September 5, 2005
COMMENTARY: Taking a sick day | Complying with Maine's new family care law is good business for employers
By Sarah Standiford
Executive director, Maine Women's Lobby, Augusta
Beginning Sept. 17, many Maine businesses will be asked to extend to their employees the flexibility to use up to 40 hours of already-earned sick or vacation time to care for a child, parent or spouse. This law will apply to businesses with 25 or more employees. The intent is simple: to enable families to take care of their dependents without the risk of losing their jobs.
The Family Care Act, sponsored by Senate President Beth Edmonds and signed by Gov. John Baldacci on June 24, enjoyed broad bipartisan support as a result of collaboration between legislative sponsors, advocates and business leaders.
This law addresses the caregiving responsibilities that every family encounters. Further, it establishes a baseline best practice that I hope every human resource manager will consider implementing ˆ regardless of whether the law applies to your business or not. It just makes sense.
The fact is, nearly half of all unscheduled absences from work are due to family issues such as care for ill family members, while only 28% of absences are due to personal ailments. And while many workers already have the flexibility to use their own sick days to care for a sick child, too many do not.
That's why this new law is so valuable, particularly for part-time and low-wage workers who are much less likely to be able to use their sick days for family care. For a parent with the benefit, a childhood ear infection can be an inconvenience. But for those who lack it, this type of emergency can be the difference between their family's economic security and financial devastation. As one mother said in testimony before the Legislature's Labor Committee this spring, "Lack of flexible sick time forced me, as it does so many others, out of the workforce and onto assistance. I was a productive employee in need of flexibility to do my job. But instead, I was faced with a horrible choice: my job or my child."
But family care isn't something only your employees care about. All of us who manage employees must begin to understand the growing dimensions of family care. It's no secret that Maine's elderly population is increasing and, with it, the need for dependent care. In fact, nearly two of every three people who responded to a 1998 national survey expected to be responsible for the care of an elderly relative by 2008. Managing work and care for young or elderly family members is a fact of life for most Americans. The Family Care Act addresses this need by allowing workers to use at least part of their earned sick or vacation time to care for an ailing parent.
We must also remember that most Americans believe that employers should offer paid sick days ˆ in fact, a majority believes it is illegal not to provide them. However, the shocking truth is that, nationally, less than half of full-time, private sector workers have any paid sick days, and only one in three workers can use sick days to care for sick children.
Some opponents of this bill argued that smart employers will do the right thing on their own because it helps the bottom line. I agree.
In fact, a recent survey of employers in Maine reports that most already offer this benefit to their full-time workers. That's evidence of good management practices that we can all applaud. But laws aren't written just for smart employers. They're written to create a floor to guarantee minimum levels of protection. And ˆ contrary to what some opponents say ˆ the difference between those employers who currently offer this benefit and those who don't is not a simple distinction between large and small employers. (In fact, most of the leading business advocates for this bill were themselves small employers.) Remember: It is low-wage workers who are most likely to lack the benefit.
Said one of several small-businesswomen who submitted testimony in support of this bill, "As a small business, flexible sick leave and time off was a basic benefit I could ensure that everyone received. It had a positive result for my business. It contributed to overall employee loyalty, retention and almost no loss of work for any of us."
Businesses have a lot to gain from providing flexible sick leave to employees: Companies with flexible leave have higher productivity and lower turnover, which means lower recruitment, replacement and training costs. In one case study, Deloitte and Touche LLP estimated saving $41.3 million a year as a result of flexible leave programs. The fact that large and small businesses provide family sick leave demonstrates that the benefit is both feasible and affordable in a competitive economy. And in an era in which labor market information highlights the growing need for a skilled Maine workforce, it can go a long way to attracting the workers that you need.
In passing the Family Care Act, Maine leaders have appropriately recognized the changing needs of Maine's workforce and businesses. Allowing employees the flexibility to use their own leave time to care for sick dependants without the risk of losing their jobs helps workers maintain their own health; care for their families; maintain financial stability; and remain productive employees. If you are not providing this benefit now, think about doing so: It's a benefit that Maine's workforce will increasingly demand.
