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choie

(4,111 posts)
Sat Mar 14, 2020, 02:55 PM Mar 2020

NY Times: There's a giant hole in Pelosi's Coronavirus Bill

House Speaker Nancy Pelosi early Saturday celebrated passage of legislation she described as providing paid sick leave to American workers affected by the coronavirus.

She neglected to mention the fine print.

In fact, the bill guarantees sick leave only to about 20 percent of workers. Big employers like McDonald’s and Amazon are not required to provide any paid sick leave, while companies with fewer than 50 employees can seek hardship exemptions from the Trump administration.

“If you are sick, stay home,” Vice President Mike Pence said at a news conference on Saturday afternoon. “You’re not going to miss a pay check.”

But that’s simply not true. Sick workers should stay home, but there is no guarantee in the emergency legislation that most of them will get paid.

More at:


nytimes.com/2020/03/14/opinion/coronavirus-pelosi-sick-leave.html?action=click&module=Opinion&pgtype=Homepage

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procon

(15,805 posts)
7. That is also my concern.
Sat Mar 14, 2020, 04:02 PM
Mar 2020

If indeed this legislation was so deeply flawed, I'd expect to see reporters publishing scathing articles, but it's crickets out there.

stopdiggin

(11,292 posts)
4. this was ALWAYS going to be
Sat Mar 14, 2020, 03:22 PM
Mar 2020

really tough to implement. (as even a modicum of thought would confirm) How are you going to set up a mechanism to reimburse all those lost hours .. to whom (worker, employer?) .. when (next week, next month, next tax season?) .. what jobs? .. documented by? .. paid by?

Y'all get credit for having your hearts in the right place ..
But most of us never really thought this was going to work.

muriel_volestrangler

(101,295 posts)
5. Is there any explanation of how the 20 percent figure is arrived at?
Sat Mar 14, 2020, 03:32 PM
Mar 2020

Vox, which is normally good at analysis, hasn't picked this up - it says:

Emergency paid sick days: The bill would give workers 14 days of paid sick leave to be available immediately during the coronavirus (many employers are asking employees to work from home for that amount of time). It ensures sick leave to those impacted by quarantine orders, or those who must stay home to care for their children. The bill reimburses small businesses (those with 50 or fewer employees) for the cost of the 14 additional days of leave.

Emergency paid leave: The bill would create a new federal emergency paid leave program for those unable to work because they have Covid-19, are quarantined, are caring for someone with the disease, or are caring for a child due to coronavirus-related school closings. Eligible workers would receive benefits for a month (the program goes up to three months), and the benefit amount would be two-thirds of the individual’s average monthly earnings. Those receiving pay or unemployment compensation directly through their employers aren’t eligible. There is some precedent for this: Congress expanded unemployment benefits for up to 99 weeks for Americans left unemployed by the 2008 financial crisis.

https://www.vox.com/policy-and-politics/2020/3/14/21179651/coronavirus-house-pelosi-aid-testing

On edit: I found one part of their argument:

"The bill does require some employers to provide full-time workers with up to 10 days of paid leave. But the requirement does not apply to the nation’s largest employers — companies with 500 or more workers, who together employ roughly 54 percent of all workers."

This seems damned odd. Small employers often get exemptions; but why would there be an explicit exemption for large ones? They're the ones who would be reckoned best able to borrow, adjust work schedules, and so on, to make it work.

And a bit more:

One of the biggest changes is a new paid sick leave guarantee for those impacted by the coronavirus, and reaching agreement on this issue was one of the final sticking points to a deal. Under the agreement, employers would be required to provide 14 days of paid sick leave at “not less” than two-thirds their regular rate. They would qualify for the benefit if they are sick and have to be quarantined or treated for coronavirus, or if they have to leave their jobs to take care of a family member who has coronavirus. Workers would also be eligible for paid sick leave if they have to stay home because they have a child whose school or childcare facility has closed due to the coronavirus.

