Agenda Item SA
November 1,2016
Action
MEMORANDUM
October 28, 2016
TO:
County Council
FROM:
SUBJECT:
Josh Hamlin, Legislative
Attome~
Enact Bill 32-16 with
\
Action:
Bill 32-16, Human Rights and Civil Liberties - Earned Sick and Safe
Leave - Use of Earned Sick and Safe Leave - Parental Leave
Health and Human Services Committee recommendation (2-0):
amendment
Bill 32-16, Human Rights and Civil Liberties - Earned Sick and Safe Leave - Use of
Earned Sick and Safe Leave - Parental Leave, sponsored by Lead Sponsor Councilmember Hucker
and Co-sponsors Council Vice President Berliner and Councilmembers Katz, Navarro and Eirich,
was introduced on August 2, 2016. A public hearing was held on September 20, and the Health
and Human Services (HHS) Committee held a worksession on the Bill on October 17.
Bill 32-16 would amend the County's Earned Sick and Safe Leave Law to provide that
certain employees may use earned sick and safe leave for parental purposes, which is not currently
expressly permitted.
Background
Bill 60-14, Human Rights and Civil Liberties - Earned Sick and Safe Leave, enacted on
June 23, 2015 and signed into law on July 2, 2015, requires an employer doing business in the
County to provide a minimum amount of earned sick and safe leave for an employee who works
in the County. Bill 60-14 was enacted with a delayed effective date of October 1,2016 to give
employers time to adapt their payroll systems to the new law. Up to and since the October 1
effective date, the County Office of Human Rights has been meeting with County businesses over
the past year to explain the new law and answer questions.
Under the provisions of the new law, an employee may use earned sick and safe leave for
several enumerated purposes. Bill 32-16 will add two related purposes for which use of sick and
safe leave will be pennitted. The Bill would pennit the use of sick and safe leave:
(1)
for the birth
of a child, or for the placement of a child with the employee for adoption or foster care; and (2) to
care for a newborn, newly adopted, or newly placed child within one year of birth, adoption, or
placement.
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Public Hearing
A public hearing on the Bill was held on September 20, at which there were seven speakers,
all of whom spoke in favor of the Bill. Laura Wallace of Jews United for Justice noted that while
the Bill is not "a robust paid family and medical leave program," it would be "a lifeline to many,
primarily low-wage workers, in our County." (©ll) Both the Public Justice Center, NARAL Pro­
Choice Maryland, and MomsRising.org all stressed the importance of parental leave and
characterized the Bill as clarifying and defining appropriate uses ofthe Sick and Safe Leave earned
under existing County law (see ©12-13, ©14-15, and ©16). Montgomery County Education
Association President Christopher Lloyd referred to the Bill as "a step in the right direction." (©17)
Discussion
Employees have leave rights and protections under federal, State, and now County law,
and there is some overlap among these provisions. A summary ofthe related provisions at different
levels of government is useful in understand the actual effect of the changes proposed in Bill 32­
16.
Federal law - Family and Medical Leave Act
The federal Family and Medical Leave Act (FMLA) entitles eligible employees who work
for covered employers to take
unpaid,
job-protected leave for specified family and medical
reasons. Eligible employees may take up to 12 workweeks of leave during any 12-month period
for certain family and medical reasons. These reasons include, among others, use of leave for the
birth and care of the newborn child ofan employee, or for placement with the employee ofa child
for adoption or foster care.
An
employee is an "eligible employee" if the employee has worked for
their employer at least 12 months, at least 1,250 hours over the past 12 months, and works at a
location where the company employs 50 or more employees within 75 miles.
Under regulations adopted pursuant to the FMLA,
l
an eligible employee may choose to
substitute accrued paid leave for FMLA leave. The employee's ability to substitute accrued paid
leave is determined by the terms and conditions of the employer's normal leave policy, such as
submitting a leave form or providing advance notice. If the employee does not comply with the
requirements of the employer's paid leave policy, then the employee may be forbidden from
substituting accrued paid leave, but this does not change the employee's entitlement to take FMLA.
State law - Maryland Parental Leave Act
The Maryland Parental Leave Act (PLA) is similar to the FMLA, but applies to smaller
employers (15-49 employees) and is limited to "parental" leave. The PLA guarantees eligible
employees 6 workweeks of unpaid parental leave during any 12-month period for the birth of the
employee's child or the placement of a child with the employee for adoption or foster care.
An
"eligible employee" under the PLA is quite similar to that under the FMLA, other than the size of
the employer.2 The PLA also has a provision allowing an employee to substitute paid leave for the
129 CFR 825.207 - Substitution of paid leave.
2
Under MD Code, Labor and Employment, § 3-1201, "eligible employee" means an individual who has requested
that an employer provide parental leave and who, as of the date that the requested parental leave begins, will have
2
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unpaid leave guaranteed by the law. If an employer provides paid leave to an eligible employee,
the employer may require the eligible employee, or the eligible employee may elect, to substitute
the paid leave for any part of or all of the period of parental leave.
