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Jodie Levin-Epstein

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Paid Sick Days Laws Could Become Contagious

Posted: 06/10/11 01:23 PM ET

It may be time to say, "As Connecticut goes, so goes the nation." Any day now, Connecticut's governor is expected to place his John Hancock on a bill that will make Connecticut the first state in the nation to enact a minimum standard for paid sick days. That sends "an important signal to the other 49 states," as state House Speaker Christopher Donovan noted when the bill passed.

State law is necessary because the United States has no federal paid sick days law for private sector employees. The United States is an outlier among the 15 most competitive nations when it comes to providing paid sick days. It's the only country in the bunch that doesn't have a law mandating sick time. The lack of federal law has sown a growing movement at the state and local level to pass paid sick days legislation. That's because 42 percent of the nation's private sector workforce -- 44 million workers -- do not get paid if they take a day off when the flu strikes or after Johnny breaks his arm sliding into first base. For the 44 million workers, taking time off for health can translate not only into lost wages but, too often, lost jobs.

With Connecticut leading the way, paid sick days laws may be contagious. There are active advocacy campaigns in about 20 cities and states, and bills are progressing in a number of states including California and Massachusetts.

The Connecticut law mandates that service-sector employers with more than 50 employees provide paid sick days. Employees get one hour of sick leave for every 40 hours worked. Between 200,000 to 400,000 service workers, including restaurant workers, cashiers, security guards and hotel workers will be covered starting in 2012.

Connecticut Governor Dan Malloy puts it plainly: paid sick days is "good public policy and specifically, good public health." Malloy, notably, spoke up for paid sick days as a gubernatorial candidate. His election demonstrates that paid sick days is not just good public policy -- it can be good politics too.

In politics, public opinion is nothing to sneeze at. Polls repeatedly demonstrate that the public wants legislation that provides paid sick days. A 2010 national poll (PDF) found the overwhelming majority of Americans, fully 86 percent, think there ought to be a law in which workers earn seven days. Nearly 65 percent of self-described "strong Republicans" view paid sick days as a basic workers' right. A recent New York City poll (PDF) found nearly 90 percent, including 75 percent of Republicans, support all workers being allowed to earn at least five paid sick days.

In Connecticut, members of the Small Business Network for Paid Sick Days were a key part of the winning coalition. In the words of Louis Lista, who owns the Pond House Cafe, "providing decent benefits like paid sick days, even to workers in the food service industry, can pay real dividends for a business." Although some employers -- and particularly their trade associations -- in Connecticut oppose anything but business-as-usual, employers around the country are coming out in support.

Employer voices for paid sick days laws are changing the political calculus in states and cities around the country. In Massachusetts, where a bill is pending in the legislature, at least 14 employers are already on record in support of government action. In New York City, numerous businesses not only testified and spoke at rallies last year, but many have also helped mobilize other employers.

Employers in San Francisco are perhaps the strongest voice for paid sick days, since they have actual experience with a law approved four years ago. Nearly two thirds of San Francisco employers support the law. Even some San Francisco business owners who had been skeptical are now advocates for paid sick days. Sam Mogannam who owns Bi-Rite, a local community market and creamery, was originally apprehensive about the legislation, but now views the law as a morale booster for employees. Zazie restaurant owner Jennifer Piallet says she initially worried that employees would abuse the leave, but has been "pleasantly surprised" that her workers have taken leave "responsibly; " Piallet now says the policy improves her profitability in part because contagious workers stay home.

The public wants it, politicians can win office with it, employers with experience of it overwhelmingly support it. It's just a matter of time before it spreads to many more places. Of course, for big employers who would be faced with implementing distinct local and state laws across their national workforce, that could translate into more than a sinus headache; indeed, the best medicine just might be a federal standard.

 
It may be time to say, "As Connecticut goes, so goes the nation." Any day now, Connecticut's governor is expected to place his John Hancock on a bill that will make Connecticut the first state in the ...
It may be time to say, "As Connecticut goes, so goes the nation." Any day now, Connecticut's governor is expected to place his John Hancock on a bill that will make Connecticut the first state in the ...
 
