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  • Plainfield Sick Leave Ordinance

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    Sergio Bichao
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    Proposed ordinance requiring all Plainfield businesses to give workers paid sick leave.

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    Proposed ordinance requiring all Plainfield businesses to give workers paid sick leave.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    1K просмотров7 страниц

    Plainfield Sick Leave Ordinance

    Загружено:

    Sergio Bichao
    Proposed ordinance requiring all Plainfield businesses to give workers paid sick leave.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 7
    CITY OF PLAINFIELD ‘MC 2018-07 AN ORDINANCE AMENDING CHAPTER 8, “HEALTH”, OF THE MUNICIPAL CODE OF THE CITY OF PLAINFIELD, AND CREATING ARTICLE 5, ENTITLED “SICK LEAVE FOR PRIVATE EMPLOYEES”, TO PROMOTE THE OVERALL HEALTH AND SAFETY OF THE RESIDENTS AND WORKERS OF PLAINFIELD BY REDUCING THE SPREAD OF COMMUNICABLE DISEASE AND CONTAGION BY REQUIRING A POLICY OF PAID SICK LEAVE FOR WORKERS IN PLAINFIELD Deletions are placed in{ brackets. Additions are made in bold letters and lerined. Whereas: (1) Most workers in Plainfield will at some time during each year need limited time off from. ‘work to take cate of his or her awn health noods or the health needs of members oftheir families. (Q) Nationally, nearly forty perceat of private sector workers are without any paid sick time. In Addition, many workers who do have paid sick time are disciplined for using it- or canznt use that time to ear for sick children (3) Low.income workers are significantly less likely to have patd sick time than other members (of the workforce. Nationally, only one in five of the lowestincome workers (21 percent) has ‘access to pa sick time, (4) Providing workers time off to attend to their own health care and the health care of family members will ensure a healthier and more productive worktorce in Plainfield (5) Paid sick time will have a positive effect on the individual and public health of Plainfield by allowing sick workers to ear alitited number of hours per year to care for themselves or & close family member when illness strikes or medical needs arise. Paid sick time will reduce recovery time, promote the use of regular medical providers rather than hospital emergency partments, and reduce the likelihood of people spreading illness to other members ofthe ‘workforce and to the publi. (©) Paid sick time will reduce health care expenditures by promoting access to primary and preventive care. Nationally, providing all workers with pai sick time would result in $1.1 billion {n annual savings in hospital emergency department costs, including more than $500 milion in savings to publicly funded health insurance programs such as Medicare, Medicaid and SCHIP. ‘Access to paid sick time can also help decrease the likelihood that a worker will pu off needed ‘ero, and can increase the rates of preventive care among workers and thir children (7) Paid sick time wil allow parents to provide personal care for their sick children, Parental care makes children’s recovery fester and ean prevent futute health problems. Parents who don’t haave paid sick time are more than twice as likely as parents with paid sick days to senda sick child to school or daycare, and five times as likely to report taking their child or a family ‘member to a hospital emergency room because they were unable to take time off work during, their regular work hours. (8) Paid sick time will reduce contagion. Workers in jobs with high levels of public contact, such as restaurant workers and child care workers, are very unlikely to have paid sick time, As a result, these workers may have no choice but to go to work when they ae ill, thereby increasing the risk of passing iJInesses on to co-workers and customers while jeopardizing their own healt Overall, people without paid sick days are 1.5 times more likely than people with paid sick days {0.20 10 work with a contagious illness like the fu (©) A recent peer-reviewed epidemiological study found that nearly one in five food service ‘workers have come to work vomiting or with diantaes in the past year, creating dangerows health conditions. The largest national survey of U.S. restaurant workers found that Rwo-thitds of restaurant waitstaff and cooks have come to work sick (10) Inthe event of a disease outbreak that presents a threat to public health-for exansple, the HINI outbreak of 2009-government officials request that sick workers stay home and keep sick children