County Sick and Safe Leave law
As mentioned above, the County's Sick and Safe Leave Law, effective October 1,2016,
requires an employer doing business in the County to provide a minimum amount of earned sick
and safe leave for an employee who works in the County. The County's definition of an employee
eligible to earn and use this leave is much broader than the federal and State laws.
In
particular, County Code Section 27-79(a) sets forth the permissible uses of earned sick
and safe leave. These uses are all related to either mental or physical health issues or domestic
violence, sexual assault, or stalking. Under County law, an employee, which is broadly defmed,
may use the leave:
(1)
to care for or treat the employee's mental or physical illness, injury, or
condition; (2) to obtain preventive medical care for the employee or the employee's family
member; (3) to care for a family member with a mental or physical illness, injury, or condition;
(4) if the employer's place of business has closed by order ofa public official due to a public health
emergency; (5) if the school or child care center for the employee's family member is closed by
order of a public official due to a public health emergency; (6) 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
(7)
in certain circumstances if the absence from work is due to domestic
violence, sexual assault, or stalking committed against the employee or the employee's family
member.
Effect of the Bill
Due to the employer size and duration ofemployment requirements ofthe FMLA and PLA,
there are some "employees" under County law who would not be able to substitute paid leave,
such as County earned sick and safe leave, under the provisions of those laws. Also, because the
PLA covers the birth or placement, but not "care" (as
is
covered by the FMLA) of a child,
employees eligible under the PLA but not FMLA
(i.
e.,
employees of employers with 15-49
employees) are not assured ofthe ability to use paid leave for the care oflbonding with a new child
for the first year. Bill 32-16 closes these gaps.
Also, while it is likely that the birth of a child would likely fall within the existing
permissible uses of County sick and safe leave, placement for adoption or foster care would not,
as there is not the requisite "mental or physical illness, injury, or condition" or medical necessity.
Similarly, there is nothing in the County law that requires an employer to allow a new parent to
use sick and safe leave to spend time with a
healthy
child during the child's first year with the
family. The provision proposed at lines 21-22 ofthe.Bill, "to care for a newborn, newly adopted,
or newly placed child within one year of birth, adoption, or placement," would make this possible.
been employed by that employer for at least:
(i)
a 12-month period; and
(ii)
1,250 hours during the previous 12 months.
"Eligible employee" does not include an individual:
(i)
who is employed at a work site at which the employer employs
fewer than 15 employees if the total number of employees employed by that employer within 75 miles of the work
site is also fewer than 15; or
(ii)
who is an independent contractor.
3
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Thus, the provisions of Bill 32-16 both clarify and expand permissible uses of County sick and
safe leave without requiring employers to provide any additional paid leave. They also ensure that
a broader range of employees than those already protected by the FMLA and PLA are able to use
paid leave for these purposes.
Finally, while Bill 32-16 is more than "clarifying" as it was characterized at the public
hearing,
it
would not require employers to provide any additional leave beyond what the law now
requires.
It
would not have a fiscal impact on the County (see ©S-8). As such, it represents a
recognition of the benefits of parental leave for all workers, and extends the existing benefit from
the County's Earned Sick and Safe Leave law to this use.
Effective Date
Bill 32-16 was drafted to take effect on October 1,2016 to coincide with the effective date
of the Earned Sick and Safe Leave law. Since that date has passed, and employees are already
accruing leave under the law, staff recommended amending the Bill to make it an expedited bill,
effective on the date that it becomes law.
Committee recommendation (2-0):
change the Bill to an expedited bill, and amend lines
40-41
to read:
Sec. 2. Expedited Effective date.
[[This Act takes effect on October 1, 2016.]] The Council declares that this
legislation is necessary for the immediate protection of the public interest. This Act
takes effect on the date on which it becomes law.
HHS Committee recommendation (2-0):
Enact Bi1132-16 as amended.
1bis packet contains:
Bill 32-16
Legislative Request Report
Fiscal and Economic Impact statement
Public Hearing testimony
Jews United for Justice
Public Justice Center
NARAL Pro-Choice Maryland
MomsRising.org
MCEA
F:\LAW\BILLS\1632 Human Rights And Civil Liberties-Parental Leave\Action Memo.Docx
Circle #
1
4
5
11
12
14
16
17
4
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Expedited Bill No.
~32=--..!.:16~
_ _ _ __
Conceming: Human Rights and Civil
Liberties - Eamed Sick and Safe
Leave - Use of Earned Sick and Safe
Leave - Parental Leave
Draft No. 3
Revised: August 2. 2016
Introduced:
August 2.2016
Expires:
February 2.2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
.,....!-'.No~n.!.>:e'___
_ _ _ _ __
ChI _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR
MONTGOMERY COUNTY,
MARYLAND
Lead Sponsor: Councilmember Hucker
Co-Sponsors: Vice President Berliner and
Coun~ilmembers
Katz, Navarro and EIrich
AN EXPEDITED ACT
to:
(1) provide that certain employees may use earned sick and safe leave for parental
purposes; and
(2) generally regulate the eligibility for 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
Article XIII, Earned Sick and Safe leave
Section 27-79
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[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 Wlaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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EXPEDITED BILL
No. 32-16
1
Sec.
