Milwaukee Paid Sick Leave Initiative (2008)

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The Milwaukee Paid Sick Leave Initiative is a rare citizen initiated measure in Wisconsin, 2008. It was brought to the ballot by utilizing direct legislation, which allows citizens to propose legislation to a city or village.

The measure intends to require employers in the City of Milwaukee to give employees one hour of paid sick leave for every 30 hours worked, or nine days per year. The paid time off could be used if the employee is ill, if a family member is ill, or for time off used to attend to medical or legal issues resulting from domestic violence, sexual assault or stalking.

Status

Approved, by 69% - 31%, making Milwaukee one of only three cities with such an ordinance as of November 4, 2008. The others are San Francisco and Washington, DC. [1]

Struck down by Milwaukee Circuit Court Judge Cooper, June 12, 2009.[2]

History of the Measure

The day after the referendum was approved the Metropolitan Milwaukee Association of Commerce (MMAC) filed a notice of claim to Milwaukee, informing the city they would take legal action against the measure, contenting "the ordinance exceeds the legislative authority conferred to the city by the state". [3]

Calling it “a fight we cannot afford to sit out [of],” the Metropolitan Milwaukee Association of Commerce (MMAC) filed suit on December 22, 2008, challenging the city of Milwaukee’s paid sick leave mandate. [4] The initial hearing was postponed after Judge John DiMotto recused himself, saying “Based on current events and my own past personal experiences, I am presently unable to say with confidence that I can decide the case fairly and impartially, based only on the evidence and the law.” [5] Prior to his recusal, Judge DiMotto allowed 9to5, the main proponent of the referendum, to join the city in defending the ordinance. [6]

On June 12, 2009, Milwaukee County Circuit Judge Thomas Cooper found the measure unconstitutional. Cooper said the measure was a case in which "a proposed ordinance's reach exceeds its grasp." [7] [8]

On June 17, 2009, supporters of the measure, including members of 9 to 5, asked the City of Milwaukee to join them in appealing the ruling.[9]

Text of Measure

"Shall the City of Milwaukee adopt Common Council File 080420, being a substitute ordinance requiring employers within the city to provide paid sick leave to employees?”

YES NO

A “yes” vote on the question is in favor of adoption of Common Council File Number 080420, being a substitute ordinance requiring employers to provide paid sick leave to employees who are employed within the City of Milwaukee.

A “no” vote on the question is in opposition to adoption of Common Council File Number 080420, being a substitute ordinance requiring employers to provide paid sick leave to employees who are employed within the City of Milwaukee.

Support

"A coalition of labor, educational and community organizations calling itself Paid Sick Days Milwaukee, led by 9 to 5, the National Association of Working Women, is behind the effort." [10]

Opposition

Business leaders in Milwaukee have expressed their opposition to the measure. [11]

Mayor Tom Barrett is opposed to the measure. [12]

See also

External links

References

  1. ↑ Paid sick leave referendum wins big , Milwaukee Journal Sentinel, November 4, 2008
  2. ↑ Milwaukee Journal Sentinel, "Judge finds city's sick leave mandate unconstitutional", June 12, 2009
  3. ↑ MMAC files legal document against sick leave mandate, BizTimes Daily, November 5, 2008
  4. ↑ Lawsuit challenges city of Milwaukee’s paid sick leave mandate, CCH Technical Answer Group, January 8, 2009
  5. ↑ Judge pulls out of sick-leave lawsuit, Wisconsin Law Journal, January 22, 2009
  6. ↑ Judge lets 9to5 join defense of Milwaukee sick pay ordinance, WisBusiness, January 14, 2009
  7. ↑ Milwaukee Journal Sentinel, "Judge finds city's sick leave mandate unconstitutional", June 12, 2009
  8. ↑ Text of Judge Cooper's decision
  9. ↑ Sick leave supporters ask city to join appeal of ruling that struck down ordinance
  10. ↑ Petitioners press city to require paid sick days , Milwaukee Journal Sentinel, June 22, 2008
  11. ↑ City business leaders oppose mandatory paid sick leave, Milwaukee Journal Sentinel, October 9, 2008
  12. ↑ Newswatch:Barrett opposes sick leave referendum, Milwaukee Journal Sentinel, October 23, 2008

Additional reading

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