COVID-19 pandemic makes clear that we need national paid sick leave legislation

Posted March 13, 2020 at 3:04 pm by Elise Gould and David Cooper

COVID-19 pandemic makes clear that we need national paid sick leave legislation

The COVID-19 pandemic continues to highlight the costs of economic inequality in the United States. There’s the inequality in access to paid sick days and health insurance between high- and low-wage earners. There’s the inequality in the ability to work from home across sectors, with workers in one of the most exposed sectors—leisure and hospitality—being the least likely to have the ability to work from home. And there will be inequality in the economic impact of the pandemic, as workers in those sectors are at higher risk of reduced work hours or losing their jobs stemming from the drop in spending on travel and eating out.

Fortunately, there is a relatively simple way to address some of these inequities: The federal government can pass legislation to provide paid sick leave for all workers. Paid sick leave not only helps reduce transmission of disease, it also provides economic security for workers who might otherwise lose income if they have to take time off from work.

Federal legislators need to look no further than the states to find multiple models for paid sick days legislation. As the map shows below, 13 states and the District of Columbia require employers to provide paid sick leave, with Maine’s new paid leave law set to take effect in 2021. Each of these states sets an accrual rate defining how many hours of paid leave employers must provide based upon the hours worked, typically with some cap on leave that can be used per year. Covered employers vary somewhat across the states, with some states exempting small employers or setting varying accrual rates and usage caps based upon the size of the employer.

Only 13 states plus the District of Columbia guarantee workers paid sick days: States with paid sick days laws as of March 1, 2020

State		Coverage	Accrual	Year enacted	Year effective
Alabama	-1
Alaska	-1
Arizona	1	Private-sector employers and local governments	1 hour for every 30 hours worked. Maximum 40 hours per year.	2016	2017
Arkansas	-1
California	1	Public and private employers	1 hour for every 30 hours worked. Employers may cap at 6 days per year.	2014	2015
Colorado	-1
Connecticut	1	Employers with more than 50 employees	1 hours for every 40 hours worked. Maximum 40 hours per year.	2011	2012
Delaware	-1
Florida	-1
Georgia	-1
Hawaii	-1
Idaho	-1
Illinois	-1
Indiana	-1
Iowa	-1
Kansas	-1
Kentucky	-1
Louisiana	-1
Maine	2	Employers with more than 10 employees	1 hour for every 40 hours worked. Maximum 40 hours per year.	2019	2021
Maryland	1	Public and private employers with more than 15 employees	1 hour for every 30 hours worked. Maximum 40 hours per year.	2018	2018
Massachusetts	1	Public and private employers with more than 10 employees	1 hour for every 30 hours worked. Maximum 40 hours per year.	2014	2015
Michigan	1	Public and private employers with 50 or more employees	1 hour for every 35 hours worked. Maximum 40 hours per year.	2017	2019
Minnesota	-1
Mississippi	-1
Missouri	-1
Montana	-1
Nebraska	-1
Nevada	1	Private employers with 50 or more employees	1 hour for every 52 hours worked. Employers may cap at 40 hours per year.	2019	2020
New Hampshire	-1
New Jersey	1	Public and private employers	1 hour for every 30 hours worked. Maximum 40 hours per year.	2018	2018
New Mexico	-1
New York	-1
North Carolina	-1
North Dakota	-1
Ohio	-1
Oklahoma	-1
Oregon	1	Public and private employers with 10 or more employees	1 hour for every 30 hours worked. Maximum 40 hours per year.	2015	2016
Pennsylvania	-1
Rhode Island	1	Public and private employers with 18 or more employees	1 hour for every 35 hours worked. Maximum 40 hours per year.	2017	2018
South Carolina	-1
South Dakota	-1
Tennessee	-1
Texas	-1
Utah	-1
Vermont	1	Public and private employers	1 hour for every 52 hours worked. Employers may cap at 40 hours per year.	2016	2017
Virginia	-1
Washington	1	Public and private employers	1 hour for every 40 hours worked. No maximum. Employees may carry over up to 40 hours each year.	2016	2018
Washington D.C.	1	Public and private employers	Employers with 100+ employees: 1 hour for every 30 hours worked. Maximum 7 days per year. Employers with 25–99 employees: 1 hour for every 43 hours worked. Maximum 5 days per year. Employers with 1–24 employees: 1 hour for every 87 hours worked. Maximum 3 days per year. Tipped restaurant and bar workers accrue at the medium-size employer rate, regardless of employer size.	2008	2014
West Virginia	-1
Wisconsin	-1
Wyoming	-1

Notes: The District of Columbia’s paid sick days law was originally enacted in 2008. It was amended in 2013 to expand coverage. California's paid sick days law was originally enacted in 2014. It was amended in 2015 and 2016 to expand coverage.

Source: National Council of State Legislatures, Family Values @ Work, National Partnership for Working Families

In lieu of state action, many localities have also passed protections for their workers to make sure they have paid sick days when they need it. Unfortunately, 23 states have passed paid leave preemption laws prohibiting cities and counties from requiring local employers to offer paid sick leave or other forms of paid family or medical leave, as seen in the map below. Note: New Jersey and Oregon have passed state-level paid sick days and prohibit localities from passing more generous policies.