1.
Section 27-79 is amended as follows:
27-79.
Use of Earned Sick and Safe Leave.
2
3
4
(a)
An
employee may use earned sick and safe leave:
(I) to care for or treat the employee's mental or physical illness, injury,
or condition;
(2) to obtain preventive medical care for the employee or the
employee's family member;
(3) to care for a family member with a mental or physical illness,
injury, or condition;
(4)
if the employer's place ofbusiness has closed by order of a public
official due to a public health emergency;
(5)
ifthe school or child care center for the employee's family member
is closed by order of a public official due to
a
public health
emergency;
(6) 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]
(7) for the birth of
~
child, or for the placement of
~
child with the
employee for adoption or foster care;
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
00
{2)
to care for
~
newborn, newly adopted, or newly placed child within
one year ofbirth, adoption, or placement; or
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:
(A) by the employee to obtain for the employee or the
employee's family;
22
23
24
25
26
27
o
~iIIs\1632
human rights and civilliberties-parentalleave\bill3.docx
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ExPEDITED BILL
No.
32-16
28
29
(i)
medical attention needed to recover from a physical
or psychological injury due to domestic violence,
sexual assault, or stalking;
30
31
32
33
34
35
36
37
(ii)
services from a victim services organization related
to the domestic violence, sexual assault, or stalking;
or
(iii)
legal
servIces,
including
prepanng
for
or
participating in a civil or criminal proceeding related
to the domestic violence, sexual assault, or stalking;
or
(B)
during the time that the employee has temporarily relocated
due to the domestic violence, sexual assault, or stalking.
38
39
40
41
42
43
Sec. 2. Expedited Effective date.
[[This Act takes effect on October 1, 2016.]] The Council declares that this
legislation is necessary for the immediate protection of the public interest. This Act
takes effect on the date on which it becomes law.
Approved:
44
45
Nancy Floreen, President, County Council
Date
46
Approved:
47
Isiah Leggett, County Executive
Date
48
This is a correct copy o/Council action.
49
Linda M. Lauer, Clerk ofthe Council
Date
GJ
~iIIS\1632
human rights and civil liberties-parental leave\bill3.docx
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LEGISLATIVE REQUEST REPORT
Bill 32-16
Human Rights and Civil Liberties
-
Earned Sick and Safe Leave
-
Use ofEarned Sick and Safe Leave ­
Parental Leave
DESCRIPTION:
The Bill would permit the use of sick and safe leave for:
(1)
for the
birth of a child, or for the placement of a child with the employee for
adoption or foster care; and (2) to care for a newborn, newly adopted,
or newly placed child within one year of birth, adoption, or placement.
The earned sick and safe leave permits an employee to use the leave
for several purposes, but does not expressly permit its use for parental
purposes.
Permit employees who are new parents, either through birth or
placement for foster care or adoption, to use earned sick and safe leave
for the birth or placement of a new child, and to bond with the child
during the first year after the child's birth, adoption, or placement.
Office of Human Rights
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
None.
F:\LAW\BILLS\1632 Human Rights And Civil Liberties-Parental Leave\LRR.Docx
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ROCKVILLE, MARYLAND
MEMORANDUM
September 16,2016
TO:
FROM:
SUBJECT:
Jennifer A. Hu
Alexandre A.
ctor, Office of Management and Budget
it-ector, Department of Finance
FEIS for Council BiII 32-16 Human Rights and Civil Liberties-Earned Sick and
Safe Leave - Use of Earned Sick and Safe Leave - Parental Leave
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:mc
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive,
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Alexandre
A.
Espinosa, Director, Department ofFinance
Marc
Hansen, County Attorney
James Stowe, Director, Office ofHuman Rights
Karen Plucinski, Office of Human Resources
Lori O'Brien, Office ofHuman Resources
Joluma DeVaul, Office of Human Resources
Stuart Weisberg, Office of Human Resources
Corey Orlosky, Office ofManagement and Budget
Naeem
Mia,
Office ofManagement and Budget
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Fiscal Impact Statement
Council
Bill 32-16
Human Rights and Civil Liberties-Earned Sick and Safe Leave - Use of
Earned Sick and
.safeLeav~~
Varental.Leave
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1.
Legislative
~ummary.
