Bill Summary for An Act Establishing Paid Sick Days

Lead Sponsors: Senator Patricia D. Jehlen, Representative Kay Khan  

Bill Number: SB688/HB1815

General Laws Affected: Chapter 149, Section 148

Key Provisions to promote the health and wealfare of families in the commonwealth, and to advance more productive and equitable workplaces: 

• Eligible employees: All employees.
• Covered employers: All employers (public and private) but an employer who already offers a more generous benefit will not have to modify its benefit plans.
• Employees may earn up to 7 paid sick days per year, at a rate of 1 hour for every 30 hours worked.
• Employees may use leave intermittently and on a reduced work schedule basis.
• Allowable uses:
  • Illness, injury or health condition that requires staying home, or professional medical care.
  • Attending routine medical appointments.
  • Absences for domestic violence victims.
• Paid sick days may be used by employees for themselves or to care for their child, spouse, parent or parent of spouse. 

Paid Leave Coalition rally at the Democratic State ConventionRationale:
Nearly every worker in the Commonwealth is likely to need, during any given year, time-off to attend to their own illness or that of an immediate family member, or for routine medical care. Almost half of all private sector workers do not earn a single paid sick day per year. Low-income workers are significantly worse off. Over three quarters of the poorest families 76 percent lack any regular paid sick leave.

When parents are available to care for their children who become sick, the children's recovery is faster, more serious illnesses are prevented, and the children's overall mental and physical health is improved. Parents who cannot afford to miss work must send children with a contagious illness to childcare or school, contributing to the high rate of infections in child care centers and schools. The majority of elder-care is performed by working family members. About one in every four employees has provided informal care to an elderly family member or friend in the past year.

Public health is jeopardized as many workers who do not have paid sick days have the most frequent contact with the public such as workers in food services, nursing homes, child care centers, and retail clerks. The spread of contagious diseases such as the flu cannot be stopped without a universally adopted paid sick days policy. 

Providing 7 paid sick days per year to employees is affordable for employers and good for business. Requiring all employers to provide paid sick days levels the playing field for employers by taking this important benefit out of competition. Employers who provide paid sick days see greater retention and avoid the problems of "presenteeism" or employees coming to work sick. Studies have shown that costs from on-the-job productivity losses as a result of presenteeism exceed the costs of absenteeism, medical and disability benefits.

The Institute for Women's Policy Research estimated the costs and benefits of the Act Establishing Paid Sick Days and found that Massachusetts businesses would save a total of $130,000,000 if paid sicks days were gauranteed. To read the summary of the report, Valuing Good Health in Massachusetts: The Costs and Benefits of Paid Sick Days, click here.

Healthy Families Act of 2009:
On the national level, Senator Edward Kennedy has introduced the Healthy Families Act, federal legislation that would allow all employees to accumulate one hour of paid sick time for every thirty hours worked. The Act was reintroduced in March of 2009, after it had been thwarted in previous congressional sessions by the Bush Administration. Fortunately, both President Obama and First Lady Michelle Obama have come out in favor of paid sick days.  Rep. Rosa DeLauro of Connecticut has introduced the Act into the House. The nationwide push for paid sick days is apparent: San Francisco and Washington D.C. have laws on the books granting paid sick days, and ten other states, including here in Massachusetts and our neighbors in Connecticut, are also reviewing similar legislation.

The American Productivity Audit found that "presenteeism" - the act of going to work despite being ill, costs $180,000,000,000 dollars a year in lost productivity. Many studies have been conducted that show significant public health benefits would result from the enactment of the Healthy Families Act. To read a study done by the Center for Economic and Policy Research, click here. To read a health impact assessment conducted by the Human Impact Partners in conjunction with the San Francisco Department of Public Health, click here.