Rep. George Miller (D-Calif.) Nov. 3 introduced legislation (H.R. 3991) that would guarantee five paid sick days for workers sent home or told to stay home by their employer in relation to a “contagious” illness, such as the H1N1 virus.

Miller (D-Calif.), chairman of the House Education and Labor Committee, introduced the “Emergency Influenza Containment Act” with seven co-sponsors, including Rep. Lynn Woolsey (D-Calif.), chairman of the Workforce Protections Subcommittee.

Under the legislation, employees who follow their employer's direction to stay home because of contagious illness--defined as “influenza-like illnesses such as the novel H1N1 virus”--could not be fired, disciplined, or made subject to retaliation for following directions. Employers who fail to provide the leave or retaliate against employees would be subject to penalties under the Fair Labor Standards Act.

“Sick workers advised to stay home by their employers shouldn't have to choose between their livelihood, and their co-workers' or customers' health,” Miller said. “This will not only protect employees, but it will save employers money by ensuring that sick employees don't spread infection to co-workers and customers, and will relieve the financial burden on our health system swamped by those suffering from H1N1.”

The bill would guarantee a sick worker up to five paid sick leave days a year if directed or advised by an employer to stay home or to go home. The legislation would cover full- and part-time workers in businesses that have 15 or more workers and do not currently provide at least five days of paid sick leave.

The bill would allow employers to end paid sick leave at any time by informing the employee that the employer believes the worker is well enough to return to work. Under the measure, employees could continue on unpaid leave under the Family and Medical Leave Act or other existing sick leave policies.

The Centers for Disease Control and Prevention estimates that a sick worker will infect one in 10 co-workers, according to Miller.

Copyright 2009, The Bureau of National Affairs, Inc.