Vermont Business Magazine Paid sick leave in Vermont received initial Senate approval today after a key committee backed the measure last week. 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, creating compliance problems for employers. But language in the bill should allow enough flexbility for those firms to use existing benefits. While every small business must comply, the Senate version allows for more exemptions than the House version, which could trigger a Conference Committee to resolve differences if the Senate passes the bill as is.
The measure passed on a voice vote Tuesday. The final Senate passage is expected Wednesday.
Governor Peter Shumlin issued the following statement: “This is a big step forward for employees, employers, and all Vermonters. Most Vermonters agree that those who are sick shouldn’t be going to work and potentially infecting others. With 90 percent of food workers nationwide reporting that they go to work sick – and 65 percent of foodborne illnesses resulting from the handling of food by someone who is sick – this is as much a public health issue as it is one that reflects our values as Vermonters. The question has been about how we construct legislation to protect public health and put those values into practice. The bill voted on by the Senate today does that. I want to thank the entire Senate for their hard work, and especially Senate President Pro Tem John Campbell for his leadership in moving this bill forward. The House did good work on this issue by passing a similar bill last year, and I am hopeful they will work with the Senate to get a bill to my desk quickly.”
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.
The Senate bill tightens who must 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.