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*Cough* *Cough* - It's that "Sick Leave" Time of Year - *Cough* *Cough*

January 9, 2025

Laura L. Rubenstein

Does it feel like you’re surrounded by people who can’t stop coughing? Or had pneumonia? The flu? COVID? Stomach virus? Unfortunately, those “icks” have made their way around our firm recently. Let’s hope the worst is over. But this raises the importance of why employers have to encourage the use of sick leave. And I don’t mean telework while sick.

Sick leave is a critical component of any comprehensive employment policy. Its primary purpose is to allow employees the necessary time to seek treatment for and recover from illnesses and return to work in a healthier state. Beyond personal health, sick leave policies safeguard workplace productivity and morale by preventing the spread of contagious illnesses. When employees feel secure in taking time off without fear of losing income or facing workplace repercussions, they are more likely to address their health concerns promptly, benefiting both themselves and their colleagues.

In Maryland, D.C., Virginia, and New Jersey, laws reflect the growing recognition of the importance of sick leave. For example, Maryland’s Healthy Working Families Act mandates paid sick leave for many employees (and unpaid for others), depending on the size of the workforce. Washington, D.C., takes it a step further with one of the most progressive sick leave laws in the nation, requiring employers to provide paid sick leave based on the size of their workforce. New Jersey, on the other hand, has implemented a statewide earned sick leave law, granting employees up to 40 hours of paid sick leave annually. (Our neighbors in Virginia currently have no statewide mandate for private-sector paid sick leave.) These laws aim to create a fair balance between employee well-being and business needs, recognizing that healthy employees contribute to a more robust workforce.

Respecting employees’ need to take sick leave is more than a legal requirement; it’s a demonstration of an employer’s commitment to their team’s well-being. When employers support their staff in prioritizing health, they foster trust and loyalty. Employees who feel valued are more likely to remain engaged, productive, and committed to their roles. Knowing when your employees are sick requires that they feel safe communicating their circumstances and asking for the paid time off.

So, check in with your employees. If you hear a raspy voice, there are coughs during the conversation, or you know they’re taking care of a sick family member, remind them that they may be eligible for paid sick leave… and to use it for everyone’s sake!  

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