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Sick leave (or paid sick days or sick pay) is
paid time off Paid time off, planned time off, or personal time off (PTO), is a policy in some employee handbooks that provides a bank of hours in which the employer pools sick days, vacation days, and personal days that allows employees to use as the need o ...
from
work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal t ...
that workers can use to stay home to address their
health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
needs without losing pay. It differs from
paid vacation Annual leave is a period of paid time off work granted by employers to employees to be used for whatever the employee wishes. Depending on the employer's policies, differing number of days may be offered, and the employee may be required to g ...
time or time off work to deal with personal matters, because sick leave is intended for health-related purposes. Sick leave can include a mental health day and taking time away from work to go to a scheduled doctor's appointment. Some policies also allow paid sick time to be used to care for sick
family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
members, or to address health and safety needs related to
domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
or
sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
.
Menstrual leave Menstrual leave is a type of leave where a person may have the option to take paid or unpaid leave from their employment if they are menstruating and are unable to go to work because of this. Throughout its history, menstrual leave has been assoc ...
is another type of time off work for a health-related reason, but it is not always paid. In most nations, some or all
employers Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a co ...
are required to pay their
employees Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
for some time away from work when they are ill. Most European, many Latin American, a few African and a few Asian countries have legal requirements for paid sick leave for employees. In nations without laws mandating paid sick leave, some
employer Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
s offer it voluntarily or as the result of a
collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
. However, in countries with poorer labor laws such as South Korea, employees are usually forced to use paid vacation time for sick leaves, and the sick leaves exceeding the remaining vacation time are unpaid. Even where sick leave is normally required for all employees, the business owner may not be considered an employee or have access to paid sick leave, especially in a
microbusiness A micro-enterprise (or microenterprise) is generally defined as a small business employing nine people or fewer, and having a balance sheet or turnover less than a certain amount (e.g. €2 million or PhP 3 million). The terms microenterprise an ...
that is operated by the owners. Paid sick leave can reduce
employee turnover In human resources, turnover is the act of replacing an employee with a new employee. Partings between organizations and employees may consist of termination, retirement, death, interagency transfers, and resignations.Trip, R. (n.d.). Turnover-S ...
, increase productivity, and reduce the spread of disease in the workplace and in the community. Naturally, paying workers when they are not working due to illness costs money that could be used for other purposes, such as higher profits or other benefits.


Impact

Studies show that workers are less likely to take time off for injury or illness when they do not have paid sick leave. Workers without paid sick leave are also less likely to obtain preventive medical care, such as cancer screenings and flu shots. Workers with paid sick leave are less likely to experience workplace injuries. Paid sick leave can reduce the overall frequency of time off work, as workers are less likely to spread disease to co-workers and the surrounding community. Parents who have access to paid sick leave are more likely to take time away from work to care for their sick kids. Working parents without paid sick days may feel compelled to send their sick children to school, where the children spread infections to other students and school staff, and additionally experience negative short- and long-term health outcomes themselves. Workers without access to paid sick leave will go to work while sick, which spreads the infections to other workers. Nearly seven in ten U.S. workers (68 percent) report they have gone to work with the
stomach flu Gastroenteritis, also known as infectious diarrhea and gastro, is an inflammation of the gastrointestinal tract including the stomach and intestine. Symptoms may include diarrhea, vomiting, and abdominal pain. Fever, lack of energy, and dehydr ...
or other contagious disease.Smith, ''Paid Sick Days''. Nearly half reported that they went to work sick because they could not afford to lose the pay. Thirty percent of workers report they contracted the flu from a colleague. According to a 2020 study, requiring paid sick leave in
Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...
led to a reduction in the number of workers who reported working while sick. In 2010, a
non-random In common usage, randomness is the apparent or actual lack of pattern or predictability in events. A random sequence of events, symbols or steps often has no order and does not follow an intelligible pattern or combination. Individual ran ...
survey of some New York City employers by the
Partnership for New York City The Partnership for New York City, formerly called the New York City Partnership, is a nonprofit membership organization consisting of a select group of nearly three hundred CEOs ("Partners") from New York City's top corporate, investment and entre ...
estimated that introducing a new paid sick leave mandate, in which employees of small businesses would get a minimum of five days paid sick leave per year and employees of large businesses would get a minimum of nine days paid sick leave per year, would increase total payroll expenses in the city by 0.3%, with the burden largely falling on the fraction of businesses that did not already pay for any sick leave, or that offered sick leave only to long-time employees. The total cost of providing paid sick leave in that high-cost market was estimated to be around 40 or 50 cents per hour worked. Presenteeism costs the U.S. economy $180 billion annually in lost productivity. For employers, this costs an average of $255 per employee per year and exceeds the cost of absenteeism and medical and disability benefits. For workers in the foodservice industry, one analysis found that
foodborne illness Foodborne illness (also foodborne disease and food poisoning) is any illness resulting from the spoilage of contaminated food by pathogenic bacteria, viruses, or parasites that contaminate food, as well as prions (the agents of mad cow disease) ...
outbreak for a chain restaurantincluding negative public opinion, which affects other operations in a metropolitan areacan be up to $7million.


