The Healthy Families Act

On May 18, 2009, perhaps an unforeseen side-effect to the recent swine flu pandemic, a bill that would require employers to provide paid sick leave to employees was reintroduced in the House of Representatives. The Healthy Families Act (H.R. 2460) provides that employees of businesses with 15 or more employees could earn a guaranteed paid hour of sick time for every 30 hours worked, up to a maximum of 56 hours (7 days) annually. The current bill provides that “sick” days could be used by the employee for (i) his/her own illness, injury or medical condition; (ii) a family member’s illness, injury or medical condition (and that person, if not a child, is otherwise in need of care); (iii) preventative care (i.e., doctor visits); (iv) seeking medical attention to recover from an injury caused by domestic violence, sexual assault or stalking, obtaining services from a victim services organization, obtaining counseling, seeking relocation or taking legal action with respect to the domestic violence, sexual assault or stalking; or (v) assisting a family member with similar tasks relating to domestic violence, sexual assault or stalking.
 
Sick leave would begin to accrue on the first day of employment. The employee would be entitled to use the earned paid sick leave beginning 60 days after the commencement of employment. Thereafter, paid sick time may be used when earned and would carry over from year to year, but cannot exceed 56 hours unless the employer permits additional accrual. In addition, if an employee leaves the place of employment but is rehired within 12 months, that employee is entitled to the accrued leave that was previously earned, and could take sick leave immediately. The Act would, however, require medical certification if more than three consecutive days are taken off.