Sick leave
View on WikipediaSick leave (or paid sick days or sick pay) is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation time or time off work to deal with personal matters, because sick leave is intended for health-related purposes. Sick leave can include a mental health day and taking time away from work to go to a scheduled doctor's appointment. Some policies also allow paid sick time to be used to care for sick family members, or to address health and safety needs related to domestic violence or sexual assault. Menstrual leave is another type of time off work for a health-related reason, but it is not always paid.
In most nations, some or all employers are required to pay their employees for some time away from work when they are ill. Most European, many Latin American, a few African, and a few Asian countries have legal requirements for paid sick leave for employees. In nations without laws mandating paid sick leave, some employers offer it voluntarily or as the result of a collective bargaining agreement. However, in countries with poorer labor laws such as South Korea, employees are usually forced to use paid vacation time for sick leaves, and the sick leaves exceeding the remaining vacation time are unpaid.
Even where sick leave is normally required for all employees, the business owner may not be considered an employee or have access to paid sick leave, especially in a microbusiness that is operated by the owners.
Paid sick leave can reduce employee turnover, increase productivity, and reduce the spread of disease in the workplace and in the community.[1]
Impact
[edit]Studies show that workers are less likely to take time off for injury or illness when they do not have paid sick leave.[2][3] Workers without paid sick leave are also less likely to obtain preventive medical care, such as cancer screenings and flu shots.[4][5] Workers with paid sick leave are less likely to experience workplace injuries.[6] Paid sick leave can reduce the overall frequency of time off work, as workers are less likely to spread disease to co-workers and the surrounding community.[7][8] Parents who have access to paid sick leave are more likely to take time away from work to care for their sick children.[9] Working parents without paid sick days may feel compelled to send their sick children to school, where the children spread infections to other students and school staff, and additionally experience negative short- and long-term health outcomes themselves.[10][11]
Workers without paid sick leave will go to work while sick, spreading the infections to other workers. Nearly seven in ten U.S. workers (68 percent) report they have gone to work with the stomach flu or other contagious disease.[12] Nearly half reported that they went to work sick because they could not afford to lose the pay.[13] Thirty percent of workers report they contracted the flu from a colleague.[14] According to a 2020 study, requiring paid sick leave in Washington state led to a reduction in the number of workers who reported working while sick.[15]
In 2010, a non-random survey of some New York City employers by the Partnership for New York City estimated that introducing a new paid sick leave mandate, in which employees of small businesses would get a minimum of five days paid sick leave per year and employees of large businesses would get a minimum of nine days paid sick leave per year, would increase total payroll expenses in the city by 0.3%, with the burden largely falling on the fraction of businesses that did not already pay for any sick leave, or that offered sick leave only to long-time employees.[16] The total cost of providing paid sick leave in that high-cost market was estimated to be around 40 or 50 cents per hour worked.[16]
Presenteeism costs the U.S. economy $180 billion annually in lost productivity. For employers, this costs an average of $255 per employee per year and exceeds the cost of absenteeism and medical and disability benefits.[17] For workers in the foodservice industry, one analysis found that foodborne illness outbreak for a chain restaurant – including negative public opinion, which affects other operations in a metropolitan area – can be up to $7 million.[18]
Absence rate
[edit]A 2022 study has indicated a rise in sick leave across European nations. The average worker in wealthy countries takes approximately 14 sick days per year. With an average of 27.5 sick days per year, Norway has the highest rate, followed closely by Finland (26.6 days). Notably, Southern European countries also report significant rates of sick leave: Portugal (23.7 days), France (22.5 days), and Spain (22.4 days).[19]
Existing provisions
[edit]At least 145 countries require paid sick leave for short- or long-term illnesses, with 127 providing a week or more annually.[20]
European Union
[edit]Each European Union (EU) Member State has domestic sick leave and sickness benefits:
- Sick leave is a right to be absent from work during sickness and return to one's job when recovered.
- Sickness benefit is a social protection system paid at a fixed rate of previous earnings or a flat rate.
In most of those States, some law, collective agreement, or employer choice may provide sick pay,[21] in the form of a time-limited continuous payment of salary by the employer.
Directive 92/85 gives women the right to a minimum of 14 weeks of maternity leave including two compulsory weeks, paid at least at the national sick pay level.[22]
In 2009, the Court of Justice of the EU considered that workers on long-term sick leave will not lose their right to holiday pay where they have been unable to take the holiday by virtue of being on sick leave: a worker cannot be deprived of the right to paid holiday when he or she has not had the opportunity to take it.[23]
Directive 2019/1158 gives men paternity leave: fathers or second parents have the right to take at least ten working days of paternity leave compensated at least at the national sick pay level.[22]
EU minimum compulsory sick pay is 25% in Slovakia while the maximum is 100% in Belgium and Finland.
Sickness benefit replacement rates range from 50% to 100% of the gross or net salary. The average flat-rate sickness benefit is around 20% in Malta and the UK (the latter of which was bound to EU rules until 2021).[21]
In recent decades many countries have reduced sickness benefits by introducing waiting periods, reduced income replacement rates, and sick pay.[21]
Women use more sick leave than men and older people more than younger people.[21]
The sustainability of sickness benefit schemes is related to the nature of the agreement between the employer and the social security system.[21]
At the opposite, some people work during illness – presenteeism – which raises other issues.[21]
Australia
[edit]Sick leave originated in trade union campaigns for its inclusion in industrial agreements. In Australia, it began to be introduced into industrial awards in 1922.[24] From 1935 to the 1970s, paid sick leave was gradually introduced into federal awards until 10 days sick leave per year became standard.[25]
Under the Federal Government's industrial relations legislation, known as Fair Work,[26] eligible employees are entitled to 10 days of paid personal leave (sick/carer's leave) per year, which also carries over to subsequent years if not used.