23 states have passed paid leave preemption laws prohibiting cities and counties from requiring local employers to offer paid sick leave

State	Preemption	Year enacted	Details	By	Law
Alabama	1	2014	Since 2014, Alabama has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Robert Bentley (R) and a Republican majority state legislature	Ala. Code § 11-80-16
Alaska	0
Arizona	0
Arkansas	1	2017	Since 2017, Arkansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Asa Hutchinson (R) and a Republican majority state legislature	S.B. 668 (Ark. 91st Gen. Assem. Reg. Sess. 2017)
California	0
Colorado	0
Delaware	0
Florida	1	2013	Since 2013, Florida has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.		Fla. Stat. § 218.077
Georgia	1	2004	Since 2004, Georgia has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Sonny Perdue (R), a Republican majority state senate, and a Democratic majority state house	Ga. Code Ann. § 34-4-3.1
Hawaii	0
Idaho	0
Illinois	0
Indiana	1	2013	Since 2013, Indiana has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Mike Pence (R) and a Republican majority state legislature	Ind. Code § 22-2-16-3
Iowa	1	2017	Since 2017, Iowa has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Terry Branstad (R) and a Republican majority state legislature	Iowa HF 295 (Reg. Session 2017)
Kansas	1	2013	Since 2013, Kansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Sam Brownback (R) and a Republican majority state legislature	Kan. Stat. Ann. § 12-16,130
Kentucky	1	2017	Since 2017, Kentucky has prohibited its cities and counties from requiring employers to provide employees with any “fringe benefit,” such as paid leave.	Gov. Matt Bevin (R) and a Republican majority state legislature	HB3, 2016 Reg. Sess. (KY. 2017)
Louisiana	1	2012	Since 2012, Louisiana has prohibited its cities and parishes from requiring employers to provide employees paid sick days or paid family leave.	Gov. Bobby Jindal (R) and a Republican majority state legislature	La. Rev. Stat. Ann. § 23:642
Maine	1	2019	In 2019, Maine passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.	Gov. Janet Mills (D) and a Democratic majority state legislature	2019 ME L.D. 369
Maryland	1	2018	In 2018, Maryland passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.	Democratic majority state legislature override of (R) Gov. Larry Hogan’s veto.	H.B. 1 (Reg. Session 2018)
Massachusetts	0
Michigan	1	2015	Since 2015, Michigan has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Rick Snyder (R) and a Republican majority state legislature	Mich. Comp. Laws § 123.1388, § 123.1391
Mississippi	1	2013	Since 2013, Mississippi has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Phil Bryant (R) and a Republican majority state legislature	Miss. Code Ann. § 17-1-51
Missouri	1	2015	Since 2015, Missouri has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	A Republican majority state legislature, who overrode Gov. Jay Nixon’s (D) veto to pass the law	Mo. Rev. Stat. § 285.055.1
Montana	0
Nevada	0
New Hampshire	0
New Jersey	1	2018	In 2018, New Jersey passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.	Gov. Phil Murphy (D) and a Democratic majority state legislature	A.1827 (Reg. Session 2018)
New Mexico	0
North Carolina	1	2016	Since 2016, North Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Pat McCrory (R) and a Republican majority state legislature	N.C. Gen. Stat. § 95-25.1
North Dakota	0
Ohio	1	2016	Since 2016, Ohio has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. John Kasich (R) and a Republican majority state legislature	Ohio Rev. Code § 4113.85
Oklahoma	1	2014	Since 2014, Oklahoma has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Mary Fallin (R) and a Republican majority state legislature	Okla. Stat. tit. 40, Ch. 5 § 160
Oregon	1	2015	In 2015, Oregon passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.	Gov. Kate Brown (D) and a Democratic majority state legislature	Or. Rev. Stat. § 653.661
Pennsylvania	0
Rhode Island	1	2017	In 2017, Rhode Island passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards.	Gov. Gina Raimondo (D) and a Democratic majority state legislature	R.I. H. 5413 Substitute B (Reg. Session 2017)
South Carolina	1	2017	Since 2017, South Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Henry McMaster (R) and a Republican majority state legislature	S. Carolina S. 218 (Reg. Session 2017)
South Dakota	0
Tennessee	1	2013	Since 2013, Tennessee has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave.	Gov. Bill Haslam (R) and a Republican majority state legislature	Tenn. Code Ann. § 7-51-1802
Texas	0
Utah	0
Virginia	0
West Virginia	0
Wisconsin	1	2011	Since 2011, Wisconsin has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. Any existing local paid leave ordinances (including an ordinance in Milwaukee) were repealed.	Gov. Scott Walker (R) and a Republican majority state legislature	Wis. Stat. § 103.10(1m)
Wyoming	0
Washington D.C.	0
Washington	0
Minnesota	0
Nebraska	0
New York	0
Connecticut	0
Vermont	0

Note: New Jersey and Oregon have enacted statewide paid sick days laws that guarantee paid sick days for most workers, but also prohibit localities from passing more generous policies.

Source: Worker rights preemption in the U.S., the Economic Policy Institute’s preemption law tracker

National paid sick leave legislation is one important step toward reducing the economic inequality underscored by the COVID-19 pandemic. But it’s one of many steps needed to reduce the spread of illness, ensure medical care for those in need, provide a viable safety net for those workers whose jobs are at risk, and counter the economic slowdown that the pandemic is causing.