Milwaukee Paid Sick Leave Referendum Passes 

On November 4, 2008, Milwaukee became the third city in the United States, after San Francisco and the District of Columbia, to require that all city businesses provide their employees with paid sick leave through the passage of a binding referendum. Sixty-eight percent (130,562 votes) of voters approved the referendum and 32 percent (60,796 votes) opposed it with 100 percent of the precincts reporting.

The binding referendum provides that all private sector employees employed within the city will accrue one hour of paid sick leave for every 30 hours worked, but no more than 72 hours of paid sick leave per calendar year ( i.e., nine paid sick days per year with accruals to be carried over from year to year to a maximum of 72 hours). Employees of a “small business,” defined as a company with fewer than 10 workers (including part-time and temporary workers), accrue a maximum bank of 40 hours per calendar year ( i.e., five paid sick days per year). Employees begin to accrue paid sick leave immediately upon beginning their employment, but are not entitled to use the accrued sick leave until the 90th calendar day following the start of employment. The referendum would apply to full, part-time and temporary employees, salaried or hourly workers.

Paid sick leave can be used by an employee for his or her own physical or mental condition and for any preventative medical care. It can also be used for a family member’s physical or mental condition or preventative medical care. A “family member” is broadly defined to cover the child, spouse, parent, grandparent, grandchild, “spouse of a biological, foster or adopted sibling,” “domestic partner,” and “any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.” The referendum also guarantees leave for employees dealing with to domestic abuse, sexual assault or stalking. Further, “an employer may not require disclosure of information relating to...the details of an employee’s medical condition as a condition of providing sick leave.” The ordinance also contains notice posting, anti-retaliation and enforcement provisions. The referendum itself can be found at: http://www.mmac.org/ImageLibrary/Public/MMAC_PDF_folder/Milw_Ord._File_080420.pdf EXE:  http://www.mmac.org/ImageLibrary/Public/MMAC_PDF_folder/Milw_Ord._File_080420.pdf.

According to a spokesperson from the city clerk’s office, the referendum must first be published in the Milwaukee Daily Reporter within 10 days of voter passage. It would then take effect within 90 days of publication. The spokesperson indicated that the referendum would likely not be published in the Daily Reporter until late the week of November 10. Media reports indicate that the mayor cannot veto the referendum and the Milwaukee Common Council cannot amend or repeal the measure for two years, except by another referendum.

According to the National Partnership for Women and Families, Milwaukee’s new law is patterned after one adopted by San Francisco voters in 2006. “Today is an historic day for working families in Milwaukee because, by an overwhelming majority, voters there passed a ballot measure yesterday that will guarantee a minimum standard of paid sick days to every worker in the city,” said Debra Ness, President of the Partnership. “We congratulate our partners, the Paid Sick Days Milwaukee Coalition and 9to5, National Association of Working Women, and all the allies who worked tirelessly to make this possible. Milwaukee’s new law is good for workers as well as businesses, good for families, good for the public health, and good for the city.”

On March 4, the District of Columbia City Council unanimously approved the “Accrued Sick and Safe Leave Act of 2007” (B17-0197), making the District of Columbia, at that time, only the second city in the United States, after San Francisco, to require that all city businesses provide their employees with paid sick leave. Employers had to begin complying with the Accrued Sick and Safe Leave Act of 2007 November 13. In November 2006, voters in San Francisco approved Proposition F, an ordinance requiring San Francisco employers to give employees one hour of paid sick leave for every 30 hours worked. Employees can use paid sick leave benefits to take care of themselves; their parents; legal guardians; siblings; children; spouses; registered domestic partner; and grandparents. In addition, employees may designate one person at the beginning of employment whom they care for who is not covered by the above categories, but have to use the paid sick leave for that person for the course of employment.

Reprinted with permission. © CCH

Milwaukee Paid Sick Leave Referendum Passes  On November 4, 2008, Milwaukee became the third city in the United States, after San Francisco and the District of Columbia, to require that all city businesses provide their employees with paid sick leave