STATE HOUSE
Sick time bill shift
Mitchell will no longer try to have requirement for all state employers
By Susan M. Cover scover@mainetoday.com
MaineToday Media State House Writer
AUGUSTA -- A bill that would have required large Maine businesses to provide paid sick days was scrapped Thursday.
LEGISLATION AIRED: Maine Senate President Elizabeth "Libby" Mitchell, D-Vassalboro, addresses the Legislature's Labor Committee Thursday about an amendment she proposed to prohibit employers from firing employees who take sick leave.
Staff photo by Andy Molloy
Instead, Senate President Elizabeth "Libby" Mitchell, D-Vassalboro, is proposing to prohibit all Maine employers from firing workers who take sick days, whether paid or unpaid. The idea is an expansion of a provision in the original bill, which also prohibited employers from firing someone for taking a sick day.
Mitchell, a Democratic candidate for governor, told members of the Legislature's Labor Committee that she would no longer pursue the original goal of the bill, which was to require Maine employers to provide paid sick time.
"We recognize in a tough economy some things are not appropriate," she said.
Mitchell conceived of the bill last fall, when the H1N1 flu outbreak was causing many Mainers to be sick. She called the bill "An Act to Prevent the Spread of H1N1"; her original bill would have required all Maine businesses to provide at least some paid sick days to employees.
She then scaled back the bill to apply only to businesses with more than 50 employees.
But the business community, most notably the Maine State Chamber of Commerce, put up strong opposition because, they said, companies could not afford an additional state requirement in a bad economy.
On Thursday, Mitchell presented the latest version of her bill, which would prohibit employers from firing employees for taking a sick day. The prohibition would apply to five working days per 12-month period.
The bill allows a worker to sue the employer if he or she is unfairly dismissed. The court could award damages, impose a fine and require the business to cover attorney costs if the company violates the law.
"We're not asking for paid sick leave, but asking that they not be retaliated against," Mitchell said. "There is a problem. Please don't deny that."
Peter Gore, a lobbyist for the state chamber, disagreed.
"I have not seen or am aware of an exceedingly large problem of people losing a job because of sick leave," he said.
Rep. Paul Gilbert, D-Jay, said he had a family member who was told she'd be fired if she took time off to care for her injured son. "That's why I don't think this is a frivolous issue," he said.
That prompted Rep. Michael Thibodeau, R-Winterport, to say he once had an employee call in sick, only to discover later the man was drunk at a local diner.
"These things really happen," he said. "Where are we leaving Maine employers in a situation like that?"
Ned McCann of the Maine Department of Labor said Mitchell's bill does not take away the right of an employer to fire someone for cause, such as being drunk. "Intoxication is not protected," he said.
Others on the committee said the bill was such a major change from the original that there should be another public hearing. Committee Senate Chairman Troy Jackson, D-Allagash, said he did not have permission from leadership to hold an additional hearing.
The committee delayed a vote on the bill until Monday. The committee chairmen asked members of the Maine Women's Lobby, Maine Municipal Association, Department of Labor and business interests to meet in the meantime to look for common ground.
"We've reached a saturation point," said House Chairman Rep. John Tuttle, D-Sanford.
Susan Cover -- 620-7015
scover@centralmaine.com
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24 COMMENTS
IMPistov said...
Evidentally Libby or someone in her family is planning to get a real job and is hoping to be sick alot. Libby is going to be unemployed shortly..finally the state can rest a little easier!
March 19, 2010 at 12:11 AM Report abuse
Jarody said...
I'm happy to hear this bill died.
March 19, 2010 at 1:19 AM Report abuse
wagonworker said...
Mitchell should expand employers rights and not continue to take them away. When is her term up?
March 19, 2010 at 6:36 AM Report abuse
Govt2Big said...
Is there any chance Libby has learned anything from this latest fiasco she has caused? Can we send her a bill for all of the wasted tax dollars on that stupid idea? It's time for Libby to retire and move to another country.
March 19, 2010 at 6:40 AM Report abuse
mainecomrade said...
I pray to God that woman is not elected as our next Governor!
March 19, 2010 at 6:45 AM Report abuse
Merrigan said...
Forget this issue. It's bad enough trying to run a business in this state without more interference, period. Ned McCann is longtime union guy and ex Democratic lobbyist--like many in state govt, so of course he'll support this. Stop business as usual..vote Republican for Governor!
March 19, 2010 at 7:01 AM Report abuse
lessgov said...
Don't worry, when Ms. Mitchell becomes Gov this will be first on her agenda.
March 19, 2010 at 7:15 AM Report abuse
dude said...
a bill that lets people call in sick all the time and not get fired whats next from this woman hopefully an anouncement that she is droping out of the race for governer.