home from schoo! or child care o prevent the spread of iliness, and to safeguard ‘workplace productivity. However, because many workers lack paid sick time, they may be unable to comply. construction union and is covered by a collective bargaining agreement negotiated by that union. "Emplover" is a8 defined in NLS. 1-56 it yer does not include (a) the United States government; (b) the State or its political subdiv a authority, institution, association, society oF am instrumentality ofthe State including the legislature or judiciary; or (c) Plainfield. (6)"Family Member” means domestic parine iw ner, oF a chi smplovee stands in loco parentis (B) A biolo ter ent or adopti f guardian of an 1 oF of an employee's spouse, domestic partner or civil union parter er a perso ‘Who stood in loco parentis when the employee was a minor child erson to whom the employee is legally married under the laws of New Jersey. or any other State or with whom the employee has entered into a civil union under N.J.S.A, ‘Title 7 (D) A srandparent or spouse, civil union partner or domestic partner of a grandparents (A grandchild; {F) A domestic partner of an emplovee as defined in N.J.S.A. 26:8A-3 et seg. or (G) A sibli (7) "Health Care Professional" means any person licensed under Federal or New Jersey fa ide medical or emergency services, including but not limited to ‘and emergency room personnel, "Paid Sick Time" means time that is compensated at the same hourly rate and with the ame benefits, including health care benefits, as the Fmployee normally earns during hours worked and is prov ‘an Employer to an Employee for the purposes described in Section 3 of this Ordinance, but in no case shall the hourly wage be less than that provided nder NSA, 34:11 “Registered apprenticeship program” means an apprenticeship program that is istered with and approved by the United States Department of Labor and which meets ot less than two of the following requirements: ctive, employed, registered apprentices: (B) has graduated apprentices to iourney worker status during a majority of the ‘ears that the program has een in operation; ot yated apprentices to ourney worker ce ofthe rovides each trainee with combined cla ing under the direet and close recognized as an apprenticcable trade and mecls the prozrat Part 29, section 29.63.1, (10) "Retallation”” means the denial of any right guaranteed under this Ordinance and any ‘Ahreat, discipline; disehi sion, demotion, reduction of hours, or any other adverse action against an Emplovee for the exereise of any right guaranteed herein, eluding for filing a complaint oF Informing any person about any employer's alleged i nits inve alleged violations d is under this Act, si ws ollective Bargaining Agreements. {) All or any portion of the applicable requirements of this Ordinance shall not apply to Employees covered by a collective bargaining ag ‘0 the extent that such requirements are expressly waived jn the collective bargaining agreement in clear and ‘unambiguous terms. 2) With res vees covered by a collective bargainin ‘agreement in effect at the time of the effective date of this Ordinance, no provision ofthis ‘Ordinance shall apply until the expiration Nective bay ent; however, ‘Cede terms of an expired collectiv ining agree ovide paid sick leave that Is m ‘by this Ordinance, those terms of the expired collective Dargaining agreement apply to the extent req We Section 3. Accrual of Paid Sick Time, () All Emplovees accrue a minimum of one hour of paid every 30 hours actually worked, subject tothe limits set forth below in paragraphs 2 and 3.(2) Employers wi 23 for compensation are not required to provide more ‘than 40 hours of paid sick time in a calendar year; (3) Employers who employ fewer than, ten Emplovees for compensation are not required to provide more than 24 hours of paid sick time ina calendar year, except for Employees who are child care work health ‘are workers and food service workers. For child carc workers, home health care workers and food service workers, Employers are required to provide up to 40 hours of paid sick ime, so lon srued in a ealendar year as set forth in paragraph 1 above. (4) In determining the umber of Employees performing work for an Emplover all Employees performit for compensation on a full-time, part-time, oF. temporar s shall be counted, provided that where the number of Employees who work for an Employer for compensation fluctuates, business size may be dotermined for the current calendar your based upon the average number of Emplovees who worked for compensation during the preceding calendar vear, (5) Employees who are exempt from ov ents