Beginning Sept. 17, many Maine businesses will be asked to extend to their employees the flexibility to use up to 40 hours of already-earned sick or vacation time to care for a child, parent or spouse. This law will apply to businesses with 25 or more employees. The intent is simple: to enable families to take care of their dependents without the risk of losing their jobs.
The Family Care Act, sponsored by Senate President Beth Edmonds and signed by Gov. John Baldacci on June 24, enjoyed broad bipartisan support as a result of collaboration between legislative sponsors, advocates and business leaders.
This law addresses the caregiving responsibilities that every family encounters. Further, it establishes a baseline best practice that I hope every human resource manager will consider implementing ˆ regardless of whether the law applies to your business or not. It just makes sense.
The fact is, nearly half of all unscheduled absences from work are due to family issues such as care for ill family members, while only 28% of absences are due to personal ailments. And while many workers already have the flexibility to use their own sick days to care for a sick child, too many do not.
That's why this new law is so valuable, particularly for part-time and low-wage workers who are much less likely to be able to use their sick days for family care. For a parent with the benefit, a childhood ear infection can be an inconvenience. But for those who lack it, this type of emergency can be the difference between their family's economic security and financial devastation. As one mother said in testimony before the Legislature's Labor Committee this spring, "Lack of flexible sick time forced me, as it does so many others, out of the workforce and onto assistance. I was a productive employee in need of flexibility to do my job. But instead, I was faced with a horrible choice: my job or my child."
But family care isn't something only your employees care about. All of us who manage employees must begin to understand the growing dimensions of family care. It's no secret that Maine's elderly population is increasing and, with it, the need for dependent care. In fact, nearly two of every three people who responded to a 1998 national survey expected to be responsible for the care of an elderly relative by 2008. Managing work and care for young or elderly family members is a fact of life for most Americans. The Family Care Act addresses this need by allowing workers to use at least part of their earned sick or vacation time to care for an ailing parent.
We must also remember that most Americans believe that employers should offer paid sick days ˆ in fact, a majority believes it is illegal not to provide them. However, the shocking truth is that, nationally, less than half of full-time, private sector workers have any paid sick days, and only one in three workers can use sick days to care for sick children.
Some opponents of this bill argued that smart employers will do the right thing on their own because it helps the bottom line. I agree.
In fact, a recent survey of employers in Maine reports that most already offer this benefit to their full-time workers. That's evidence of good management practices that we can all applaud. But laws aren't written just for smart employers. They're written to create a floor to guarantee minimum levels of protection. And ˆ contrary to what some opponents say ˆ the difference between those employers who currently offer this benefit and those who don't is not a simple distinction between large and small employers. (In fact, most of the leading business advocates for this bill were themselves small employers.) Remember: It is low-wage workers who are most likely to lack the benefit.
Said one of several small-businesswomen who submitted testimony in support of this bill, "As a small business, flexible sick leave and time off was a basic benefit I could ensure that everyone received. It had a positive result for my business. It contributed to overall employee loyalty, retention and almost no loss of work for any of us."
Businesses have a lot to gain from providing flexible sick leave to employees: Companies with flexible leave have higher productivity and lower turnover, which means lower recruitment, replacement and training costs. In one case study, Deloitte and Touche LLP estimated saving $41.3 million a year as a result of flexible leave programs. The fact that large and small businesses provide family sick leave demonstrates that the benefit is both feasible and affordable in a competitive economy. And in an era in which labor market information highlights the growing need for a skilled Maine workforce, it can go a long way to attracting the workers that you need.
In passing the Family Care Act, Maine leaders have appropriately recognized the changing needs of Maine's workforce and businesses. Allowing employees the flexibility to use their own leave time to care for sick dependants without the risk of losing their jobs helps workers maintain their own health; care for their families; maintain financial stability; and remain productive employees. If you are not providing this benefit now, think about doing so: It's a benefit that Maine's workforce will increasingly demand.
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