Paid Sick Days: Exploring the Need, Health Impact and Legal Establishment of Paid Sick Leave Thursday February 21, 2013

Transcription

1 Paid Sick Days: Exploring the Need, Health Impact and Legal Establishment of Paid Sick Leave Thursday February 21, 2013 American Society of Law, Medicine & Ethics Network for Public Health Law Public Health Law Research Program The legal information and assistance provided in this webinar does not constitute legal advice or legal representation, and does not reflect the opinion of the series partners.

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3 Introducing the Public Health Law Webinar Series A series focused on providing substantive knowledge on important issues in public health law May qualify for CLE credits, details will be sent after the webinar Webinar series partners include: American Society of Law, Medicine & Ethics Network for Public Health Law Public Health Law Research Program Next webinar is Thursday, March 21 New Jersey GDL law

4 Paid Sick Days: Exploring the Need, Health Impact and Legal Establishment of Paid Sick Leave PRESENTERS Vicki Shabo, M.A. J.D. Director of Work and Family Programs, National Partnership for Women & Families Nick Lacata, City Councilmember, Seattle, WA Abay Asfaw, Ph.D. Senior Service Fellow, Office of the Director, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention

5 Paid Sick Days: A Critical Need for Working Families Vicki Shabo Director of Work and Family Programs Network for Public Health Law Webinar February 21, 2013

6 About us The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and policies that help women and men meet the dual demands of work and family. More information is available at

7 Urgent Need, Significant Consequences 44 million: number of workers without paid sick days, millions more without paid sick days to care for a child or family member 82 percent of lowest wage workers no paid sick days vs. 14 percent of highest wage workers. 3.5 days: number of unpaid days off that jeopardize a family s monthly grocery budget 23 percent: share of U.S. adult population that has experienced or been threatened with job loss for taking a sick day $160 billion: cost to economy annually due to lost productivity from illness Sources: Institute for Women s Policy Research (2011), Bureau of Labor Statistics (2012), Economic Policy Institute (2011), NORC/U. Chicago (2010) 7

8 40 Million Workers: No Paid Sick Time Percent of Private Sector Workers Without Access to Paid Sick Time Source: Bureau of Labor Statistics (2012) 8

9 Low Rates and Disparities For Key Groups Parents: 52% don t earn paid sick days to care for sick kids Mothers are more likely to stay home with sick kids and more likely to lose pay when they do. Food workers: 77% in private sector don t earn paid sick days Personal care workers: 62% in private sector don t earn paid sick days Racial/ethnic disparities 44% African Americans in private sector don t earn paid sick days 58% of Latinos 40% of whites Sources: Carsey Institute, UNH (2012), Institute for Women s Policy Research (1/2011, 3/2011) 9

10 Lack of Paid Sick Days Means More Sick People at Work or School Responses among adults overall 1.5 times more likely Responses among parents with children under times more likely Source: NORC/University of Chicago poll (2010) 10

11 Workers Without Paid Sick Days are More Likely to Go to the Emergency Room Responses among adults overall Responses among parents with children under 18 2 times more likely 5 times more likely Source: NORC/University of Chicago poll (2010) 11

12 Economic and Health Repercussions Workers lose pay and risk job loss. 23 percent have lost a job or been threatened with job loss because of personal or family illness. One in three parents of kids in day care concerned about losing job or pay to care for sick kid. Contagious illnesses spread through workplaces, schools and day cares. Injuries are more common. Five million additional people infected during the 2009 H1N1 pandemic. Two-thirds of restaurant workers and cooks report working sick. Workers without paid sick days are approx. 1/3 more likely to be injured. Needed health care is delayed, and costs rise as a result. 1.3 million extra visits to the emergency room annually, costing $1.1 billion per year Sources: NORC/U. Chicago (2010), U. Mich. C.S. Mott Children s Hospital (2012), American Journal of Public Health ( 2011, 2012), Restaurant Opportunities Centers United (2010), Institute for Women s Policy Research (2011) 12

13 Paid Sick Days Laws Engender Broad Public Support Do you favor or oppose a law guaranteeing all workers a minimum number of paid sick days to care for themselves or immediate family members? 75% Net Favor: +51 points 24% Source: NORC/U. Chicago (2010) Red = strongly favor/oppose Orange = somewhat favor/oppose 13

