Attorney General Ken Paxton and Republicans in the Legislature are taking aim at Houston ISD, arguing that the district’s COVID sick day policy violates state law.
This academic year, Houston ISD is offering 10 additional days of paid sick leave to employees who are vaccinated against the coronavirus but test positive during the school year. Unvaccinated staff, however, must use personal leave time if they are infected.
In a nonbinding opinion last week, Paxton said the policy likely constitutes a “vaccine passport,” the documentation certifying a person’s vaccination status shown in exchange for “entry or services.” The GOP-led Texas Legislature last year outlawed such requirements for both private businesses and public agencies, and Gov. Greg Abbott issued a similar executive order banning the practice last summer.
“A court would likely conclude that, by offering additional paid leave only to those employees showing proof of COVID-19 vaccination or a medical exemption, the Houston Independent School District’s COVID-19 paid leave policy violates” the executive order, Paxton wrote.
Tejal Patel, a spokesperson for Houston ISD, said Paxton’s opinion “does not change the implementation” of the district’s paid leave policy. The last day of classes is just about seven weeks away.
“No court has ruled that the district’s policy of awarding additional leave days to vaccinated employees violates” the executive order, Patel said. “The district continues to evaluate its COVID protocols in our efforts to maintain a safe learning and working environment.”
The point of this was that since HISD couldn’t mandate that employees get vaccinated, they took the approach of incentivizing it by offering a reward to those who did. And it worked pretty well, as the story notes – over 20,000 of the district’s 24,000 employees have been vaccinated. In practice, this is no different than a million corporate wellness programs out there. The one I’m most familiar with offered a discount on your health insurance premium if you jumped through certain hoops, which ranged from things like taking a dumb survey to getting a blood test. If you participated – it was completely voluntary – you got a couple hundred bucks off the cost of your insurance for the year. This made sense for the insurer as well, as it (supposedly, at least) led people towards healthier lifestyles, which meant they’d pay out fewer claims.
So I struggle to see how one differs from the other. Except of course that we’re dealing with the extremely whiny snowflakes who refuse to get a COVID shot and who therefore must be catered to at every turn by politicians like Ken Paxton and Paul Bettencourt, who requested the opinion. God knows, we cannot deprive these special delicate flowers of anything. I approve of HISD’s response. So far, the school districts have done pretty well for themselves ignoring Paxton and Abbott. No guarantees here, and of course the Lege can deal with this next year if the Republicans remain in control, but for now I’d say keep on keeping on and hope for the best.
What does the teachers union have to say about the two tiered benefits system? But from my reading of this post, I don’t quite understand the policy. Is the added ten days of leave only given to those who are vaccinated and test positive for corona virus? That’s my reading of it–it’s not ten added sick days to use for any illness or medical procedure–only if they test positive.
The policy is idiotic, in my opinion. It is best for sick teachers to stay at home, and providing them adequate sick leave is the best policy for all. It is petty and aggressive and divisive to offer the ten days only to those who prove they are vaccinated. Especially when you admit that the vaccines don’t work–you are saying that the vaccinated people can and probably still will get corona virus. And they’re going to need ten extra days to deal with it.
Oh, thank God Dr. Hochman is back to offer up his usual bit of wit and wisdom and idiocy.