In addition, Australian workers may be entitled to two days of compassionate leave for each permissible occasion where a member of their family or household contracts or develops a personal illness or sustains a personal injury that poses a threat to their life, or dies.
China
[edit]According to Chinese Labor Law, the sick leave system is established for employees who are suffering from illness or non-work-related injuries. During the medical treatment period, an employer cannot terminate the labor contract and must pay the sick leave wage.[27] Generally, an employee is compensated at 60 to 100 percent of their regular wage during the sick leave period, depending on the employee's seniority.[28] The minimum sick leave is three months long for employees with less than a ten-year cumulative work history and less than five years' seniority with their current employer. Sick leave for workers with 20 years of work history and 15 years with their current employer is entitled to unlimited paid sick leave.[27]
France
[edit]In France paid sick leave is paid partly by social security (Sécurité sociale) and partly by the employer. It requires a medical justification no later than 48 hours after the first sick day. Social security pays only one part of the treatment, starting on the fourth day, and can make controls. The employer pays an additional part depending on collective agreement and legislation. Basic legislation requires that an employee working for more than one year, starting at the eighth sick day, social security and employer together provide 90% of the salary for at least 30 days. Ratio and number of days are computed according to the number of years worked in the company.
Other legislation and agreements apply in other contexts, such as sick children, pregnancy, and paternity leave.
Since 2011, civil servants are not paid for the first day of a sick leave ("jour de carence"). This rule was abolished in 2014,[29] and then reinstated again since January 2018.[30]
Germany
[edit]In Germany, employers are legally required to provide at least six weeks of sick leave per illness at full salary if the employee can present a medical certificate of being ill (which is issued on a standard form).[31] The salary paid during sick leave is partially refunded to employers.[32]
After these six weeks, an employee who is insured in the statutory health insurance (Gesetzliche Krankenversicherung) receives about 70% of their last salary, paid by the insurance. According to § 48 SGB V (social code 5) the health insurance pays for a maximum of 78 weeks in case of a specific illness within a period of three years. In case another illness appears during the time when the employee is already on sick leave then the new illness will have no effect on the maximum duration of the payment. Only if the patient returns to work and falls sick again with a new diagnosis will the payment be extended.
Fathers and mothers who are insured in the statutory health insurance and are raising a child younger than 12 years also have the right to paid leave if the child is sick (Kinderkrankengeld). The insurance pays for a maximum of 10 days per parent and per child (20 days for a single parent), limited to 25 days per year per parent (50 for a single parent).[33][34]
For patients with private health insurance, payments beyond the legally mandated first six weeks depend on the insurance contract.
India
[edit]Sick leave (also called medical leave in India) is the leave that an employee is legally entitled to when the employee is out of work due to illness. Medical leaves can be taken for a minimum of 0.5 to a maximum of 12 working days with 100% pay or a maximum of 24 days with 50% pay per employee per year. It is wholly paid by the employer (unless the employee is covered by the Employees' State Insurance, in which case, ESI covers 80% of it while the rest is borne by the employer for 90 consecutive days). For all absences exceeding 2 consecutive days, a medical certificate from a doctor needs to be enclosed stating the reason and duration of the illness.[35][36]
Poland
[edit]In Poland, employees receive 80% of their normal pay while on sick leave (100% in some specific cases). For the first 33 days in a calendar year (or 14 days, in case of employees who are over 50 years old), this is covered by the employer. After that, the payment is made by the Social Insurance Institution (ZUS). A medical certificate is required in every case.[37][38][39] During the sick leave in Poland employees are protected from termination of employment.[40] The employment contract with a sick employee can be dissolved only after expiration of protection periods regulated in art. 53 of the Labor Code, which depend on employee's service length at the company.[41] The longest protection period may last up to 182 days of sick leave (or 270 days in the case of illness during pregnancy or tuberculosis)[42] and may be prolonged for another 3 months if employee applies for rehabilitation benefit from social security.[43]
Sweden
[edit]Sweden has paid sick leave.[44] Prior to 2019 the first sick day (Swedish: sjukdag) was unpaid, whereas since 2019 a deduction (Swedish: sjukdagsavdrag) of 20% of a worker's average weekly pay is made, which is intended to make the system fairer for non-salaried workers.[45] After that day a minimum of 80% of the income is paid for 364 days and 75% for a further maximum 550 days. Collective employment contracts may specify a higher payment. A medical doctor must certify the illness no later than one week after the first sick day. The parent of a sick child (under 12) can get paid leave to care for the child (termed "temporary parental leave"). In that case the first day is also paid. The state pays all these benefits, except for the first two weeks of sick leave for employees, which is paid by the employer.
United Kingdom
[edit]The UK has sick leave, currently paid for up to 28 weeks at £116.75 per week, with the first three days unpaid.[46] A medical certificate (called "fit note" or "sick note") is only required for leave longer than 7 days, inclusive of non-working days.[47]
United States
[edit]There is no federal requirement that employers in United States provide paid sick leave to employees.[48] Some states and local jurisdictions require it. (The federal Family and Medical Leave Act of 1993 (FMLA) mandates only unpaid leave and accrued vacation.)[citation needed] The Families First Coronavirus Response Act, passed by Congress and signed into law by President Trump in March 2020, mandated that the federal government implement paid sick leave for some workers.[49][50][51]
A 2009 analysis from the Bureau of Labor Statistics (BLS) found that around 39% of American workers in the private sector do not have paid sick leave.[52] Around 79% of workers in low-wage industries do not have paid sick time.[53][full citation needed] Most food service and hotel workers (78%) lack paid sick days.[54]
A 2008 survey reported that 77% of Americans believe that having paid sick days is "very important" for workers.[55] Some workers report that they or a family member have been fired or suspended for missing work due to illness.[12]
A 2020 paper found that requiring paid sick leave in the U.S. likely increased overall well-being.[56] When paid sick leave is required by law, workers tended to take two more days off work each year.[56]
U.S. federal law requires unpaid leave for serious illnesses through the Family and Medical Leave Act (FMLA). This law requires most medium-sized and larger employers to comply and, within those businesses, covers employees who have worked for their employer for at least 12 months prior to taking the leave.[57]
During the 2009 H1N1 influenza outbreak, the U.S. Centers for Disease Control (CDC) recommended that anyone with flu-like symptoms remain at home.[58] According to a report from the Institute for Women's Policy Research, more than eight million workers went to their jobs while sick during the H1N1 pandemic.[59]
In 2008, a sick employee at a Chipotle restaurant in Kent, Ohio likely caused an outbreak that resulted in over 500 people becoming ill.[60] The outbreak cost that community between $130,233 and $305,337 in lost wages, lost productivity, and health care costs.[61]
State and local laws
[edit]Since 2006 and as of 2024, 17 states, Washington D.C., and an increasing number of other cities have implemented some form of paid sick leave.
