPLOYER HAS
FAILED TO ACCRUE ACCURATELY THE AMOUNT OF EARNED SICK AND SAFE
LEAVE AVAILABLE TO AN EMPLOYEE; AND
(II)
THE EMPLOYER FAILS TO:
KEEP A
SUBSECTION (A) OF THIS SECTION; OR
1.
RECORD
AS
. REQUIRED
UNDER
ALLOW THE COMMISSIONER
RECORD KEPT UNDER SUBSECTION (A) OF THIS SECTION.
2.
TO
INSPECT
A
(2)
THE REBUTTABLE PRESUMPTION IN PARAGRAPH
(1)
OF THIS
SUBSECTION MAY BE OVERCOME ONLY BY CLEAR AND CONVINCING EVIDENCE.
3-1209.
(A)
WHENEVER THE COMMISSIONER DETERMINES THAT THIS SUBTITLE
HAS BEEN VIOLATED, THE COMMISSIONER:
(1)
MAY TRY TO RESOLVE ANY ISSUE INVOLVED IN THE
VIOLATION INFORMALLY BY MEDIATION;
WITH THE WRITTEN CONSENT OF THE EMPLOYEE, MAY ASK
THE ATTORNEY GENERAL TO BRING AN ACTION IN ACCORDANCE WITH THIS
SECTION ON BEHALF OF THE EMPLOYEE; AND
MAY BRING AN ACTION ON BEHALF OF AN EMPLOYEE IN THE
COUNTY WHERE THE VIOLATION ALLEGEDLY OCCURRED.
(B)
(1)
AN
EMPLOYEE MAY BRING A CIVIL ACTION IN A COURT OF
COMPETENT JURISDICTION AGAINST THE EMPLOYER FOR A VIOLATION OF THIS
SUBTITLE.
(2)
(3)
(2)
AN
ACTION MAY BE BROUGHT UNDER PARAGRAPH (1) OF THIS
SUBSECTION WHETHER OR NOT THE EMPLOYEE FIRST FILED A COMPLAINT
WITH THE COMMISSIONER.
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HOUSE BILL 968
17
AN
ACTION BROUGHT UNDER SUBSECTION (A) OR (B) OF THIS
(C)
SECTION SHALL BE FILED WITHIN 3 YEARS AFTER THE OCCURRENCE OF THE
ACT ON WHICH THE ACTION IS BASED.
(D)
(1)
IF, IN AN ACTION UNDER SUBSECTION (A) OR (B) OF THIS
SECTION, A COURT FINDS THAT AN EMPLOYER VIOLATED THIS SUBTITLE, THE
COURT MAY AWARD THE EMPLOYEE:
(I)
THE FULL MONETARY VALUE OF ANY UNPAID EARNED
SICK AND SAFE LEAVE;
(II) ACTUAL ECONOMIC DAMAGES SUFFERED BY THE
EMPLOYEE AS THE RESULT OF THE EMPLOYER'S VIOLATION OF THIS SUBTITLE;
(III) AN ADDITIONAL AMOUNT NOT EXCEEDING
3
TIMES THE
DAMAGES AWARDED UNDER ITEM (II) OF THIS PARAGRAPH;
(IV)
REASONABLE COUNSEL FEES AND OTHER COSTS; AND
OTHER
RELIEF
THAT
THE
COURT
DEEMS
ANY
(V)
APPROPRIATE, INCLUDING:
1.
2.
REINSTATEMENT TO EMPLOYMENT;
BACK PAY; AND
INJUNCTIVE RELIEF.
3.
(2)
IF BENEFITS OF AN EMPLOYEE ARE RECOVERED UNDER THIS
SECTION, THEY SHALL BE PAID TO THE EMPLOYEE WITHOUT COST TO THE
EMPLOYEE.
IF THE ACTION UNDER SUBSECTION (A)(2) OF THIS SECTION
WAS BROUGHT BY THE ATTORNEY GENERAL, THE COURT MAY AWARD A FINEOF
$1,000 PER VIOLATION TO THE STATE.
3-1210.
(A)
IN THIS SECTION, "ADVERSE ACTION" INCLUDES:
(1)
(2)
DISCHARGE;
DEMOTION;
(3)
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18
HOUSE BILL
968
(3)
THREATENING
DEMOTION; AND
THE
EMPLOYEE
WITH
DISCHARGE
OR
ANY OTHER RETALIATORY ACTION THAT RESULTS IN A
CHANGE TO THE TERMS OR CONDITIONS OF EMPLOYMENT THAT WOULD
DISSUADE A REASONABLE EMPLOYEE FROM EXERCISING A RIGHT UNDER THIS
SUBTITLE.
(B)
A
PERSON MAY NOT INTERFERE WITH THE EXERCISE OF, OR THE
ATTEMPT TO EXERCISE, ANY RIGHT GIVEN UNDER THIS SUBTITLE.
(C)
(1)
(4)
AN
EMPLOYER MAY NOT:
(I)
TAKE ADVERSE ACTION OR DISCRIMINATE AGAINST AN
EMPLOYEE BECAUSE THE EMPLOYEE EXERCISED IN GOOD FAITH THE RIGHTS
PROTECTED UNDER THIS SUBTITLE; OR
(II) COUNT EARNED SICK AND SAFE LEAVE THAT AN
EMPLOYEE TOOK IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE AS
AN ABSENCE THAT MAY LEAD TO OR RESULT IN ANY ADVERSE ACTION TAKEN
AGAINST THE EMPLOYEE.
(2)
THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER
HAS VIOLATED THIS SUBSECTION IF THE EMPLOYER TOOK ADVERSE ACTION
AGAINST AN EMPLOYEE WITHIN 90 DAYS AFTER THE EMPLOYEE:
(I)
FILES A COMPLAINT WITH THE COMMISSIONER
ALLEGING A VIOLATION OF THIS SUBTITLE OR BRINGS A CIVIL ACTION UNDER
§
3-1209(B) OF THIS SUBTITLE;
(II) INFORMS A PERSON ABOUT AN ALLEGED VIOLATION OF
THIS SUBTITLE BY THE EMPLOYER;
(III) COOPERATES WITH THE COMMISSIONER OR ANOTHER
PERSON IN THE INVESTIGATION OR PROSECUTION OF AN ALLEGED VIOLATION
OF THIS SUBTITLE BY THE EMPLOYER; OR
(IV) OPPOSES A POLICY OR PRACTICE OF THE EMPLOYER OR
AN ACT COMMITTED BY THE EMPLOYER THAT IS UNLAWFUL UNDER THIS
SUBTITLE.
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HOUSE BILL 968
19
(D) THE PROTECTIONS AFFORDED UNDER THIS SUBTITLE SHALL APPLY
TO AN EMPLOYEE WHO MISTAKENLY, BUT IN GOOD FAITH, ALLEGES A
VIOLATION OF THIS SUBTITLE.
3-1211.
(A)
AN
EMPLOYEE, IN BAD FAITH, MAY NOT:
(1)
FILE A COMPLAINT WITH THE COMMISSIONER ALLEGING A
VIOLATION OF THIS SUBTITLE;
(2)
(3)
BRING AN ACTION UNDER
§
3-1209
OF THIS SUBTITLE; OR
TESTIFY IN AN ACTION UNDER
§
3-1209
OF THIS SUBTITLE.
(B)
AN
EMPLOYEE WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING
$1,000.
3-1212.
THIS SUBTITLE MAY BE CITED AS THE
SAFE LEAVE
ACT.
MARYLAND
EARNED SICK AND
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2014.