under 29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act are assumed fo work 40 hours in each work week for purposes of paid sick time accrual unless jormal work week is less than 4D hours, in which ick time accrues based ‘upon that normal work week. (6) Employees begin to accruc Paid Sick Time on the firs a ent. Employees are entitled to use accru ime beginning on the of thelr employment and thereafter Employees are entited to use Pai Sick Time as ti i (7) Accrued but unused Paid Sick Time shall be carried over to the following calendar year, provided that no Emplover shallbe required to carrv over mor 40) hours of unused Paid Sick Time from one calendar vear to the next or allow the use of more than forty (40) hours of Paid Sick Time in a calendar vear, An Employer shall not be required to carry over unused Paid Sick Time ifthe Employee is i for any unused Paid Sick Time at the end of the calendar year in which such time is accrued. (8) Any Employer with a paid leave poliey, such as a paid time off policy, that ro unt of paid leave sufficient to meet the total anm al requirements of this section that may be used for the same purposes and under the same conditions x id sick ime under this Ordinance is not required to provide additional paid sick time, (9) ‘Nothing ia this section shall be construed as requiring financial or other reimbursement to an Emplo over upon the Employee's termination, resignation, retirement 3 other separation from employment for acerued paid sick time that has not been used, (0) If an Employee is transferred to a separate division, entity, or location, but remains loved by the same Employer in Plainfield, the Emplovee i to all pald sick time lovee is entitled to use accrued unpaid of employment, ers ‘ofan existing employer, all ‘employees ofthe original employer who remain emploved by the successor employer are i ILpafd sick time accrued! when emplove Lemplover and are ‘entitled to use all paid sick leave previously accrued. (12) At its sole discretion, a ‘Euplover may Joan paid sick time to an Employee in advance of accrual by such Emplovee, ‘A decision by an Employer to deny a Joan request by an Employee shall tthe ‘Enplover to any liability under this Ordinance, ‘Scstion 4, Use of Paid Sick Time, (A) Pald Sick Time shall be provided to an Employee by an Emplover for: loyee's mental or physical illness, injury, or health condition: an Employee's need for medical diagnosis, care, or treatmer ental or physical ilness, Injury, or health condition: an Employee's need for preventive medical cars; a Family Member with » mental or physical illness, ini condition; care of a Family Member w edical diagnosis, care, or treatm: mental or physical illness, injury, or health condition; care of a Family Member who needs ‘preventive medical care: (C) Closure of the Employee's place of business by order of a publi offisial due to a ublic health v-oF an Employee's need to care for a child whose school or place of ‘are has been closed by order of a public official due to a public health emergency, or eare ‘for Family Member when it has been determined by the health authorities having jurisdiction or by a health care provider that the Family Member's presence in the itv would thers because of the Family Member's ‘exposure (0 a communicable disease, whether or not the Family Member has actually ‘contracted the communicable disease. (2) Nothing in this Act prohibits an Emplover from wuosting that an Employee confirm in writing following use of Pald Sick Time that the ald Sick Time was used. uuthorized purpose under this Act. (3) Where the need fo use Pald Sick Time is foreseeable, an Employer mi ire reasonable advance notice of ‘he Intention fo e_In-no event shall an Employee be required to give notice more than seven days prior to the date such sick time is to begin. Where such need is not foreseeal + may require an Emplovee to provide notice of the need for ihe use of sick time before the beginning of the Emplovee's work shift or work day oF, in ‘cases such 38 emergencies where advance notice Is not possible, notice shall he provided by tion ofa ‘Employee's taking Paid Sick Time, that the Employee search for or find a replacement Fr er the hours du the B is absent. ()_Aé time may ‘he used in the smaller of hourly increments or the smallest increment hat the emplover=x ayroll 1 use of othe an Employee has ised Paid Sick Time for 3 consecutive days or 3 consecutive instances, an Employer may ire an Employee to provide reasonable documentation that the time has been waed for c covered hy subsection (1 ince, the Emplover may ré indicating that the Paid Sick Time was - however, an Emplover may not require that the documentation expla Section 5. Exe ts Protected; Retaliation Prohibited. {Q).No person shall interfere with, restrain, or deny the exercise of, othe attempt to xa right protected under this Ordinance. (2) No porson shall retaliate against an lovee because the Employee has properly exercised rights protected under this ‘Ordinance, ‘Section 6, Notice and Posting and Fines and Penalties for Violations of Notice, Posting and ‘Other Requirements, a) all give written notice to each Employee at the commencement of the Employee's emplovment (or as soon as practicable if the Employee is already employed on the effective date ofthis law) regarding Emplovee's rights under this Ordinance. Such notice shall describe the right to paid sick time, the accrual rate and the amount of Paid Sick Time, and the terms of ifs use under this Ordinance: the right to be free from retaliation for properly requesting use of Paid Sick Time; and the right to file a complaint ‘or bring an action in municipal court if paid sick time is denied by the emplover or the a is retali i ‘or taking paid sick time. Such notice shall be in English and the primary language spoken by that Employee, o long as the primary Ianguage of i e primary language of at least 10% of the Employer's yorkforce. (2) Employers shall also display a poster ina conspicuous and accessible place {in cach business establishment where Employees are emploved containing the information ‘in subsection (1). The poster shi a age thatis the first language of at least 10% of the Emplover's workforce. (3) The Agency can create and ake available to Employers notices and posters in English and Spanish and any other section 1(1) for Emplovers! use i ing with this section, Section 7. Fines. Any Employer who violates the provisions of this Ord conviction thereof, bbe punished by a fine not exceeding $2,000, Each day on which a viola ince ‘Xsts shall he considered a separate and distinct violation and shall be subject Imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine. In addition to the fines set forth above, any Bmplover who violates this Ordinance is subject to payment of restitution in the amount of any Paid Sick Time unlawfully withheld, overs shall allow the Ageacy reasonabl and to monitor compliance wit irom 1 Employer's failure to maintain oF retain adequate Fecords documenting hours worked by an Emnplovee and Paid Sick Time faken by an le presumption that the Emplover has violated this Ordinance, absent clear and convincing ev ise. Section 9, Enforcement and Reeulations, (1) The Agency shall coordinate implementation and enforcement of this Ordinance and rom idelines or regulations for such purposes, 2) The Agency shall have broad powers to ensure e wit rdinanee, (3) In the event an allegation of noncompliance cannot be resolved by the Azenev mith the Employer, a complaint may be filed, by the Agency andlor the Emplovee as the complainant, in Plainfield Municipal Court for any alleged vielation of this Ordinance, (4) The Municipal Court shall have the power to adjudicate all allegations of violations of ihis Ordinance and impose fines or penalties provided for in this Ordinance, or any further xclief deem appropriate by the court including but wot limited to restitution, reinstatement, injunctive or declaratory relief, 5) Submitting a complaint o the Agency is neither a prerequi pelvate action, (6) The Agency shall have the power to do outreach to inform the residents of the r of their rights under this Act and to publicize online and in other media the names of ‘Employers who violate this Act, Section 10, Confidentiality and Nondisclosure, formation about an Employee or Emplovee's Family Member such inform: ated as confidential and shall not he disclosed by the Employer except tothe affected Emplovee or with the permission ofthe affected Emplovee, (2) The Agency shall maintain confiden alse for resolution ofthe investigation. The Agency shal, {o the extent practicable, noify a complaining person thatthe Agency will be disclosing his ‘Section 11, No Effect on More Generous Policies, a be construed to discourage or prohibit an Employ: {from the adoption or retention of a paid sick time policy more generous than the one equi in. (2) Nothing in this Ordinance shall be construed as diminishing the ation of an Employer to comply with any contract, collective bargaining agreement, ‘employment benefit plan, or other agreement providing more generous paid sick time to an Employee than required herein, (3) Nothing in this Ordinance shall be construed as

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