| State | Date of taking effect | Legalization method |
|---|---|---|
| Connecticut | January 1, 2012 | Public Act No. 11-52 signed into law by Governor Dannel Malloy on July 1, 2011. |
| California | January 1, 2015 / July 1, 2015 | Legislation signed into law by Governor Jerry Brown in 2014. |
| Massachusetts | July 1, 2015 | Question 4 passed by voters in November 2014. |
| Oregon | January 1, 2016 | Legislation (SB 454) signed into law by Governor Kate Brown in 2015. |
| Vermont | January 1, 2017 | HB 187 signed into law by Governor Peter Shumlin on March 9, 2016. |
| Arizona | July 1, 2017 | Proposition 206 (Fair Wages and Healthy Families Act) passed by voters in November 2016. |
| Washington | January 1, 2018 | Initiative 1433 passed by voters in November 2016. |
| Rhode Island | July 1, 2018 | Legislation signed into law by Governor Gina Raimondo in 2017. |
| Maryland | February 11, 2018 | In January 2018, the State Legislature overrode a veto of Governor Larry Hogan.[62] |
| New Jersey | October 29, 2018 | Legislation signed by Governor Phil Murphy on May 2, 2018.[63] |
| Michigan | March 29, 2019 | In September 2018, the State Legislature approved a ballot initiative, effectively making it law.[64] |
| Nevada | January 1, 2020 | Legislation signed by Governor Steve Sisolak on June 12, 2019.[65] |
| Maine | January 1, 2021 | Legislation (LD 369) signed into law by Governor Janet Mills on May 28, 2019.[66] |
| New York | January 1, 2021 | Legislation signed into law by Governor Andrew Cuomo on April 3, 2020.[67] |
| Colorado | January 1, 2021 / January 1, 2022 | Legislation signed into law by Governor Jared Polis on July 14, 2020.[68] |
| New Mexico | July 1, 2022 | Legislation signed into law by Governor Michelle Lujan Grisham on April 8, 2021.[69] |
| Illinois | January 1, 2024 | Legislation signed into law by Governor J. B. Pritzker on March 13, 2023.[70] |
| Minnesota | January 1, 2024 | Legislation signed into law by Governor Tim Walz on May 24, 2023, as part of a paid family and medical leave bill.[71] |
In November 2006, the voters of San Francisco passed a ballot initiative making the city the first in the country to guarantee paid sick days to all workers.[72]
In March 2008, the Washington, D.C. Council voted unanimously to pass legislation guaranteeing workers paid sick time. The law does not cover tipped restaurant workers or workers in the first year of employment.[73] The D.C. law was also the first in the United States to include paid "safe" days for victims of domestic violence, sexual assault, or stalking.
On July 1, 2011, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 11-52 which made Connecticut the first state to mandate paid sick leave. The Act, which only narrowly passed through Connecticut's Senate (18–17) and House of Representatives (76–65), took effect on January 1, 2012, and requires employers to allow their "service workers" to earn one hour of paid sick leave for every 40 hours worked, capped at a maximum of 40 hours per year. The Act applies to the "service workers" of employers with 50 or more employees in Connecticut during any single quarter in the previous year.[74]
On September 8, 2014, California Governor Jerry Brown announced that he would sign the Healthy Workplaces, Healthy Families Act of 2014 to require employers to offer paid sick leave to employees. California would become the second state after Connecticut to require paid days off for ill employees.[75][76]
On November 4, 2014, Massachusetts voters approved "Question 4", a ballot measure mandating sick pay for all part-time and full-time workers at firms with more than 11 employees. The law was passed 59–41 and came into effect July 1, 2015.[77]
On June 12, 2015, the Oregon legislature passed OL 537, 2015 mandating sick pay for all workers at businesses with at least ten employees (six for cities with more than 500,000 inhabitants, e.g. Portland) effective January 1, 2016.[78]
On May 23, 2023, the Minnesota legislature presented portions of the state's biennial budget to the governor's office which included a new requirement for "earned sick and safe time" (ESST). The following day, these portions were signed into law by Governor Tim Walz to take effect on January 1, 2024.[71] The new law requires all employers in Minnesota to provide one hour of paid time off for every 30 hours worked, up to 48 hours of accrued time off per year, for all employees who work at least 80 hours per year, unless the employer's existing leave policies or a collective bargaining agreement meet or exceed the requirements of the law. The law does not preempt local ordinances related to paid sick leave, and employers are required to follow whichever ESST requirements are more favorable to employees.[79]
Other countries
[edit]At least 145 countries provide paid sick days for short- or long-term illnesses, with 127 providing a week or more annually. 98 countries guarantee one month or more of paid sick days.[80]
Many high-income economies require employers to provide paid sick days upwards of 10 days, including: the Netherlands, Ireland (from 2026),[81] Switzerland, Sweden, Denmark, Finland, and Singapore.
