Over the last ten months, the City Council's Health and Human Services & Public Safety Committee, which I chair, has been discussing a proposed Earned Paid Sick Leave ordinance. The proposed ordinance was drafted by the Southern Maine Workers' Center and the Maine Women's Lobby and brought forward to the Council by Mayor Strimling.
To date, the HHS & PS committee has held four workshop-style meetings (November 14, 2017; May 8, June 12, and July 17, 2018) and a public hearing (April 24, 2018) on the topic. We've made some progress, but we still have much to do before we're in a position to make a recommendation to the full Council. Here's what you can expect from the committee as we move into Fall 2018.
To date, the HHS & PS committee has held four workshop-style meetings (November 14, 2017; May 8, June 12, and July 17, 2018) and a public hearing (April 24, 2018) on the topic. We've made some progress, but we still have much to do before we're in a position to make a recommendation to the full Council. Here's what you can expect from the committee as we move into Fall 2018.
Read the article straight through, or use the links below to jump to the section that most interests you.
Where We Are Today: Labor Day 2018
At our last meeting on July 17, 2018—after months of asking questions, gathering information, reviewing data, and getting input from individuals, organizations, and local businesses—the committee started going back through the ordinance, section by section, to consider potential changes.
We decided to start with three basic definitions: "family member," "employee," and "employer." So far, the only one we've nailed down is "family member," for which we've settled on the definition below.
I know that to some people the phrase "any person whose close association with the employee is the equivalent of a family relationship" may seem overly broad, but it was important to me—and, I believe, to the other committee members—that we acknowledge that the people who comprise one's family are not always blood relations or relations by marriage. Indeed, many households today challenge the notion that there is such a thing as a traditional family, and it's important that our rules and ordinances reflect this reality and respect the many diverse family structures that exist in our community.
As offshoots of "family member," we went on to define "child" and "parent" as follows:
After we finished with these three definitions, we began to contemplate "employer" and "employee," and we will continue working on these definitions in September.
We decided to start with three basic definitions: "family member," "employee," and "employer." So far, the only one we've nailed down is "family member," for which we've settled on the definition below.
- Family member: Family member means a child, grandchild, sibling, spouse, domestic partner, parent, or grandparent of an employee; a spouse or domestic partner of a parent or grandparent of the employee; a sibling of a spouse or domestic partner of the employee; or any other person related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.
I know that to some people the phrase "any person whose close association with the employee is the equivalent of a family relationship" may seem overly broad, but it was important to me—and, I believe, to the other committee members—that we acknowledge that the people who comprise one's family are not always blood relations or relations by marriage. Indeed, many households today challenge the notion that there is such a thing as a traditional family, and it's important that our rules and ordinances reflect this reality and respect the many diverse family structures that exist in our community.
As offshoots of "family member," we went on to define "child" and "parent" as follows:
- Child: A biological, adopted, or foster child of the employee; stepchild or legal ward of the employee; child of a domestic partner of the employee; or a child for whom the employee stands in loco parentis.
- Parent: A biological, adoptive, or foster parent of the employee or employee’s spouse or domestic partner; a stepparent or legal guardian of the employee or employee’s spouse or domestic partner; or a person who stood in loco parentis of the employee or the employee’s spouse or domestic partner when that person was a minor child.
After we finished with these three definitions, we began to contemplate "employer" and "employee," and we will continue working on these definitions in September.
Issues the Committee Still Needs to Resolve
As we consider how to define "employer" and "employee," we will also be discussing what exemptions, if any, we may include in this ordinance. Most existing EPSL ordinances include one or more of the exemptions below:
In addition to considering the above exemptions, the committee has noted that we will need to determine how co-working spaces, temporary construction jobsites, and tipped workers will be addressed in the ordinance.
These early discussions about who will be covered and how will form the crux of the ordinance. But even after we iron out these issues, we will still need to address other areas of the ordinance where there is some ambiguity or where the committee may wish to make some changes.
