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Louis Jacobson
By Louis Jacobson November 4, 2009
Back to Expand the Family Medical Leave Act to include leave for domestic violence or sexual assault

Bill would allow family and medical leave to be used for domestic violence, sexual assault

Lawmakers in the House and Senate have introduced companion bills that would enact a promise made by President Barack Obama on expanding the Family and Medical Leave Act to include reasons related to domestic violence or sexual assault.

The provision is included in the House and Senate versions of a bill that would guarantee paid sick days to workers at all but the smallest companies.

The Healthy Families Act — introduced in identical versions earlier this year by Rep. Rosa DeLauro, D-Conn., and the late Sen. Edward Kennedy, D-Mass. — would allow workers to earn one hour of paid sick time for every 30 hours worked, up to seven eight-hour days per year. They would be able to use this time to stay home when they are ill, care for a sick family member, visit the doctor, or — the part directly relevant to this promise — to seek help if they are victims of domestic violence or a sexual assault. Employers with fewer than 15 employees would be exempt from complying with the act.

DeLauro has introduced a similar measure during the past three Congresses, but backers say that the number of co-sponsors is higher than ever. As of early November, 113 members of the House and 21 senators had signed on as co-sponsors.

However, all were Democrats, which poses challenges for the bill. The lack of Republican support might not prevent passage in the House, where the majority party can often pass its agenda without minority votes, but it will likely pose a challenge in the Senate, where the Republican minority can effectively block contentious bills from being taken up.

Business groups such as the U.S. Chamber of Commerce and the National Federation of Independent Business have spoken out against the measure, saying employers, already strapped by the recession, could suffer under the bill's more far-reaching new requirements — guaranteed sick days. Critics have not raised objections to the domestic violence and sexual assault provisions specifically.

The measure has not progressed beyond a hearing in one House subcommittee, and action is not expected until the question of health care reform is resolved, at the earliest. But it's enough for us to rate it In the Works.

Our Sources

Rosa DeLauro, "DeLauro Introduces Paid Sick Days Legislation; Prioritizes family-friendly policies, reflects public health benefit" news release , May 18, 2009

National Partnership for Women and Families, legislative agenda for the 111th Congress, Aug 7, 2009 (provided by the group)

New York Times, " Bill Would Guarantee Up to 7 Paid Sick Days ," May 15, 2009

THOMAS, bill information page for H.R.2460 (House version of sick-days legislation), accessed Nov. 3, 2009

THOMAS, bill information page for S. 1152 (Senate version of sick-days legislation), accessed Nov. 3, 2009

E-mail interview with Sharyn Tejani, senior policy council for the National Partnership for Women and Families, Nov. 3, 2009

Interview with Kevin Brennan, chief of staff to Rep. Rosa DeLauro, Nov. 3, 2009