History
[edit]Already in 1500 BCE, at least some of the workers who built the tombs of Egyptian pharaohs received paid sick leave as well as state-supported health care.[82]
See also
[edit]References
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- ^ Sheppard, Mullin, Richter & Hampton LLP (22 July 2011). "Connecticut Becomes First State to Mandate Paid Sick Leave". National Law Review. Archived from the original on 2012-03-21.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ Garrido, Edgar (September 10, 2014). "California governor to sign mandatory sick leave bill". Reuters. Archived from the original on 9 September 2014. Retrieved 10 September 2014.
- ^ Dolan, Brendan (12 December 2014). "New California Law Requires Paid Sick Leave". The National Law Review. Vedder Price. Archived from the original on 7 March 2015. Retrieved 28 February 2015.
- ^ Battin, Mark. "Massachusetts Passes Paid Sick Leave Law". natlawreview.com. Archived from the original on 17 November 2014. Retrieved 10 December 2014.
- ^ "Oregon Legislature Passes Statewide Sick Leave Law". Cascade Employers Association. Archived from the original on 2016-04-18. Retrieved 7 April 2016.
- ^ "FAQs: Earned sick and safe time (ESST)". Minnesota Department of Labor and Industry. Retrieved 9 January 2024.
- ^ Jody Heymann, Alison Earle, and Jeffrey Hayes, The Work, Family and Equity Index: How Does the United States Measure Up?, Institute for Health & Social Policy, 2007. Archived 2019-11-30 at the Wayback Machine
- ^ Citizensinformation.ie. "Sick leave and sick pay". www.citizensinformation.ie. Retrieved 2023-03-06.
- ^ Anne Austin (17 February 2015). "Even the ancient Egyptians had paid sick days". Washington Post. Archived from the original on 1 April 2019. Retrieved 8 September 2015.
External links
[edit]- Managing health at work – recording and monitoring information on sickness absence including work relatedness by P Ritchie and others. HSE Research Report 310/2005
Sick leave
View on GrokipediaDefinition and Fundamentals
Core Definition and Scope
Sick leave refers to a form of employment leave granted to workers unable to perform their duties due to personal illness, injury, or medical conditions requiring treatment or recovery.[12] This provision allows employees to absent themselves from work without immediate termination risk, distinguishing it from casual absences by requiring documentation such as medical certification for extended periods.[13] Legally, sick leave entitlements vary by jurisdiction, with some mandates focusing on job protection rather than compensation, as seen in the U.S. Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for serious health conditions but imposes no federal requirement for paid sick leave.[1] The scope of sick leave typically encompasses short-term absences for acute illnesses, routine medical appointments, or preventive care, though it may extend to family caregiving in certain policies, limited to no more than 12 weeks annually for all family-related purposes in some federal U.S. guidelines.[12] Paid sick leave, defined as compensated days lost to sickness, aims to maintain workers' income and employment status during incapacity, contrasting with unpaid variants that preserve jobs but withhold wages.[14] [15] Accrual mechanisms often tie entitlements to hours worked, such as one hour of leave per 30 hours in various state laws, with caps varying by employer size—for instance, up to 56 hours for larger firms in New York.[16] Exclusions commonly apply to very small employers or minimal-hour workers, and long-term illnesses may transition to disability benefits rather than standard sick leave.[17] Internationally, the International Labour Organization (ILO) endorses protections like paid sick leave for up to six months or recovery in recommending standards, though ratification of conventions such as No. 130 emphasizes medical care access over uniform leave definitions.[18] Scope limitations prevent abuse, requiring prompt reporting and evidence of incapacity, with failure to notify potentially forfeiting entitlements.[13] This framework balances worker welfare against employer operational needs, grounded in empirical needs for recovery time without financial destitution.Rationales from First Principles
Illness fundamentally impairs human physiological and cognitive function, diverting energy to immune responses and reducing capacity for effective work, thereby necessitating time away from labor to facilitate recovery and prevent chronic complications.[19] Without structured absence, individuals experience prolonged symptoms, as evidenced by studies showing that working through acute illnesses like influenza extends recovery by delaying rest and exacerbating fatigue.[20] This biological reality underpins sick leave as a mechanism to restore baseline productivity, aligning individual health needs with sustained output rather than forcing suboptimal performance. From an economic standpoint, presenteeism—attending work while ill—generates higher productivity losses than absenteeism, as impaired workers produce errors, lower quality, and diminish team efficiency, often costing employers 10 times more than missed days.[21] Employees report being unproductive for an average of 57.5 days annually due to illness-related presenteeism, compared to just 4 days of actual sick absences, highlighting how uncompensated illness incentivizes attendance that erodes overall firm value.[21] Rational provision of sick leave mitigates this by encouraging short-term absences that yield net gains in long-term output, reducing turnover and supporting labor supply stability.[22] Sick leave also addresses negative externalities from contagion, as infectious individuals at work amplify disease transmission, leading to clustered absenteeism and broader economic drag, such as $0.63 to $1.88 billion in annual U.S. savings from reduced influenza-like illness absences under paid provisions.[23] Generous sick pay schemes demonstrably curb flu-wave infections by deterring contagious presenteeism, fostering herd-level health that preserves workforce continuity without relying on coercive measures.[24] In incentive terms, absent such policies, fear of wage loss drives workers to externalize health risks onto colleagues and employers, whereas compensated leave internalizes costs, promoting efficient self-quarantine and minimizing systemic disruptions.[25]Historical Development
Pre-Modern and Early Industrial Practices
