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Paid Leave Key to Slowing Spread of H1N1

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by Mike Hall, Nov 17, 2009

The Centers for Disease Control and Prevention (CDC) estimates that one worker sick with the H1N1 (swine flu) virus will infect one in 10 co-workers if he or she goes to work while infected with the virus. Even more frightening, another recent study predicted that 63 percent of Americans will be infected with the virus by the end of December.

Today, family advocates and heath care professionals told the House Education and Labor Committee that along with vaccinations, and good hygiene practices, the best way to protect workers and slow the spread of the H1N1 virus is through guaranteed paid sick leave legislation, such as the Healthy Families Act.

The CDC’s guidelines to employers and workers to slow the spread of the virus says workers who suspect they have the swine flu or another influenza-like illness should stay home and employers should allow workers to stay home “without fear of reprisals or…losing their jobs.”

But nearly half of all private-sector workers—and 76 percent of low-income workers—have no paid sick leave. That leaves sick workers facing the dilemma of staying home and losing several days of pay or likely spreading the disease to fellow workers and the public. Many low-wage workers have jobs that have direct contact with the public, such as the food-service and hospitality industry, schools and health care.

Says Debra Ness, president of the National Partnership for Women and Families:

Congress should waste no time in passing paid sick days legislation so that working people can earn paid time off and help prevent the spread of illnesses, without jeopardizing their economic security.

Dr. Georges C. Benjamin, executive director of the American Public Health Association, says paid sick leave benefits both employers, workers and their families along with customers and the general public. For employers, Benjamin says:

Sick workers are not productive ones and by spreading disease in the workplace risk the overall productivity of the business. By providing paid leave for sick workers, worker safety and business productivity can both be enhanced—a win-win for employers.

While we want to encourage workers to make healthy and rational decisions, when they are faced with the choice of staying home sick without pay or going into work sick so they can put food on the table and pay their mortgage, many workers choose to go to work and “tough it out,” putting their co-workers and their customers at risk.

Committee chairman George Miller (D-Calif.) says that Congress has been “pushing for universal paid leave policies for workers of all income levels.”

Let’s face some simple facts: When you’re struggling to make ends meet, you’re going to do everything possible to not miss a day’s pay. The lack of paid sick leave encourages workers who may have H1N1 to hide their symptoms and come to work sick—spreading infection to co-workers, customers and the public. This isn’t good for our nation’s public health or for businesses.

Earlier this year, Rep. Rosa DeLauro (D-Conn.) and the late Sen. Edward Kennedy (D-Mass.) introduced the Healthy Families Act (H.R. 2460 and S. 1152), which would require businesses with more than 15 employees to provide workers with up to seven paid sick days a year to care for themselves or a sick child or spouse.

At a Senate hearing on H1N1 earlier this month, Deputy Secretary of Labor Seth Harris announced the Obama administration’s support for the Healthy Families Act.

The Healthy Families Act offers an important opportunity to provide workers with economic security by assuring that they have the ability to stay home if they are sick without fear of losing their jobs or being forced to go to work sick because they cannot afford to stay home. We support this bill and look forward to working with you on it as it moves through the legislative process.

For more on today’s House hearing—including an archived webcast—click here. For testimony and a video of the earlier Senate hearing, click here.

Don’t forget to check out the AFL-CIO’s pandemic flu site, which includes vital resources for health care workers, firefighters, educators and more. Also check out www.flu.gov.

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6 Comments

  1. RogerDBybee on 18.11.2009 at 11:39 (Reply)

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    Despite often-fatal flu, business opposes sick days
    By Roger Bybee at Nov 13, 2009
    Despite Swine Flu Spread, Businesses Oppose Sick Days
    Friday
    November 13
    7:35 am

    (Image from 1949 Milwaukee Journal-Sentinel political cartoon.)

    By Roger Bybee

    MILWAUKEE—With the rapid spread of the H1N1 “swine flu” virus in southeastern Wisconsin, the 47% of Milwaukee workers who lack paid sick days now confront some unpalatable choices.

