Commentary: Worker and community organizations support the Bernalillo County ordinance that gives employees paid time off for health, family, and domestic violence related issues, but call for improvements so it helps more working people.
“We are disappointed that the ordinance was watered down, but we still believe this is a victory for Bernalillo County’s working families. Everyone needs paid time off when they are sick, and this law makes that a reality for more people,” said Zeke Sanchez-Taylor with OLÉ.
In a questionable political maneuver, after Bernalillo County Commissioners passed the ordinance on August 20, business lobbyists began pressuring commissioners to weaken it.
In response, Commissioners Pyskoty and Quezada introduced an amendment to limit its coverage. It requires businesses with two to ten employees provide only 28 hours of leave. Businesses of this size represent 80% of businesses in the county. The same amendment requires larger businesses provide between 44 and 56 hours of leave annually depending on their size.
In addition, Commissioner O’Malley introduced amendments to have the ordinance go into effect in January instead of July and to remove the 90 day delay for workers to accrue paid time. Commissioner Quezada also introduced an amendment that would increase the penalty to employers who retaliate against their workers.
All amendments passed.
Workers and community advocates called on commissioners to stick with the original ordinance passed through an open democratic process. The original ordinance guaranteed 56 hours of paid time off to workers at businesses with at least two employees in unincorporated areas of the county. Workers would accrue one hour of paid time off for every 32 hours they work.
“Workers are the cornerstone of our local economy, and we are proud of their contributions,” said Olga Santana with El CENTRO de Igualdad y Derechos. “We urge the Bernalillo County Commissioners to do what is best for working families in the future.”
“After several open, deliberative, and fair hearings, the Bernalillo County Commission passed a compromise paid time off ordinance,” said Eric Griego with New Mexico Working Families Party. “This amended ordinance is much weaker, but we hope to work with current and future commissioners to improve its coverage and enforcement.”
“Providing only 28 hours of earned paid time off for 80% of businesses in the county severely underestimates the real needs of workers experiencing real health or personal challenges like extended illnesses or addressing domestic violence,” said Stephanie Welch with New Mexico Center on Law and Poverty. “Twenty-eight hours of leave per year to take care of yourself, family or loved ones is simply not enough for most employees. It should be increased in the future.”
Background
The Chair of the Bernalillo County Commission, Maggie Hart-Stebbins, introduced the original earned sick leave ordinance on May 14, 2019. After consulting with business and community groups, she introduced a compromise earned paid time off ordinance on June 25 that incorporated several of their suggestions.
At the August 20 commission meeting, several additional amendments requested by business groups were made, including phasing in the ordinance over three years, delaying the start date until July 2020, reducing the penalties for non-compliance, and extending the time for county officials to investigate and exhaust remedies before an employee would be eligible to bring a complaint before the district court.
At that same meeting, Commissioner Pyskoty introduced an amendment that would have severely limited the ordinance’s coverage. The majority of the Commission rejected the Pyskoty amendment. The ordinance passed with a three to two majority, with Commissioners Hart-Stebbins, O’Malley, and Quezada voting in favor.