In ancient Egypt, workers constructing royal tombs received state-supported medical treatment and paid sick leave as early as the 13th century BCE, as documented in ostraca records from the village of Deir el-Medina. These records detail absences for illnesses such as eye infections or injuries, with workers compensated at about 80% of wages during recovery periods supervised by physicians.[26][27] This system reflected a pragmatic state investment in labor continuity for critical projects, rather than broad welfare, and was exceptional among ancient civilizations where illness typically led to reliance on family or communal charity without formal compensation.[28] During the medieval period in Europe, craft and merchant guilds provided mutual aid to members incapacitated by illness, funded through member subscriptions that offered income replacement to prevent destitution. For instance, guilds in cities like Florence and London supported sick artisans with stipends or loans, enforcing rules against malingering while prioritizing craft continuity and member welfare.[29][30] These arrangements were not equivalent to modern sick leave, as they lacked guaranteed job protection or universal application, instead functioning as voluntary, trade-specific insurance against total loss of livelihood amid high mortality from plagues and poor sanitation.[31] Non-guild laborers, comprising the majority, received no such support, depending on ecclesiastical alms or feudal obligations that rarely accommodated prolonged absences. In the early Industrial Revolution (circa 1760–1850), formal sick leave was absent in factories across Britain and emerging industrial economies, where workers faced 12–16-hour shifts in hazardous conditions prone to respiratory diseases and accidents without compensation for illness-related downtime. Employers dismissed absent workers without notice, viewing labor as expendable amid rapid urbanization and population growth that suppressed wages and bargaining power.[32][33] Relief came sporadically from voluntary friendly societies or early unions, such as the Granite Cutters' 1877 national sick benefit program in the U.S., but these covered only fractions of the workforce and predated systematic paid provisions.[34] This era's practices underscored a causal link between unchecked industrial demands and worker vulnerability, with empirical accounts from parliamentary inquiries revealing unchecked absenteeism due to sickness contributing to factory inefficiencies until 19th-century reforms began addressing child labor and hours, though not yet sick pay.[35]20th Century Legislative Milestones
Rhode Island enacted the nation's first state-mandated Temporary Disability Insurance (TDI) program in 1942, providing paid wage replacement benefits—typically 50-66% of earnings—for non-work-related illnesses and injuries lasting beyond a short waiting period, funded through employee payroll deductions into unemployment insurance trusts.[9] This marked an early legislative shift toward systematic income protection during sickness, distinct from workers' compensation which covered only occupational injuries. California followed in 1946 with its own TDI law, permitting private insurance alternatives if approved by employees; New Jersey implemented a similar program in 1948, and New York in 1949, expanding coverage to millions but leaving most U.S. workers without statutory paid sick leave until later state initiatives.[9] The U.S. federal government standardized paid sick leave for its civilian employees via the Annual and Sick Leave Act of 1951, entitling workers to 13 days annually, accumulable indefinitely without cap, to cover personal illness, medical appointments, or family care needs.[36] This applied to over 2 million federal workers at the time, setting a precedent for public-sector benefits amid post-World War II labor expansions, though private-sector mandates remained absent nationally. The Pregnancy Discrimination Act of 1978 further amended TDI programs in adopting states, requiring equal treatment of pregnancy-related disabilities under these paid medical leave provisions.[9][37] In the United Kingdom, the Social Security and Housing Benefits Act 1982 introduced Statutory Sick Pay (SSP), effective from 1983, requiring employers to pay eligible workers a minimum daily rate—initially around £30-40 adjusted for earnings—for up to 28 weeks of sickness absence, with full reimbursement available from the state to offset costs.[38] This replaced fragmented occupational schemes and sickness benefits under national insurance, aiming to reduce administrative burdens on the welfare system while incentivizing employer involvement in short-term absences; by the mid-1980s, it covered approximately 90% of the workforce, though reimbursement rates later declined. The Family and Medical Leave Act (FMLA), signed into law on February 5, 1993, mandated up to 12 weeks of unpaid, job-protected leave annually for eligible employees facing serious health conditions, marking a capstone U.S. federal milestone despite lacking pay requirements.[39] Covering about 60% of the workforce in firms with 50+ employees, it built on prior TDI foundations by emphasizing job security over income replacement, influencing subsequent paid expansions; empirical analyses indicate it reduced employment penalties for illness without significantly increasing overall absence rates.[40]Post-2000 Reforms and Expansions
In the United States, the absence of a federal paid sick leave mandate prompted subnational expansions starting in the mid-2000s. San Francisco enacted the first municipal ordinance in 2006, requiring employers to provide paid sick leave accruing at one hour per 30 hours worked, usable for personal or family health needs.[41] Connecticut followed as the first state in 2011, mandating accrual of one hour per 40 hours worked up to five days annually for employees after 680 hours of service.[41] By 2020, 15 states plus the District of Columbia had adopted similar laws, including California via the 2014 Healthy Workplaces, Healthy Families Act (initially three days, expanded to five in 2024), New York (2014, up to 40-56 hours based on employer size effective 2021), and Oregon (2015, up to 40 hours). These policies generally allow usage for the employee's own illness, family care, or preventive care, with accrual rates of one hour per 30-40 hours worked and caps ranging from 40 to 72 hours per year, though federal proposals like the Healthy Families Act repeatedly failed to pass. The COVID-19 pandemic accelerated federal intervention with the Families First Coronavirus Response Act (FFCRA) signed on March 18, 2020, providing temporary paid sick leave to eligible employees—full-time up to 80 hours at regular pay rate (capped at $511/day), part-time based on average hours—for quarantine, symptoms, or caring for affected individuals, covering employers with fewer than 500 workers until December 31, 2020. This marked the first nationwide expansion, benefiting an estimated 34 million workers lacking prior access, though exemptions for health care and emergency responders limited scope, and non-compliance penalties reached $16,000 per violation. Post-expiration, states like Colorado (2020 law effective 2021, unlimited accrual up to six days usage initially, expanded) and Nevada (2021) continued the trend, with mandates often preempting local variations to standardize coverage amid debates over administrative burdens. Internationally, post-2000 reforms emphasized broadening coverage amid aging populations and pandemics, though many OECD nations already offered statutory entitlements exceeding U.S. levels. Australia's Fair Work Act 2009 standardized 10 days of paid personal leave (encompassing sick and carer's leave) annually for full-time workers, replacing varied awards and enabling carryover, with expansions to casuals via National Employment Standards. In the European Union, national adjustments post-2000 focused on sustainability rather than pure expansion; for example, Sweden reformed its sickness insurance in 2003 to introduce a one-day waiting period and employer responsibility for first 14 days, aiming to curb rising absences while maintaining 80% wage replacement up to 60% of income cap. The COVID-19 crisis prompted temporary expansions across EU states, such as Germany's extension of paid isolation leave and France's coverage for short-term absences without medical certificates, often funded via social insurance to support quarantine compliance. Globally, the ILO noted increased adoption of paid sick leave in social protection floors, with countries like South Korea enacting a 2017 law providing 90% wage replacement after three days, reflecting shifts toward income protection for informal workers.Global Legal Frameworks
