Monday, February 16, 2015

Paid Sick Leave Bill Heading for Final Passage

Plainfield may soon have its own paid sick leave bill that will require city businesses to let workers earn time off for illness or care of ill relatives.

The driving force for the legislation here is public health, although proposed state legislation with similar terms appears to be more based on workers' rights. The city legislation (MC 2015-07) passed unanimously on first reading Feb. 9 and will be up for final passage on March 9.

Similar bills in other cities and proposed state legislation is being watched closely by the legal community, as there will be ramifications for employers who do business in several cities with such laws and there are other issues including medical confidentiality.

The city ordinance is prefaced by 16 points regarding public health concerns, including spread of disease in the workplace and parents' need to care for sick children. Both the city and state legislation propose a minimum of one hour of paid sick time for every 30 hours worked. Employers of more than 10 workers would not have to provide more than 40 hours' paid sick time in a calendar year, while those with fewer than 10 workers would not have to provide more than 24 hours.

The laws would protect workers from retaliation for exerting their rights for paid sick time. Employers who violate the city law would be subject to a fine "not exceeding $2,000" and each instance of violation would incur a separate fine at the discretion of a Municipal Court judge.

The ordinance does not prevent an employer from being more generous with paid sick time and does not affect employees covered by collective bargaining agreements.

Commentary: Plainfield businesses include mom-and-pop operations, nationally franchised food outlets, professional offices, industrial plants and lots of child care companies. All face the issue of employee absence due to illness, but each category has its own workforce needs. How will these be balanced? And if it is a public health issue, will the Health Division be able to handle complaints and investigations? Just getting 330 food inspections done was a tremendous challenge. There were 737 retail outlets in the Urban Enterprise Zone and the 2010 Census counted 2,672 businesses overall in Plainfield.

A copy of the ordinance may be obtained at the City Clerk's office in City Hall, 515 Watchung Ave. The public may speak on it at the March 2 agenda-fixing session and, if it is placed on the March 9 agenda for final passage, at a public hearing before the vote.

Residents and business owners may also contact City Council members by phone or email as listed here

--Bernice


3 comments:

  1. This is an area the City should not be getting involved in. It is not your place to dictate to an employer how they should be paying their employees. It took you this long to get a health inspector out in the field, so how are you now an expert in the field of employment. This is more government welfare being doled out by the taxpayers. I already give my staff sick time and vacation time. I dont need big brother peering over my back any more than they already are. If one job does not offer benefits, there is always another one out there that does. Sick time is not a "right", it is a benefit at the discretion of the employer.

    I have found that by offering sick and vacation days, an employee will take them in the beginning of the year and use them all up. Then when they are actually sick, take off more time (unpaid) and still not think of its affect on the job. This is not all employees of course but it does happen.

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  2. To 11:28 AM. Then don't approve their vacation time if they don't have the number of days accrued.

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  3. Should be statewide. If only some towns do it themselves they will limit any large businesses from moving or starting here. They will go where it is not.

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