You have to wonder about legislation that is amended
within the first month of its enactment. How flawed is it if the legislature is
already fixing it? That’s just what has happened with the Employee Sick Leave Act,
which only took effect on January 1st of this year. In a way,
employers should be grateful because the amendments have answered a couple of
important questions about the Act.
Two of the simpler amendments are expansion of the
list of family members for whom an employee may now use their sick leave to
care for. The list now includes stepchild and domestic partner. Pretty much the
only family missing now is the dog or cat. Additionally, the amendments
specifically exclude employees of railroad from coverage under the Act. The
rest of the amendments are a little trickier.
For instance, the amended Act expands the sick leave
benefits covered by the Act to “any paid or
unpaid time available to an employee as provided through an
employment benefit plan or paid time off policy to be used as a result
of absence from work due to personal illness, injury, or medical
appointment.” It’s a little confusing but this seems to indicate that if
an employer offers employees unpaid time off, for instance in the event that
the employee cannot work due to illness but has exhausted all other benefit
time, then an employee can access this leave for family members as well now.
Thankfully for employers, the Act now
specifically excludes collectively bargained sick leave provisions that differ
from the Act. Similarly, the amendments confirm that employers can require
verification of proper use of the leave for family members on the same basis as
is required when the use is for the employee’s own illness, injury or medical
appointment. Finally, the amendments clarify that the Act does not encompass
worker’s compensation, disability or other insurance policies which might pay
an employee who cannot work.
Employers should once again review
their policies to ensure they conform with the new–new Act. With all the
confusion though, it may be best to not bind this policy with the rest of your
manual just yet. We’re waiting to add cats and dogs.
