Paid sick leave bill passes out of Senate committee

Vermont Business Magazine Paid sick leave in Vermont took another step toward being achieved, as the Senate Economic Development Committee voted the bill outThursday with a 5-0 unanimous vote.The Healthy Workplaces bill (H187) passed the House last year with a vote of 72-63.Governor Peter Shumlin (D-Vermont) has called for the bill to pass and be sent to him for signature. Businesses have been concerned about the cost of the program and about how the plan rectifies differences between existing plans, which most employers have, and the new law. Many Vermonters work for companies that are based out-of-state.

In his State of the State address on January 7, Shumlin explained his support: "Vermonters who are sick should not have to choose between going to work or losing their job. This isn't just about fairness for employees; it's about protecting all of us. Nationwide, almost 90 percent of food workers report that they go to work sick, and according to the CDC, 65 percent of foodborne illnesses result from the handling of food by someone who's sick. I'm encouraged that the Senate is committed to getting the good bill the House passed last year to my desk."

About 60,000 Vermont workers are not currently covered by a paid sick leave provision at work.

Senators made a number of changes to the bill that was passed by the Vermont House last year, including exempting part-time workers (defined as working less than 18 hours per week) and high school students (defined as workers under the age of 18). The committee also added in a one-year exemption from the requirement for newly-opened businesses.

Read the bill as passedby the committee last week HERE.

• The bill is phased in over several years. Employees are allowed to earn a maximum of three days off (24 hours) for the first two years and that number increases to five days (40 hours) in the third year of implementation.
• Qualifying employees earn one hour of paid time off for every 52 hours they work.
• There is a waiting period for new hires of 2080 hours worked or one year - whichever comes first. Employees earn time during this period, but cannot use it.
• Employees are allowed to use this earned time off to care for themselves or a family member when sick or injured, to seek routine medical treatment, or to seek help and services in situations of domestic violence, sexual abuse, or stalking.
• The bill does not require employers to provide "paid sick days" over their current paid time off policies (vacation, combined time off, etc) so long as their plan meets the minimumrequirements in the bill.

H187 is expected to be voted on by the Senate on Tuesday.

As passed by the Senate committee, the bill tightens who can be covered. For instance, a worker has to be at least 18, work at least 18 hours a week and more than 20 weeks in a year, and not be a contracted worker (which the state is also now using stricter rules for employers to include more previously considered "contracted" as now employees). The language gives employers more leeway in what is considered "sick time" compensation, but it does cover temporary workers if they meet the other provisions.

Annie Accettella, Paid Sick Days Campaign Manager, said in a statement:"The Paid Sick Days Coalition is very pleased with the successful outcome of today's committee vote. The Senate Economic Development Committee stood tall for working families today. We look forward to a successful Senate vote next week."

Kris Jolin, NFIB Vermont representative, said in a statement: “In spite of being repeatedly warned that this is an incredibly dangerous mandate that will test the limits of the small business community and ultimately result in not only a loss of jobs in the small business sector, but an increase in the costs of goods and services, lawmakers just couldn’t help themselves. They passed feel good legislation without even remotely considering the economic deterrent that this mandate will create.

“The days of an employer being able to accommodate employees and provide flexibility in terms of scheduling will be over for small businesses if the full Senate passes this mandate. Instead of presenting the floor with legislation that would empower the small business sector, our state’s largest economic engine, this committee chose today to put politics before governing."

More information on the bill and the issue can be found on the Vermont Paid Sick Days Coalition website, here: