Paid Sick Leave Ordinance
Updated 7/8/2010
The Equal Rights Commission considered the revised Paid Sick Leave Ordinance Administrative Rules at its meeting on May 19, 2010. Changes to the Administrative Rules issued in April of 2009 have been made based on comments, questions, and feedback received by the Commission since the release of the original rules. Please forward specific questions or concerns to Maria Monteagudo at mmonte@milwaukee.gov.
On June 12, 2009, the Milwaukee County Circuit Court issued a permanent injunction prohibiting the implementation and enforcement of the Paid Sick Leave Ordinance. The Court found that portions of the Ordinance are unconstitutional and that it was unlawfully enacted. The City successfully urged the Court to accept 9to5 National Association of Working Women as a full party to defend the Ordinance. According to a statement issued by City Attorney Langley “they are well-positioned to appeal the Circuit Court’s decision as the main proponents of the Ordinance”. The City of Milwaukee did not file a separate appeal of the ruling in recognition of the position taken by the Mayor and the President of the Common Council.
The Wisconsin State Court of Appeals has sent the PSLO case to the Wisconsin Supreme Court for hearing. There are two issues that the Supreme Court will be reviewing. The first is whether or not the City has complied with Wisconsin State Statute §9.20(6) and second whether the two year ban on amending or repealing an ordinance that has been adopted as imposed by State Statute §9.20(8) is valid in light of the injunction that has been issued on this case. The injunction against the PSLO is still in place and will be while the Wisconsin Supreme Court hears the case.
PAID SICK LEAVE ORDINANCE ADMINISTRATIVE RULES
The Milwaukee Equal Rights Commission (ERC) adopted a draft of the City of Milwaukee Paid Sick Leave Ordinance Administrative Rules on 04/01/2009. The Administrative Rules will establish the standards and procedures for the implementation and enforcement of the Ordinance by the ERC, contingent upon the outcome of the legal challenge filed in Circuit Court by the MMAC. The ERC has the authority and responsibility to adopt the rules to enforce the Ordinance. A public comment period has been established from 04/02/2009 to 04/24/2009 to allow employers, employees and other interested parties to provide feedback about the rules prior to their final adoption.
Comments, questions and concerns about the Administrative Rules should be sent to emprel@milwaukee.gov or mailed to the Equal Rights Commission, Department of Employee Relations, 200 E. Wells Street, Room 706 - City Hall, Milwaukee, WI 53202.
Testimony at the Public Hearing(s) will be limited to questions, concerns and feedback about the rules. The Commission will not hear testimony about the merits of the Ordinance or the legal challenge. Individuals planning to speak at the public hearing are encouraged to submit their testimony in writing. The ERC is encouraging individuals to be specific about the particular rule(s) they are concerned with and, if possible, to document examples of the issues they want addressed by the Rules.
BACKGROUND
The Paid Sick Leave Ordinance was enacted by the citizens of the City of Milwaukee pursuant to Wisconsin's direct legislation statute. In 2008, a coalition of groups circulated petitions seeking to have the ordinance enacted or placed on the November 4, 2008 ballot. The ordinance was written by this coalition, not the City of Milwaukee. When the petitioners filed the required number of signed petitions, the City of Milwaukee Common Council was advised that it was required to pass the ordinance, without altering it, or place it on the November 4 ballot. The Common Council chose not to enact the ordinance but was required to submit it to a referendum by the voters. On November 4, the voters of the City of Milwaukee approved the referendum. Pursuant to Wisconsin's direct legislation statute, the Common Council and Mayor cannot amend or repeal the ordinance for two years.
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