 
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oilfield
large employer per obamacare
11:32 PM on 06/12/2011
as a small business owner, sick days are the thing that employees abuse the most....they figure if they get them, then they should use them.
there are usually 7-8 paid holidays a year
employees get 5-15 days of paid vacation a year
there are 20-23 work days a month
so we already pay some folks to not work a whole month
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11:17 AM on 07/06/2011
In the EU everyone gets 20 Vacation Days after one year of labor, and Sick Time. Somehow the EU has more small business than the USA.
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Robert SF
02:01 PM on 06/12/2011
Please, the idea that worker's rights are on the uptick is too ridiculous to contemplate. The Republicans will soon finish taking us back to the 19th century, when sick employees actually had to pay a fine to their employers for causing a loss through their absence.
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brokerallen
The Middle Class Needs To Take Back America
09:58 PM on 06/17/2011
I believe you are completely right.
12:18 PM on 06/12/2011
This article is ridiculous. It states over and over again, how wonderful paid sick days benefits are for every business. And then claims we need to make it a law to force businesses do this thing that is 100% wonderful for everyone involved. If it's so wonderful for businesses and helps them succeed and prosper, then there is no logical need to make these benefits required by law.

This article does a great job of undermining it's own objective of selling the need for this law.
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FogBelter
Illegitimis non carborundum
09:00 AM on 06/12/2011
Paid sick leave makes business sense, for it is better for one ill employee to stay home and recuperate than to come into work and make their coworkers, and possibly clients or customers sick.
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Y3rMawm
veni, vidi, bibi.
01:14 PM on 06/12/2011
Exposure tends to help our bodies develop resistance.
08:30 AM on 06/12/2011
This is a good law for employees who work for a company with 50 or more employees. But what of the smaller companies? I live in a county of about 250,300 people (according to the 2010 census figures). While we have many employers with over 50 employees, we have many, many small businesses who support the various communities. Potentially, that is a lot of sick people working on any given day in pharmacies, coffee shops, party stores, gas stations, restaurants and cafes, hair salons, florists, nonprofits, movie theaters, etc. I wonder if the employees of these smaller businesses need the benefits of sick days too, or would that create too much of a burden on the employer?
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Eileenla
Author, "Sacred Economics"
07:20 AM on 06/12/2011
"presenteeism" which is defined as I'll works showing up in order to collect their paychecks or avoid disciplinary action, is responsible directly for some $200 billion in lost productivity every year. I'll employees spread disease and cause work slowdowns far in excess of what we'd experience if we encouraged them to stay home. It spreads to schools, comes home to families and results in incalculable medical and social costs...all because employers fear their workers will "take advantage." maybe they should ask themselves what kind of job environment they're creating, if people would rather pretend to be sick than show up?
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zSpin2001
All your base are belong to us.
10:55 PM on 06/11/2011
When I have manage people and they take those earned days off, I didn't give a rat's patootie if they were sick or they need a mental health day. They need it, they've earned it, so I told them to take it. I found that when they worked under those conditions they were much more likely to give me their all when they were at work. The kind of work we did also had the possibility of killing large numbers of people if we screwed up. This idea that we are holier than thou needs to take a back seat to what's important in this world. I don't understand why we have to have this attitude that we have to stick it to every person for things that we ourselves see as important and worthwhile.
03:27 PM on 06/11/2011
Is it really good for business having food handlers, servers, cashiers and sales people who are working while they're sick? This would seem to be a no-brainer.
01:35 PM on 06/11/2011
The first thing a conservative will say is this is welfare legislation because you are paying someone not to work. The second thing a conservative will say is that this a redistribution of wealth from the innovate and entrprenurial capitalist to idle labor. Believe me, even if they don't say it, they think it.
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golfvue3
It's all ball bearings these days.
09:31 AM on 06/12/2011
Not quite. The first thing I thought of is why in the heck does the government need to get involved if this is such a good idea. If all these businesses are (really) in favor of it, they'll do it without a law.