Some of the other questions the committee will need to answer include:
- Per diem workers - Some ordinances exclude all per diem workers, while others only exclude healthcare per diem workers
- Part-time workers - Many ordinances only cover employees who work a certain number of hours per week on average
- Employees with collective bargaining units
- Temporary or day laborers
- Workers employed by a parent or sibling
- Babysitters
- Employees of 501(c)3 nonprofits
- State, Federal, or Municipal employees
- Employees at businesses with fewer than "X" employees - Ordinances vary on this point, with some excluding businesses with fewer than 4, 10, or 50 workers
- Employees who work fewer than "X" hours in any given year - Again, ordinances vary on this exemption, with policies ranging from a requirement of 2-240 hours worked per year
- New businesses - Some ordinances include a provision exempting new businesses for a certain period of time
- Work-study participants, apprenticeships, and/or interns
- Workers employed under a publicly subsidized summer or short-term youth employment program (San Diego)
- Any student employee, camp or program counselor of an organized camp under State law (San Diego)
- Adjunct professors
- Independent contractors*
- Workers under age 18*
- Seasonal workers*
- Workers hired for a term of less than six months*
In addition to considering the above exemptions, the committee has noted that we will need to determine how co-working spaces, temporary construction jobsites, and tipped workers will be addressed in the ordinance.
These early discussions about who will be covered and how will form the crux of the ordinance. But even after we iron out these issues, we will still need to address other areas of the ordinance where there is some ambiguity or where the committee may wish to make some changes.
Some of the other questions the committee will need to answer include:
- How can we clearly exempt existing PTO programs that meet ordinance requirements?
- How many days/hours should be required?
- How should time be accrued? Can we provide more than one option for businesses to help those without dedicated HR staff track this time more easily?
- Should unused time roll over, be capped, or be otherwise regulated from one employee or calendar year to the next?
- Should there be a waiting period for employees to begin accruing/taking their earned paid sick leave?
- What notification requirements should be included?
- What type of documentation may be required and when it may be requested?
- How and by whom will the ordinance be enforced?
- What role will the City play in implementation and enforcement?
The Road Ahead
As you can see, we have a great deal of work to do. There are many questions to answer, and the committee needs to have solid answers before making a recommendation to the full Council. And of course, we have just five committee meetings remaining in our Council year.
Here's how I see the fall schedule shaping up at the HHS & PS Committee.
Here's how I see the fall schedule shaping up at the HHS & PS Committee.
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Meeting Date
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Primary Focus
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Possible Add-on Topics
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9/11/2018
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Marijuana caregiver moratorium
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9/25/2018
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Noise Ordinance Update
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10/9/2018
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Earned Paid Sick Leave: continued work on unresolved issues
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Noise Ordinance Update
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10/23/2018
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Earned Paid Sick Leave: continued work on unresolved issues
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Comprehensive User Engagement Sites
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11/13/2018
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Earned Paid Sick Leave loose ends before asking city staff for an updated draft
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* Exemption Decisions made on July 17, 2018
At our July 17th meeting, the committee decided to include an exemption for independent contractors, but not to exempt workers under age 18, seasonal workers, or workers hired for a short-term project. The committee didn't find singling out employees by age to be a fair practice, especially since a 17-year-old could just as easily be burdened with family responsibilities and financial obligations as an older person. With regard to the seasonal workers and workers hired for short-periods of time, the committee determined that the rate of accrual (currently 1 hour for every 30 hours worked) would handle the perceived problem of short-term workers accruing and taking large amounts of sick leave.
The Proposed EPSL Ordinance
In case you haven't seen it before, here's the proposed Earned Paid Sick Leave Ordinance in its original draft format.
| sick_leave_ordinance_final_.docx |
This is the ordinance as it first came to the committee from the Southern Maine Workers' Center and the Maine Women's Lobby with some input from Mayor Strimling and feedback from an Associate Corporation Counsel for the City. In the next few months, I expect the committee will make changes to the proposed ordinance before making a recommendation to the Council.
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