Sick leave
Sick leave is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation 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 members, or to address health and safety needs related to domestic violence or sexual assault. Menstrual leave 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 are required to pay their employees 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 employers offer it voluntarily or as the result of a collective bargaining agreement. 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 that is operated by the owners.
Paid sick leave can reduce employee turnover, increase productivity, and reduce the spread of disease in the workplace and in the community.
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 children. 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 paid sick leave will go to work while sick, spreading the infections to other workers. Nearly seven in ten U.S. workers report they have gone to work with the stomach flu or other contagious disease. 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 led to a reduction in the number of workers who reported working while sick.
In 2010, a non-random survey of some New York City employers by the Partnership for New York City 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 outbreak for a chain restaurantincluding negative public opinion, which affects other operations in a metropolitan areacan be up to $7million.
Absence rate
A 2022 study has indicated a rise in sick leave across European nations. The average worker in wealthy countries takes approximately 14 sick days per year. With an average of 27.5 sick days per year, Norway has the highest rate, followed closely by Finland. Notably, Southern European countries also report significant rates of sick leave: Portugal, France, and Spain.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 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 at a fixed rate of previous earnings or a flat rate.
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 ten 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.
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 – which raises other issues.
Australia
Sick leave originated in trade union campaigns for its inclusion in industrial agreements. In Australia, 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 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 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 their 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. During the medical treatment period, an employer 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 during the sick leave period, depending on the employee's seniority. 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 is entitled to unlimited paid sick leave.France
In France paid sick leave is paid partly by social security 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 on the fourth day, and can make controls. The employer pays an additional part depending on collective agreement and legislation. Basic legislation requires that an employee working for more than one year, starting at the eighth sick day, social security and employer together provide 90% of the 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 apply in other contexts, such as sick children, pregnancy, and paternity leave.
Since 2011, civil servants are not paid for the first day of a sick leave. This rule was abolished in 2014, and then reinstated again since January 2018.
Germany
In Germany, 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. 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 receives about 70% of their last salary, paid by the insurance. According to § 48 SGB V 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. The insurance pays for a maximum of 10 days per parent and per child, limited to 25 days per year per parent.
For patients with private health insurance, payments beyond the legally mandated first six weeks depend on the insurance contract.