Al Qaeda Commander Killed for the 3rd Time

The second in command of al Qaeda's Yemen affiliate was reportedly killed in an airstrike in Yemen in December, according to a news report by Arabic television network Al Arabiya, the third time the former Guantanamo detainee has been reported dead since 2010.

According to the report, Said al-Shihri died last month after sustaining severe injuries from a joint U.S.-Yemeni airstrike that targeted a convoy in which he was riding. The al Arabiya account, based on information from "family sources," said that the airstrike left al-Shihri in a coma. He allegedly died soon after and was buried in Yemen.

On Tuesday afternoon, hours after the initial report, a Yemeni government official denied having any information regarding the death of al-Shihri, according to Arabic news site al-Bawaba.

No photos of a body have yet surfaced and no mention of his death has appeared on jihadi forums.
This is the third time al-Shihri, the second in command of al Qaeda in the Arabian Peninsula (AQAP), has been reported killed since 2009. In 2010, the Yemeni government claimed it had captured him. In September 2012, Yemeni news sites reported he was killed in an American drone strike.

PHOTOS: Terrorists Who Came Back from the Grave

READ: Gitmo Detainee turned terror commander killed: Reports

Al-Shihri, a "veteran jihadist," traveled to Afghanistan shortly after the Sept. 11, 2001 terror attacks to fight coalition troops, only to be captured weeks later, according to West Point's Combating Terrorism Center. He was sent to the U.S. prison in Guantanamo Bay, Cuba, where he stayed for six years before being released to Saudi Arabia. There, he entered a so-called "jihadi rehab" program that attempted to turn terrorists into art students by getting them to get "negative energy out on paper," as the program's director told ABC News in 2009.

READ: Trading Bombs for Crayons: Terrorists Get 'Art Therapy'

But just months after he supposedly entered the fingerpainting camp, al-Shihri reappeared in Yemen where he was suspected to have been behind a deadly bombing at the U.S. embassy there.

At the time, critics of the "jihadi rehab" program used al-Shihri as evidence that extremists would just go through the motions in order to be freed.

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Israel goes to polls, set to re-elect Netanyahu

JERUSALEM (Reuters) - Israelis voted on Tuesday in an election widely expected to win Prime Minister Benjamin Netanyahu a third term in office, pushing the Jewish State further to the right, away from peace with Palestinians and towards a showdown with Iran.

Netanyahu has vowed to pursue the settlement of lands seized during the 1967 Middle East war if he stays in power, a policy that would put him at odds with his international partners and worsen already tense ties with U.S. President Barack Obama.

Polls predict Netanyahu's Likud party, which has forged an electoral pact with the ultra-nationalist Yisrael Beitenu group, will take the most seats in the parliamentary election, albeit considerably fewer than they had originally hoped.

"We want Israel to succeed, we vote Likud-Beitenu ... The bigger it is, the more Israel will succeed," Netanyahu said after casting his ballot alongside his wife and two sons.

Some 5.66 million Israelis are eligible to vote, with polling stations staying open until 10 p.m. Full results are due by Wednesday morning, opening the way for coalition talks that could take several weeks to wrap up.

No Israeli party has ever secured an absolute majority, meaning that Netanyahu, who says that dealing with Iran's nuclear ambitions is his top priority, will have to bring various allies onboard to control the 120-seat Knesset.

The former commando has traditionally looked to religious, conservative parties for backing and is widely expected to reach out to the surprise star of the campaign, self-made millionaire Naftali Bennett who heads the far-right Jewish Home party.

Bennett's youthful dynamism has struck a chord amongst Israelis, most of whom no longer believe in the possibility of a Palestinian peace deal, and has eroded Netanyahu's support base.

Surveys suggest he may take up to 14 seats, many at the expense of Likud-Beitenu, which was projected to win 32 in the last round of opinion polls published on Friday -- 10 less than the two parties won in 2009 when they ran separate lists.

Such a result might embarrass Netanyahu, but would still leave him in pole position to form the next government. Acknowledging the threat, Netanyahu's son Yair urged young Israelis not to abandon the old, established Likud.

"Even if there more trendy parties, there is one party that has a proven record," he said on Tuesday after voting.

