AUGUSTA -- Senate President Elizabeth Mitchell is behind a renewed push to require Maine businesses to provide paid sick time to employees, in part because of concerns over the spread of the H1N1 flu virus.

Mitchell, D-Vassalboro, is working with the Maine Women's Lobby, Maine Coalition to End Domestic Violence and others to promote "An Act to Aid in the Prevention of the Spread of H1N1 Influenza by Ensuring the Provision of Earned Paid Sick Time."

During a conference call with reporters Tuesday, Mitchell said she considers H1N1 "a public health emergency" that demands that workers stay home when they are sick. But it will be hard to stay home for the estimated 47 percent of full-time private sector workers in Maine who don't get paid sick time, she said.

"That is a particularly cruel piece of advice if you don't have a paid sick day," she said.

The legislation is a revised version of a bill that failed to pass the Maine House in 2008.

Business groups -- the Maine State Chamber of Commerce and National Federation of Independent Business/Maine -- are critical of the new bill, saying businesses can't afford to extend new benefits.

"No matter how well intentioned, in this economic climate I just think it's incredible to expect small business to pick up this added cost when so many of them are struggling to survive," said Peter Gore, a lobbyist with the Maine State Chamber of Commerce.

The legislation, expected to go to the Labor Committee when the Legislature reconvenes in January, would require businesses with fewer than 25 employees to allow workers to accrue one hour of sick time for every 80 hours worked.

That equals just fewer than four paid sick days per year, and would apply to full-time and part-time workers.

For large businesses, the law would require that workers be allowed to earn up to six paid sick days a year.

The days could be used for illness, preventive care, to tend to a family member if there's a public health emergency, and in instances of domestic violence, sexual assault or stalking.

Maine would be the first state in the country to mandate paid sick time, but three cities -- Milwaukee, San Francisco and the District of Columbia -- have similar provisions, said Sarah Standiford, executive director of Maine Women's Lobby.

Legislation is also pending in at least 12 states, she said.

Dr. Daniel Summers, a Winthrop doctor who specializes in adolescent medicine and pediatrics, said patients recover faster if they stay home when sick.

"As a pediatrician, I see parents and children every day who are ill and had to delay coming to see me because they can't get time off," he said.

And Jill Barkley, public awareness and policy coordinator for the Maine Coalition to End Domestic Assault, said current Maine law allows victims to take unpaid "safe days" so they attend court proceedings. But many women are single parents who can't afford to take unpaid time off, she said.

Gore said lawmakers rejected a similar proposal in early 2008, when the state's unemployment rate wasn't as high as it is now.

"No one wants people to come to work when they are sick," he said. "But there are some businesses, large and small, that don't provide paid sick leave because they can't afford to."

David Clough, state director of NFIB/Maine, which represents small businesses, said his membership will oppose the bill.

"In the worst recession since the Depression, it would be unfortunate to be imposing significant new costs on jobs when what we need is significant new jobs," Clough said.

Mitchell -- who is an announced candidate for governor -- said paid sick time is essential to reduce the spread of H1N1, particularly since food-service, child-care and nursing-home workers often don't get to take paid time off if they are sick.

"It's a responsible approach," she said. "In a recession, people's wages are more important than ever."

Susan Cover -- 620-7015

scover@centralmaine.com