Existing provisions

At least 145 countries require paid sick leave for short- or long-term illnesses, with 127 providing a week or more annually.


European Union

Each European Union (EU) Member State has domestic sick leave and sickness benefits: * Sick leave is a right to be absent from work during sickness and return to one's job when recovered. * Sickness benefit is a social protection system paid as a fixed rate of previous earnings or a flat-rate amount. In most of those States, some law, collective agreement, or employer choice may provide sick pay,Sick pay and sickness benefit schemes in the European Union Background report for the Social Protection Committee's In-Depth Review on sickness benefits Brussels, 17 October 2016 in the form of a time-limited continuous payment of salary by the employer. Directive 92/85 gives women the right to a minimum of 14 weeks of maternity leave including two compulsory weeks, paid at least at the national sick pay level. In 2009, the Court of Justice of the EU considered that workers on long term sick leave will not lose their right to holiday pay where they have been unable to take the holiday by virtue of being on sick leave: a worker cannot be deprived of the right to paid holiday when he or she has not had the opportunity to take it. Directive 2019/1158 gives men paternity leave: fathers or second parents have the right to take at least 10 working days of paternity leave compensated at least at the national sick pay level. EU minimum compulsory sick pay is 25% in Slovakia while the maximum is 100% in Belgium and Finland. Sickness benefit replacement rates range from 50% to 100% of the gross or net salary. The average flat-rate sickness benefit is around 20% in Malta and the UK (the latter of which was bound to EU rules until 2021). In recent decades many countries have reduced sickness benefits by introducing waiting periods, reduced income replacement rates, and sick pay. Women use more sick leave than men, and older people more than younger people. The sustainability of sickness benefit schemes is related to the nature of the agreement between the employer and the social security system. At the opposite, some people work during illness –
presenteeism Presenteeism or working while sick is the act or culture of employees continuing to work as a performative measure, despite having reduced productivity levels or negative consequences. Reduced productivity during presenteeism is often due to illnes ...
– which raises other issues.


Australia

Sick leave has its origins in trade union campaigns for its inclusion in industrial agreements. In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, it began to be introduced into industrial awards in 1922. From 1935 to the 1970s, paid sick leave was gradually introduced into federal awards until 10 days sick leave per year became standard. Under the Federal Government's industrial relations legislation, known as Fair Work, eligible employees are entitled to 10 days of paid personal leave (sick/carer's leave) per year, which also carries over to subsequent years if not used. In addition, Australian workers may be entitled to two days of
compassionate leave Compassion motivates people to go out of their way to relieve the physical, mental or emotional pains of others and themselves. Compassion is often regarded as being sensitive to the emotional aspects of the suffering of others. When based on n ...
for each permissible occasion where a member of their family or household contracts or develops a personal illness or sustains a personal injury that poses a threat to his or her life, or dies.


China

According to Chinese Labor Law, the sick leave system is established for employees who are suffering from illness or non-work-related
injuries An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, or ...
. During the medical treatment period, an
employer Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
cannot terminate the labor contract and must pay the sick-leave wage. Generally, an employee is compensated at 60 to 100 percent of their regular
wage A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
during the sick leave period, depending on the employee's
seniority Seniority is the state of being older or placed in a higher position of status relative to another individual, group, or organization. For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by ...
. The minimum sick leave is three months long for employees with less than a ten-year cumulative work history and less than five years' seniority with their current employer. Sick leave for workers with 20 years of work history and 15 years with their current employer are entitled to unlimited paid sick leave.


France

In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
paid sick leave is paid partly by social security ''(Sécurité sociale)'' and partly by the employer. It requires a medical justification no later than 48 hours after the first sick day. Social security pays only one part of the treatment, starting at the fourth day, and can make controls. The employer pays an additional part depending on
collective agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
and legislation. Basic legislation requires that an employee working for more than one year, starting at eighth sick day social security and employer together provides 90% of salary for at least 30 days. Ratio and number of days are computed according to the number of years worked in the company. Other legislation and agreements are applicable in other contexts such as sick child, pregnancy,
paternity leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity l ...
. Since 2011,
civil servants The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
are not paid for the first day of a sick leave ("jour de carence"). This rule was abolished in 2014, and then reinstated again since January 2018.


