PROPOSED LAW WOULD MANDATE

PAID SICK LEAVE

By

Jerry P. Cline , Esq.

In 2007, the so-called "Healthy Families Act" ("HFA"), now House Bill 536, was initiated by labor unions.  It has been presented to the General Assembly for their consideration, but they have not taken action.  The Bill's sponsors will now try to collect the necessary signatures to get the HFA on the November ballot.

The HFA would require all employers who employ 25 or more employees to provide each employee with seven days of paid sick leave annually for those employees who work more than 30 hours per week.  Employees working less than 30 hours per week would be provided a pro rata amount of paid leave.  The HFA would also prohibit employers from reducing existing vacation or other paid time off policies in order to comply with the HFA.

Furthermore, an employer may require a health care provider's certification that the employee is actually sick only if the leave covers more than three consecutive days.  In other words, the employer would have no way of confirming whether the employee who takes a paid sick day is actually sick, playing golf, going to the movies, etc. if the leave is three days or less.

Ohio employers who run afoul of the HFA would be subject to significant monetary damages and other penalties.  Obviously, this law, as written, is open to significant abuse and would result in substantial additional costs for many Ohio employers.

There are steps you can take now to minimize the impact of this proposal on your business should it pass in November.  Call Dave Andrews or Jerry Cline for assistance.