This email was actually sent out at my company today (slightly altered to avoid my being sued – they are a little scary, obviously). It just leaves me flabbergasted that anyone with an ounce of sense could actually fall for this line of bull, but maybe the massive amounts of legal-sounding gibberish would just confuse people enough to be swayed. I’m just shocked at the gall of the company. Maybe that just demonstrates my continuing naivate.
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Issue:
The Maryland General Assembly passed House Bill 40 during its recent legislative session that will require employers of 15 or more employees, who provide paid leave, to allow their employees to use their leave (sick, vacation or compensatory time) for the illness of a child, spouse or parent. Employees who earn more than one type of leave with pay may elect the type and amount of leave with pay to be used.
Background:
The bill is currently awaiting the Governor’s signature to become law.
Our Position:
While we support the laudable goal of supporting employees who need to provide care for immediate family members who are ill, there are some provisions listed below that will hurt our competitive advantage.
· Restricts Employers in Issuing Equitable Corrective Action – The bill provides that an employer may not take any adverse employment action against an employee who exercises his or her rights under the Act. This would impose inequitable treatment of employees who are similarly situated. One employee who incurs absences not covered under the Act may be subject to corrective action for excessive absenteeism but another employee with an equal number of absences would receive no corrective action if those absences happen to be covered under the Act. I don’t even get this one – it’s bad because they can’t punish people for missing work to take care of their sick kids? We usually punish people for being sick, but we can’t punish people for their kids being sick? Um, yeah, that sounds like a bad idea for the employees…
· Contains Ambiguous Language About Leave – As the bill is drafted, it does not specifically require an employee to provide actual care to an immediate family member; only that an employer grant an employee paid leave simply for an immediately family member’s illness. This is regardless of whether the employee is required to provide any care to that family member. What? You mean people might lie about their kids being sick to take a day off? How shocking! Or maybe they’ll take the day off, and then just go to the movies while their sick kid sits at home alone, is that what they’re thinking? It isn’t like people who want a day off don’t lie about being sick already, it just gives them a different lie to use.
· Creates an Employer Mandate – H.B. 40 would mandate how employers administer paid leave. This may force some employers to cease their paid sick leave or extended leave bank programs. Extended leave banks are banks into which unused paid leave rolls at the end of a year or after a certain maximum number of hours have been accrued. These banks serve as a type of insurance policy for the employee should s/he experience a catastrophic illness. If the law is changed to require employers to permit employees to access the paid leave in these banks anytime an immediate family member is ill, they may be depleted – thus defeating their original, intended purpose. God forbid people deplete their massive piles of sick leave, that they don’t get paid for if they leave the company or retire, that they can only use if they end up needing maternity leave or major surgery and are out for 3 months… yeah, you definitely want to save that. Most of the employees at our company who have been here more than 5 years have at least 4 weeks of sick leave accrued – most have more than that.
Action Needed:
If you agree with our position that this bill is a bad idea, please contact Governor Martin O’Malley and urge him to VETO House Bill 40.
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