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Employers  Oppose Bill to Mandate Seven Sick Days

By Michael Norton and Gintautas Dumcius
STATE HOUSE NEWS SERVICE

BOSTON, OCT. 7, 2009 - As state officials caution those with flu symptoms to stay away from workplaces, a report released Wednesday shows more than 1.4 million workers in Massachusetts lack any paid sick days, forcing them to regularly choose between tending to their own health needs and foregoing needed income.

According to Dr. Jonathan Heller, director of Human Impact Partners and co-author of the report, guaranteed paid sick days would reduce the spread of pandemic and seasonal flu, reduce emergency room usage, protect the public from contracting illnesses in restaurants and nursing homes, and enable workers to stay home when they are sick or need to care for an ailing family member. Access to paid sick days would also lead to less turnover within businesses, he said.

The report was partially funded by the Blue Cross Blue Shield of Massachusetts Foundation, whose mission is to expand access to health care. It was released by a coalition pushing bills guaranteeing that all workers may earn a minimum of seven paid sick days a year.

The bills have extensive support in both branches, with near-majorities signed on as official cosponsors, including many members of the leadership teams of House Speaker Robert DeLeo and Senate President Therese Murray.

Under the bill, workers would accrue one hour of paid sick time for every 30 hours worked. "It'd be good for employers," said Robert Haynes, president of the Massachusetts AFL-CIO. "It doesn't make sense to have anyone at work who's unproductive. It really isn't a major economic issue for employers."

But business groups on Beacon Hill, including the Retailers Association of Massachusetts and Associated Industries of Massachusetts, expressed opposition to the bill. Many employers say sick leave policy decisions should be left to employers and worry that a mandate will add to a list of high Massachusetts-only business costs.

"I think business is really concerned about the potential additional cost of it at a time they're struggling to make ends meet," said Eileen McAnenny, senior vice president at AIM, which says paid sick day mandates are in place in only three cities - Milwaukee, San Francisco, and Washington D.C.

In state government, paid sick days are agreed upon during collective bargaining for employees who are in unions and left to the discretion of supervisors in cases involving non-unionized employees.

The two proposals (H 1815 and S 688) are before the Joint Committee on Labor and Workforce Development. At a hearing Wednesday, Rep. Ellen Story (D-Amherst) said that "if ever there were a year to pass this bill this is it with the current swine flu" situation.

Committee co-chairman Sen. Thomas McGee said he has heard stories about ill constituents who have lost their jobs and concerns from business groups about the poor economic climate. "There's no easy answers," McGee said.

Asked about the potential for abuses of a paid sick day policies, Haynes said, "We're talking about productive workers. People are generally good. There are a few bad apples in every bushel basket."

Dr. Anita Barry of the Boston Public Health Commission said a 2006 universal health care law has not led to a decrease in use of emergency rooms and called some ER visits "avoidable costs" that could come down if more workers had paid sick days.

A top state official said paid sick days would help stop swine flu transmission. "In order to stop the transmission of communicable diseases, such as H1N1, and other infectious diseases, people need time off to take care of themselves and their family members," said Andy Epstein, special assistant to the commissioner of the Massachusetts Department of Public Health.