14 Paid Sick Days Benefit Us All Reduced contagion: Sick workers with paid sick days are more likely to stay home. Reduced health care costs: Workers with paid sick days are less likely to use ERs as an alternative to regular care ($1.1 billion savings per year). Better health: Workers and families are healthier when they have time to seek preventive care. Increased business productivity: Paid sick days reduce presenteeism, lower turnover. Vibrant economy: Job security and receipt of wages boost consumer spending. 14

15 Paid Sick Days Timeline 2004: Healthy Families Act (federal) introduced 2006: San Francisco (successful ballot initiative) 2008: Ohio (ballot initiative qualified, later withdrawn) 2008: Washington, D.C. (legislative win) 2008: Milwaukee (initiative passed, but preempted in by statute in 2011) June 2011: Connecticut (legislative win) September 2011: Seattle (legislative win) October 2011: Philadelphia living wage amendment (legislative win) November 2011: Denver (ballot initiative defeated in offyear election) September 2012: Orange Co., Fl. (City Council kept measure off ballot ongoing legal fight) 15

16 2011 Paid Sick Days Victories Connecticut Seattle First Step in Philadelphia 16

17 Paid Sick Days in 2013: State/Local Legislation and Campaigns Iowa

18 For More Information Contact me: Vicki Shabo Director of Work and Family Programs Find us: Follow us:

19 Seattle s Experience Adopting a Paid Sick Leave Ordinance - Seattle City Councilmember Nick Licata American Society of Law, Medicine & Ethics Network for Public Health Law Public Health Law Research Program The legal information and assistance provided in this webinar does not constitute legal advice or legal representation, nor reflect the opinion of the series partners.

20 Developing Legislation Technical considerations What is the legal authority to regulate? How does the legal power to regulate affect the scope of what is proposed? Finding appropriate models legislation from other jurisdictions as models what translates and what doesn t? Tactical considerations proposed legislation as a baseline for future negotiations and potential amendments. Seattle s Experience Adopting Paid Sick Leave Ordinance

21 Public Process and The Less Public Process working behind the scenes How to educate the public about the proposal and how to involve the stakeholders who will be directed affected? Developing appropriate forums to hear from stakeholders, supporters, critics. Understanding a Council s legislative process committee meetings and public hearings. Should you engage key stakeholders who may not be supporters to develop a compromise? If so, how to identify those who are willing to come to the table and create a forum for meaningful discussions? Working with elected bill sponsors to find the other Council votes needed for passage. Seattle s Experience Adopting Paid Sick Leave Ordinance

22 Paid Sick Leave and Nonfatal Occupational Injury* Abay Asfaw, Regina Pana-Cryan, Roger Rosa American Society of Law, Medicine & Ethics Network for Public Health Law Public Health Law Research Program * The full paper, upon which this presentation is based, is published by the American Journal of Public Health. The legal information and assistance provided in this webinar does not constitute legal advice or legal representation, nor reflect the opinion of the series partners.

23 Background Despite the advantages of paid sick leave (PSL) for both workers and employers, the number of private sector workers who have access to it remains low. In 2010, 89% of workers in state and local governments had access to PSL compared to only 62% of workers in the private sector ( Empirical evidence about the benefits of PSL would help inform employer decisions about offering or expanding PSL to workers. Paid Sick Leave and Nonfatal Occupational Injury

24 Objectives To examine the association between worker access to PSL and the incidence of nonfatal occupational injuries in the U.S. private sector, from the employer s perspective. To explore this association in different industries and occupations. Paid Sick Leave and Nonfatal Occupational Injury

25 Hypothesis There is often a pressure to work while sick or a family member is seriously ill for fear of losing income. Sick or stressed workers who continue to work may: experience sleep problems or be fatigued take medications that cause drowsiness while on the job These and other factors can impair the ability of workers to concentrate or make sound decisions, which can increase the risk of injury. Paid Sick Leave and Nonfatal Occupational Injury

26 Data & Measurement We used the adult sample of the National Health Interview Survey for We measured access to PSL using the question Do you have paid sick leave on this MAIN job? Injuries that required medical consultation during the 3 months prior to the survey were considered. Only private-sector workers were considered because most public-sector workers have access to PSL. More than 38,000 working adults with complete information were included in our analysis. Paid Sick Leave and Nonfatal Occupational Injury

