a family of workers’ rights bills

If you woke up tomorrow with the ultimate family life and ideal work conditions, what would your life look like?

More than 250 people answered that question at the first annual New Hampshire Summit on Work and Family last October, and convinced some legislators that two benefits would help people balance work obligations and family demands: paid time off, and the right to ask for a flexible schedule.

A triad of House bills sponsored by Rep. Mary Gile (D-Concord) would grant those wishes, and protect employees against retaliation for pursuing these options.

But all three bills, which have already had public hearings, are on hold. Gile asked for the bills to be “retained in committee,” which means the committee will hold onto them until next year, and may work on them in the meantime. The goals will remain: create more family time, improve workforce health, and reduce demands on state welfare programs from unemployment due to illness.

This waiting period is also a chance for opponents to get their game on. Some employers are concerned that those conditions would raise the price of doing business.

By the way, if you’re single and childless, read on. The bills are referred to as family bills, but they apply to individuals, too. They also include same-sex civil unions as family relationships.

family leave insurance

The Family and Medical Leave Act of 1993 granted U.S. workers up to 12 weeks of unpaid leave per year for family or personal medical reasons. But that’s not enough, according to Gile and co-sponsors of House Bill 661, because many people can’t afford to take time off without a paycheck.

HB 661 would create a family leave insurance program to compensate workers up to $250 per week for family leave time. As with the Family and Medical Leave Act, HB 661 would be mandatory only for businesses with 50 or more workers.

Employers would not be asked to foot this bill. Instead, an infusion of federal money would jumpstart the program, which would then become a self-paying, opt-in system. Workers could have a certain amount (probably less than $20 per year) deducted from their paychecks and put into a pool from which approved family leave would be compensated.

Sponsors haven’t decided if those who don’t contribute to the fund would be compensated with money that other workers put in—a matter that could be worked out in retention. The committee will also determine how to proceed if federal money to start the plan doesn’t come through.

paid sick leave

House Bill 662 would require all employers to grant workers 40 hours of paid sick leave each year.

The bill would cover time off for mental or physical illness of the employee or a family member, or absences resulting from domestic violence, sexual assault or stalking. Any general disclosures made to meet documentation requirements would be confidential.
Without paid sick leave, Gile says, workers hesitate to take time off. Of particular concern for the committee are food service workers, who can easily spread germs far and wide when they come to work unwell.

The domestic violence provision arose from concern that victims should be able to take time off to get themselves and their families safe.

The bill is retained because the federal Healthy Families Act, sponsored by Sen. Ted Kennedy (D-Mass.), would provide seven days of paid sick leave for workers, surpassing the benefits HB 662 offers.

flexible working

Suppose an employee wants to change the hours, times or location where he or she works. House Bill 663 lays out a clear way to ask for that, and instructs employers on steps to follow in response. It applies only to companies with 15 or more workers.
Fiscal notes from the Dept. of Labor, N.H. Association of Counties and N.H. Municipal Association claim that implementing and enforcing the law would raise their administrative costs by an “indeterminable amount.” The Judicial Branch also points out that, if any contested cases come as far as the court, it would take a financial hit, too.
HB 663 is on hold until the U.S. Congress votes on the federal Working Families Flexibility Act, sponsored by Rep. Carol Maloney (D-NY). Its passage would make the N.H. bill unnecessary, but Gile introduced the state-level legislation in case the federal act is killed.

Front Door Politics is a weekly legislative update for everyone affected by New Hampshire laws. An online learning center, additional reporting, and a blog subscription are available at www.frontdoorpolitics.com.