    “Right now, people have to choose between a pandemic and a paycheck,” says Sangita Nayak, lead organizer for the 9 to 5 Working Women’s organization in Milwaukee.

    Workers are forced to decide between losing income—and possibly their jobs, for taking time off—if they or their children become ill, or risk exposing others to a serious illness. “Particularly for our area, it’s a great concern because Milwaukee and this state have been hit by especially virulent forms of swine flu.”

    Thus far, 18 deaths in Wisconsin a have been attributed to H1N1 since last spring, with the median age of victims only 37, a sharp contrast to normal strains of flu that take their heaviest toll on the elderly.

    Yet the Milwaukee Metropolitan Association of Commerce and liberal Mayor Tom Barrett have not publicly modified their opposition to mandatory sick days for all workers in the city—in spite of 69% of Milwaukee voters supporting just that in a November 2008 referendum.

    Still, the MMAC and Mayor Barrett are keenly aware of the H1N1 threat. A recent MMAC announcement alerted its members: “Employees may be at risk of getting sick with H1N1, as well as passing the strain to others in their families and communities. There is an additional risk of spreading the virus between employees and clients.” Yet the MMAC is still firmly against the “anti-business” requirement of paid sick leaves.

    Barrett’s continued opposition to paid sick days goes against medical advice from the city’s Health Department. (Barrett was not available for comment for this article.) In fact, the city’s official website links those seeking recommendations on handling H11N1flu symptoms to the website of the Centers for Disease Control.

    The CDC ’s advice? “If you get sick with flu-like symptoms this flu season, you should stay home and avoid contact with other people except to get medical care.”

    In line with the CDC’s urging, federal lawmakers are calling for new protections for workers lacking paid sick days in the interest of public health. Citing the peril to public health caused by flu-ridden workers reporting to work out of economic necessity or fear, Sen. Christopher Dodd and Rep. George Miller are offering separate federal bills to mandate employers with 15 or more workers to provide paid sick days.

    While paid sick days are taken for granted by nearly 90% of highly-paid workers and professionals, few of those at the bottom of the economic order enjoy such a basic right. Just 22% of the workers in the lowest-paid 10% workforce have such leave.

    Sen. Dodd said three-quarters of workers lacking paid sick days work in food and service industries and thereby endanger not only co-workers, but the public. “Food service is not an industry where we want workers showing up with contagious viral infections,” Congresswoman Rose DeLauro D-Conn. said recently.

    Many low-paid health workers also lack paid sick days, noted Diana Hatch, president Of North Carolina AARP. She testified to Dodd’s labor and health subcommittee:

    That [typical nursing-home] aide probably didn’t want to be there but she had no choice. If she stayed home and took care of her cold, she would not get paid for that day. Especially in today’s economy, the loss of a day’s pay can be a disaster to a low-paid worker living on a tight budget. Meanwhile, the elderly person is endangered and the aide will take longer to recover.

    Public-health experts like Georges C. Benjamin, executive director of the American Public Health Association, a group of 30,000 public health professionals, argue that approximately five days of time off is necessary to prevent infecting others. Boston Health Commissioner Dr. Barbara Ferrer says that taking time off “is critical to preventing the spread of the virus to healthy co-workers and classmates.”

    And the New York Times recently reported:

    Well before President Obama declared H1N1 a national emergency, the federal Centers for Disease Control and Prevention was emphasizing that businesses should adopt “flexible leave policies” to allow workers with the flu to stay home. In one advisory, the C.D.C. encouraged employers to develop ‘non-punitive leave policies.’

    But slowing the spread of H1N1 is being slowed down by the fact that paid sick days are not a firmly established right for US workers. Some workers supposedly entitled to paid sick days are fearful of actually utilizing them, especially in today’s economy where employers feel that they can draw from an enormous reserve army of the unemployed.

