Paid Sick Days: A Guaranteed Minimum Standard

Landslide Win for Paid Sick Days for Milwaukeeans

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On November 4th, 2008, in an historic election, 69% of Milwaukeeans who voted on the municipal referendum voted YES for paid sick days. A total of 157,117 Milwaukeeans voted yes on the municipal referendum for paid sick days. 42,000 Milwaukeeans signed the petition to put paid sick days on the ballot. This was a binding referendum, which means this will become law, after 90 days of rule-making.

"This win is a testament to the low-wage women who engaged the community to change working conditions," said Donna Skenadore, 9to5 Milwaukee board co-chair, "Thanks to hundreds of volunteers who circulated those petitions, put up yard signs in their neighborhoods, and reminded people about this referendum, Milwaukee was able to guarantee this basic right for workers."

Organizers and volunteers distributed 200,000 leaflets and fliers to educate Milwaukeeans on the referendum. Volunteers talked to thousands of people in neighborhoods across the city. The campaign also relied on grassroots methods of spreading the word. 500 bumper stickers, magnets, and yard signs were posted on supporters' cars and lawns in neighborhoods throughout the city.

The MMAC business lobby is still using scare tactics of legal challenges. This is the will of the people, and the opposition should concede.

9to5 Milwaukee and all the community groups that moved this forward recognize that this was a historic election and are setting their sights on future wins for low-wage women and families in Milwaukee.

Background

Milwaukee workers without paid sick days are forced to make impossible choices between vital income and jobs on one hand, and caring for their own health or family health on the other hand. Yet the majority of middle-income workers cannot rely on paid leave, and three-fourths of low-wage workers have no paid sick leave.

The new Milwaukee ordinance would allow workers to earn a minimum of one hour of paid sick time for every 30 hours worked. This means that full time employees for large businesses will earn 72 hours a year (9 days for those working a 40 hour week); small businesses with fewer than 10 employees will only be required to provide 40 hours of paid sick leave a year (5 days for those working a 40 hour week)

Will Milwaukee be the first place to pass paid sick days?

• NO. San Francisco and Washington, D.C. already require that workers within their limits have paid sick days. Similar initiatives have also been introduced in other cities and states across the nation, and at the federal level (as the Healthy Families Act). Since enactment on February 5, 2007, San Francisco has maintained a competitive job growth rate that has exceeded the average growth rate of nearby counties.
  

Which employees will be covered?

• All private employees who work in the City of Milwaukee including part-time and temporary employees
• A ballot initiative can’t cover public employees, but most of them already have paid sick time off
• Both full-time and part-time workers are covered but the number of sick days earned depends on the number of hours worked so part-time employees may earn fewer sick days in a year

Which employers would provide paid sick leave?

• All private employers in the City of Milwaukee
• Small businesses with 10 or fewer employees will be permitted to provide fewer paid sick days in a year (40 hours) than large employers (72 hours)

What health needs would be covered?

• Sick days can be taken by an employee for medical treatment, preventive care or diagnosis for the worker or for a worker to care for a close family member who is sick or needs diagnosis or preventive care
• All safety needs related to those experiencing domestic violence or sexual assault (ex. use accrued time to flee to safety)

What family members can be cared for under the ordinance?

• All children (biological, adopted, foster), all parents and grandparents, spouses and domestic partners, siblings and those related by blood or affinity

When can an employee begin to use paid sick leave?

• Sick leave begins to accrue as soon as a person is employed, but he or she must work 90 days before sick leave can be used.

Does paid sick leave carry over from one year to the next?

• Yes, but employers are not required to allow employees to use more than 72 hours of sick leave per year (or 40 hours per year if they work for small businesses) and employers are not required to pay for unused sick leave when an employee leaves his or her job

Can an employer provide more sick days than required under the ordinance?

• Yes.

If an employer has a policy that allows employees to take the amount of paid time off provided in the ordinance without calling it sick leave (for example, under a paid time off policy), does the employer need to provide any additional leave?