United States Federal and State Policies
At the federal level, no law mandates paid sick leave for private sector employees in the United States.[42] The Family and Medical Leave Act (FMLA), enacted in 1993, entitles eligible employees—those who have worked at least 1,250 hours in the prior 12 months for an employer with 50 or more employees—to up to 12 weeks of unpaid, job-protected leave annually for serious health conditions affecting the employee or immediate family members, including for recovery from illness or to care for a newborn.[43] FMLA leave may be taken intermittently or on a reduced schedule if medically necessary, but employers are not required to provide pay during this period unless state law or company policy dictates otherwise.[44] For federal contractors under Executive Order 13706, issued in 2015, employees must receive up to 7 days (56 hours) of paid sick leave per year, accruing at 1 hour per 30 hours worked, usable for the employee's own health needs or family care.[45] Federal civilian employees, by contrast, accrue paid sick leave at a rate of 4 hours per biweekly pay period, equivalent to 13 days per year for full-time workers, with no annual limit on accumulation and carryover permitted indefinitely.[12] This leave covers personal medical needs, family care (up to a combined 12 weeks annually across purposes), and bereavement, with agencies able to advance up to 104 hours in urgent cases.[46] Usage requires medical documentation for extended absences, and unused sick leave contributes to retirement annuity calculations under the Federal Employees Retirement System.[47] State policies diverge significantly, with no uniform national requirement but increasing mandates for paid sick leave. As of January 1, 2025, 19 states plus the District of Columbia require private employers to provide paid sick leave, typically accruing at 1 hour earned per 30 to 40 hours worked, capped at 40 to 56 hours annually depending on the jurisdiction.[48] These laws often allow use for personal illness, preventive care, family member health needs, or domestic violence-related issues, with carryover to the next year up to the annual cap but no payout of unused balances upon separation in most cases.[48] Exemptions frequently apply to small employers (under 15-50 employees) and certain industries like agriculture or seasonal work.[49] Notable expansions in 2025 include Alaska (effective July 1, requiring 1 hour per 40 hours worked for all employers), Nebraska (effective October 1, 1 hour per 30 hours), and Missouri introducing requirements aligned with accrual standards in peer states.[50] [51] States like California mandate 5 days or 40 hours annually (increased from prior years), while Connecticut and Massachusetts offer up to 40 hours, often with broader family definitions than FMLA.[52] In contrast, the majority of states—31 as of 2025—lack paid sick leave mandates, relying on FMLA's unpaid provisions or voluntary employer policies, which cover about 79% of private sector workers through non-mandated benefits.[53] Several municipalities in non-mandating states, such as Berkeley and Los Angeles in California, impose local rules exceeding state minima.[54] Compliance varies, with enforcement through state labor departments imposing penalties for violations, though empirical data indicate uneven adoption influenced by business size and sector.[55]European Union Directives and National Variations
The European Union does not impose a specific directive mandating minimum paid sick leave for short-term personal illness, as this falls under member states' competence in organizing social protection systems. Instead, EU law focuses on coordination to support labor mobility, primarily via Council Regulation (EC) No 883/2004, which harmonizes rules for exporting sickness benefits across borders and requires aggregation of contribution periods for eligibility, while distinguishing employer-paid sick pay from public sickness insurance benefits for longer absences. This framework ensures that workers temporarily in another member state receive equivalent protection but leaves duration, wage replacement, and funding mechanisms to national legislation, resulting in substantial diversity. The Court of Justice of the EU has supplemented this through case law, ruling that illness preventing annual leave accrual under Directive 2003/88/EC entitles workers to carry over such leave until recovery, as in Case C-173/99 (Böckel), to preserve rest rights without conflating them with sick leave purposes. Recent directives like (EU) 2019/1158 on work-life balance introduce up to five days of paid carers' leave annually for supporting relatives, including those ill, but exclude general personal sick leave entitlements. National variations reflect differing priorities in balancing worker protection, employer burdens, and fiscal sustainability, with northern European countries generally providing higher wage replacement and longer durations funded by social insurance, while southern states often feature waiting days and lower initial rates. In Germany, the Entgeltfortzahlungsgesetz (1994, amended) obliges employers to pay 100% of regular remuneration for up to six weeks of medically certified incapacity (with a doctor's certificate normally required from the fourth calendar day via gelber Schein or eAU, though employers may request it earlier; temporarily until 31 December 2025, for simple, uncomplicated illnesses such as respiratory infections, telephone or video-based sick notes allow certification for up to 7 calendar days with one extension of up to 7 additional days, totaling a maximum of 14 days, after which the regulation expires unless extended or made permanent), after which public health insurance provides Krankengeld at typically 70% of gross income for low-income earners (capped at the lower of 70% gross or 90% of net income, with the 70% usually applying for lower incomes; amount depends on individual earnings) up to 78 weeks within three years—for example, a minimum wage earner (~€13.90/hour, ~€2,400 gross/month) would receive approximately €1,680 gross per month.[56] France's Code du travail, via daily allowances from the CPAM social security fund, provides 50% of average daily gross salary from the fourth day (90% with employer supplements common in collective agreements), with no fixed maximum duration but subject to medical review after 30 days. Sweden mandates employer payment of 80% of salary for the first 14 days, followed by Försäkringskassan's sickness benefit at 80% up to day 364 and 75% thereafter, capped at 1.05 times the price base amount (approximately SEK 57,200 monthly in 2022).| Country | Waiting Days | Wage Replacement (Initial) | Maximum Duration (Employer/Public) | Source |