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Bill
32-16 amends the Earned Sick and Safe Leave provisions from
Bill
60-14 passed in
May 2016 to provide certain efuployees use of earned sick and safe leave for parental
purposes; and generally regulate the eligibility for sick and safe leave benefits provided
to an employee working in the. County for certain employers.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed
in
the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
Regular (Non-Probationary) .County Employees: As noted in the fiscal impact
statement for
Bill
60-14, Human Rights arul.Civil Liberties - Earned Sick and Safe
Leave, regular County employees have many different fonns ofleave available to them
as indicated
in
Montgomery County
Perso~el
Regulations Sections 16 through 25. The
County's sick leave benefit for regular
employe~
accrues at a faster rate than that
available under the sick and safe leave provisions. With the passage of Bill 60-14, it was
assumed that total leave accul1lJ.llations would Rot-change due to the legislation. The
original legislation
establi~h~4'iJ ny')N.';oa~ygO\'Yl~ne~ye'-';'.~@.fe
leave. Bill 32-16
establishes that earned
si~~ .ap,~fl~e;le~v:.~ p0311d.:1?,'e.:.V~ed
[pro two additional purposes: for
~e
birth,
~option,
or
f~~t~~ pl~~~t1I~nt
of
a~child~
to
ca~e
for a child within one year of
birth, adoptlOn, or foster'placeMent. Assummg B1I132-l6 mtends that the current County
parental leave policies for reguftlr employees apply (eligibility, amount, use, limits,
administmtion), there is no add)tional cost to the County for regular employees,
or
,r
Temporary County Employees: the effect of sick and safe leave for temporary
employees is the availability
of
up to 56 hours of earned leave per calendar year, with a
maximum of 80 hours use per calendar year, for all purposes. This fiscal impact
statement assumes that no chan'ge in the benefit by the additional use of sick and safe
leave for the birth, adoption, orSoster placement of a child or to care for a child within
one year of birth, adoption, or foster placement. Estimated 6-year costs for temporary
employees is detailed in the fiscal impact statement for Council Bill 60-14,
3.
Revenue and expenditure estimates covering at least the next
6
fiscal years.
See
#2
4.
An estimate of expenditures r,elated to County's information technology
(IT)
N
systems, including
Ent.erpris~t.;Re~~~r~~J~IJ!~~qg;I.(E~.), ~stems.
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5. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable
..
6. Later aetions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
An action that may affect future revenues and expep.ditures is increased utilization of
temporary employees. However, the bill does not BJ:lthorize future spending.
7. An estimate of the
st~ff
time,
nee~~~ ,t~ ~~p.~.~P;l~~~~P.;a~ ,~.iII.
Not applicable.
8. An explanation of how the addition of new staff responsibilities would affect other
duties.
In
the Fiscal Impact Statement for 60-14, the Office of Human Rights
(HRC)
identified
the possibility of an increase in the number of complaints. To the extent this bill would .
increase that number of complaints,
HRe will
utilize existing staff to absorb the
additional workload.
9. An estimate of costs when an additional appropriation is needed.
It
is estimated that no additional appropriation is necessary to implement this bill.
10. A description of any variable that could affect revenue and cost estimates.
Variables that could affect revenue and cost
estimat~s
are:
• Any substantive changes to the rate of use of parental leave by regular (non­
probationary) employees;
.
• An increased utilization <:>ftemporary
~mploy'ees,
or
• Ifthe volume of complaints .relate,d to this pollcy. increases over time, additional
HRC and EEO
resol.lice~ m~y
be reqilitect.:,.:,. ,
11. Ranges of revenue or expenditures that are uncertain or difficult to project
See #10
12.
If
a biD is likely to have no fiscal impact, why tbat is the case.
Not applicable
13. Other fiscal impacts or comments.
Not applicable
.,
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14. The following contributed to:.nd concurred with this analysis:
:
..
.
James Stowe, Director, Office/bfHuman Rights
Karen Plucinski, Office of Human Resources
Lori
O'Brien, Office
ofHuman
Resources
Johnna DeVaul, Office
of Human
Resources
Stuart Weisberg, Office
of Hufuan
Resources
Corey Orlosky, Office of Management and Budget
Marc Hansen, County Attorney
Date
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Economic Impact Statement
BiJl32-16, Human Rights and CiviJ Liberties - Earned Sick and Safe Leave - Use of
. Earned Sick and Safe Leave - Parental Leave
Background:
Bill 60-14, Human Rights and Civil Liberties Earned Sick and Safe Leave requires an
employer doing business in the County to provide a minimum amount ofearned sick and
safe leave for an employee who works in the County. Under the provisions ofthe law, an
employee may use earned sick and safe leave for several enumerated purposes. Bill 32­
16 will add two related purposes for which use ofsick and safe leave will be pennitted.
The bill would permit the use of sick and safe leave: (1) for the birth ofa child, or for the
placement of a child with the employee for adoption or foster care; and (2)
to
care for a
newborn, newly adopted, or newly placed child within one year of birth, adoption, or
placement.