Next, they'll be a 3 sneeze and you have to go home law.
12:52 PM on 06/12/2011
The third thing a conservative says is let the private marketplace self regulate. What if it is a good idea, but the marketplace doesn't realize that?
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Robert SF
02:05 PM on 06/12/2011
Ah, but we don't adhere to good ideas just because they are good. If we did, we'd be a nation of lean, smoke-free, vegetarians.
08:12 AM on 06/11/2011
I agree with the policy of affording employees sick days. I will say however as one who has managed many businesses I could pretty accurately predict which employees would use every one of their days every year and it is amazing how many of them get used on a nice sunny Monday and or Friday.
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joyf1
Glad I live on an island.
10:38 AM on 06/11/2011
Then those employees should be called in and read the riot act. Too many get punished for the behaviors of a few.
11:54 AM on 06/11/2011
If the policy states they get X number of sick days a year they get them. Our policy used to be if they were out sick for 3 or more days they needed confirmation from a physician. My point was there are always some who will take full advantage of every opportunity and others who will play by a different set of rules. A smart manager is not going to take action to discipline an employee when their actions appear to be disingenuous but within the guidelines. They will however have a long memory and not do any favors for them when they come asking which they will because it's in their makeup.
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zanzig
11:54 PM on 06/11/2011
If you have only 1 or 2 who take their mandated 5 days a year (or whatever number is agreed upon) that does not seem to be that much of a problem. If you have more than 1 or 2, I'd suggest that an employer should be considering the committment of those employees and taking appropriate remedy.
08:31 AM on 06/12/2011
First they are not " mandated" they are there in the event someone gets sick. Second as I point out while some take advantage they are still within the guidelines so taking any punitive action against them would be wrong and I am sure the company would be found guilty if brought up on a charge of say unlawful dischage.
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psnyder325
Yep, I'm a Socialist. Deal.
04:12 AM on 06/11/2011
I am the owner of a small business. I not only approve of paid sick days mandated, but would like to see some other laws enacted on business. And, yes, I already have these for my employees.

1). Any benefit that executives can have, everyone in the company can have. It is both bad business and morally wrong for executives to have great benefits when the rank and file have no benefits or barely acceptable benefits. Institute the same benefits for all employees, esp. at publicly held companies.

2). Stockholder approval of executive compensation. Stockholders are the actual owners of a company. Why, then, do so many companies not only keep them from voting on executive compensation, but keep the amount of executive compensation from their stockholders? We need a law to end this abusive practice and give the company owners back their rightful say in the compensation of their employees.

3). Stop the loophole that allows executives to steal employees' pension funds. As it is now, a special pension fund can be set up for execs that can be funded from employee pension funds....even if employee pension funds then default on their obligation to employees.

There are many more I have ideas for, but am running out of space. More later.
12:25 PM on 06/12/2011
Why would you want to force all businesses to adopt what you consider good management practices? You're undermining your own business and eliminating any competitive advantage you might gain by developing enlightened employee - worker realtionships.

And of course what give you the right to dictate such business management concepts on anyone else? Would you appreciate if some majority of business owners mandated a different set of business management practices on YOU, and mandated that you could NOT have all these enlightened policies? What's wrong with freedom, and letting people decide for themselves?

You're certainly welcome to promote your ideas on management and try to persuade others that it's good for business or ethical, or whatever. Why isn't that enough?
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rda1911a1
God Bless John Browning
09:31 PM on 06/10/2011
Wow I hope some of these busineses pull up stakes and head here for the more friendly atmosphere
08:45 PM on 06/10/2011
We are behind other nations that offer paid sick days? Do the other nations have the equivelant of federally subsidizied days or does it all come out of the pocket of small business owners?

