Paid Sick Days: the Ohio Healthy Families Act
What is the Ohio Healthy Families Act?
Who will receive paid sick days under the Healthy Families Act?
How many days of paid sick leave will these employees receive?
When will employees be able to use paid sick leave?
What happens to an employee’s paid sick leave if the employee does not use it up during the year?
Can employees use less than a full paid sick day at one time?
When can an employee use paid sick leave?
How will the Ohio Healthy Families Act affect existing paid leave and vacation policies?
Will an employer have to provide paid sick days in addition to paid vacation now?
How much notice must the employee give the employer before using a paid sick day?
What medical certification, if any, must employees provide to use paid sick leave?
Can the employer deny paid sick days until the employee provides the certification?
What records must the employer keep under the Healthy Families Act?
What happens if an employer denies paid time off?
What happens if an employer violates the Act?
Q. What is the Ohio Healthy Families Act?
A. The Ohio Healthy Families Act is a proposed ballot issue for Ohio’s November 4, 2008 general election. If it passes, it will require Ohio employers to provide paid sick days to their employees.
Q. Who will receive paid sick days under the Healthy Families Act?
A. Employees who work for an Ohio employer who employ 25 or more employees (including part time employees).
Q. How many days of paid sick leave will these employees receive?
A. Employers covered by the Healthy Families Act must provide employees who work 30 or more hours each week with at least 7 paid sick days each year. Employees who work fewer hours will receive a pro rata number of paid sick days.
Q. When will employees be able to use paid sick leave?
A. Employees will accrue paid sick days monthly, beginning with the start of their employment. New employees cannot take paid sick leave until after they have been employed for at least 90 days, however.
Q. What happens to an employee’s paid sick leave if the employee does not use it up during the year?
A. The Ohio Healthy Families Act requires the employer to allow the employee to carry unused, accrued paid sick days from one year to the next.
Q. Can employees use less than a full paid sick day at one time?
A. The Ohio Healthy Families Act allows employees to use paid sick leave in increments of an hour or less.
Q. When can an employee use paid sick leave?
A. An employee will be able to use paid sick leave for:
- An absence resulting from a physical or mental illness, injury or
medical condition of the employee;
- An absence resulting from obtaining professional medical diagnosis
or care, or preventive medical care, for the employee;
- An absence for the purpose of caring for a child, parent, or a spouse, who has any of the conditions or needs diagnosis or care described in paragraphs (1) or (2) above.
Q. How will the Ohio Healthy Families Act affect existing paid leave and vacation policies?
A. If an employer provides paid leave at least equal to the sick leave provided by the Healthy Families Act, the Healthy Families Act will not affect the existing paid leave policy. However, an employer may not eliminate or reduce leave in existence on the date of enactment of the Healthy Families Act, regardless of the type of such leave, in order to provide paid sick days required by the Act.
Q. What does that mean? Will an employer have to provide paid sick days in addition to paid vacation now?
A. An employer can convert paid vacation into paid sick time, and therefore not have to provide additional paid sick days, but only before the Healthy Families Act goes into effect.
Q. How much notice must the employee give the employer before using a paid sick day?
A. Employees must make reasonable efforts to schedule leave in a manner that does not unduly disrupt the operations of the employer. When an Employee requests sick leave, the request must include: The reason for the absences involved and expected duration of leave; and
-
In cases in which leave is foreseeable at least seven (7) days in advance of such leave, seven (7) days notice shall be provided; or
- in cases in which leave is not foreseeable at least seven (7) days in advance of such leave, notice shall be given as soon as practicable once the employee becomes aware of the need for such leave.
Q. What medical certification, if any, must employees provide to use paid sick leave?
A. An employer may only require medical certification if the leave period covers more than three (3) consecutive work days. Employees must provide certification in a timely manner, but no later than thirty (30) days after the first day of leave.
Q. Can the employer deny paid sick days until the employee provides the certification.
A. No. The employer may not delay the paid sick leave on the basis that the employer has not yet received a medical certification.
Q. What records must the employer keep under the Healthy Families Act?
A. First, if the employer receives any health information regarding an employee, employee’s child, parent, or spouse, the employer must:
- Maintain that information on a separate form and in a separate file
from other personnel information;
- Treat it as confidential medical records; and
- Not disclose it except to the affected employee or with the express permission of the affected employee.
Second, an employer must retain records documenting hours worked by employees and paid sick leave taken by employees for a period of three (3) years.
Q. What rights does an employee have if an employer does not allow him or her to use available paid sick days?
A. The Healthy Families Act prohibits an employer from:
- Denying paid time off;
- Discharging or otherwise retaliating against the employee for using
paid sick days;
- Counting the use of paid time off under a no fault attendance policy;
or
- Using paid sick leave as a negative factor in an employment decision, such as discharge or disciplinary action.
Q. What happens if an employer denies paid time off?
A. The employee can file a complaint with the Ohio Department of Commerce. The employee or the State Attorney General’s office can also file a civil suit.
Q. What happens if an employer violates the Act?
A. The Healthy Families Act states that the employer shall be liable
for:
Damages equal to:
The amount of:
- Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
- In cases in which wages, salary, employment benefits, or other compensation has not been denied or lost to such employee, any actual monetary losses sustained by the employee as a direct result of the violation up to a sum equal to ten (10) days of wages or salary for the employee;
- interest on the lost wages and benefits or actual monetary losses;
- An additional amount as treble damages;
- R easonable attorney fees; and
Employment, reinstatement and promotion, as appropriate.
Q. Where can I find more information.
A. Here is the text of the Healthy Families Act. Also, check My Employment Blogger for posts about Family Leave and Paid Sick Days.
Do you want to consult your own employment attorney?
Schedule a consultation with Fortney & Klingshirn if you live in Northeast Ohio. If you live live elsewhere, search for a lawyer from your state.
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