While employers have focused their attention on potential game-changing legislation such as EFCA, the Lilly Ledbetter Paycheck Fairness Act, the Civil Rights Act of 2008, and the RESPECT Act, the Healthy Families Act (“HFA”) has been flying under the radar.
Back when the Family and Medical Leave Act was being debated in Congress more than 15 years ago, some claimed that FMLA was merely the first step toward government-mandated paid leaves. Liberals scoffed at the prediction. Now comes HFA, sponsored by Sen. Kennedy.
HFA requires employers of 15 or more employees to provide 7 days paid sick leave per year. The leave may be used for absences due to physical or mental illness, injury, or other medical conditions. It can be used by the employee to care for a child, parent, spouse, or any other individual related by blood or a “close association” equivalent to a family relationship.
Some employers cynically refer to HFA as the Paid Vacation Act. Why? Because a doctor’s certificate isn’t required unless the employee is out for three or more consecutive days. Employers who violate HFA may be sued in federal or state court for lost wages and benefits, liquidated damages, costs, and attorneys fees.