March 19, 2010 at 7:35 AM Report abuse
TAXPAYER said...
Bad Idea and this from someone that wants to run the State! Trouble with the whole field is they all are from the system that got us here !!!
March 19, 2010 at 7:39 AM Report abuse
Gadfly2 said...
Another illustration of Ms. Mitchell's hypocrisy and cowardice. First she backs a so-called tax reform that gives tax breaks to the rich. Then she back slides on a bill to help working people get sick leave. Why am I not surprised.
March 19, 2010 at 8:07 AM Report abuse
reddevil974 said...
this woman is out of her mind
March 19, 2010 at 9:07 AM Report abuse
ontherun said...
What is it going to take to make this woman go away? She is a lousy politician and is one of the main reasons the taxes in this state are so high. Back to the south with her!
March 19, 2010 at 10:42 AM Report abuse
ilbcnu2 said...
Ms. Mitchell.......Are you reading this? You ARE the problem. Please, for the good of the state, drop out. Paul LePage for Gov.!
March 19, 2010 at 1:05 PM Report abuse
Diamondave said...
After reading all these comments, all I can say is, go see a doctor and get a rectal-craniotomy...I can see the point for dropping the requirement for paid sick days. However, mandating that an employer cannot fire an employee for missing five days out of 365 days is very reasonable. If one of my co-workers has the flu or a cold, I would hope that they stay home rather than pass it on. Less than 100 years ago, Spanish Flu, which is now thought to be a variant of H5N1 bird flu, killed hundreds of thousands of people in a mostly rural society. It spread quickly in cities where workers were required to be at work no matter what or lose their jobs.
March 19, 2010 at 1:42 PM Report abuse
Skeeziks said...
It is crazy to say a business can't let someone go because they used sick leave. It would be less crazy if it were a business can not let someone go if they use sick leave for more than X days without a note from their doctor.
March 19, 2010 at 2:15 PM Report abuse
francis58 said...
Hello fellow Posters. Just yesterday I was sharing a glass of 'Chianti'with my long time friend 'Sergio' not bear in mind 'Sergio' comes from the 'Old' country' Italy' Sergio agrees with me that 'Libby' Mictchell has shown her True 'Colors . 'Libby is definetly anti Business and can't make up her mind. She knows that 'Rosa' and Pat McGowan are breathing down her neck and for good reason. Even the Dem's know that it is time to turn Libby' out to Pasture.
March 19, 2010 at 2:56 PM Report abuse
dfwelch said...
LOL, according to those posting on this thread, Libby Mitchell doesn't stand a chance in HE11 of getting elected governor!
March 19, 2010 at 3:42 PM Report abuse
SUNhcmVBYm91dE1F said...
I don't think people understood this bill. It was created to protect mothers who couldn't take time off to take care of their sick children. It was only up to 9 days a year. Has anyone on this forum tried to get a babysitter for a sick child? I am very disappointed in our state.
March 19, 2010 at 5:14 PM Report abuse
Chumby said...
This bill was about garnering votes for her run at the Blaine House. The Family Medical Leave Act provides proper (and reasonable) protections regarding sick leave and caring for an ill child. The bill most certainly would have hurt many businesses in Maine, something that is a common thread with Mitchell's voting record.
March 19, 2010 at 6:42 PM Report abuse
Govt2Big said...
It's time for Libby and her fellow Socialists to leave our USA.
March 19, 2010 at 6:46 PM Report abuse
Myview said...
Libby is after votes at any cost. Just think five more days to hunt if this bill is past. Thanks from all small companies for another stupid idea.
March 19, 2010 at 7:32 PM Report abuse
anticon said...
But G2B, i'm confused! So many times we've seen you enlighten us all about freedom and justice and respecting the constitution. How exactly do you reconcile that with saying anyone you don't like should leave the country? Defender of freedoms that you are, does the freedom of others only exist only so long as they agree with whatever idiocy you're regurgitating this week? Also: I've given up on you ever telling me what socialist actually means...I must ask, though: did parents or teachers never tell you to not use big words if you don't know what they mean? Really, it just makes you look foolish. Well..one thing of many that does. but, you know, we'll focus on this for now.
March 19, 2010 at 8:40 PM Report abuse
longpondloon said...
Please, please get this woman out of our lives..Send her to the house..her own..
March 19, 2010 at 9:51 PM Report abuse
Henny said...
SUnh....I understand finding a sitter for a sick kid is tough, but 9 days a year is a ton of time. The business needs to be able to function as well. For Queen Libby..here is something to chomp on. If the company you work for can function properly with you constantly out sick, then they probably do not need you.
March 20, 2010 at 10:26 AM Report abuse