Sick Days in America

Sick leave policies in the U.S. differ a lot. They depend on state laws, employer rules, and industry practices. The U.S. lacks a federal law for paid sick leave. Many other developed countries require employers to offer this benefit, but not here. This leads to unequal access to time off when employees get sick. It affects public health and reduces workplace productivity.

The State of Sick Leave in the U.S.

While some employees receive generous paid sick leave benefits, others may have little to no protection. The Family and Medical Leave Act (FMLA) offers unpaid leave for serious medical conditions. However, it does not cover everyday illnesses or ensure paid time off. The U.S. Bureau of Labor Statistics says only 78% of private-sector workers get paid sick leave. This leaves millions without support when they need time off to heal.

Paid Sick Leave Laws by State

Because there is no federal mandate, states and cities have implemented their own policies. Some states that require employers to provide paid sick leave include:

  • Florida: Florida does not require employers to provide paid sick leave. However, some cities like Miami and Orlando have their own ordinances. 
  • Texas: Texas does not mandate paid sick leave. The state supreme court struck down an Austin paid sick leave law.
  • Colorado: Employers must provide 1 hour of paid sick leave for every 30 hours worked. 
  • DC: Employers must provide at least 1 hour of paid sick leave for every 87 hours worked. 
  • New Mexico: There is no statewide mandate, but some cities like Albuquerque require it.
  • Arizona: For most employees, Arizona employers must provide at least 1 hour of paid sick leave for every 20 hours worked.

Many states don’t have paid sick leave laws. This means it’s up to employers to decide. As a result, many workers don’t get guaranteed time off.

The Impact of Lack of Paid Sick Leave

Without paid sick leave, workers often have to choose between their health and money. Common consequences include:

  • Increased workplace illness: Employees who cannot afford to take time off may come to work while sick, spreading illnesses to coworkers and customers.
  • Lost wages: Workers who do take unpaid sick days face financial hardship, particularly those in lower-wage industries.
  • Reduced productivity: Sick employees working through an illness are less efficient, affecting overall workplace productivity.
  • Healthcare costs: Delaying medical treatment due to lack of sick leave can lead to more severe health issues and higher medical expenses.

The absence of paid sick leave creates a ripple effect that harms not only individual workers but also businesses and public health.

Sick Leave and Employment Protections

While federal law does not mandate paid sick leave, there are legal protections available:

  • Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for eligible employees dealing with serious health conditions.
  • Americans with Disabilities Act (ADA): Protects employees with disabilities or chronic illnesses from discrimination.
  • Occupational Safety and Health Administration (OSHA): Employers must provide a safe workplace, which may include reasonable sick leave accommodations during public health crises.

Most employees must rely on employer policies or federally protected leave through the FMLA. Some local governments have attempted to introduce paid sick leave laws, but they have faced legal challenges. As a result, many workers in the state must choose between taking unpaid leave or working while sick.

The Future of Sick Leave in the U.S.

The COVID-19 pandemic highlighted the need for better sick leave policies to protect public health. Many states and cities put in place emergency paid sick leave. This led to talks about making these changes permanent. Federal proposals, such as the Healthy Families Act, aim to require businesses to offer paid sick leave, but such policies remain debated in Congress.

Sick leave policies in the U.S. remain inconsistent, with access largely depending on state laws and employer discretion. If you have questions about sick leave, contact an attorney who can help. 

Contact an Orlando Personal Injury lawyer at Norden Leacox Accident & Injury Law Today

For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.

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