Paid sick days are fine. Go ahead and subsidize them with tax dollars. I feel better about that than giving money to Afghanistan or illegal wars. However placing the burden on small business owners in America when they can least afford it is a sure fire way to drive more businesses into the ground.

Just pass single payer healthcare and 7 federally subsidized sick days instead of guarenteeing insurance company profits by a citizen's tax and making America a perfect storm for big box corporate players while small American businesses drown.

Noblese Oblige is great as long as it is your money.
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zanzig
11:56 PM on 06/11/2011
Australia: not federally subsidised. Mandated sick days are part of the legal awards and conditions of employment and are required to be provided as part of the package of employment. Clearly these conditions are budgetted for by the employer.
08:06 PM on 06/10/2011
"providing decent benefits like paid sick days, even to workers in the food service industry, can pay real dividends for a business."

If that's true, then why use the coercive force of government to intrude on and dictate the terms of a private economic transaction? If it's true, then businesses that choose to offer benefits will gain a competitive advantage and prosper.
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golfvue3
It's all ball bearings these days.
09:33 AM on 06/12/2011
Ah - I couldn't have said it better. F&F
Dayne
People are people
07:19 PM on 06/10/2011
The question is, where do we stop. How many non-work days does an employer have to pay for and what do you think that's going to do for many small businesses.
- 7 paid sick days
- 7-14 paid vacation leave
- Maternity leave
- Health care/Day care
- Mandatory paid Federal holidays (I'm sure this will gain traction also.)

So, as an employer I need to pay an employee for a number of weeks when they are doing no work and generating to revenue. I hope everyone understands the simple math (unlike our govt), that when money goes out and doesn't come in you have a deficit. Let's also throw in things like a livable wage (what does that mean), shorter work days, collective bargaining over work conditions, etc. etc. etc. Don't forget, employers also match employees MC/C contributions (contribution, I call it a tax) and pay a higher percentage of the unemployent taxes than employees, which in itself is grossly unfair.

The entitlement mentality of this country will bury our economy. An employer cannot be responsible for picking up all these extras for pampered employees. Unfortunately, things won't change until our younger generations suffer through catastophic economic collapse and they lose all those perks, which they haven't earned.

Dayne
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angelcakesinc
Silence is death
11:31 PM on 06/10/2011
Sick days... do you want your employees coming in, infecting other workers, or even your customers? Vacations. Many studies have proven that vacations are very important for workers. If they have no time off, eventually they get stressed and take a massive drop in productivity. Maternity leave. Sure, wouldn't you rather a good and experienced worker take off for a little while and then come back, rather than quit when they decide to start a family? Health and day care are both also incredibly important. All of these things are proven to increase employee productivity and loyalty to the business they work for. As for the holidays, that probably won't happen, and will just be taken out of vacation time. Don't you want happy, productive employees, rather than unhappy, unmotivated drones?
03:35 PM on 06/11/2011
American businesses don't care if employees are unhappy, unmotivated drones, they'll just crack the whip a little harder to make them more productive. Maybe, if they're lucky, they'll wonder why all the corporate innovation and creativity went overseas.

As one company motivational poster put it "The flogging will continue until morale improves."
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golfvue3
It's all ball bearings these days.
09:35 AM on 06/12/2011
The way you talk:

1. I'm sure you're willing to pay for all this time off (LOL)
2. You're not a biz owner - not even close.
01:39 PM on 06/11/2011
Maybe they could just work for you 10 hours a day 6 days a week and show their loyalty and support that way.
03:38 PM on 06/11/2011
Why, you should be thankful that you've even got a job! Think of all the people who don't have jobs!
Dayne
People are people
02:30 PM on 06/12/2011
I have many employees who would work 10 hours days, 6 days a week, but I as a business owner can't afford all of that Federally mandated OT. So, those employees work 5 days, 8 1/2 a day. My employees show their loyalty and support by respecting me and my decisions, why, because I've earned it, not bought it.

Dayne