After the first hearing in its legislative history, it’s unclear whether a
bill that would require companies to offer paid sick days will take a path
toward reconciliation or strife between business and advocacy groups.
But at a June 11 meeting of a House Education and Labor subcommittee, the
Healthy Families Act
created tension between the panel’s Democratic chairwoman and an official of the
Society for Human Resource Management.
Rep. Lynn Woolsey, D-California, said the bill, which would allow employees
to accrue up to seven paid sick days each year, would provide economic security
for workers who cannot take time off for themselves or loved ones during an
illness because they are afraid of losing their jobs.
Woolsey asserted that only 8 percent of workers have paid family and medical
leave. Rep. Rosa DeLauro, D-Connecticut and author of the bill, said that almost
half of private-sector workers lack paid sick days.
SHRM chief operating officer China Miner Gorman warned that the
bill would foist new requirements on employers that could turn out to be as
difficult and costly to administrate as the Family and Medical Leave Act—whose
200 pages of regulations she held up at the hearing.
During the questioning of witnesses, Woolsey turned to Gorman first. Woolsey
noted that she was once an HR professional at a technology company in the 1970s
that provided paid leave while growing from 12 to 800 workers.
“We would have bent over backwards if one of our employees had a family
matter,” Woolsey said. She implied that too many companies today don’t offer the
same support.
“What do you think HR people are all about?” Woolsey asked Gorman, after
twice calling SHRM “shoorum,” and declaring “that doesn’t say anything to me”
after Gorman gave her the proper pronunciation.
Gorman responded, “HR people are all about having an active and productive
workforce. Our members are very clear that providing paid time off … is an
important part of an employee’s total compensation.”
More than 81 percent of SHRM members who responded to a recent survey said
that their company provides paid sick time, while 42 percent offered paid time
off that could be used for sickness, vacations and personal matters, according
to Gorman.
During her testimony, Gorman introduced SHRM’s principles for developing
workplace flexibility law,
which include encouraging employers to offer paid time off in exchange for
protection from federal, state and local leave requirements.
“Congress should build on the progress that is already being made by offering
incentives for employers to do more—not risk the unintended consequences of
another government mandate,” Gorman said.
For proponents, the bill represents economic and social justice.
“It is a
basic matter of right and wrong,” DeLauro said. “These workers put their jobs on
the line every time they take a day off.”
Republicans said the bill would raise labor costs and force businesses to
lower wages and freeze hiring.
“This Congress and [the Obama] administration are
killing even the possibility of new jobs,” said Rep. Tom Price, R-Georgia.
The Center for Economic and Policy Research released a study at the hearing
that said that mandatory paid sick days did not result in higher unemployment in
22 of the largest economies around the world.
The sick-days bill would improve individual and public health by allowing
workers to stay home during pandemic and seasonal flu outbreaks, according to
another study released at the hearing. It was conducted by Human Impact Partners
and released by the National Partnership for Women and Families.
Debra Ness, president of the partnership, said that opponents warn of
economic catastrophe each time leave legislation is introduced.
“We don’t have any evidence that these [predictions] are going to come to
pass,” Ness said.
But one witness forecasted that companies that currently offer paid time off
would not automatically be in compliance with the bill.
“Under the HFA, employers who are already providing these benefits would be
subject to a new regulatory regime, additional compliance and record-keeping
costs and litigation for alleged violations of the law,” said Victoria Lipnic,
former assistant secretary of labor for employment standards.
SHRM is ready to push back. Mike Aitken, SHRM director of government affairs,
said that the Healthy Families Act could meet the same resistance in the Senate
that has tied up a bill that would make it easier for employees to join unions,
the Employee Free Choice Act.
“The only thing that gets [SHRM members] more riled up than HFA is EFCA,”
Aitken said.
—Mark Schoeff Jr.
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