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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.

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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.

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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