27 Method Paid Sick Leave and Nonfatal Occupational Injury

28 Results: Descriptive Statistics Access to PSL by private/public sectors Significant variation was observed among different sectors: Paid Sick Leave and Nonfatal Occupational Injury

29 Results: Descriptive Statistics Trend of PSL The percentage of private sector workers with access to paid sick leave remained constant at 57% ( ). Paid Sick Leave and Nonfatal Occupational Injury

30 Results: Descriptive Statistics Access to PSL by industry sectors Significant variation among industry sectors was observed (F = 36, p < 0.001): Paid Sick Leave and Nonfatal Occupational Injury

31 Results: Descriptive Statistics Association between PSL and occupational injury Between 2005 & 2008 the average annual incidence of nonfatal occupational injury was 3.24 per 100 FTE workers. Significant variation was observed between workers with and without PSL. The incidence rate of nonfatal occupational injury for: Workers with access to PSL = 2.59/100 FTE Workers without access to PSL = 4.18/100 FTE This 61% difference is statistically significant (p <0.1%). Paid Sick Leave and Nonfatal Occupational Injury

32 Results: Multivariate Analysis Variable OR [95% CI] Male 2.187*** Age Age squared 0.999*** Married Years of education 0.961** Family size 0.927* Hourly 2.204*** PSL available at workplace 0.724** Nora sectors (8 sectors) Firm size (4 size of firms) Region (4 regions) Number of observations 38,139 Wald chi 2 (23)(sig) (0.000) Overall Most of the variables took the expected sign. The coefficient of the PSL variable was negative and statistically significant. After controlling for all covariates, the odds of workers with access to PSL to be injured was 28% lower than workers without access to PSL. significant at: * <10%, ** < 5%, and *** <1% level Paid Sick Leave and Nonfatal Occupational Injury

33 Results: Multivariate Analysis By size of firms Predicted probability of injury by access to PSL & firm size (%) Access to PSL could help to reduce the probability of workers suffering nonfatal occupational injuries in firms of all sizes. Paid Sick Leave and Nonfatal Occupational Injury

34 Results: Multivariate Analysis By sector The predicted probability of injury was higher for workers without PSL than for workers with PSL in all sectors. Greatest differences occurring in high risk sectors. E.g. A construction worker without PSL had a 21% higher pred. probability of suffering an injury than did a construction worker with access to PSL. Paid Sick Leave and Nonfatal Occupational Injury

35 Results: Multivariate Analysis By occupation Paid Sick Leave and Nonfatal Occupational Injury

36 Conclusion Similar to other investments in worker safety and health, introducing or expanding PSL programs might help businesses reduce nonfatal occupational injuries. Having access to PSL might reduce the pressure to work while ill/stressed out of fear of lost income, which might consequently reduce the incidence of occupational injury. Access to PSL may be especially likely to reduce injuries in sectors or occupations with a high risk of injury. Paid Sick Leave and Nonfatal Occupational Injury

37 Limitations of the Study The cross-sectional nature of the data did not allow us to establish a causal relationship. Missing variables such as union status, availability of safety and health programs, etc. could influence our results. Paid sick leave can be endogenous in the system: employers that provide PSL might invest more on safety and PSL could reflect the overall corporate culture. Injuries were self-reported. Paid Sick Leave and Nonfatal Occupational Injury

38 Suggestions for Future Research 1. Business value of PSL Additional empirical evidence is needed to demonstrate the business value of PSL. In this study, we showed the benefits of PSL in reducing injury. Further study is needed to show the benefits of PSL in: reducing productivity losses associated with presenteeism decreasing absenteeism by preventing the spread of contagious diseases to coworkers reducing the incidence of fatal injuries Paid Sick Leave and Nonfatal Occupational Injury

39 Suggestions for Future Research 2. Societal benefit of PSL The benefit of PSL from the societal perspective : Controlling contagious diseases at workplace, schools, day care facilities (prevention strategy) Reducing school absenteeism Reducing injury/illness recovery times/costs 3. Expanding the scope of the research Using firm or state level data. Using before/after (introduction of PSL) analysis: E.g. before/after the California Family Rights Act of 1991 or the 2009 Family Leave Insurance in New Jersey. Paid Sick Leave and Nonfatal Occupational Injury

40 Paid Sick Leave and Nonfatal Occupational Injury

41 Paid Sick Days: Exploring the Need, Health Impact and Legal Establishment of Paid Sick Leave Q&A Type your question in the Q and A panel.