And Wendy is wrong again. The requirement with respect to these expenses applies only to foreign workers who are seeking employment. This requirement does not apply to foreign workers who are employed — whether they are renewed or transferred. This is very clearly spelled out on the permit itself.
This is the reason why it is a fair requirement: Foreign workers sometimes need more time to find a job — beyond the thirty-day period to transfer provided in the law — because these are hard economic times. It is difficult to find a job. But given time, a talented and skilled foreign worker can find a job that has not been claimed by a U.S. citizen. That helps the commonwealth’s economy. In return for that extra time, the commonwealth asks these foreign workers to agree that they will not become a financial burden on the commonwealth.
We ask for this reason: An employer’s responsibility for the medical expenses of a former employee extends through 96 days after the end of the employee’s contract. Judge Bellas set that limit in a court opinion. If a foreign worker has medical expenses during the time on the job or in the 96 days (after the job is over) that was allowed by Judge Bellas, those medical expenses are the employer’s responsibility. The employer’s responsibility never changes. However, if the foreign worker has medical expenses after that time, and the employer is no longer responsible, then the foreign worker should not be a financial burden on the commonwealth.
As for repatriation, if we give more time to find a job, the employer or the bonding company could disappear. Again, these are hard economic times and businesses fail. If the employer is no longer there, the commonwealth may lose the claim against the employer for repatriation expenses. Then, if the worker is repatriated, the taxpayers would have to pick up that expense. In the arrangement set out in the two-year permit, the foreign worker agrees that, under these circumstances, the worker will pick up these expenses, not the commonwealth taxpayer.
It is a fair exchange. The commonwealth allows foreign workers to stay a little longer and look for jobs. The foreign workers allow the commonwealth to be assured there will be no financial burden on the taxpayers. This works for everyone.
And Wendy is wrong on another count. This requirement with respect to medical expenses and repatriation expenses is nothing new. This requirement has been in place for nearly a year. It is a part of the program for extensions of time for transfer.
When the Department of Labor was considering whether to allow extensions of time to transfer, we sought the views of the foreign workers and their representatives. We had a meeting at the department that was well-attended. We asked what people thought was fair. The compromise I have described above — more time to look for jobs for the workers and more assurance against financial burdens for the community — was hammered out at that meeting. We also discussed what would be a fair fee to reimburse the department for all the extra time and effort that would go into implementing this compromise. Only then did the department put the compromise into place.
I can report that the foreign workers have been scrupulous in honoring this agreement. There has been no burden on the commonwealth’s taxpayers.
Wendy elected not to participate in the process of developing this program. That is her right. And she elected not to give us her views about medical expenses and repatriation expenses while we were considering this issue. That is her right. And then she elected to complain. That is also her right.
I am glad that Wendy has changed her position and is no longer urging foreign workers not to accept the two-year permit. Her advice was wrong; and foreign workers who relied on that advice could have been hurt.
DEANNE SIEMER
CNMI Department of Labor