1. The sources of information, assumptions, and methodologies used.
• Montgomery County Office of Human Rights
• Bureau of Labor Statistics, U.S. Department of Labor, Quarterly Census of
Employment and Wages (QCEW)
• Maryland Department of Labor, Licensing and Regulation (DLLR)
• Institute for Women's Policy Research (lWPR)
• U.S. Census Bureau
Because there are no specific data for Montgomery County that show the percent of small
private-sector businesses providing paid sick leave, Finance used national data to'
estimate the number of employees inthe County without paid sick leave in fonnulating
the economic impact for Bill 60-14. Using two separate methodologies, Finance
estimated that approximately 91,051 employees in Montgomery County do not have paid
sick leave. Assuming an employer pays the minimum wage ($10.75 hourly) for each
hour of sick leave and 56 hours of maximum sick leave per calendar year, Finance
estimated a maximum annual cost of $602 per employee. Based on that estimate and the
number of employees without paid sick leave, the total cost to small private-sector
businesses is approximately
$54.8
million
per
year.
According to U.S. Census Bureau data, the birth rate for Montgomery County in 2016 is
5.4% which is the second most ofall counties in the area. Adoption statistics for the
County are not tracked and statistics nationally are diminutive enough to be negligible in
the calculations relevant to this legislation. Applying the same methodology used for Bill
60-14 to estimate the costs to small private-sector businesses, the addition ofpennitted
Sick and Safe Leave for the birth or adoption ofa child would be approximately 5.4% of
the current estimate of $54.8 million or $2.96 million per year in allowable costs for
pennitted leave under Bill 32-16.
2. A description of any variable that could affect the economic impact estimates.
The variables that could affect the economic impact estimates are the number of
employees eligible for paid sick leave, the number ofeligible hours per calendar year
Page 1 of2
(j)
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Economic Impact Statement
Bill
32-16, Human Rights and Civil Liberties - Earned Sick and Safe Leave - Use of
Earned Sick and Safe Leave - Parental Leave
(the EIS assumes the maximum of S6 hours), applicable birth and adoption rates for
the County, and the actual wage earnings by employees. Given that birth and
adoption rates tend to
be
static year-over-year, totals are not estimated to deviate
greatly for these variables.
3. The
Bill's
positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
The same logic that applied to Bill 60-14 is relevant in the estimated effects for Bill
32-16. Based on the assumptions and calculations, Bill 32-16 could have a negative
economic impact on business income but a positive economic impact on employee's
personal income specifically income from wages. However, the impact estimated
in
paragraph #1 is based on the assumption that Bi1l32-16 will have no effect on
employment levels or a reduction in hours worked in small private-sector businesses
and that such businesses do not pass those additional labor costs to the consumers in
Montgomery County. Ifbusinesses elect to reduce employment and/or pass those
additional costs to the consumer, such decisions would have a negative economic
impact on the County.
4. H
a Bill is likely to have no economic impact, why is that the case?
This legislation will have an economic impact. See paragraph #3
5. The following contributed to or concurred with this analysis: David Platt, Dennis
Hetman, and Robert Hagedoom, Finance.
AI
exan re . spmosa, rrector
Department of Finance
d~
Page 2 of2
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/3
JEWS UNITED
FORJUSTICE
Testimony in Support of Bill 32-16
September 20, 2016
Laura Wallace
Jews United for Justice
9908 Shrewsbury Court
Montgomery Village, MD 20886
My name is Laura Wallace. I am the Montgomery County organizer for Jews United for Justice and a
District 2 resident. JUFJ is a volunteer driven organization that leads Jews from Montgomery County, as
well as in DC and Baltimore, to act on our shared Jewish values through grassroots civic engagement.
I want to start by thanking Councilmember Leventhal for your vision and hard work last year that led to
passage of one of the strongest earned sick leave bills in the country. I also thank Councilmember
Navarro for your leadership and to the whole Council for your unanimous support.
We believe Bill 32-16 will strengthen this legislation even further, and we thank Councilmember Hucker
for introducing this legislation, which JUFJ supports.
The U.S. is the only industrialized nation not to mandate paid leave for mothers of newborns. While we
are working hard to change that on both a national and local level, we know that in the meantime many
new parents do not receive any paid time off.
While Bill 32-16 by no means approaches a robust paid family and medical leave program-which we
look forward to working with Council to create-we know that in the meantime this legislation will be a
lifeline to many, primarily low-wage workers, in our County.
In the course of JUFJ's work to pass paid family and medical leave in D.C. we have heard horror stories of
mothers going back to work-often in physically demanding jobs such as office cleaning-two days after
giving birth by C-section. We heard stories of parents having to leave while their newborns were in the
NIC-U because they couldn't afford not to work. Even with our excellent earned sick leave law,
maternity or paternity leave is not currently one of the covered conditions, and low wage workers
simply can't afford to take unpaid time off of work. Having access to those 7 paid sick days could make a
huge difference for many new parents-including fathers, who should also have the opportunity to
bond with a newborn.
