Changes in the Senate—Paid Sick Leave Law To Be Introduced?

At the moment, more than 33 million Americans don’t have access to paid sick leave. No permanent federal law requires it, and many employers have to take unpaid time off or are forced to work sick.

Is that about to change? A new Senate paid sick leave law that mandates a nationwide requirement for paid days off is in the works.

In this article, we’ll show you:

1. What the current legal state of affairs is
2. What changes the new Senate bill on paid sick leave might bring
3. How to call upon the law to call in sick effortlessly using DoNotPay

Current Laws About Sick Leave

Right now, the only permanent federal-level law about sick leave is the Family and Medical Leave Act (FMLA).

The FMLA requires companies to provide employees with 12 weeks of sick leave within a 12-month period—the problem is that it’s unpaid. Another issue is that the act affects only companies with 50 or more employees within 75 miles of the workplace and has a list of acceptable reasons for requesting leave.

If you’re looking for sick day rules that demand payments, you can turn to:

• The Emergency Paid Sick Leave Act (EPSLA)
• State-specific laws
• Company policies (if your employer offers paid leave as a benefit)

The EPSLA

When Coronavirus started affecting businesses, the EPSLA was introduced by the Senate as an emergency paid sick leave law.

It’s a temporary act that’s in force during the COVID-19 pandemic. The act provides employees with ten days of paid leave for Coronavirus-related reasons, and all companies are subject to it.

Laws by State

If you don’t have COVID-19, and your company doesn’t offer paid leave on its own, the only way to get paid days off is if you live in a state with such a law. Only 15 states and D.C. have—or plan to introduce—paid sick leave rules.

Some states, like Texas, don’t have a state-wide law but have counties and cities with local acts. In the following table, you can find guides to individual state laws:

How the New Senate Paid Sick Leave Law Changes the Game

What happens if you’re not in one of the states with a law about paid sick leave, and your employer doesn't provide it on their own? You’ll have no means of getting paid days off and will have to choose between a lighter paycheck and being sick at work.

That will change if a newly proposed law comes into play. The Healthy Families Act (HFA)—if it becomes law—will be a federal-level act with the following rules:

• Companies with 15 or more employees have to offer paid sick leave
• Employees receive up to 56 hours of leave per year
• Employees accrue one hour off for every 30 worked
• Sick leave applies for personal health issues or providing care to a family member

How To Request Paid Sick Leave With DoNotPay

Until the HFA is enacted, you can turn to already-existing laws. To get paid days off, you’ll need to request them formally via phone or email. Writing a request can be a struggle, especially if you don’t know what law applies to your case. Don’t worry—DoNotPay’s got your back!

We’ll consult the law and draft a professional leave request letter based on the information you provide. All you need to do is sign up for DoNotPay and:

1. Locate the Request Sick Leave feature
2. Insert the state where the company is located
3. Provide some details about the company
4. Enter the dates on which you’ll be absent from work
5. Choose to download the letter or have DoNotPay send it to your employer

If you get dismissed for using or requesting sick leave, you can protect your rights and sue the employer with the help of our Small Claims Court feature.

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