Ohio voters will likely have an opportunity to vote on the “Healthy Families Act” in November 2008.  Supporters of this Act are gaining momentum and it will most likely be on the ballot in the November 2008 election.

If this Act passes, all Ohio employers with 25 or more employees must provide employees a minimum of seven (7) paid sick days per year for their own illnesses or medical appointments or the illnesses or medical appointments of family members. 

Current polls show 70% of voters favor the Act’s passage.

If it passes, what will the Act require?

EMPLOYERS AFFECTED
The Act applies to all Ohio employers who employ 25 or more employees.  The Family Medical Leave Act applies only to employers with 50 or more employees. 

EMPLOYEES AFFECTED
All employees who work 30 hours or more per week will receive seven (7) paid sick days per year.  Employees who work 30 hours or less per week would receive a prorated amount of sick leave.  Sick leave must begin to accumulate immediately upon hiring.

Employees can carry over unused sick leave into the following year.

Since the statute states that employees get seven (7) days, it is unclear how this will apply to employers who have employees on 10 and 12-hour days.

HOW DO THE EMPLOYEES ASK FOR THE LEAVE?
Employees may give either verbal or written notice to the employer of their need for leave.  Employers must allow employees to take sick leave in increments as small as one (1) hour at a time.  Employers can only ask for medical certification if the employee is off for more than three (3) days.  The employee has thirty (30) days to provide the certification.

HOW CAN IT BE USED?
Sick leave can be used not only for employee’s own illness or medical appointments but for illness or appointments of their children, parents, parents-in-law, and spouse.  Unlike Family Medical Leave, the illness does not need to be a “serious illness.”

Employers are not required to pay out unused sick leave at the termination of employment.

CAN EMPLOYERS CHANGE THEIR POLICIES?
The statute specifically provides that after enactment of the new law, employers may not reduce existing vacation or paid time off plans in order to comply with the law and to provide seven (7) sick days. 

WHAT CAN AN EMPLOYER DO?
If an employer does not currently provide paid sick days and does not wish to add the cost of seven (7) paid days off for every employee, an employer must act prior to the November election to change its policy. 

It is unclear at this time whether paid time off policies (PTO) which combine vacation, sick leave and personal leave into one “bank” of leave will comply with the Act.  There is a possibility that such PTO policies will not comply and that only a separate sick leave allowance will comply with the Act.  The language in the Act is also unclear regarding how much time must be allowed to be carried over. 

If an employer does not currently provide seven (7) paid sick days and does not wish to increase their leave policies by seven (7) paid sick days, it is imperative that you review your leave policies and make any changes necessary prior to November 2008.

If you would like to discuss whether your current policies comply with the Act or changing your policies, please call Attorney Karen Soehnlen McQueen at 330-497-0700.

NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.

Canton, OH – Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., the largest law firm based in Stark County is pleased to announce the addition of three new attorneys to the growing firm.  David P. Dureska, Edward T. Kennedy and Brent L. Moore have joined the firm’s new Intellectual Property Practice Group.  All attorneys formerly practiced at Buckingham, Doolittle & Burroughs, LLP.

“The addition of these fine attorneys in this new practice area comes at an exciting time in our firm’s history,” said Terry Moore, Managing Director.  “As we enter our 50th year serving this community, we are also experiencing an exciting growth phase; the firm is fortunate to have these talented attorneys who will help assure our ability to take care of our clients now and in the future.” 

David P. Dureska has joined the firm as a Director and will chair the firm’s new Intellectual Property Practice Group.  With extensive patent litigation experience, Mr. Dureska’s practice is focused on patent and trademark law and other intellectual property matters.  During his career, he previously served as Patent Counsel for The BF Goodrich Company.  The Canton native and Central Catholic alumnus obtained his undergraduate degree from The Ohio State University and his Juris Doctorate from The Ohio State University College of Law.

Edward T. Kennedy has joined the firm as a Director.  His practice is specialized in patent, trademark and trade secret matters.   A Youngstown native, Mr. Kennedy obtained his bachelors and masters degrees from Youngstown State University, and his Juris Doctorate from the University of Dayton School of Law.  Prior to becoming a patent attorney, Mr. Kennedy worked as development engineer in the plastics machinery and plastics processing industries.

Brent L. Moore has joined the firm as an Associate.  Mr. Moore's practice is focused on intellectual property law including patents, trademarks, copyrights and related matters.  Mr. Moore, a Canton native and alumnus of Jackson High School, received his undergraduate degree from the University of Akron and his Juris Doctorate Degree from the University of Akron School of Law.

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., is one of the region’s premier law firms and has been ranked the number the #1 law firm in Canton, Ohio according to a 2008 peer review study, Best Lawyers in America® listing (www.bestlawyers.com).  The firm provides representation across 26 various practice areas of law, including:  Corporate and Business Law, Intellectual Property, Real Estate and Construction, Labor and Employment, Employee Benefits, Workers’ Compensation, Commercial Lending and Finance, Taxation, Health Care, Environmental Law, OSHA, Probate and Estate Planning, Oil, Gas and Minerals Law and Litigation in all areas. The firm has 40 attorneys with offices in Canton, Alliance, New Philadelphia and Sugarcreek.  For more information visit www.kwgd.com.

Director Scott M. Zurakowski was inducted as the new board president for the United Way of Greater Stark County.  Also to be named at the annual meeting were new board members:  Vicki and Rick Haines; Gail and Mark Sterling; Stister Carolyn Capuano and Aimee Belden. 

FOUR ATTORNEYS FROM KRUGLIAK WILKINS GRIFFITHS & DOUGHERTY DESIGNATED AS OHIO SUPER LAWYERS

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. is pleased to announce that Directors Richard E. Davis, Karen Soehnlen McQueen, Terry A. Moore and William G. Williams have been named as 2008 Ohio Super Lawyers. Only five percent of Ohio attorneys receive this honor each year.  Super Lawyers is a list of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement.  The exclusive list of Ohio Super Lawyers is published annually in the January issue of Cincinnati Magazine, Northern Ohio Live and Ohio Super Lawyers Magazine (www.superlawyers.com).

Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., is the number one ranked law firm in Canton, Ohio according to a peer review study, Best Lawyers in America® listing (www.bestlawyers.com).   The firm provides representation across various practice areas of the law:  Energy, Corporate and Business Law, Real Estate and Construction, Labor and Employment, Employee Benefits, Workers’ Compensation, Commercial Lending and Finance, Taxation, Health Care, Environmental Law, OSHA, Probate and Estate Planning, and Litigation.  The firm has 38 attorneys with offices in Canton, Alliance, New Philadelphia and Sugarcreek.  For more information visit www.kwgd.com.