Introduction
Paid sick leave is associated with lower mortality risks and increased use of health
services. Yet, the U.S. lacks a national law, and not all employers offer paid leave,
especially to low-wage workers. States have enacted paid sick-leave laws or preemption
laws that prohibit local governments from enacting paid sick-leave requirements.
Methods
In 2019 and 2021, state paid sick-leave laws and preemption laws in effect in 2009–2020
were retrieved from Lexis+, coded, and analyzed for coverage and other features. Data
from the U.S. Bureau of Economic Analysis were used to estimate the jobs covered by
state paid sick-leave laws in 2009–2019.
Results
In 2009, no state had a paid sick-leave law, and 1 state had preemption. By 2020,
a total of 12 states had paid sick-leave laws, with a form of preemption (n=9) or no preemption (n=3), and 18 additional states solely preempted local laws without requiring coverage,
creating a regulatory vacuum in those states. Although all state paid sick-leave laws
covered private employers and required care for children and spouses, some laws exempted
small or public employers or did not cover additional family members. The percentage
of U.S. jobs covered by state-required paid sick leave grew from 0% in 2009 to 27.6%
in 2019.
Conclusions
Variation in state paid sick-leave laws, preemption, and lack of employer provision
of paid sick leave to low-wage workers creates substantial inequities nationally.
The federal government should enact a national paid sick-leave law.
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Article Info
Publication History
Published online: February 09, 2022
Identification
Copyright
© 2022 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.