While some em ployers may be generous in their interpretation of what is considered a sick day,
employees should not have to win the "boss lottery" to take even a few days off for a new child­
whether biological, adopted or fostered.
When my children were born, my husband had no paternity leave and my maternity leave was almost
completely unpaid. Luckily, I had sick leave and vacation time that I was able to use while I was on leave.
I was so grateful to have that option and it made it possible for me to spend a little extra time at home
with my babies before gOing back to work.
Those of us who can use our sick days for parental leave often take that for granted, and we thank
Councilmember Hucker again for his foresight in making sure everyone can do the same.
Thank you very much.
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)3
Public Justice Center
1 North Charles Street, Suite 200
Baltimore, Maryland 21201
410-625-9409
410-625-9423 (fax)
Sulma
Guzman,
Attorney
410-625-9409 ext. 223
guzmans@publicjustice.org
WORKING
MATTERS
MARYLAN 0 CAMPAIGN FOR PAID SICK DAYS
TESTIMONY IN SUPPORT OF BILL 32-16:
Human Rights and Civil Liberties - Earned Sick and Safe Leave - Use
of Earned
Sick and
Safe Leave - Parental Leave
TO:
FROM:
DATE:
Hon. Nancy Floreen, President, and members of the Health and Human Services
Committee
Sulma
Guzman,
Attorney
September 20, 2016
The Public Justice Center (PJC), founded in 1985, is a not-for-profit civil rights and anti-poverty
legal services organization that seeks to enforce and expand the rights of people who are denied
justice because of poverty or discrimination. Working Matters is a coalition of more than 150
organizations committed to advancing the Maryland Campaign for Paid Sick Days. We
--_.- --.
SUPPORT
Bill 32-16, which amends the use of earned sick and safe leave to include parental
leave for the birth or arrival of a child.
Montgomery County took great care in enacting legislation supporting working families. This
amendment simply clarifies and defines the appropriate use of sick and safe leave to reflect that
families grow and time is needed to welcome the newest family member.
Bill
32-16 would allow parents in Montgomery County to use accrued earned sick and safe leave
in various circumstances surrounding the birth or arrival of a child:
• For the birth of a child;
• During the adoption of a child;
• During the placement of a child through foster care; and,
The Public Justice Center is a 501 (c)(3) charitable organization and as such does not endorse or oppose
any political party or candidate for elected office.
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• To care for a newly born, newly adopted or newly placed child within one year of the
child's birth or arrival into the family.
This amendment captures the reality of working families welcoming a child, whether through
birth, adoption or foster care. While this does not replace the federal Family Medical Leave Act, it
does provide the parents with official use of at least a couple of days to welcome their newest
family member. We are also aware that the County is currently researching parental leave as an
option for its residents. We look forward to seeing the report once complete.
The care for a newborn is full of love but at the same time labor intensive - feeding, soothing, and
nurturing.
l
Parents need time to adjust and create new family routines taking into account their
new child. In the scenario of adoption or foster care, the parents "may still be going through lengthy
legal paperwork or procedure even after the child's arrival into the home. According to the
National Adoption Center, the finalization of adoption for a healthy infant may take from two to
seven years?
A new child requires parents to fmd as much time as possible to establish their role in the family.
We are glad that the County is giving parents the opportunity to use earned sick and safe leave for
this purpose. We respectfully urge a favorable report.
I
http://womenshealth. gov/pregnancy/childbirth-beyondlnewbon-care-safety .h1ml
http://www.adopt.org/faqs
2
The Public Justice Center is a 501 (c)(3) charitable organization and as such does not endorse or oppose
any political party or candidate for elected office.
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,'1
NARAL
Pro~hoice
Maryland
8905 Fairview Road, Suite 401- Silver Spring,MD 20.910. .(30J)565-4154
-
wH'w.prochoicemdorg
Montgpmery County Council Public Hearing: Bill.32-16
Human Rights
and Civil
Liberties - EamedSiclcandSa:£eLeave.- Useu£ Earned Sick.andSafe Lea¥e
September 20" 2016 1:30 p.m.
POSITION: SUPPORT
NARAL
Pro-Choice Marylandenrourages
the
Montgomery
County
Council
to
gPteafavo};able .:report·m:t
Bill
32-16: Use of Earned Sick..and_S.afeLeave..
The
right
to
use..eamed
leave to.adequately address.
family
formation needs is a reproductive justice issue.
Subsections (7) and (8)
in
tbe pIDposedbill
clarifies.
hQwSections 27-79 UseofSi.ck·andSafeLea-ve-applies-leG
parents and
guardians
who wishto
careandhond
withn.e.w
infants~.or
childr.en
recently added to.their
families through adoption or.foster .care."
Earne.dsick.and
safe leav:eis.crucial for Maryl.anderswith
clllidr-en
t-o
be able to parent with dignity - to financially,
emotionally~
and physically support a child's basic needs.!
