Yeah, they need to fix this bill. But this is a good idea that deserves support, and shouldn't leave the decision to offer sick leave for swine flu in the hands of the employer. (We all know how shaky that can be.) What's wrong with simply requiring a doctor's note?

With H1N1 flu fears spreading as fast as the sickness itself, a leading House Democrat wants rapid action on legislation that would give employees five paid sick days.

But in rushing out the measure on Tuesday, November 3, Rep. George Miller, D-California and chairman of the House Education and Labor Committee, roiled paid leave advocates who worry that he gives employers too much power to determine who can stay home.

The author of broader paid sick leave legislation, Rep. Rosa DeLauro, D-Connecticut, is not on board.

“I am concerned that the Miller bill —while a modest step forward — would establish a limp paid leave benefit that is triggered by the employer and can also be taken away by the employer; and it offers no real guarantee that a working parent can care for a sick child,” DeLauro said in a statement Thursday, November 4, to Workforce Management.

DeLauro added that she “can work with Chairman Miller to make it a better bill.”

The House labor committee will hold a hearing on Miller’s measure, the Emergency Influenza Containment Act, the week of November 16. It’s unclear when or if a companion Senate bill will be introduced.

President Barack Obama declared the H1N1 pandemic — popularly known as swine flu — a national emergency on October 24.

Miller caught some in the advocacy community and on Capitol Hill by surprise with his proposal, which would guarantee five paid sick days to an employee if an employer “directs” or “advises” him or her to go home. The employer can end the leave at any time.

“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 in a statement.

He asserts that at least 50 million workers lack paid sick leave.

The bill applies to companies with 15 or more employees but exempts those that already offer at least five days of sick leave.

DeLauro’s bill, the Healthy Families Act, would allow workers to accrue up to seven days of paid sick leave a year and gives them time off to care for sick family members.

This would be a good time to re-introduce legislation requiring paid sick time for most employees:

Early this week, the Centers for Disease Control and Prevention recommended that anyone with flu symptoms stay home from work or school.

President Obama reiterated that advice at his press conference on Wednesday night. “If you are sick, stay home,” he said. “If your child is sick, keep them out of school.”

“I know it sounds trivial,” the president said, after asking families to start taking other “very sensible precautions” like washing hands and covering up during coughs. “But it makes a huge difference.”

The president’s admonition to the sick to stay home didn’t sound trivial to Silvia Del Valle, a 42-year-old restaurant worker in Miami.

It sounded impossible.

When I spoke to her Thursday morning, Del Valle was sick in bed with a cough and a fever. Was she planning to go to work, I asked her, Obama’s press conference still fresh in my mind.

“Yes,” she said. “I need to go. Because if I don’t go, I lose my job.”

Del Valle’s not alone. Nearly half of all private sector workers in our country – more than 59 million people – have no paid sick time at all. The problem is particularly acute among women, low-wage workers – more than three-quarters of whom have no paid sick days – and part-timers.