What is Sick Leave?

Sick leave guarantees you time of to stay home when you're sick without losing your job. Paid sick leave includes also a guarantee of pay during the time you're sick. Sometimes Paid Sick Policies allow paid sick leave to be used to take care for sick family members, to go to medical appointments or to address health and safety needs related to domestic violence or sexual assault.

FLSA: No Coverage Sick Leave

The Fair Labor Standards Act (FLSA) does not provide rules for sick leave. Sick leave is a matter of agreement between worker and employer.

Paid sick leave

The U.S.is one of the only five countries in the world without a national policy on paid sick days. Besides the US, only Lesotho, Liberia, Papua-New Guinea and Swaziland don't have paid sick leave. Not that we don't want legislation. 86% of the people surveyed in 2008 by the National Research Center at the University of Chicago said they favor a basic labor standard fo paid sick leave.

San Francisco Paid Sick Leave Ordinance

- workers, including temporary and part-time employees - earn 1 hour of paid sick time for every 30 hours worked, 
- workers in businesses with 10 or fewer employees earn up to five days per year (40 hours), 
- workers in larger companies earn nine days per year (72 hours),
- workers accrued paid sick leave carries over from year to year,
-  workers can use their paid sick leave to recover from illness, to see a doctor or care for a sick child, partner or designated person.


For additional information: Office Labor Standards Enforcement, t. (415) 554-6271, e. PSL@sfgov.org.

Source: San FranciscoPaid Sick Leave Ordinance

Labor stats sick pay

The U.S. federal government guarantees its employees 13 paid sick days per year. 89% of the people employed by state and local governments receive paid sick leave and 61% of the private-sector workers receive sick pay, according to the Bureau of Labor Statistics. That rules out 39% of the nation's private workforce, that stands for more than 50 million American workers - many of them low wage-earners: waitresses, sales clerks or school bus drivers.

Milwaukee: Paid Sick Leave Ordinance

- workers - including temporary and part-time employees - earn 1 hour of paid sick time for every 30 hours worked, not to exceed 9 days (72 hours) per year,
- workers of small businesses with fewer than 10 employees earn up to five days per year (40 hours), unless the employer selects a higher limit,
- workers can use their paid sick leave to recover from illness, care for sick family members, seek medical care, obtain assistance related to domestic violence, sexual assault or stalking,
- workers shall begin to accrue paid leave starting a job, but access to paid leave starts after 90 working days
- unused paid leave carries over from year to year
- unused paid leave is not reimbursed upon the termination or resignation of the worker

Exempt/no coverage for:

1) federal government
2) state Wisconsin including the legislative, judiciary, county or local government

Source: MilwaukeePaid Sick Leave Ordinance

The Family and Medical Leave Act (FMLA) provides for eligible workers up to 12 weeks of job-protected, unpaid leave during any 12-months period for the following reasons:

1) Birth and care of the eligible worker's child, or placement for adoption or foster care of a child with the worker. 
2) Care of a family member (spouse, child, parent) with a serious health condition
3) Care of the worker's own serious health condition. 

Read in the next link more about the Family and Medical Leave Act
Washington D.C.: Accrued Sick and Safe Leave Act

- workers in businesses with 100 or more workers earn 1 hour paid leave for every 37 hours worked, not to exceed 7 days per year,

- workers in companies with 25-99 workers earn 1 hour paid leave for every 43 hours worked, not to exceed 5 days per year,

- workers in businesses with 24 or fewer employees earn 3 days,

- workers can use their paid sick leave to recover from illness, care for sick family members, seek medical care, obtain assistance related to domestic violence, sexual assault or stalking,

- workers shall begin to accrue paid leave starting a job, but access to paid leave starts after 90 working days,

- unused paid leave carries over from year to year

- unused paid leave is not reimbursed upon the termination or resignation of the worker

 

exempt/no coverage for:

 

1 ) part-time workers (=less than 40 hours per week) 

2) restaurant wait staff and bartenders who work for a combination of wages and tips

3) independent contractors

4) health care workers who choose to participate in a premium pay program

 

Source: Washington D.C.: Accrued Sick and Safe Leave Act

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