On November 3, 2009, a bill entitled the Emergency Influenza Containment Act (H.R. 3991) was introduced by U.S. Rep. George Miller (D-CA) and referred to the House Committee on Education and Labor. The bill provides up to five days paid leave for employees sent home by their employer due to a contagious illness. The purpose is to “ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease” that may put other at risk.
The bill provides up to five days paid leave per year to employees that are instructed or advised to miss work by an employer who believes the employee has symptoms of a contagious illness or has been in close contact with an individual with symptoms of a contagious illness. The Act states that an employer that violates its provisions will be considered to be in violation of the Fair Labor Standard Act’s minimum wage provision and subject to prosecution. The Act also prohibits retaliation and discrimination against any employee who follows their employer’s direction to miss work or seeks enforcement of his or her rights under the Act.
Excluded from the Act are employers with 15 or fewer employees and employers that provide at least five days of sick leave per year. Additionally the bill contains a sunset provision and if passed, will expire two years after its effective date. Hopefully this bill will aid in slowing the spread of the H1N1 virus, better known as the Swine Flu.
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