MILWAUKEE—A city ordinance that would have required employers in Milwaukee to provide nine days of paid sick leave annually to employees has been struck down by the Milwaukee County Circuit Court.
The court ruled June 12 that the ordinance, which voters approved last November in a citywide binding referendum, is invalid because it provided paid sick leave to individuals affected by domestic violence, sexual violence and stalking—none of which were mentioned in the original ballot initiative.
“This court holds the term ‘sick leave' does not reasonably, intelligently and fairly comprise or reference domestic violence, sexual violence and stalking,” Judge Thomas R. Cooper wrote in his ruling. “Therefore, this court holds that the ordinance was invalidly enacted.”
However, the court did not find that the ordinance was preempted by any state or federal law.
The Metropolitan Milwaukee Assn. of Commerce, which called the law a “job killer,” had challenged the city ordinance.
Amy Stear, state director of 9to5, the National Assn. of Working Women, said the group will appeal the decision.
“While we are disappointed that Judge Cooper did not uphold the ordinance, we think higher courts will strike down the narrow grounds on which he based his ruling,” Ms. Stear said in a statement.
The MMAC and city of Milwaukee could not be immediately reached for comment.
As a result of the ruling, only two cities—San Francisco and Washington—have laws in place setting paid sick day standards. Milwaukee's ordinance was the first and only one that had mandated paid time off for victims of domestic violence, sexual assault or stalking.
Meanwhile, U.S. Sen. Edward Kennedy, D-Mass., and Rep. Rosa DeLauro, D-Conn., have said they intend to reintroduce the Healthy Families Act that would give workers up to seven paid sick days a year to recover from an illness or to care for a sick family member. The legislation was presented initially while President Obama was a U.S. senator.
The ruling on the Milwaukee ordinance can be found at www.mmac.org.
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