Nurturing. children when.
they
arehorn,.adnpted,
or £os±ered,..as.
w,el1.ascaring for children that become
ill~
ar-e·
essential to a holistic and comprehensive vision of reproductive
health~
rights, and justice.
Using earned leave as descrihedJnthe .bill wpuld.heIp m.o:reMatylandersIecei.vethenecessary wGme
0n
which they rely to adequately care for their families during both planned and unplanned family formation
events.. The bill is designed
to
.meettbenee.ds DHbose who must
take.
short-termleav€ r
but
.also be supportive
to the concerns of the business community. Along withimp.r.ovinghealtb..outcomes-foI
working .fa:rnilies,
access to this type of paid leave minimizes
risks
ofsigni
fi
cant
.conflict
with
one's employerr that
-could
lead to·
unemployment, as well as reduces employee turnover and increases employee morale.
This measure
will
be
particularly
helpful
to new mothers_ Accorcling toa 2014 national
study
from
the
-Bureau
of Labor
Statis~
approximately
57 percent o£mutheIsof newborns. and nearly
two-thir.ds.o£
women
with
children under
the
age
ru.six.arejn:tbe
WorkfoICe...
2
Because
of
workplace demands, nearly one
in
·four new
mothers return
to
their Jobs
mJess
than
twD
weeks.after giv.ing birthbecause
they
.cannot
·aff{).:rd
to.
take unpaid
leave. Bill 32-16 would give.m.oi:l:lffs.mm:e.time..to recov.er properlyand.care fortheirnewDorns· without
worrying about affording basicnee.ds.Locatingade.quate chiIdcarehas.prov.en problematic for these families.
as Maryland bans placing.newboms
under
6 weeks
mage.
inlicensed.childcare
.facilities. It is-also-imp.g.r-t.ant to·
note research
s.uggesting.
that
accessing eamed.leaYecan. reduce stress.
.an.d
depression for
new
mothers·and
contribute to meaningful. boncling,beiw.een parent.aru:l.cbild. whichimproves.children's.responsestg.external
pressures and reduces risk factors for child abuse.ln.fact"anew
study
determining whether using earned
leave to bond
with~wbo.ms.has.any
impactfo.unda Iowa hospital a.dmission·rate for babies suffering from
I
Center
fOr
American
Progress
"More than a Choice: A Prggressive VISion for Reproductive Health and
Rights." ,
2006
https:/lcdn.americanprogress.org!wp-content!upJoads/issuesf?OO6IWlmore than a choice.oof
2
US Department
of
Labor, Bureau
of
Labor Statistics, Employment Olaracteristics
of
Families, 2014 http://W\-\'W,bls.gO\·jnew5.reJeaseiiamee.nro.htmt!:!J
t::J\
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delibelately in£Iicted head injuries in California since passingits paid family leave
law
in
2004,
when
compared with seven states that do not have paid family leave, including Maryland.
3
Access to earned sick and safe leave is a .privilegethat
shouldn't.be
1:1
pnvilege -
il.shauId
be
~
right.
Paid
workplace leave
is
crucial for all people,. but especiallyfor low-income workeI:sand.people of color seeking
to
become parents and have healthy families-a right to which we are all entitled. Historically, though, some
parentir\g has been privileged at the expense of
others~ and.not~veryone.hasheen.able
to exexcise-thisrighL
Policies at work that affect pay and leave influence family formation and
pregnancy
decision-making.
The inability to access earned leave has a particular impact on
wom~.
who oftelitakeontbemajori1¥ of
responsibility for caring for children" disabled relatives; and,ailingdder
family
membe:rs,.and who make-up
almost two-thirds of minimum wage workers. Marylanders should be able to parent with dignity and not be
penalized at work for being care givers. Furthermore,.
it
is important to recognize
that
the.
issue of using
earned sick leave to address family formation needs is not only a matter of wage and reproductive justice, but
also an important issue of LGBTQ rights - as workplace
policies.hav~
been bistoricaUy .dev.e1oped
within
the
heteronormative, nuclear family framework. When Maryland families, no matter how they are formed, must
be separated from their new children in need ofatlentionathome
so
thatthey can make enough money to
afford housing and food, they are not functioning in a positive and productive work environment.
If
we want to ensure that everyone.has control
of
w.hen.andhow
they
hecomeparents~andto.best
support
parents in caring for themselves and their families-we
need
to ensure
they
haveflexibility
in
navigating their
life choices. The use of earned sick and safe leave to welcome new children into families upholds reproductive
justice and.gender equity for these workers. Itmeans.nof.haYing
to
decidehetwrenaddxessing.asignificant
healthcare or bonding need and keeping the job that is crucial to your family's wellbeing. For too many
working Marylanders, addressinghealthcare needs means risking.hours that
ar.e docked,..
being
written
llpr
having less money to put food on the table, and fearing job loss. Giving birth becomes a
stressful
life event for
those missing pay necessary to cover basic needs such as housing and food.