Portraying himself as a natural partner for the prime minister, Bennett has alarmed those who want to see an independent Palestinian state created alongside Israel, by calling for the annexation of chunks of the occupied West Bank.

"I pray to God to give me the power to unite all of Israel and to restore Israel's Jewish soul," Bennett said on Monday at a final campaign appearance before Jerusalem's Western Wall.

However, some political analysts have speculated that Netanyahu might seek to project a more moderate image for Israel on the world stage and look to share power with centrist parties, such as Yesh Atid (There is a Future) - a newly formed group led by former TV host Yair Lapid.

ARAB UPRISING

Israel's main opposition party, Labour, which is seen capturing up to 17 seats, has already ruled out a repeat of 2009, when it initially entered Netanyahu's cabinet, promising to promote peace negotiations with the Palestinians.

U.S.-brokered talks collapsed just a month after they started in 2010 following a row over settlement building, and have laid in ruins ever since. Netanyahu blamed the Palestinians for the failure and says his door remains open to discussions.

Palestinian President Mahmoud Abbas says he won't return to the table unless there is a halt to settlement construction.

That looks unlikely, with Netanyahu approving some 11,000 settler homes in December alone, causing further strains to his already notoriously difficult relations with U.S. President Barack Obama, who was sworn in for a second term on Monday.

Tuesday's vote is the first in Israel since Arab uprisings swept the region two years ago, reshaping the Middle East.

Netanyahu has said the turbulence - which has brought Islamist governments to power in several countries long ruled by secularist autocrats, including neighboring Egypt - shows the importance of strengthening national security.

If he wins on Tuesday, he will seek to put Iran back to the top of the global agenda. Netanyahu has said he will not let Tehran enrich enough uranium to make a single nuclear bomb - a threshold Israeli experts say could arrive as early as mid-2013.

Iran denies it is planning to build the bomb, and says Israel, widely believed to have the only nuclear arsenal in the Middle East, is the biggest threat to the region.

The issue has barely registered during the election campaign, with a poll in Haaretz newspaper on Friday saying 47 percent of Israelis thought social and economic issues were the most pressing concern, against just 10 percent who cited Iran.

One of the first problems to face the next government, which is unlikely to take power before the middle of next month at the earliest, is the stuttering economy.

Data last week showed the budget deficit rose to 4.2 percent of gross domestic product in 2012, double the original estimate, meaning spending cuts and tax hikes look certain.

(This story has been corrected to add dropped word in paragraph four)

(Additional reporting by Ori Lewis, Editing by Peter Graff)

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Penguin head-cam captures bird's eye view of hunt

TOKYO: Miniature cameras attached to a penguin's head have given Japanese scientists a bird's eye view of the creature's incredible underwater hunting skills, the lead researcher said Tuesday.

Using video cameras weighing just 33 grammes (around 1 oz) and equipped with accelerometers, depth gauges and thermometres, researchers were able to see exactly what the Adelie penguin sees when it goes out to catch krill and other prey in its native Antarctica.

Yuuki Watanabe, of the National Institute of Polar Research in Tokyo, said the team was amazed to discover that the bird adapts its hunting behaviour depending on what it is trying to snare.

Watanabe said the accelerometer -- a device also used in mobile phones, tablet computers and games consoles -- allowed researchers to precisely measure the bird's head movements and showed how one penguin could catch two krill in under a second.

"Now we know what the Adelie penguin preys on and how much it eats, we can understand how the penguin survives and how it relates to its environment," he said.

The penguin's fragile Antarctic habitat is at risk from climate change, with scientists warning that as pack ice melts, their numbers could fall dramatically.

Watanabe said the tiny cameras and micro equipment had given researchers a much better understanding of how the penguin lives.

"We now understand how much they rely on those fish that inhabit water just below the sea ice, which means that Adelie penguins can only survive in a sea ice environment," said Watanabe.

-AFP/fl

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Demands for Shinde's resignation unwarranted, Narayanasamy says

CHENNAI: Union minister V Narayanasamy said on Tuesday terrorism in any form was 'condemnable' and slammed demands for resignation of home minister Sushilkumar Shinde over his 'Hindu terrorism' remarks.