Germany

In
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, employers are legally required to provide at least six weeks of sick leave per illness at full salary if the employee can present a medical certificate of being ill (which is issued on a standard form). The salary paid during sick leave is partially refunded to employers. After these six weeks, an employee who is insured in the statutory health insurance (''Gesetzliche Krankenversicherung'') receives about 70% of their last salary, paid by the insurance. According to § 48 SGB V (social code5) the health insurance pays for a maximum of 78 weeks in case of a specific illness within a period of three years. In case another illness appears during the time when the employee is already on sick leave then the new illness will have no effect on the maximum duration of the payment. Only if the patient returns to work and falls sick again with a new diagnosis will the payment be extended. Fathers and mothers who are insured in the statutory health insurance and are raising a child younger than 12 years also have the right to paid leave if the child is sick (''Kinderkrankengeld''). The insurance pays for a maximum of 10 days per parent and per child (20 days for a single parent), limited to 25 days per year per parent (50 for a single parent). For patients with private health insurance, payments beyond the legally mandated first six weeks depending on the insurance contract.


India

Sick leave (also called medical leave in India) is the leave that an employee is legally entitled to when the employee is out of work due to illness. Medical leaves can be taken for a minimum of 0.5 to a maximum of 7 working days with 100% pay or a maximum of 14 days with 50% pay. It is wholly paid by the employer (unless the employee is covered by the Employees' State Insurance, in which case, ESI covers 80% of it while the rest is borne by the employer for 90 consecutive days). For all absences exceeding 2 consecutive days, a medical certificate from a doctor needs to be enclosed stating the reason and duration of the illness.


Poland

In Poland, employees receive 80% of their normal pay while on sick leave (100% in some specific cases). For the first 33 days in a calendar year (or 14 days, in case of employees who are over 50 years old), this is covered by the employer. After that, the payment is made by the
Social Insurance Institution The Social Insurance Institution ( pl, Zakład Ubezpieczeń Społecznych, ZUS) is a Polish state organization responsible for social insurance Social insurance is a form of social welfare that provides insurance against economic risks. The i ...
(ZUS). A medical certificate is required in every case.


Sweden

Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
has paid sick leave. Prior to 2019 the first sick day ( sv, sjukdag) was unpaid, whereas since 2019 a deduction ( sv, sjukdagsavdrag) of 20% of a worker's average weekly pay is made, which is intended to make the system fairer for non-salaried workers. After that day a minimum of 80% of the income is paid for 364 days and 75% for a further maximum 550 days. Collective employment contracts may specify a higher payment. A medical doctor must certify the illness no later than one week after the first sick day. The parent of a sick child (under 12) can get paid leave to care for the child (termed "temporary
parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" an ...
"). In that case the first day is also paid. The state pays all these benefits, except for the first two weeks of sick leave for employees, which is paid by the employer.


United Kingdom

The UK has sick leave, paid at £99.35 per week, with the first three days unpaid. A medical certificate (called "fit note" or "sick note") is only required for leave longer than 7 days, inclusive of non-working days.


United States

There is no federal requirement that employers in
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
provide paid sick leave to employees. Some states and local jurisdictions require it. (The federal
Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill C ...
(FMLA) mandates only ''unpaid'' leave and accrued vacation.) The Families First Coronavirus Response Act, passed by Congress and signed into law by President Trump in March 2020, mandated that the federal government implement paid sick leave for some workers. A 2009 analysis from the Bureau of Labor Statistics (BLS) found that around 39% of American workers in the private sector do not have paid sick leave. Around 79% of workers in low-wage industries do not have paid sick time. Most food service and hotel workers (78%) lack paid sick days. A 2008 survey reported that 77% of Americans believe that having paid sick days is "very important" for workers. Some workers report that they or a family member have been fired or suspended for missing work due to illness. A 2020 paper found that requiring paid sick leave in the U.S. likely increased overall
well-being Well-being, or wellbeing, also known as wellness, prudential value or quality of life, refers to what is intrinsically valuable relative ''to'' someone. So the well-being of a person is what is ultimately good ''for'' this person, what is in th ...
. When paid sick leave is required by law, workers tended to take two more days off work each year. U.S. federal law requires unpaid leave for serious illnesses through the
Family and Medical Leave Act The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill C ...
(FMLA). This law requires most medium-sized and larger employers to comply and, within those businesses, covers employees who have worked for their employer for at least 12 months prior to taking the leave. During the 2009 H1N1 influenza outbreak, the U.S.
Centers for Disease Control The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...
(CDC) recommended that anyone with flu-like symptoms remain at home. According to a report from the Institute for Women's Policy Research, more than eight million workers went to their jobs while sick during the H1N1 pandemic. In 2008, a sick employee at a
Chipotle A chipotle (, ; ), or ''chilpotle'', is a smoke-dried ripe jalapeño chili pepper used for seasoning. It is a chili used primarily in Mexican and Mexican-inspired cuisines, such as Tex-Mex and Southwestern United States dishes. It comes in dif ...
restaurant in
Kent, Ohio Kent is a city in the U.S. state of Ohio and the largest city in Portage County. It is located along the Cuyahoga River in Northeast Ohio on the western edge of the county. The population was 28,215 at the 2020 Census. The city is counted as pa ...
likely caused an outbreak that resulted in over 500 people becoming ill. The outbreak cost that community between $130,233 and $305,337 in lost wages, lost productivity, and health care costs.