The agreement also dramatically expands the existing paid family medical and leave program from its current form. Under existing law, employers are required to give “job protected” medical leave for up to 12 weeks — meaning workers cannot be fired — without additional pay. Under the Pelosi-Mnuchin plan, workers taking paid medical leave would also be paid at two-thirds of their typical rate of pay for the 12 weeks. This benefit, which applies to companies with fewer than 500 employees, would be available for a year for people affected by the coronavirus.

House Democrats initially sought to apply the new family leave benefit more broadly across corporate America, but the White House pushed to narrow it to smaller businesses. Mnuchin told Fox Business they expected larger corporations to pick up those costs on their own.

https://www.washingtonpost.com/us-policy/2020/03/13/paid-leave-democrats-trump-deal-coronavirus/

So, they "expect" the big employers to do it themselves. Sigh. That means the worst big employers won't. It's ridiculous - they're saying "well, the average big employer does, so we won't worry about them". But this is not a situation in which people can say "big employer X sucks - we'll all resign".

OK, boycott of any big employer that won't cover the paid sick leave itself?
 

Hoyt

(54,770 posts)
6. While it's hard to imagine, I think NYT May be wrong on this. Muriel V post
Sat Mar 14, 2020, 03:49 PM
Mar 2020

above is one factor and in a quick scan of HR 6201, I didn’t see anything like NYT is saying.

The only thing I can think of is that most companies with over 500 employees have some type of sick leave, and the government would not need to reimburse them. Even WalMart and Target have announced special sick leave due to CV19.

Maybe someone else can find it.

https://www.congress.gov/bill/116th-congress/house-bill/6201/text

muriel_volestrangler

(101,295 posts)
8. I can find a description, by the Democrats, that mentions the 500 employees cutoff
Sat Mar 14, 2020, 04:10 PM
Mar 2020

but that doesn't seem to match with the bill you link to - and yours seems the authoritative one, to me. This is what I found:

DIVISION E – Emergency Paid Sick Leave Act
Prepared by the Democratic staff of the House Committee on Education and Labor
Section 5101. Short Title. The Emergency Paid Sick Leave Act.
Section 5102. The Emergency Paid Sick Leave Act. This section requires employers with fewer
than 500 employees and government employers to provide employees two weeks of paid sick
leave, paid at the employee’s regular rate, to quarantine or seek a diagnosis or preventive care for
coronavirus; or paid at two-thirds the employee’s regular rate to care for a family member for
such purposes or to care for a child whose school has closed, or child care provider is
unavailable, due to the coronavirus.
• Full-time employees are entitled to 2 weeks (80 hours) and part-time employees are
entitled to the typical number of hours that they work in a typical two-week period.
• The bill ensures employees who work under a multiemployer collective agreement and
whose employers pay into a multiemployer plan are provided with leave.
The Act, and the requirements under the Act, expire on December 31, 2020.

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/Families%20First%20Summary%20FINAL.pdf

I can't tell if that's out-of-date, or there's some reference in the bill to another act that mentions '500 employees', or what. I have found other media talking about it, independently of the NYT:

https://www.cbsnews.com/news/coronavirus-bill-whats-in-it/
https://www.cnbc.com/2020/03/13/coronavirus-outbreak-pelosi-and-trump-administration-reach-deal.html
plus the Washington Post, as in my edit above.
 

Hoyt

(54,770 posts)
9. Thanks. Yeah, it's hard to find reliable info. I think the Bill assumes
Sat Mar 14, 2020, 04:19 PM
Mar 2020

companies with over 500 employees have sick leave and will expand it — as many are doing, Amazon, McDonald’s, WalMart, Target, etc. — without need for government to reimburse them.

I don’t think the Bill’s hole is as nefarious as NYT article makes it sound.

Hopefully, Pelosi or someone else will clarify before Democrats are blamed as part of some awful conspiracy against workers.

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