Shinde had only stated what was already reported in media in connection with the Malegaon and Mecca Masjid blasts, minister of state in the PMO told reporters at the airport.

"Demand for Shinde's resignation is unwarranted. Regarding the Malegaon and Mecca Masjid cases, some from a particular community were involved. Some training camps were found where there were some Hindu fundamentalists. The trial is now happening. He only mentioned what was happening," he said.

There was terrorism in several parts of the country and whoever is involved, it was "condemnable."

"Whether Hindu terrorism or Islamic terrorism, UPA government condemns both," he said.

Shinde had triggered a controversy at the AICC meet in Jaipur by accusing BJP and RSS of conducting terror training camps and promoting "Hindu terrorism." BJP has reacted strongly to the remarks, demanding his sacking while the RSS has dubbed him a "darling of real terrorists".

To a question, Narayanasamy said the Jayalalithaa-led state government was adopting a 'confrontational attitude' with Centre and warned this was not good for smooth relations.

"Without the support of the Centre, the state cannot grow, similarly the state (government's) support is needed for Centre also," he said in the wake of Jayalalithaa's strong criticism of UPA government on many issues.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

___

Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Inauguration: 7.5 Things You Should Have Seen

A presidential inauguration is a big, long event that lasts all day and into the night–and who has time to really watch it? People have jobs, ones that don’t let you off for a federal holiday.

Everyone (or, at least, some) will be talking about it, which means potential embarrassment for anyone who doesn’t know what happened. Thankfully, ABC employs  news professionals stationed in Washington, D.C., to pay attention to these kinds of things and boil off some of the less noteworthy or interesting stuff, presenting you with short videos of everything that really mattered. Or at least the things a lot of people were talking about.

A full day of paying attention to President Obama’s second Inauguration leads one of those professionals to offer these 7 1/2 things:

1. Beyonce Sang the National Anthem

Boy, howdy! Did she ever? Beyonce has essentially become the Obama’s go-to female performer: She recorded a music video for Michelle Obama’s “Let’s Move” initiative in 2011, and she performed at the president’s last inauguration in 2009. Her velvety, soulful “Star Spangled Banner” is getting good reviews.

2. Kelly Clarkson Also Sang

Kelly Clarkson is not as “in” with the First Couple as Beyonce seems to be, but they let her sing “My Country ‘Tis of Thee,” and she did a pretty good job with it. This was kind of weird, though, because at one point she said she loved Ron Paul, although she later said she would vote for Obama.

3.  Obama Talked About Gay Rights

This may not seem shocking since more than half the country, including President Obama, supports gay marriage. But the president made a point of mentioning gay rights during his speech, equating the struggles of the LGBT community with those of  past civil rights movements, and in doing so made history.

He name-checked Stonewall, the New York City bar that was raided by police in 1969 sparking riots to protest the anti-gay crackdown. And he actually used the word “gay”: “Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well,” Obama said in his address.

Plenty of inaugural addresses have been chock full of rhetoric about freedom and equality, but in the last four years, the political culture surrounding gay rights has changed significantly, as more states legalized same-sex marriage and as broad swaths of the country got more comfortable with homosexuality in general. Obama’s “evolution” on gay marriage, and now his inaugural address, have helped signify that change.

4. Joe Biden Made Jokes and Shook Hands With People

Could we expect anything less?

Here’s how the Vice President toasting Sen. Chuck Schumer instead of President Obama at the big luncheon:  ”I raise my glass to a man who never, never, never operates out of fear, only operates out of confidence, and a guy–I’m toasting you, Chuck.” Watch it:

And here he is, scurrying around and jovially shaking hands with people along the parade route:

5. Richard Blanco Read a Poem That Was Sort of Whitman-esque, But Not Entirely

Cuban-born Richard Blanco became America’s first openly gay, Latino Inauguration poet. He read a nine-stanza poem entitled “One Today,” which set a kind of unifying American tableau scene.

6. Obama and Michelle Walked Around Outside The Limo

President Obama walked part of the parade route, from the Capitol to the White House, with Michelle. They waved to people. It is not entirely abnormal for a president to do this at an inaugural parade. But they walked quite a ways.