|---|---|---|---|---|
| Germany | None | 100% (employer) | 6 weeks employer; 78 weeks public | [57] |
| France | 3 | 50-90% (public/employer top-up) | Indefinite with review | [57] |
| Sweden | None | 80% | 14 days employer; 364+ days public | [57] |
| Spain | 3 | 60% (public) | 4 months at 75%, up to 20 months | [57] |
| Netherlands | 1-2 | 70% (employer, min. daily wage) | Up to 2 years (employer liable) | [57] |
Other Major Economies and Developing Nations
In Australia, full-time employees accrue 10 days of paid personal leave annually under the Fair Work Act 2009, which encompasses sick leave for personal illness or injury as well as carer's leave for family members; this entitlement accumulates progressively from the first day of employment and carries over if unused, with part-time workers receiving pro-rata amounts based on ordinary hours.[59] Employers must pay the base rate of pay during such leave, and evidence from workplace compliance data indicates low abuse rates due to medical certification requirements for absences exceeding two days.[59] Canada's federal jurisdiction, covering about 6% of the workforce including banking, transportation, and telecommunications, mandates 10 days of paid medical leave per year for employees with at least 30 days of continuous service, effective December 1, 2022, under amendments to the Canada Labour Code; this replaced prior unpaid provisions and applies to short-term illnesses without requiring a doctor's note unless specified by the employer.[60] Provincial policies vary significantly—for instance, Ontario provides three unpaid personal emergency leave days including sick time, while British Columbia offers up to five paid days after 90 days of employment—but federal rules set a baseline, with studies showing higher absenteeism in provinces lacking paid mandates due to financial disincentives for recovery.[61] Japan lacks statutory paid sick leave under national labor law, with employees typically relying on accrued annual vacation days (minimum 10 days after six months of service, increasing to 20 days after 6.5 years) to cover short-term illnesses, fostering a cultural emphasis on presenteeism where workers often attend despite health issues to avoid burdening colleagues.[62] For prolonged absences (four or more consecutive days), the Employment Insurance system's injury and illness allowance provides 60% of average daily wages after a three-day waiting period, capped at 18 months, but uptake remains low, with government data from 2023 reporting average annual sick absences below 5 days per worker compared to OECD averages exceeding 10 days.[63] In China, the Labor Contract Law stipulates paid sick leave duration scaling with seniority—minimum three months for under one year of service, adding one month per additional year up to 24 months—funded initially by employers at 60-100% of wages (regional variations, e.g., 80% in Shanghai), transitioning to social insurance for extended periods; medical certification is mandatory, and non-compliance risks dismissal after warnings.[64] Enforcement challenges persist in informal sectors, where empirical surveys indicate underreporting of illnesses to preserve employment stability.[65] India's sick leave entitlements, governed by state-specific Shops and Establishments Acts, range from 5 to 12 paid days annually (e.g., 12 days in Maharashtra), often requiring a medical certificate for verification; central laws like the Factories Act, 1948, provide seven days for certain workers, but company policies frequently cap at 10 days with full pay, reflecting fragmented coverage amid a large informal economy where over 80% of workers lack statutory protections.[66] Brazil requires employers to pay full wages for the first 15 days of medically certified sick leave per incident under Consolidation of Labor Laws (CLT), after which the National Social Security Institute (INSS) assumes responsibility at 50-100% of salary based on contributions, with job stability guaranteed for one year post-return; this system, updated in 2017 reforms, covers formal sector workers but excludes many in informal employment, leading to higher presenteeism rates documented in labor ministry reports.[67] In developing nations, sick leave policies often align partially with International Labour Organization (ILO) Convention No. 130 (1969), ratified by 45 countries as of 2023, which recommends at least 56 days of paid sickness benefits over three years at 45-66% of wages, but implementation lags due to weak formal labor markets; for example, many African and Southeast Asian countries provide minimal employer-paid short-term leave (e.g., 7-14 days) or none, relying on social assistance for the poor, with ILO data showing that 58% of low-income countries lack day-one coverage, exacerbating health-labor trade-offs in informal sectors comprising 60-90% of employment.[68] Empirical analyses highlight that absent robust verification, such limited entitlements correlate with increased disease transmission and productivity losses from untreated illnesses.[69]Economic Impacts
Direct Costs to Employers and Businesses
Direct costs of sick leave to employers encompass wages and benefits paid to absent employees without corresponding output, expenses for hiring or overtime to temporary replacements, administrative burdens for tracking and verifying absences, and short-term disruptions in workflow that necessitate accelerated training or reallocation of staff.[70] In the United States, these costs contribute to broader absenteeism-related productivity losses estimated at $225.8 billion annually, with illness accounting for a significant portion of unplanned absences. Employer-provided paid leave, including sick leave, averaged $2.94 per hour worked in September 2022, comprising 7.4% of total compensation costs across private industry workers.[71] Empirical studies on paid sick leave mandates reveal modest but measurable increases in direct employer expenditures. For instance, state-level mandates in the U.S. raised employer sick leave costs by approximately 21 cents per hour worked, alongside an uptick of nearly two additional sick days per newly covered employee annually.[72] In sectors like construction, retail, restaurants, and hotels, direct payroll costs from mandated sick leave ranged from $299 to higher thresholds per representative employer, depending on accrual rates and usage patterns.[73] These figures exclude indirect costs such as reduced output from understaffing but highlight the immediate financial liability of compensating non-productive time. In OECD countries, direct costs are often mitigated by statutory insurance schemes where employers fund initial periods of absence—typically the first few days or weeks—before shifting liability to social insurance funds, though small firms bear fuller exposure without full reimbursement.[74] U.S. data from the Bureau of Labor Statistics indicate that paid sick leave access correlates with higher absence rates in mandated jurisdictions, amplifying payroll outlays without proportional gains in verifiable health outcomes for all claims.[75] Overall, while mandates expand coverage—boosting access by up to 30 percentage points over five years—the resultant cost escalation pressures margins, particularly for low-wage, high-turnover industries reliant on just-in-time staffing.[76]Effects on Labor Markets and Employment
