Executive Summary: With more and more jurisdictions on local and state levels enacting paid sick leave laws, and likely more to come, a frequent question from affected employers is whether it is preferable to have separate vacation/personal leave and paid sick leave policies or an all-inclusive paid time off (PTO) policy. There is no right or wrong answer to the question and, instead, many factors should be considered such as the size and structure of the company, the number of locations in places requiring paid sick leave, the industry norms for the amount and type of expected paid leave (i.e. what the competition is paying), and state laws on how paid leave is administered, among other factors.
Articles Discussing Workplace Sick Leave.
The Evolving Paid Sick Leave Patchwork: 2016 Update
Another year, more PSL patches. With nearly 30 patches now, and contributions from every level of government, PSL has achieved full-fledged patchwork status.
Preemption Law Results Show Different Approaches States Take with Local Sick Leave Measures
2015 has been a notable year for the passage and implementation of local mandatory paid sick leave (PSL) laws. In addition to statewide laws taking effect in California and Massachusetts, new local laws have taken effect in Emeryville and Oakland, California; Bloomfield, East Orange, Irvington, Montclair, Paterson, and Trenton, New Jersey; and in Philadelphia, Pennsylvania. New laws also have been approved, but will not take effect until 2016, in Montgomery County, Maryland, and Tacoma, Washington. In response to the surge in local leave laws, some state officials have attempted to curb local governmentsβ authority to enact such measures. New legislation in Michigan, Missouri, and Oregon demonstrate some of the varying approaches legislators have taken to curtail the proliferation of local PSL laws.
The Evolving Paid Sick Leave Patchwork
Montgomery County, MD and Oregon passed it. California had passed it, then amended it within days after its effective date. In Massachusetts, the Attorney General issued regulations to implement it, and a court said the National Labor Relations Act does not preempt it. North Carolina, Maryland and New Jersey (and likely others) are considering it.
Federal Paid Sick Leave Bill Reintroduced
As expected, lawmakers in both chambers reintroduced the Healthy Families Act (H.R. 932, S. 497), a bill that would allow most private-sector employees to earn up to seven days of paid sick leave per year. The law would apply to employers with 15 or more employees, and permit workers to accrue an hour of paid leave for every 30 hours worked, up to a maximum of 56 hours per year. Smaller employers would be required to provide unpaid leave.