Podcast: Paid Leave Laws Expanding Across US

Author: David B. Weisenfeld, XpertHR Legal Editor

March 6, 2014

With New York City and Newark, NJ set to join the ranks of San Francisco, Seattle and other cities with paid sick leave laws, employers across the US must begin to pay attention to this growing trend. These laws apply to private-sector employers, and some states are considering legislation to expand employee rights in this area.

Portland, OR employment attorney Kyle Abraham, of Barran Liebman, appeared on a new XpertHR podcast to discuss this trend and what it means for employers. Abraham's home city is among those that have enacted a paid sick leave ordinance.

Abraham says that while the cost issue may be scary for employers, he calls it a nonfactor in many ways. According to Abraham, studies have consistently shown that the benefits of paid sick leave offset the costs through:

  • Increased morale and productivity;
  • Reduced absenteeism; and
  • Lower turnover rates.

For instance, he cites one study done by a pro-employer Seattle group that compiled economic data and showed no evidence of widespread negative impact of that city's paid sick leave law on employers.

"What I would encourage employers to do is to be proactive in this area," Abraham says. "I think employers are missing the opportunity to help legislators shape how these laws are going to be developed and implemented." He advises that by engaging local legislators, employers have a better chance of ensuring that the laws make sense.

Connecticut is the lone state to have adopted a paid sick leave law. But the Washington State House of Representatives passed a bill in January 2014 that would provide statewide sick leave, and Abraham says he thinks others will follow suit.

The Portland employment attorney also addresses paid family leave on the podcast. California and New Jersey currently offer paid family leave.

Abraham says paid sick leave and paid family leave laws are often confused. "Paid sick time laws require the employers to provide the cost of the time off," Abraham says. "Paid family leave laws require employee contributions and some require employer contributions as well to fund a pot of money which is distributed to eligible employees during their time off."