There is a new trend in U.S. states and localities to pass paid sick leave laws. Among others, California and New York City want employers to pay their employees wages for a certain number of days when they have to stay at home because of sickness. Last week, the mayor of Philadelphia signed a similar provision into law.
Is America following the German model?
Let’s have a closer look at the law in Germany.
The rule
When a doctor has determined an illness that makes the employee incapacitated for work, the employer must continue paying the employee wages for a time period of typically six weeks per year. A collective bargaining agreement may stipulate a longer time period.
This protection of German labor law also applies to limited-term employees.
The problem
Here comes what employers really do not like about the law: The six weeks can be used once per year for each illness.
What does that mean?
If Jim breaks his leg, he can take off six weeks from work without losing pay. But this also means that if he is unfortunate enough to break his hand on the day the six weeks end, he will receive pay without work for yet another six weeks. And this can continue for a long time, provided that there is a new diagnosis for each sick leave.
At some point of course, the employer will lose patience – but to terminate the employee, he needs to show cause. This is not so easy because the employer has the burden of proof to show that there is a negative prognosis regarding the employee’s health.
Will all of this soon become a reality in the U.S. as well? Probably not. But still: Let’s hope that your employees stay healthy!