• No, as long as the employee can take the time off under all the same terms and conditions as the sick leave ordinance provides. In other words, for all the same purposes and without having to give advance notice.

Can an employer retaliate against or penalize an employee for taking paid sick leave?

• No 

Is notice required to employees of the paid sick leave policy?

• Yes

How will the ordinance be enforced?

• The Equal Rights Commission will have the power to take and investigate complaints about employers who violate the ordinance, order employers to comply and make rules to enforce the ordinance

Do Milwaukee employees already receive paid sick days?

• In Milwaukee, 122,230 workers (47% of private sector workers) currently do NOT have paid sick time; nationally, three out of four low wage workers do not have paid sick time.*
  

What is the impact for businesses?

• A 2008 study by the Institute for Women’s Policy Research estimates that savings to local employers will total $17 million annually, mostly from reduced turnover. Many employers already offer paid sick days – this will help create a level playing field.
  

Is there an acknowledgement of small business needs?

• Employers with fewer than 10 employees have a lower requirement than companies with 10 or more employees. The economic stability resulting from paid sick days will especially benefit small businesses.
  

How will Paid Sick Days affect Milwaukee’s economy?

• Where sick days have been implemented, the initiative has had a positive effect on economic and public health. Since enactment of paid sick time on February 5, 2007, San Francisco has maintained a competitive job growth rate that has exceeded the average growth rate of nearby counties without paid sick days. Likely benefits include improved health outcomes, speedier recoveries for workers and their families, and greater family economic stability with more consistent employment tenure.

Doesn’t legislation like this usually pass at the Federal Level?

• Versions of family leave were passed in a number of states before the federal standard was enacted. Paid sick days legislation has passed in three cities, and has been introduced in 12 states, as well as at the federal level. When in Congress, President-elect Obama was a sponsor of the federal paid sick days bill.
  

Does FMLA already cover employees paid sick time?

• First, FMLA does not cover routine illness, such as stomach flu. Second, FMLA laws establish a floor for taking time off without pay for certain types of family and medical leave. Establishing a minimum level of paid sick days complements FMLA protection and in no way conflicts with it.  Also, many employees are not eligible for FMLA because of the number of hours they have worked or the size of their employer.  The ordinance provides a particularly important protection for these workers. 

Shouldn’t employees negotiate for paid sick days with their employers?

• Most employees have no right to negotiate over the terms of their employment.
  

 What is at the heart of the MMAC's complaint? What aspects do you dispute?

• At the heart of the complaint is the claim that the City of Milwaukee did not have the legal authority to pass the ordinance establishing a minimum level of paid sick leave.  This ordinance goes to the core of what a city is authorized to do:  legislate for the health, safety, and welfare of the public.  That is exactly what the paid sick leave ordinance addresses and we are confident that the ordinance will be ruled valid. 
  

 What is 9to5 doing now?

• 9to5 is encouraging the city to appeal the latest ruling. It filed to intervene on behalf of its members to uphold the November 4th election results and protect the will of Milwaukee's voters. The court recognized the instrumental role played by 9to5 in shepherding the ordinance through the direct legislation process, and procuring overwhelming approval from 69% of the voters. Now, along with the City, 9to5 is turning to defending the validity of the ordinance under our state's laws

Is paid sick days a public health need?

• The vast majority of voters and working people support the paid sick leave ordinance because it addresses an important public health need. Everyone benefits if ailing employees and their families can get well. Even the Center for Disease Control and Prevention recommends that workers who are ill stay home from work to prevent spread of disease in the workplace. After failing to convince voters that paid sick leave was not a good idea for Milwaukee, MMAC is now using scare tactics that the ordinance will hurt business. 9to5 believes a healthy workforce is best for everyone and best for business.
• You can read about the Public Health Need from Human Impact Partners Factsheet on Milwaukee and Paid Sick Days.

For more information, please contact 414-274-0925 or email paidsickdaysmke [at] 9to5 [dot] org