January 14. 2009 2:00AM - Last modified: March 14. 2012 12:15PM

Hispanic Chamber denounces Milwaukee sick leave mandate

By Jim Butman

The Hispanic Chamber of Commerce of Wisconsin (HCCW) is taking a stand against the sick leave mandate in the City of Milwaukee.

"We will continue to advocate for members of the HCCW and in particular new and smaller Hispanic businesses that will find compliance with the new Milwaukee sick leave policy expensive and readily even fatal to their survival in this business climate. The Hispanic community and Milwaukee at large deserves better than providing disincentives to starting or continuing business as reflected in the sick leave program. Any small business will run into this complex and ill conceived law without the benefit of a Human Resource Department," said Maria Monreal-Cameron, president and chief executive officer of the HCCW.

Monreal-Cameron said the HCCW's board was advised about the impact of the mandate by attorneys from Gonzalez, Saggio & Harlan LLP regarding the sick leave.

Jerry Gonzalez, long-standing counsel for the HCCW, said, "Rarely have we seen a community have to adjust to such a dramatic change of law in a major urban area. This is truly a difficult situation for Milwaukee-area business, and all eyes will be on the court.  If the ordinance somehow survives, implementation will be difficult for the city and compliance extremely difficult for business."

Jill Hall, a senior employment attorney with the law firm, said, "Milwaukee has become only the third major city in the country to pass sick leave legislation. The most problematic issues of coordinating current employer paid leave policies are anticipated to be in the areas regarding permitted use of the paid sick leave and identifying the family members for whose care sick leave is being taken. The ordinance is far more permissive toward employee absence than the Wisconsin or Federal Family and Medical Leave Act (FMLA)."

The Metropolitan Milwaukee Association of Commerce (MMAC) has filed a lawsuit to stop the mandate, which would require employers in the city to provide a minimum amount of paid sick leave for all employees. The mandate was approved by 68 percent of the voters in the city on Nov. 4. The mandate is scheduled to go into effect Tuesday, Feb. 10.

The MMAC is asking Milwaukee County Circuit Judge John DiMotto for an injunction against the mandate. DiMotto has postponed his hearing on the lawsuit until Friday, Feb. 6.


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