California Assembly Bill 1522 is now in effect. This new law requires employers to accrue paid sick leave for all their workers. Sick leave is accrued at the rate of one hour of paid leave for every thirty hours worked. In effect, every employee just received a pay increase of 3.33%.
Surprisingly, the unions that helped write AB 1522 are exempt from its requirements.
A full-time employee would accrue eight paid sick days in a year. Right now, the law allows employers to limit the number of days claimed by the employee at three. That won't last. How can they limit hours earned to some arbitrary number? Is the employer going to write a check to the employee to account for the bigger number on the pay stub?
I believe it is a good thing when a company offers paid leave to their employees. I just don't think its any of the government's business one way or the other. The law will have the effect of subsidizing absenteeism.
The Sacramento Bee points out that "one employee in three forfeits their pay if they take a sick day. And most of those are at the bottom of the salary scale – restaurant workers, fast-food workers, farmworkers, gardeners." That's because these are entry-level jobs, held by those with very few skills. One way these workers compete with other workers for jobs is by the willingness to take a job that doesn't offer paid leave. Making a business comply with this new law takes that right away from the worker.
AB 1522 author is Lorena Gonzalez, and she made a statement in front of a San Diego McDonald's. She fretted about "single moms, working moms, who work up to 30,40,50 hours a week, and have to decide- are they going pay the rent that month, are they going to keep their job, or are they going to take their baby to the doctor.... That's unfair... And it's wrong." Invoking the moral authority of single mothers is a pure appeal to emotion.
Francine Busby, Chair of the San Diego Democratic Party bemoans the fact that "The United States is the only developed country in the world without laws requiring access to paid sick leave." Yes, and the U.S. generally has the healthiest labor market on the planet.
Busby calls this an example of "man’s inhumanity to man." Wait, what? A worker and their employer enter into their work contract by mutual agreement. Busby also cites the law as a tool to "close the gender gap," since "mothers are more likely than fathers to take time off work to care for sick children and aging family members." Once again, a woman has cited the absolute moral authority of mothers.
By reminding everybody that women are more likely than men to need and use paid sick leave, this law effectively encourages discrimination against the hiring of women. That's because an employer is not required to pay out accrued, unused paid sick days at the time of termination, resignation or retirement.
Three days of paid leave weren't really what the Democrats of San Diego wanted. Then-Council President Todd Gloria passed a city ordinance mandating a raise in the minimum wage and five days of paid leave. When the mayor vetoed it, forcing a referendum. Gloria got $300,000 worth of support from the SEIU to harass and intimidate petition workers gathering signatures. It doesn't sound like Busby, Gloria and the rest are at all "confident" that voters will "do the right thing" and pass these measures.
Paid sick leave is just one more tiny burden being placed on the plowhorse of the economy. It won't be the last. California State Senator Hannah-Beth Jackson wrote SB 406, which would make a company of 25 people accrue paid family leave. All these Democrats have the same things in common: Good intentions and the desire to make our labor markets as fair as those in Europe.
Maybe the Democratic Party sweet spot is Spain, which has 25% unemployment and 50% youth unemployment. Because the only ones who benefit from generous labor laws are people that already have jobs.
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