Bill 32-16: Use of Earned Sick and Safe Leave
will
ensure that more Marylanders workers do not have to
choose againstpo.sitiveJamily
health
outcomes foreconomic.stability.Therefore,w..e urge a.fa.vorable report.
Thank you for your time and consideration.
~
Klevens
J,
et
al
"Paid family leave's
effect
an hospital admissions for pediatric abusive head trauma"
Irtjrrry
Preuention.
FebruaIy 2016.
(!j)
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\~
M0"1S'fl~r~,tfl·g·-9rg
''-0
--""',,'-.;j.:'-.r~'";;"-"-'
TESTIMONY IN SUPPORT OF Bill 32-16:
Human Rights and Civil Liberties - Earned Sick and Safe leave - Use of Earned Sick and Safe
leave - Parental leave
TO:
FROM:
DATE:
Hon. Nancy Floreen, President, and members ofthe Health and Human Services
Committee
Ruth Martin, National Director: Workplace Justice Campaigns
September 20, 2016
Good afternoon. My name is Ruth Martin and I'm the National Director of Workplace Justice
Campaigns at MomsRising. I also live in Silver Spring. Thank you for holding this important
hearing!
MomsRising is a national grassroots organization dedicated to building a nation where both
families and businesses can thrive. There are over one million members of MomsRising across
the nation, and over 30 thousand in Maryland - and a significant portion ofthose live here in
Montgomery County.
MomsRising is part of the Working Matters Coalition and the Maryland Campaign for Paid Sick
Days. We were actively involved in last year's campaign for earned safe and sick time in
Montgomery County and our members were thrilled when the Montgomery County Council
passed the strongest earned paid sick and safe time laws in the country. Because we know how
critical access to paid sick days and paid family leave are for working families we are supportive
of Bill 32-16 which provides an important technical clarification that earned safe and sick leave
can be used for parental leave for the birth or arrival of a new child.
Amending the current earned safe and sick leave law to ensure that working people are able to
use their earned time for parental reasons is no substitute for paid family leave, but it is an
important clarification. Right now in the United States only 13% of working people have access
to paid family leave via their employer. Low wage workers are the least likely to have access to
paid family leave: Only 5 percent of workers among the lowest paid 25 percent have access to
paid family leave, compared with 22 percent of workers among the highest 25 percent. So it's
not surprising that research released last year showed that 1 in 4 new mothers are back at work
within just two weeks of having given birth.
The Montgomery County Council showed tremendous leadership and forward thinking when
passing the earned safe and sick leave bill last year. Passing last year's bill was not just a victory
for our county and state, but also set a high bar for other jurisdictions across the country and
MomsRising applauds and supports this important clarification about appropriate uses ofthe
earned safe and sick time law. We urge the council to support and pass Bill 32-16.
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mcea
Montgomery County Education Association
12 Taft Court, Rockville, Maryland 20850 I 301.294.6232 ph I 301.309.9563 fax I www.mceanea.org
~
Improving the Quality
of
Teaching and learning. It's
Union Work!
Testimony to Montgomery County Council
Earned Sick and Safe Leave Amendment
Christopher Lloyd, MCEA President
Poet Maya Angelou wrote, "I sustain myself with the love offamily." And today,
as we consider amending the Earned Sick and Safe Leave Act, we acknowledge
that Maya Angelou's words have meaning to our families and this community.
For
in
sustaining family, we sustain the support structure that loves and cares
for children.
The birth or adoption of a child marks a Significant event in the life of a family,
and allowing families to use earned leave recognizes the Significance of the initial
period of transition.
As
teachers, we know the value of families, both in our
classrooms and in our lives. And collectively we have sought to increase the
number of days for famlly leave, and sought to take care of mothers and fathers
through the period of childbirth.
We know this time is critical
in
the development of a child, and the development
of a functioning family unit. It's why worldwide, paid leave is not a luxury but a
necessity for many nations, with the United States
run.ni.ng
behind. Deloitte
became a leader in the US recently, offering 16 weeks of paid family leave, with
the intent of differentiating itself from rivals, and offering millennials a reason to
choose their company. As we compete
in
a labor force for teachers, who now
enter college degree programs at a rate almost a third less than a couple of
decades ago, we need to think about how we honor families and attract a
workforce here in Montgomery.
In
a career where we care for other people's
children, we have a vested interest
in
family leave - not only personally, but
professionally.
This amendment before you takes a step in the right direction, in good faith, to
allow families to be together upon birth or adoption. For folks who have
accumulated sick leave, it honors the time of bringing a new child into the famlly,
either through birth or adoption.
As
an organization, we support this
amendment, and look forward to working with you and state legislators to build
upon it so that one day in Maryland, we can offer paid family leave to all,
resulting
in
stronger families and stronger communities.
@