    “Even some companies that provide paid sick days have policies that make it difficult to call in sick, like giving demerits each time someone misses a day,” reports Steven Greenhouse of the New York Times.

    Thus, we have corporate leaders—in Milwaukee and nationally—along with public officials like Sen. Mike Enzi (R-Wyoming) shrieking that paid sick leave will destroy the economy. “This [mandate] will make Milwaukee the only city in Wisconsin with a mandated paid sick leave and will brand Milwaukee as a “job killer,” warns Chris Tackett, president & CEO of the Wisconsin Merchants Federation.

    Peeling away the bizarrely self-righteous tone, Tackett’s stance is a threat disguised as an economic argument: Paid sick days will incite business to “kill jobs” by spitefully discarding Milwaukee—even if it means killing people by spreading the swine flu.

  2. grace on 18.11.2009 at 11:43 (Reply)

    “Congress should waste no time in passing paid sick days legislation so that working people can earn paid time off and help prevent the spread of illnesses, without jeopardizing their economic security.”

    Get real. Speaking from experience, most people with paid sick leave days never use them for actual SICK days.

    You’re asking way too much and looking ridiculous — feeding the anti-union rhetoric; driving people away from the Dem Party.

  3. kbat on 18.11.2009 at 12:14 (Reply)

    Its about time the AFL-CIO put some muscle behind common sense measures like this in earnest.
    The Ohio effort in 2007-2008 to enact a state-wide initiative for workers to earn paid sick leave was spiked by our governor. We had the public on our side and unions could have been perceived as having the greater good not narrow interest in mind.
    Sadly I believe intra-union power struggles kept a collaboration from happening. If we do not hang together, we shall surely hang separately.

    Solidarity FOREVER!

  4. vacation4243 on 18.11.2009 at 12:15 (Reply)

    This proposed legislation makes scientif sense, political sense, and common sense. Too often sick workers inflict their illness on others because they MUST come to work to eat or take care of their families. This step makes sense in any society in which work setting present the best viral pool other than that of school population. Attendance is mandatory otherwise and this step must be taken now before the third wave of SWINE FLU hits this early spring. Please please support this needed legislation.

  5. David Hurlburt on 18.11.2009 at 13:56 (Reply)

    HERE IS A POEM one of many about time off for the family inspired by life and a California supreme court case I started:

    Supreme Court Oral Arguements December 9, 2009 In L.A.

    Court data last updated: 11/02/2009 01:05 PM
    Case Summary Docket Briefs
    Disposition Parties and Attorneys

    Case Summary << search results
    Supreme Court Case: S164692
    Court of Appeal Case(s): First Appellate District, Div. 2
    A115223
    Case Caption: McCARTHER v. PACIFIC TELESIS GROUP
    Case Category: Review - Civil Appeal
    Start Date: 06/27/2008
    Case Status: scheduled for argument
    Issues: Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents the following issues: (1) Does Labor Code section 233, which mandates that employees be allowed to use a portion of “accrued and available sick leave” to care for sick family members, apply to employer plans in which employees do not periodically accrue a certain number of paid sick days but are paid for qualifying absences due to illness? (2) Does Labor Code section 234, which prohibits employers from disciplining employees for using sick leave to care for sick family members, prohibit an employer from disciplining an employee who takes such “kin care” leave if the employer would have the right to discipline the employee for taking time off for the employee’s own illness or injury?
    Case Citation: none

    Single By Choice now the Appeal All Time-off Company 2008

    Where applicants and Employees with family members need not apply:

    The saga goes on and every word here is the truth.
    I started this poetic tale when I was in my youth.
    When working for Pacific Telephone, It was 1976
    My wife was at work and my 3 year old son got sick.

    I asked my boss for a day off, because my child was sick.
    I said make it a sick day, vacation, or PDO you can pick.
    He said hire a nurse or get some one else to stay!
    Come to work right now or you will get no pay!