State and local laws

Since 2006 and as of 2021, 15 states,
Washington D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, Na ...
, and an increasing number of other cities have implemented some form of paid sick leave. In November 2006, the voters of
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
passed a ballot initiative making the city the first in the country to guarantee paid sick days to all workers. In March 2008, the
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
Council voted unanimously to pass legislation guaranteeing workers paid sick time. The law does not cover tipped restaurant workers or workers in the first year of employment. The D.C. law was also the first in the United States to include paid "safe" days for victims of domestic violence, sexual assault, or stalking. On July 1, 2011,
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
Governor Dannel P. Malloy signed into law Public Act No. 11-52 which made Connecticut the first state to mandate paid sick leave. The Act, which only narrowly passed through Connecticut's Senate (18–17) and House of Representatives (76–65), took effect on January 1, 2012, and requires employers to allow their "service workers" to earn one hour of paid sick leave for every 40 hours worked, capped at a maximum of 40 hours per year. The Act applies to the "service workers" of employers with 50 or more employees in Connecticut during any single quarter in the previous year. On September 8, 2014, California Governor Jerry Brown announced that he would sign the Healthy Workplaces, Healthy Families Act of 2014 to require employers to offer paid sick leave to employees. California would become the second state after Connecticut to require paid days off for ill employees. On November 4, 2014, Massachusetts voters approved "Question 4", a ballot measure mandating sick pay for all part-time and full-time workers at firms with more than 11 employees. The law was passed 59–41 and came into effect July 1, 2015. On June 12, 2015, the Oregon legislature passed OL 537, 2015 mandating sick pay for all workers at businesses with at least ten employees (six for cities with more than 500,000 inhabitants, e.g. Portland) effective January 1, 2016.


Other countries

At least 145 countries provide paid sick days for short- or long-term illnesses, with 127 providing a week or more annually. 98 countries guarantee one month or more of paid sick days.Jody Heymann, Alison Earle, and Jeffrey Hayes
''The Work, Family and Equity Index: How Does the United States Measure Up?'', Institute for Health & Social Policy, 2007.
Many high-income economies require employers to provide paid sick days upwards of 10 days, including: the Netherlands, Switzerland, Sweden, Denmark, Finland, and Singapore.


History

Already in 1500 BCE, at least some of the workers who built the tombs of Egyptian
pharaoh Pharaoh (, ; Egyptian: ''pr ꜥꜣ''; cop, , Pǝrro; Biblical Hebrew: ''Parʿō'') is the vernacular term often used by modern authors for the kings of ancient Egypt who ruled as monarchs from the First Dynasty (c. 3150 BC) until the an ...
s received paid sick leave as well as state-supported
health care Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...
.


See also

*
Annual leave Annual leave is a period of paid time off work granted by employers to employees to be used for whatever the employee wishes. Depending on the employer's policies, differing number of days may be offered, and the employee may be required to gi ...
*
Broodfonds Broodfonds (English: "Bread fund") is a Dutch collective that allows independent entrepreneurs to provide each other with temporary sick leave. Those who wish to participate in a bread fund can join an existing group of likeminded entrepreneurs, or ...
*
Employee benefit Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any oth ...
*
Labour and employment law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
*
List of statutory minimum employment leave by country In the majority of nations, including all industrialised nations except the United States, advances in employee relations have seen the introduction of statutory agreements for minimum employee leave from work—that is the amount of entitlemen ...
*
Long service leave In Australia, long service leave (LSL) is a period of additional paid leave granted to employees who have completed an extended period of service with an employer. Under Australian law, most employees are entitled to long service leave if they wo ...
* Medical Care and Sickness Benefits Convention, 1969 *
Parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" an ...
*
Presenteeism Presenteeism or working while sick is the act or culture of employees continuing to work as a performative measure, despite having reduced productivity levels or negative consequences. Reduced productivity during presenteeism is often due to illnes ...
*
Social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...


References


External links


Managing health at work – recording and monitoring information on sickness absence including work relatedness
by P Ritchie and others. HSE Research Report 310/2005 {{DEFAULTSORT:Sick Leave Leave of absence Social security Labour law