Hannah Jones has attributed her successful battle with a severe form of breast cancer to the paid medical leave she received. Her workplace offered her the necessary time off to undergo chemotherapy and recover from surgery. Most crucially, Jones didn’t have to put off treatment for work reasons, something doctors had strongly advised against. “Following the treatment plan made it possible for me to become cancer-free,” she highlighted. “I am proof that paid medical leave significantly impacts a cancer patient’s life and chances of survival.”
In response to such situations, more states are enacting or considering legislation that compels employers to provide similar leave benefits. Proponents argue that these laws alleviate financial stress and enhance worker productivity. However, these measures can also burden employers, and the varying state laws can cause confusion and frustration.
So, what kinds of leave are available? Paid family and medical leave permits employees to take time off for treatment or care for a family member or new child. Additionally, an increasing number of states and cities mandate paid sick leave for short-term ailments like the flu. According to the National Partnership for Women and Families, nineteen states along with Washington, D.C., have mandated paid sick leave, as well as 17 cities and four counties.
Many businesses voluntarily provide paid sick leave even without government directives. However, laws requiring paid family and medical leave for longer terms are less prevalent. As the National Partnership notes, only thirteen states and Washington, D.C., have implemented some version of these laws. The specific provisions can differ by state, with some allowing partial pay for certain leave types.
Moreover, certain states or local governments have specific paid leave laws. For instance, New York recently enacted legislation requiring paid leave for prenatal checkups. Other laws offer time off for individuals dealing with domestic violence or sexual assault-related issues.
The United States lacks a federal paid leave law. The Family and Medical Leave Act guarantees only unpaid leave and does not apply to many workers, like those employed by small exempt businesses. Aleta Sprague from UCLA’s World Policy Analysis Center notes that this makes the U.S. a “major outlier” globally. She mentions that 95% of countries offer some form of paid leave for personal health, often substantial in nations of similar economic status as the U.S.
Why advocate for paid leave? Supporters argue that paid sick leave can curb disease transmission and boost productivity by reducing “presenteeism,” when sick employees attend work but are inefficient. For more severe health issues, paid leave can enable individuals to concentrate on care and recovery.
Jones recounted how she took Fridays off during treatment to receive chemotherapy, allowing the weekend for recuperation before resuming work. This provision helped her and her husband manage financially despite facing around $14,000 in medical expenses, even with insurance. “Without that paycheck, we might have had to liquidate our 401(k)s or sell our house,” she said.
Still, there are challenges. Skye Nevada, owning a catering company and a seasonal restaurant in Anchorage, Alaska, canceled plans to hire temporary employees due to the state’s new paid sick leave law. She expressed the financial strain of paying both ill workers and their replacements, who might require overtime. “Small businesses can’t just absorb this cost,” she stated, noting that the establishment would switch to private events during the tourist season.
Small enterprises often lack dedicated HR departments to manage compliance with leave mandates, pointed out Beth Milito of the National Federation for Independent Business. “Handling the paperwork consumes time, and time equals money for small business owners,” she explained. Multi-state businesses face additional hurdles due to the inconsistent nature of these laws, impacting patients as well.
Jones, advocating for a Pennsylvania family leave law through the nonprofit Children First, had paid leave from her New York-based employer. However, her husband’s Pennsylvania-based company didn’t provide it, leaving them to seek help from family after her husband exhausted his vacation days and returned to work.
Looking ahead, Sprague does not foresee a federal paid leave law emerging soon, but state-level advancements continue. Voters in Missouri, Nebraska, and Alaska passed paid sick leave measures recently. As reported by the National Conference of State Legislatures, at least seven states are contemplating paid family and medical leave laws this year.
Jessica Mason from the National Partnership indicated that interest in paid leave has grown since the COVID-19 pandemic, noting, “The pandemic truly highlighted the critical need for paid sick leave.”