    He passed out in my arms so to the hospital I went.
    The next day at work to the boss’s office I was sent.
    We are not going to pay you and you’re on absence control,
    One more absence and you and your job will pay the toll.

    There ought to be a law to stop policies like that!
    I went to see the union and to have a little chat!
    There is a law in California its labor code 2 3 3
    It says I get sick days to care for my family.

    No, No, says the AT&T our sick leave is only just for you.
    We won’t pay you and you can’t use your vacation too.
    You better be here every day; we have work for you to do.
    Or with our attendance control we’ll just get rid of you.

    We expect you here each day for all your working life.
    Family care responsibilities, is why you have a wife.
    I am now retired but like an elephant I don’t forget.
    And justice for our families is what I want to get.

    The ideal employee is one who is Single By Choice.
    Company employees should sing in one single voice.
    We did not hire your Family not mom, dad, husband or wife.
    No Family commitments! Now that’s for all your working life.

    Single By Choice Company, No family members need apply.
    You must be here each and every day until you retire or die!
    We won in San Francisco there is sick leave for all.
    Join the fight for Families it is time to answer the call.

    There is another labor code a new law section 2 3 4
    They can’t count family absences to toss you out the door.
    The state says they cannot do this; it is a violation of the law.
    We’ll appeal, AT&T screams, as they run down the hall.

    We learned AT&T lost an Appeal on labor code section 233.
    The ATT Company will still fight against our family.
    It is the same company that fired women carrying a child,
    And took half our social security from our pension when we retired.

    The children of Alexander and the infamous Ma Bell,
    Only care about profit and our families can go to Hell.
    Do not loose hope for our families the fight will still go on
    Remember my Family It is always darkest before the Dawn.

    In California, the first Paid Family Leave was won
    All Families in America need this to cover every one.
    Congress must pass the the Healthy Families act.
    God knows we need these laws Now It is the time to Act!

    David Hurlburt
    CWA Local 9410

  6. David Hurlburt on 18.11.2009 at 14:43 (Reply)

    Paid Sick leave

    I asked my boss for a day off, because my child was sick.
    I said make it a sick day, vacation, or you can pick.
    She said hire a nurse or get some one else to stay!
    Come to work right now or you will get no pay!

    I weighed the choice she gave me, it was oh so very clear,
    My darling baby daughter needed her mother to be near.
    So I stayed home after we went to see the Doc.
    Loosing one days pay would only put me in hock.

    To my surprise, on my return she was now going to write me up!
    I was now to be on attendance control and better not screw up.
    The next absence, a suspension and a couple of days without pay;
    For taking care of my baby daughter this is just not fair I say.

    Not any paid time off for the family that they cannot take away.
    No vacation, Paid time off or any time; it is just not right I say.
    No, No, says the Boss our sick leave is only just for you.
    We won’t pay you and you can’t use your vacation too.

    You better be here every day; we have work for you to do,
    Or with our attendance control we’ll just get rid of you.
    The ideal employee is one who is Single By Choice.
    Company employees should sing in one single voice.
    .
    We did not hire your Family, not mom, dad, husband or wife.
    No Family commitments! Now that’s for all your working life.
    If you get sick or have a family don’t bother to apply.
    You must be here each and every day until your fired or die!

    There ought to be a law to stop policies like that!
    I went to see the congress and to have a little chat!
    Don’t look to The GOP to help we want no more unfunded mandates,
    Nor will you get any help from republicans from legislatures in your states.

    Working families, we need to lobby congress and the legislatures too.
    We need a law so are jobs are protected when our children gets the flu.
    Don’t loose heart we fought back and we did win at the ballot box.
    We got a new sick leave law in San Francisco, the city that rocks.

    We won in San Francisco you can win in your city too.
    We can win in the states; but it will take work to win there too.
    In the House and in the Senate the bills have been put in..
    Stick together and fight for our families and together we will win.

    By David G. Hurlburt, CWA Local 9410 Steward

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