7. John Boehner: ‘Godspeed’

The speaker of the House presented American flags to Obama and Biden, telling them: “To you gentlemen, I say congratulations and Godspeed.”

7 1/2. Sasha and Malia Were There. 

Obama’s daughters, Sasha and Malia, were there. They didn’t really do much, but they did wear coats of different shades of purple that got a lot of  attention on Twitter.

Reports of the daughters looking at smartphones and applying lip gloss highlighted their day. As did this .gif of Sasha yawning.

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Algeria hostage toll rises with report of Japanese deaths

ALGIERS, Algeria (Reuters) - The hostage death toll from a four-day siege at an Algerian gas plant deep in the Sahara has risen to almost 60, with at least nine Japanese nationals also reported killed in an attack claimed by a veteran Islamist fighter on behalf of al Qaeda.

Algerian Prime Minister Abdelmalek Sellal is expected to give details at a Monday news conference about one of the worst international hostage crises in decades, which left American, British, French, Japanese, Norwegian and Romanian workers dead or missing.

A security source said on Sunday Algerian troops had found the bodies of 25 hostages, raising the total number of hostages killed to 48 and the total number of deaths to at least 80. He said six militants were captured alive and troops were still searching for others.

That number climbed further on Monday when a Japanese government source said the Algerian government had informed Tokyo that nine Japanese had been killed, the biggest toll so far among foreigners at the plant.

One-eyed veteran Islamist fighter Mokhtar Belmokhtar claimed responsibility for the attack on behalf of al Qaeda.

"We in al Qaeda announce this blessed operation," he said in a video, according to Sahara Media, a regional website. He said about 40 attackers participated in the raid, roughly matching the government's figures for fighters killed and captured.

The fighters swooped out of the desert and seized the base on Wednesday, capturing a plant that produces 10 percent of Algeria's natural gas exports, and residential barracks nearby.

They demanded an end to French air strikes against Islamist fighters in neighboring Mali that had begun five days earlier. However, U.S. and European officials doubt such a complex raid could have been organized quickly enough to have been conceived as a direct response to the French military intervention.

The siege turned bloody on Thursday when the Algerian army opened fire saying fighters were trying to escape with their prisoners. Survivors said Algerian forces blasted several trucks in a convoy carrying both hostages and their captors.

Nearly 700 Algerian workers and more than 100 foreigners escaped, mainly on Thursday when the fighters were driven from the residential barracks. Some captors remained holed up in the industrial complex until Saturday when they were overrun.

The bloodshed has strained Algeria's relations with its Western allies, some of whom have complained about being left in the dark while the decision to storm the compound was being taken. Nevertheless, Britain and France both defended the Algerian military action.

"It's easy to say that this or that should have been done. The Algerian authorities took a decision and the toll is very high but I am a bit bothered ... when the impression is given that the Algerians are open to question," said French Foreign Minister Laurent Fabius. "They had to deal with terrorists."

British Prime Minister David Cameron said in a televised statement: "Of course people will ask questions about the Algerian response to these events, but I would just say that the responsibility for these deaths lies squarely with the terrorists who launched this vicious and cowardly attack.

"We should recognize all that the Algerians have done to work with us and to help and coordinate with us. I'd like to thank them for that. We should also recognize that the Algerians too have seen lives lost among their soldiers."

Algeria had given a preliminary death toll of 55 - 23 hostages and 32 militants - on Saturday and said it would rise as more bodies were found.

STAFF MISSING

The security source said that toll did not include the bodies of 25 hostages found on Sunday. The search was not over, and more could yet be found, he said.

Before Monday, the Japanese government and engineering firm JGC Corp, which had several dozen employees working at the plant, had said only that 10 Japanese were unaccounted for.

JGC is due to give an update regarding its staff in Algeria later on Monday.

Among other foreigners confirmed dead by their home countries were three Britons, one American and two Romanians. The missing include five Norwegians, three Britons and a British resident. The security source said at least one Frenchman was also among the dead.

