The Wisconsin state supreme court agreed yesterday to hear the case challenging the Milwaukee paid sick days ordinance, however, no court date has been announced yet. A summary of the case that is before the state supreme court is here on the Family Values @ Work blog.

For more information from the Milwaukee chapter of 9to5, the organization leading the fight for paid sick days in Wisconsin, visit their website.

On February 18, the Wisconsin State Court of Appeals sent the legal challenge to Milwaukee’s paid sick days ordinance up to the State Supreme Court. The move means continued delay in implementation of the ordinance—approved by nearly 70% of City of Milwaukee voters in a November 2008 referendum vote.

Immediately after voters’ approval of the referendum, the city’s main business lobby, the Metropolitan Milwaukee Association of Commerce (MMAC), requested a temporary injunction against implementation. The Milwaukee County Circuit Court later rejected most of the MMAC’s arguments but struck down the ordinance on the judge’s opinion that a provision for time off for safety needs related to domestic violence was outside the common understanding of “sick leave.”  9to5, the lead organization in the grassroots coalition that put the ordinance on the ballot, has led the legal appeal of this ruling as an intervenor in the case.

This action by the Court of Appeals asks the State Supreme Court to rule on whether the language on the November 2008 ballot met the statutory requirement that it be a “concise statement of [the ordinance’s] nature.” 9to5 says that the ballot language met the requirement and that voters had access to the full text of the ordinance during the petition signing process and at all polling locations. The MMAC insists that the ballot language needed to include a list of numerous provisions of the ordinance.

Because state law allows Milwaukee’s Common Council to vote to repeal an ordinance passed by referendum two years after the vote, the appeals court is also asking the higher court to rule on whether that 2-year clock has been running while the ordinance has been held up in court.

You can read 9to5’s press release on the court’s action at the 9to5 website.

Find out about the campaign for paid sick days in Milwaukee. Below is a link to a press release regarding a recent study showing that paid sick days will save local employers millions and protect public health.

Paid Sick Days in Milwaukee Press Release

A new Milwaukee ballot initiative would allow workers to earn a minimum of one hour of paid sick time for every 30 hours worked. This means that full time employees for large businesses will earn 72 hours a year (9 days for those working a 40 hour week); small businesses with fewer than 10 employees will only be required to provide 40 hours of paid sick leave a year (5 days for those working a 40 hour week) 

Will Milwaukee be the first place to pass paid sick days?

NO. San Francisco and Washington, D.C. already require that workers within their limits have paid sick days. Similar initiatives have also been introduced in other cities and states across the nation, and at the federal level (as the Healthy Families Act).

Which employees will be covered?

• All private employees who work in the City of Milwaukee including part-time and temporary employees
• A ballot initiative can’t cover public employees, but most of them already have paid sick time off
• Both full-time and part-time workers are covered but the number of sick days earned depends on the number of hours worked so part-time employees may earn fewer sick days in a year

Which employers would provide paid sick leave?

• All private employers in the City of Milwaukee
• Small businesses with 10 or fewer employees will be permitted to provide fewer paid sick days in a year (40 hours) than large employers (72 hours)

What health needs would be covered?

• Sick days can be taken by an employee for medical treatment, preventive care or diagnosis for the worker or for a worker to care for a close family member who is sick or needs diagnosis or preventive care
• All safety needs related to those experiencing domestic violence or sexual assault (ex. use accrued time to flee to safety)

What family members can be cared for under the ordinance?

All children (biological, adopted, foster), all parents and grandparents, spouses and domestic partners, siblings and those related by blood or affinity

When can an employee begin to use paid sick leave?

Sick leave begins to accrue as soon as a person is employed, but he or she must work 90 days before sick leave can be used.

Does paid sick leave carry over from one year to the next?

Yes, but employers are not required to allow employees to use more than 72 hours of sick leave per year (or 40 hours per year if they work for small businesses) and employers are not required to pay for unused sick leave when an employee leaves his or her job

Can an employer provide more sick days than required under the ordinance?

Yes

If an employer has a policy that allows employees to take the amount of paid time off provided in the ordinance without calling it sick leave (for example, under a paid time off policy), does the employer need to provide any additional leave?

No, as long as the employee can take the time off under all the same terms and conditions as the sick leave ordinance provides. In other words, for all the same purposes and without having to give advance notice.

Can an employer retaliate against or penalize an employee for taking paid sick leave?

No

Is notice required to employees of the paid sick leave policy?

Yes

How will the ordinance be enforced?

The Equal Rights Commission will have the power to take and investigate complaints about employers who violate the ordinance, order employers to comply and make rules to enforce the ordinance

For more information, please contact