Obama Drafts Order on Paid Sick Leave for Federal Contractors
By JONATHAN WEISMAN
AUG. 5, 2015 - The New York Times
WASHINGTON — Stymied by
Republicans in Congress, President
Obama has drafted an executive order to force any company that contracts
with the federal government to issue paid leave to employees who are sick, are
seeking medical attention or need to care for a sick relative.
The draft order, obtained by The
New York Times on Wednesday, could affect hundreds of thousands of workers,
because it would apply to federal contractors and their subcontractors. It would
be the latest in a string of executive orders that seek to impose requirements
on companies doing business with the government that the president and Democrats
want applied nationally. The Labor Department was to approve the order and send
it to the White House by Wednesday afternoon, according to internal
communications viewed by The Times.
Mr. Obama has issued executive
orders requiring federal contractors to recognize same-sex
marriages, not discriminate against homosexual employees and pay required
overtime. Last year, he raised the minimum wage for federal contract employees
to $10.10 an hour.
Mr. Obama even considered — then
dropped — a requirement that federal contractors disclose political
contributions.
A Labor Department spokesman
acknowledged that gin the absence of action from Congressh on the issue of paid
sick leave, gwe continue to explore ways to expand access.h The official added
that no final decisions had been made.
But the president had signaled the
initiative in his State
of the Union address in January when he told lawmakers: gSend me a bill that
gives every worker in America the opportunity to earn seven days of paid sick
leave. Itfs the right thing to do.h
The timing of the order was not
clear. The confidential draft was marked gpre-decisional and deliberative.h But
emails show that Labor Department lawyers were seeking final approval by 2 p.m.
Wednesday, making it clear the agency considered the matter as urgent. Senate
Democrats said they understood executive action was in the works.
The order would set a minimum of
56 hours a year of paid sick leave, about seven days, but it is broad in scope.
It covers not just an employeefs illness but also caring for a child, parent,
spouse, domestic partner gor any other individual related by blood or affinity
whose close association with the employee is the equivalent of a family
relationship.h
It would apply to absences from
work resulting from domestic violence, sexual assault or stalking, if that time
was used to seek medical attention, obtain counseling, seek relocation
assistance from victim services organizations or prepare civil or criminal
proceedings.
Employers would be ordered to allow
unused paid leave to accrue, year after year.
The issue of paid sick leave has
been percolating since last year, when Democrats in states like Oregon began
pushing legislation in statehouses. This spring, a bipartisan majority voted to
include paid sick leave in the Senatefs version of a budget blueprint, but that
vote was nonbinding.
gNo worker should have to
sacrifice a dayfs pay, or their job altogether, just to take care of themselves
or their sick child,h Senator Patty Murray, Democrat of Washington, said in a
statement in April after 61 senators voted for her paid-leave amendment.
gTodayfs vote was an important step forward for families in need of paid sick
days, and Ifm going to fight to get this done.h
Since then, no legislation has
even received a hearing. Last month, in a
Labor Department blog post, Labor Secretary Thomas E. Perez said 39 percent
of the private sector work force — or 44 million people — had no paid sick
leave.
gSeventy-eight percent of private
sector workers earning under $9.00 an hour cannot earn paid sick days, making
illness not merely inconvenient but economically catastrophic,h he wrote. gThis
is bad news for a rebounding economy and a growing job market.h
Paid sick leave is a benefit that
shows the divide in American labor markets. Among the highest 10 percent of
earners, 86 percent of earners have it, while among the lowest 10 percent, just
22 percent have it, said Elise Gould, a senior economist at the liberal Economic
Policy Institute. Thirty-nine percent of service workers have paid sick
leave, according to Labor
Department data.
Jim
Ryan, a labor and employment lawyer at the New York firm Cullen and Dykman,
said major federal contractors like Boeing and McDonnell Douglas had
better-than-average benefits. Many federal contracts allow companies to rebid
terms if federal policy changes, meaning higher benefit costs will be passed on
to the taxpayer.
But the effect of the order, if
issued, would be broad. More than 300,000 small-business contractors were hit by
the presidentfs increase in the minimum wage, and the Small
Business Administration has reported widespread complaints about the
financial burden.
Fast-food franchises on military
bases requested an exemption
from the wage hike, but were rejected.
Randel
K. Johnson, the senior vice president for labor, immigration and employee
benefits at the U. S. Chamber of Commerce, said he believed that the president
could not use his power over contracting policy to set social policy, that he
has to show that an executive order on contracting promotes greater efficiency
in government procurement.
gAt some point, the contracting
community is going to cry uncle, and wefre going to go to court,h Mr. Johnson
said.
While the order is still in draft,
the details show how much deliberation went into it. The draft order states that
an employer cannot make paid leave contingent on asking a worker to find a
replacement. It also says the implementation of the order would have no effect
on longstanding requirements that federal contractors pay the gprevailing wageh
of the area where the work is being done.
Detailed regulations would be
issued by the Labor secretary by Sept. 30, 2016.
White House officials refused to
comment on the document. But email traffic obtained by The Times states that
Labor Department and White House lawyers were involved in the executive orderfs
drafting. That makes clear that the Labor Department — the governmentfs labor
policy advocate — is not operating on its own.
Supporters and opponents of the
order suggested the effect could extend beyond contractors.
gYou can build an expectation that
paid sick leave comes with a job,h Ms. Gould said. gChanges in cultural norms
matter.h