HomeGovernmentDebate on Paid Sick-Leave Legislation Spreads Across Nation

Debate on Paid Sick-Leave Legislation Spreads Across Nation

The hit movie “Contagion” has generated more than box-office revenues, with a spin-off documentary “Contagion: Not Just a Movie” bringing to the forefront the issue of whether government should mandate paid sick leave. In the documentary, veteran school bus driver Terry Brinig discusses her struggle to stay well on the job.

“Contagion: Not Just a Movie,” which was produced by the nonprofit Family Values@Work, tells the stories of five American workers who have been forced to go into work while sick because they weren’t allowed to take time off or couldn’t afford going without pay.

On Sept. 12, Seattle became the third major city, after San Francisco and Washington, D.C., to pass paid sick-leave legislation. Denver might have become the fourth city to do so, but voters soundly rejected a ballot initiative Nov. 2 that would have required businesses to give employees paid sick time. Although early polls showed the bill winning, Denver’s mayor, Chamber of Commerce and most city council members opposed it, arguing it would hurt small businesses.

In June, Connecticut passed the first statewide legislation requiring paid sick leave for workers. In Massachusetts, the legislature is revisiting the issue with House Bill 1398 and Senate Bill 930. Additionally, dozens of city council members in Philadelphia and New York City back such legislation.

Peter Agostini, president of the Connecticut School Transportation Association (COSTA), said that further clarification is needed before the new law goes into effect Jan. 1. The law applies only to businesses with 50 or more employees, covers only service workers who receive an hourly wage and allows each employee to earn one hour of paid sick time for every 40 hours worked.

Agostini explained that school bus drivers like Brinig may not be eligible until halfway through the school year because they usually work two to four hours daily just 180 days a year. He can understand the situation of Brinig and other bus drivers because he runs his family’s school bus operation, New Britain Transportation.

“They’re exposed to illnesses more than anybody else because each school bus driver sees 200 kids a day,” said Agostini.

“As a 92-year-old company, our employees are the most important thing,” he continued, speaking now as a president and CEO. “We will probably do some form of it so it works and is acceptable to our employees.”

Effects on Transportation Departments

While the intent of the law is “great,” Agostini said, the challenge is to make it fair for both employers and employees. If a company has fewer than 50 employees, there may only be 10 drivers, he noted, and they might not qualify.

“It’s very complex…At COSTA we’re working as a unit to see how it’s implemented,” said Agostini. “For smaller companies, it might be difficult to absorb the costs.”

The prospect of increasing costs for companies and school districts struggling in a tough economy is a chief concern of Judy Dupille, Massachusetts state director of pupil transportation.

“I looked at this issue thinking that this would be a cost to the cities and towns because all the bus companies contract with them,” Dupille said. “In their bid, they would have to put provisions in for paid sick time for some of their drivers. So cost would be the effect we would look at.”

The legislation recently approved in Seattle is similar to Connecticut’s new law, requiring businesses with up to 49 workers to provide up to one hour of paid sick time for every 40 hours worked. Employees also must work a minimum number of days to qualify. But, this bill requires an independent and objective analysis of the policy’s impacts, to be presented to city council 18 months after it takes effect September 2012.

“To me, this is no longer a ‘sick leave’ bill, it has become a ‘wellness’ bill,” said Councilmember Sally Bagshaw. “We have more work to do, and I want to be part of that process.”

Allan Jones, Washington state director of pupil transportation, said that paid sick leave policies in the state vary widely from district to district.

“If someone has a bug, you don’t want them at work. If you don’t have paid leave, there are a lot of people who are going to come into work because they can’t afford to miss out on pay,” said Jones, who spent 14 years working as a school bus driver in Seattle.

Although most school districts already have paid sick leave across Washington, Jones said, it might not apply to brand-new employees and those who work few hours, such as “subs.”

“It’s a big challenge. Drivers have a lot of kids most of the time, especially with the way districts have been combining routes and trying to reduce costs by increasing the number of kids on a bus. There can be 84 elementary kids on a route,” he said.

Jones noted there are multiple factors behind the rising awareness of the need for such legislation.

“I’d like to think it’s a concern for public health. I wouldn’t be surprised if there are other motivations out there. In this economic environment, there are a lot of people who can’t afford to miss any income. I would think the banks would even support paid sick leave out of concern for people defaulting on payments and mortgages,” he said. “I’m all for it.”

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