Algeria is determined to press on with its energy industry. Oil Minister Youcef Yousfi visited the site and said physical damage was minor, state news service APS reported. The plant would start up again in two days, he said.

The Islamists' assault has tested Algeria's relations with the outside world and exposed the vulnerability of multinational oil operations in the Sahara.

Algeria, scarred by the civil war with Islamist insurgents in the 1990s which claimed 200,000 lives, insisted from the start of the crisis there would be no negotiation in the face of terrorism.

France especially needs close cooperation from Algeria to crush Islamist rebels in northern Mali.

(Additional reporting by Anton Slodkowski in Tokyo, Balazs Koranyi in Oslo, Estelle Shirbon and David Alexander in London, Brian Love in Paris and Daniel Flynn in Dakar; Writing by Peter Graff; Editing by Paul Tait and Nick Macfie)

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Business in Taiwan's Wowprime brisk despite slowing economy

TAIPEI: 2012 was a slow year for many industries in Taiwan except for the food and beverage industry, which bucked the trend.

Leading the pack is Taiwan's biggest restaurant chain, Wowprime. It is aiming to cater to the rest of the world.

Wowprime's Wang Steak restaurant is fully occupied almost all year round. Business did not seem to be affected by a slowing economy.

Many customers visit it for its signature dish - prime rib selected from only the six best pieces of a cow.

But it is not just the steak that draws the crowd. Some customers also appear to be fans of Steve Day, the chairman of Wowprime.

The 59-year-old started his first restaurant, Wang Steak, 20 years ago.

Today, he has 11 brands under his belt with 275 restaurants on both sides of the strait.

Among its 11 brands, there is a French-style teppanyaki restaurant which opened in 2005, and a low-priced hot pot chain in 2009, which is very popular among young Taiwanese. Recently, it added coffee shops to its latest venture.

The company's revenues have grown an average of nearly 30 per cent in the last three years. To keep the business growing, it plans to build one new brand every two years.

Mr Day said: "In a small market, you must have a number of brands in order to satisfy the customers. If you focus on one brand, it tends to stop growing once you reach the maximum size of the market."

Wowprime's ultimate ambition is to go global. It is already teaming up with Jollibee of the Philippines to open hot pot chains in China.

By 2020, it hopes to have 1000 restaurants worldwide.

Mr Day is confident the target can be achieved ahead of schedule because nobody can resist good food.

He said: "Every dish we bring to the table has gone through many levels of elimination. At the end, we choose only one from the best 50 dishes. So it must be the most delicious."

Competitive pricing is another key to Wowprime's success.

Mr Day said all of its cuisines are priced at 30 per cent below market. And to achieve this, the group has to keep a cap on its profit margin.

Mr Day said: "We have set a ceiling for our annual earnings. Our group earnings must not exceed 10 per cent. If the number exceeds 10 per cent, that means what you offer to your guests are not good enough. But the earnings must not fall below 10 per cent either because that would make the employees worry."

The pricing strategy has made Wowprime one of the fastest growing companies in Taiwan, and it is hoping to win over customers in the rest of the world.

- CNA/xq

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Shinde has become the darling of LeT, JuD: RSS

NEW DELHI: Rashtriya Swayamsevak Sangh (RSS) spokesperson Ram Madhav said on Monday that Union home minister Sushil Kumar Shinde's comment on Hindu terror have made "real terrorists" like the Lashkar-e-Taiba (LeT) and the Jamaat-ud-Dawa (JuD) very happy, and added that they have welcomed it.

"Today, Jamaat ud Dawa etc. congratulated Shinde. Now, he has become the darling of real terrorists. It is Shinde who is helping our enemies by such statements. Now, even the LeT has welcomed his statement I am told," Madhav tweeted.

"Shinde says what he said abt Hindu terror is what was reported in media. Then he shud b a news reader, not home minister of India," he added.

On Sunday, Shinde alleged that the training camps run by the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP) were promoting Hindu terrorism. He also alleged that the RSS and the BJP were behind the Samjhauta Express, Meccca Masjid and Malegaon blasts.

Later, defending himself, Shinde said that he didn't say anything new and only spoke about saffron terrorism which has already been talked about many a times in newspapers.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

___

Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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