Flying just under the political radar in state politics is the issue of paid sick days. Ten states — Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, North Carolina, Tennessee, and Wisconsin — have passed preemption laws that ban all cities and counties from enacting paid sick days bills, and that’s just the tip of the iceberg: the trend is now moving to New York and New Jersey.
As the law stands today, employers in a workforce of over fifty employees are entitled to 12 weeks of unpaid leave per year, as issued enforced by the Department of Labor under the Family and Medical Leave Act (FMLA). Although this law stops employers from firing staff, it provides no regulations on temporary short-term illness. It is up to the discretion of companies to set their own employment laws on this issue.
It is estimated that there are nearly 40 million people who work in jobs with no paid sick days at all, including around 40 percent of the private sector workforce. For some workers, taking even one unpaid day sick can cost them their jobs.
Walmart workers say it’s almost impossible to take a sick day without getting written up, even if they follow the rules exactly.
“All absences, including sick days, are counted as grounds for discipline up to termination,” said Venanzi Luna, a California Walmart worker and member of OUR Walmart.
Most of the jobs with no sick pay are low paying jobs like retail, restaurant workers, hotel staff, production line manufacturing and cleaning staff. For millions of Americans, following the doctor’s orders could result in losing pay and possibly a job. In the restaurant industry, the problem is especially acute and has alarming public health ramifications: about three in four restaurant workers are unable to earn paid sick days, and many report having to prepare or serve food while ill.
Corporate lobby groups like the National Restaurant Association, which represents a $600 billion industry, and American Legislative Campaign Council (ALEC), have worked behind the scenes to impose restrictions on this issue.
The preemption bills at the state level prevent localities from allowing workers to earn paid sick days even if locals have voted in favor of it. The sick pay issue was first attacked in the Wisconsin battle to squash collective bargaining for public employees, when Gov. Scott Walker (R) introduced sweeping cuts to education, healthcare and employment rights.
Back in November 2008, Milwaukee voters passed a paid sick-day ordinance with nearly 70 percent of the vote. Despite this huge majority, the Wisconsin Restaurant Association and the Milwaukee Metropolitan Association of Commerce took the issue to court and lost. Eventually, Gov. Walker introduced his preemption laws on paid sick leave, and now other states are following suit.
In Florida, the battle over the preemption laws has sparked a campaign to boycott the Olive Garden and Red Lobster restaurant chains.
In a statement, the campaign reveals the real hardships caused by current policy:
“With wages as low as $2.13 an hour, many workers at Red Lobster, Olive Garden, and other Darden restaurants can’t afford to take time off when they get sick, and some managers even threaten to fire sick workers who stay home. And Darden can clearly afford to offer workers a better deal — it’s one of the most profitable restaurant chains in America, and it’s given its CEO, Clarence Otis, Jr. a 225% raise since 2005.”
Darden restaurants owns over 2,000 chain restaurants across the U.S., including the Olive Garden, Red Lobster and Capital Grille. As each state has different rules for taking sick days, the question is whether Darden will change its policies in accordance with particular state laws, or set a policy for all its restaurants.
Workers and advocates of the sick pay campaign feel that more should be done to address worker’s rights. The campaign states:
“When it comes to abusive practices at Darden-owned restaurants, the lack of sick days is just the tip of the iceberg. Workers are also subjected to low pay, frequent wage theft, racial discrimination, and lack of opportunities for promotion.”
On the issue of paid sick days, most Americans believe there should be some legal provisions for times of sickness. The preemption laws that ban paid sick leave fly in the face of public opinion. Three-quarters of Americans — including 59 percent of Republicans — think there should be a law guaranteeing all workers a minimum number of paid sick days.