Guaranteeing Paid Sick Days for All California Workers

No worker should have to choose between going to work sick or staying home to take care of themselves or a loved one, but that is the choice facing millions of workers in California who do not have the ability to take a day off when they or someone in their family is ill. Currently, more than 40% of California’s workers – six million people – are forced to work while sick. They do not have paid sick days and, under current law, employers are not required to provide them.

Workers don’t want to come to work sick, but they do so out of fear of reprisal for not showing up to work, fear of losing their job, and fear of not being able to afford losing a day’s pay. Tellingly, human resource managers are reporting this phenomenon, known as “presenteeism”, as a problem. According to a 2007 survey of 317 human resource executives in U.S. organizations, when sick employees show up for work there is a “significant and costly impact on an organization, not only in terms of risking the spread of disease, but also in terms of diminished productivity, quality and attention to safety.” Overall, the survey found that 38% of employers report presenteeism being a problem in their organizations.

41% of low-wage workers have no paid leave of any kind (no paid sick leave, no paid vacation, and no paid personal days). Only 22% of food service and hotel workers have any paid sick leave. Workers in child care centers, retail clerks, and nursing homes also disproportionately lack this important benefit. Those workers who lack access to paid sick days are also those who work most closely with the public and yet have to come to work sick. This undoubtedly harms public health.

The support for guaranteeing paid sick days to all workers is substantial. A Field Research poll conducted in August 2008 found 73% of California adults said they would support a law guaranteeing paid sick days for all California workers. This support crosses party, gender, and ethnic lines. Furthermore, 76% of those surveyed agree that paid sick days should be considered a basic worker right, like being paid a decent wage.

Additionally, a new study released in February of 2010 found that San Francisco’s Paid Sick Leave Ordinance—the first citywide paid sick days standard in the country—has been proven a success. The report, San Francisco’s Paid Sick Leave Ordinance: Outcomes for Employers and Employees, released by the Institute for Women’s Policy Research (IWPR), includes the results of a survey of nearly 1,200 workers and more than 700 employers in San Francisco. The findings are overwhelmingly positive for workers, businesses and the public—adding further evidence that policies that help working families meet their responsibilities at work and at home are good for everyone.

It is time to give workers access to this basic job benefit.

AB 400 (Ma) would ensure that all workers in California can address their own health needs and those of their families by allowing them to earn one hour of paid sick leave for every thirty hours worked. AB 400 will mitigate public and private health care costs in California by enabling workers to seek early and routine medical care for themselves and their family members. It will also protect employees in California from losing their jobs while they use their earned sick days. AB 400 is modeled after a similar San Francisco ordinance and will allow all California workers to earn paid sick days from their first day of employment and to begin using paid sick days after 90 days of employment. Employees will earn one hour of paid sick time for every 30 hours worked. Any employee of a small business (10 or fewer employees) may use up to 5 days a year of sick time; all other employees may use up to 9 days a year. Sick days can be used to care for a sick family member and as leave to allow domestic violence and sexual assault survivors to recover. The bill includes anti-retaliation language for using paid sick days and allows for flexibility for workers and employers covered by a collective bargaining agreement.

Visit the Paid Sick Days website to learn more.

For more information, contact Mitch Seaman, Legislative Advocate, California Labor Federation, (916) 444-3676 ext. 14