Bay area congressionals propose an H1N1 flu emergency sick-leave bill

November 4, 8:41 PMOakland Health and Happiness ExaminerDr. Desiree Haynes

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The CDC estimates that sick employees can infect one in ten coworkers.
AP Photo/Mark Humphrey

KTVU.com 2 News announced on November 3rd, that two Bay Area U.S. representatives, Rep. George Miller (D-CA) and Rep. Lynn Woolsey (D-CA), introduced a bill before Congress regarding the H1N1 flu. If passed, the Emergency Infuenza Containment Act would guarantee that part-time and full-time employees be given five paid sick days if they were to acquire a contagious illness, including H1N1. This bill will also help control the spread of illnesses by encouraging sick employees, who are advised by their employers, to stay home and not incur a financial penalty.

The Emergency Influenza Containment Act will come under debate during the House Education and Labor Committee meeting the week of November 16th. Provisions under this bill include:

• Employees who are ill will be guaranteed five paid sick leave days per year, if their employers "advise" or "directs" them to stay at home or go home.
• Employees who follow the advice or directive of their employers can not be fired, disciplined, or receive any retaliation.
• Full-time and part-time employees who work in businesses with 15 or more employees are covered. Employers who already offer their employees 5 or more paid sick leave days will be exempt.
• Employers can end their employees paid sick leave at any time, provided that employees are informed that their employers believe they are well enough to return to work. Employees can continue their leave using other sick leave policies, such as the Family Medical Leave Act (FMLA).

The Emergency Influenza Containment Act will take effect 15 days after becoming a law.

For more information on the Emergency Influenza Containment Act, go to the Library of Congress website http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3991:

For more information regarding H1N1 in Alameda County, go to the Alameda County Public Health Department website http://www.acphd.org/h1n1/