Recently proposed federal legislation would require employers to provide paid sick leave to employees infected with flu-like or contagious illnesses, such as the H1N1 virus. Both of the proposed laws, if passed, would take effect 15 days after enactment and would end after two years.

U.S. Senator Christopher Dodd of Connecticut and U.S. Representative Rosa DeLauro, also of Connecticut, have just introduced legislation that would allow employees to earn up to seven paid sick days to use for leave due to their own flu-like symptoms, medical diagnosis or preventive care, to care for a sick child, or to care for a child whose school or child care facility has been closed due to the spread of flu. Employers would be allowed to require medical certification from employees requesting this type of leave.

Representatives George Miller and Lynn Woolsey of California recently introduced similar legislation, the Emergency Influenza Containment Act (H.R. 3991). That law would require that employees be given up to five paid sick days if they are sent home or directed to stay home by an employer because of a contagious illness, such as H1N1. The law would apply to employers with 15 or more employees, and both full-time and part-time employees would be entitled to leave. Employees who follow their employer’s direction to stay home because of contagious illness could not be discharged, disciplined, or discriminated against based on their absences. Employers who already provide at least five paid sick days to employees would not have to provide additional leave.

Employers should be diligent in addressing H1N1 issues, should follow guidance available from the Centers for Disease Control website, and should be aware of efforts to require mandatory paid sick leave. We will keep you updated on the status of the proposed federal sick leave laws as well as other legislation mandating paid vacation or sick leave for employees.