Industry prepares to face political challenges from paid-leave initiatives in multiple states

Nation's Restaurant News,  June 9, 2008  by Carol Dover

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The issue of employee leave has challenged businesses in all sectors for years. Whether it is interpreting the parameters of the Family Medical Leave Act or determining an appropriate policy for short-term employee illnesses, finding a fair and responsible absence policy that won't be abused is a tightrope that management and human resources departments must continually walk.

Recently, an activist-driven movement has started taking these decisions out of the workplace and pushing paid sick leave mandates to lawmakers across the United States.

There already is legislation at the national level requiring small businesses with 15 or more employees to give each employee seven days of paid sick leave.

As with other mandate proposals on businesses that sound good at first, more than a dozen state legislatures, including Alaska, California, Connecticut, my home state of Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, North Carolina, Pennsylvania, Vermont and West Virginia have pursued or plan to pursue paid sick leave laws.

There also is action at the local level. Milwaukee may see some activity, and legislation has already passed the Washington, D.C., city council. After lengthy debate on the issue, council members unanimously approved paid sick leave for nearly all workers in the district. Two key amendments were added to the measure largely due to the involvement of the business community. The first requires employees to work 12 consecutive months before being able to access paid sick leave, and the second exempts restaurant waitstaff and bartenders from the new law.

Without action by the business community, a much more onerous law likely would have passed.

If the supporters of the Ohio paid-leave initiative are successful, this issue could be the next "moral issue" seen on the ballots of many states in 2010.

Whether it is passed legislatively or via ballot initiative, this front-burner issue would come at a significant cost to small-business owners. It would strip their ability to meet the individual needs of their workplace and their employees.

Like any other mandate, the added costs from a paid-leave policy would have to be recouped from somewhere else--likely through reduced wages or reductions in other paid benefits. In cases where an employee takes leave with little or no notice, employers may be forced to "doublepay"--once for the individual who receives the sick leave and once for the employee called in to cover her shift.

Nearly half of all adults have worked in the restaurant industry at some time during their lives. The industry has been attractive because of its flexibility in providing a work environment that can be tailored to the individual needs of the employee, whether those needs be related to family, school, sickness or second jobs. We must preserve that flexibility and be careful of the impact of one-size-fits-all mandates on smaller employers.

Activists are attempting to link the issue of food safety to mandated paid sick leave, so it has become imperative that employers maintain an ongoing dialogue with their employees regarding their leave policies, the flexibility of scheduling, different types of illnesses and the importance of maintaining food safety.

The restaurant industry faces unique staffing challenges, and broad one-size-fits-all leave policies are not the answer.

Clear, understandable and restaurant-specific policies are essential when it comes to employee health, food safety, and the constitution of a clean and sanitary workplace. The 2005 Food and Drug Administration Model Food Code could be used as a model for adoption of the latest and most scientifically sound technical guidance, and can make a substantial and positive impact on both employee health and food safety.

Unlike a blanket mandated policy on employee leave, the 2005 Food Code has detailed guidelines and a system of prevention and overlapping safeguards designed to ensure employee health and minimize foodborne illness. It provides guidelines on symptoms like sore throat, fever, vomiting, jaundice and how to manage employee exclusions to secure a safe food establishment. Moreover, employers will be able to educate their employees on the most recent health information available and the importance of both prevention and treatment.

Restaurants can receive the latest updates on the 2005 Food Code through the National Restaurant Association Educational Foundation's ServSafe Food Safety program, which provides restaurants with up-to-date, comprehensive food-safety training and a certification program.

Further, as science and research develop on new and existing illnesses and pathogens, we must be flexible to accommodate the health of our employees, ensure the safety of our food and solidify the confidence of our customers.

Now more than ever, it is important that restaurateurs contact their state and local elected officials to convey the unique challenges the industry faces when it comes to employee leave. The industry must take the lead in shaping its own employee leave plans before legislators and activists dictate one to us.