243751 Calling in sick: Analyzing the legal, political and social feasibility of paid sick leave ordinances

Tuesday, November 1, 2011

Andy Baker-White, JD, MPH , University of Michigan School of Public Health, Network for Public Health Law - Mid-States Region, Ann Arbor, MI
Staying home from work when sick prevents the spread of communicable illness, like flu, and promotes healthy communities. However, because of financial insecurities, many employees in the U.S. cannot stay home when sick. Instead, these employees go to work while contagious and risk the health of their co-workers, customers, and the public. Some cities have successfully enacted paid sick leave ordinances and require employers to provide employees with accrued paid sick days. Paid sick leave ordinances allow sick employees to stay home, prevents the employee's loss of income or job, and protects community health. Research methods included a review of statutory and regulatory documents, including paid sick leave ordinances, relevant case law, and reports assessing the impact of paid sick leave ordinances. In this session we will first examine the public health rationale behind paid sick leave ordinances and the legal authority local governments use to enact them. Next, we will survey the enactment of and challenges to paid sick leave ordinances in three municipalities (San Francisco, Washington, D.C., and Milwaukee), and analyze the legal, political and social bases for an ordinance's success and failure. Finally, we will examine the specter of federal preemption of local paid sick leave ordinances.

Learning Areas:
Advocacy for health and health education
Protection of the public in relation to communicable diseases including prevention or control
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy

Learning Objectives:
1. Discuss the public health rationale and authority for paid sick leave ordinances. 2. Evaluate the legal and political feasibility of paid sick leave legislation. 3. Explain the impact of potential federal preemption on local paid sick leave ordinances.

Keywords: Law, Sickness Absence

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I am a licensed attorney and the Assistant Director of the Public Health Law Network’s Mid-States Regional Center. The Public Health Law Network connects professionals, delivers technical assistance and provides training to help public health practitioners; local, tribal, state and federal officials; lawyers; policy-makers; and public health advocates apply the law to improve public health.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

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