# What the Freight Rail Workforce Health and Safety Act Does

This bill requires major freight railroads to give their workers paid sick leave for the first time. Right now, many railroad employees don't have any guaranteed paid time off when they're sick, injured, or need medical care. The bill would change that by requiring Class I railroads (the largest freight rail companies) to provide at least seven days of paid sick leave per year to their employees within 60 days of the law passing.

The sick leave can be used for several reasons: if you're physically or mentally ill, if you need to see a doctor for any reason including preventive care, if you need to care for a family member who's sick, or if you're dealing with domestic violence, sexual assault, or stalking. For example, an employee could use a sick day to go to a routine checkup, care for a sick child, or seek help from a domestic violence shelter. The employee gets paid their regular hourly wage for each day of sick leave used, and any unused days carry over to the next year.

The bill also protects workers from retaliation. Railroads can't fire, suspend, demote, or discipline someone for using sick leave, and they can't hold it against an employee when deciding whether to promote them or provide training. If an employee knows they'll need time off in advance, they have to request it at least seven days ahead. For unexpected situations, they just need to ask as soon as possible. Importantly, railroads can't require employees to find someone to cover their shift before approving sick leave.

The bill does allow railroads and unions to negotiate for additional sick days beyond the seven-day minimum through collective bargaining agreements, but seven days becomes the guaranteed floor that no railroad can go below.

Freight Rail Workforce Health and Safety Act

Payne, Donald M.

Freight Rail Workforce Health and Safety ActThis bill requires Class I railroad carriers to provide employees with at least seven days of paid sick leave per calendar year. Other forms of accrued leave or unpaid leave (e.g., personal days and vacation) do not count as days of paid sick leave. An employee's unused paid sick leave must carry over annually on January 1.An employee must be permitted to use paid sick leave for reasons including <ul><li>a physical or mental illness, injury, or medical condition; </li><li> obtaining diagnosis, care, or preventive care;</li><li>caring for the child, parent, spouse, or domestic partner of an employee, or other related individual; or</li><li>an absence resulting from domestic violence, sexual assault, or stalking. </li></ul>An employee must request leave seven days in advance for foreseeable leave and as soon as practicable for unforeseeable requests. Use of leave cannot be contingent on the requesting employee finding a replacement to cover any work time to be missed. Further, a railroad carrier may not retaliate against an employee (e.g., dismiss, suspend, discipline, or deny promotion) for requesting the use of or having used paid sick leave. The bill includes an enforcement provision prohibiting the Department of Transportation from approving a mandatory plan under the Risk Reduction Program for any railroad carrier that has not complied with the bill's paid sick leave requirements.