Mandated paid sick leave policies influence labor markets by altering employer costs, worker retention, and absence patterns, with empirical evidence indicating mixed but predominantly neutral to positive effects on overall employment levels. In the United States, analyses of state-level paid sick leave (PSL) mandates, such as those implemented between 2007 and 2017, show no statistically significant reductions in employment rates or wages across affected cities and states.[77][78] These mandates typically increase PSL coverage by 13-14 percentage points from baselines around 63-66%, alongside modest rises in absences (e.g., 0.5-1 additional sick day per worker annually), without evidence of broad disemployment, though effects are concentrated in service sectors where low-wage workers gain access.[79][75] Worker attachment to the labor market appears bolstered, as access to paid sick leave correlates with a 2.5 percentage point reduction in job separation probabilities (a 25% relative decline) and lower turnover in hourly service roles.[80] In Seattle's 2012 Paid Sick and Safe Time ordinance, for instance, the policy raised quarterly hours worked for low-wage workers by about 1-2% while slightly elevating separation hazards for higher earners, suggesting heterogeneous impacts by skill level but no net employment contraction.[25] Productivity gains from reduced presenteeism—workers attending while ill—offset some absence costs, with mandate adoption linked to 6.1% higher labor productivity and 1.6% improved firm profitability on average.[81] In Europe, where statutory sick pay replacement rates often exceed 80-100% of wages (e.g., full pay for initial weeks in Norway and Germany), high absence rates—up to 7-8% of workdays in Nordic countries—coexist with low unemployment (e.g., Norway's 3.5% rate as of 2023), challenging assumptions of moral hazard-driven labor market detachment.[82][72] In Germany, average annual sickness absence stands at 15 days, compared to 7-8 days in the US, reflecting policies with 100% wage replacement for up to six weeks by employers. Sickness absenteeism generally reduces firm-level productivity, with a 1 percentage point increase in absence rates linked to about 0.24% productivity loss; however, generous leave may reduce presenteeism by enabling full recovery and avoiding illness-related performance drops, potentially preserving productivity per hour worked. In contrast, limited US federal sick leave mandates contribute to higher presenteeism, though overall US labor productivity per hour exceeds Germany's, indicating dominance of other factors like work intensity.[83][84][85][86] However, long-term sick leave episodes elevate risks of labor market exit by 10-20% in subsequent years, particularly for those with recurrent claims, implying potential scarring effects on employability despite generous entitlements.[87] Cross-country variations, such as lower employment participation in high-generosity nations like France (replacement up to 90% indefinitely) compared to more restrained systems like the UK's, highlight that while mandates enhance retention for incumbents, they may deter hiring in flexible or entry-level segments due to elevated expected costs.[88][75]| Study Context | Employment Effect | Absence Effect | Source |
|---|---|---|---|
| US State/City Mandates (2007-2017) | No significant change | +0.5-1 days/year | [77][79] |
| Seattle Ordinance (2012) | Neutral overall; +hours for low-wage | Modest increase | [25] |
| European Mandates (e.g., Germany) | Increased coverage; no broad disemployment | + sick days taken | [72][75] |
| Long-term Sick Leave Episodes | +10-20% exit risk | N/A | [87] |
Empirical Evidence from Mandate Studies
Studies employing difference-in-differences designs to evaluate U.S. state and local paid sick leave (PSL) mandates, using data from sources such as the National Health Interview Survey (2005–2018) and National Compensation Survey (2009–2022), consistently find substantial increases in PSL coverage among targeted workers. Coverage rises by 8.4 to 30 percentage points post-mandate, representing relative increases of 15% to 50% from baselines around 63–66%, with larger effects for women, non-white workers, part-time employees, and those in low-coverage industries or small firms.[79][75][72] Mandates lead to higher utilization of sick leave, with newly covered workers taking 2 to 3.9 additional paid sick days per year (or about 3.9 hours annually in some estimates), alongside modest increases in unpaid absences initially. These effects are pronounced for women (up to 6.9 percentage point rise in absences) and households with children, though illness-specific absences show smaller, less precise increases. Evidence also indicates reduced presenteeism, with a 4.5 percentage point drop in attending work while sick in low-PSL industries, suggesting mandates may curb contagion risks without fully offsetting higher absence costs.[79][75][72] Labor market responses appear muted, with no significant disemployment effects observed across multiple analyses; some find slight positive outcomes, such as a 4.4-hour quarterly increase in hours worked for low-wage Seattle workers post-2012 mandate or reduced job separation hazards (up to 10% in large firms). Employer costs rise modestly, by 6 to 21 cents per hour worked, concentrated among marginal jobs, but without evidence of crowding out non-mandated benefits like health insurance—instead showing potential "crowding-in" via job upscaling. Aggregate economic effects, including on wages or overall hours, remain small and insignificant in most cases.[25][75][72]| Study Context | Coverage Increase | Absence Increase | Other Effects |
|---|---|---|---|
| U.S. States (NHIS/CPS, 2005–2018) | 16–20.7 pp (targeted workers) | 3.4 pp overall; 6.9 pp women | Reduced presenteeism (4.5 pp)[79] |
| U.S. States (NCS, 2009–2022) | 20–30 pp (up to 50 pp part-time) | 2–2.4 days/year | Crowding-in benefits; +6¢/hr cost[75] |
| Seattle (UI data, 2010–2014) | Not specified | Not primary focus | +4.4 hrs/qtr low-wage; no separation change[25] |