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Congress Weighs Paid Time Off for America's Workers

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Senator Ed Kennedy has proposed a bill that "would require employers with 15 or more employees to offer seven sick days to their workers, who could use the days for a medical condition or to take care of a sick family member." He's onto a real problem. In our ongoing study of people losing their homes to foreclosure, we are finding that missing work for medical emergencies is one of the primary causes. (The lost wages may be even bigger than the medical expenses themselves.)

Kennedy's bill might just be the gap-filler that people need between full employment and disability insurance, which may come too late. Below the fold -- a few words from the homeowners themselves, and some analysis from me.

Here are a few relevant snippets from the respondents in our study:

My husband had surgery in April – and we got behind on our bills – since he is in plumbing and his work is physical – he did not work a few months. We are trying to work out something with option not to foreclose with our mortgage company.

In November, our daughter who has bipolar disorder was suspended form school for 45 days. I could not work during the daytime because of tutoring appointments and fear of a bipolar episode – there were frequent visits to the crisis center about 1 ever other week, she was hospitalized in April, we tried the work out program but fell behind yet again.

My husband has been unable to work for almost a year and I only gross $24,000 per year. He has degenerative disk disease, just had surgery [] and will be laid up 3 months.

These people would have needed more than seven days of compensation to avoid foreclosure, but imagine the fate of a renter living month-by-month who misses a week's work. Of course, Social Security provides some disability insurance, but as another respondent explains, it can take months to kick in.

I fell behind on my mortgage because in January of 2006 because my husband was injured in a car accident and went out on disability. We lost our income due to this accident. We have been waiting for the disability check to come, but the mortgage co. won’t work with us. I asked them to backload the payments but they wouldn’t. I still don’t know what to do.

So Kennedy's proposal for seven days may not be enough to make a difference for these people, but seven days is surely better than nothing. We also don't know how much this mandate will cost in terms of lower wages, higher prices, lower profits, or fewer jobs in America.

Alternatively, the federal government could provide this sort of insurance directly, by creating a new social security program in which workers were required to bank some of their pay, for withdrawal in times of medical crisis. Yet, nobody wants their payroll taxes to be hiked. This sort of employer mandate is another way to achieve the same goal.

Large questions loom. Nonetheless, this proposal moves the debate forward to address real problems facing real Americans.


(Thanks to my co-author Richard Egelhof for compiling these snippets. Look for the full, published report of our study this fall.)


3 Comments

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I suppose that something is better than nothing and even this little something will be like pulling teeth to pass but I have to wish that people who work for small businesses would not always be exempted from fair work practices. Also the bigger problems here are the frequently-discussed ridiculous costs of healthcare and the less-frequently-discussed ridiculous costs of housing. I do nevertheless applaud Senator Kennedy for actually moving in the right direction.

Yeah, rather than exempting small businesses altogether it might make sense to have graduated levels -- maybe one sick day for every two workers you have, untill you reach seven sick days.  Without such a graduated approach it creates a strange market distortion for businesses that have 14 workers but are considering moving up to 15. 

I also wonder how easy it is for businesses to organize themselves in such a way to avoid this kind of requirement.  Can each storefront owned by a company be a seperate business?

"...Social Security provides some disability insurance, but as another respondent explains, it can take months to kick in..."

I have done volunteer advocacy for Social Security claimants in Tennessee, Florida, and Kentucky. A claimant for Social Security does not even become eligible for benefits until 6 months after the government receives the application. The entire application process, which is run by each state government under federal regulations, usually takes three years, and the claimant usually has to hire a lawyer to pass the final phase, which is an administrative law hearing. If the claimant is awarded benefits, they are retroactive, but any benefits paid in the interim by other government programs are reimbursed, and the attorney usually gets 30% as a fee.

Most people have lost everything by the time Social Security benefits are awarded. Many die before the process is complete.

SSI provides $643.00 per month and Medicaid. SSDI provides a percentage of average lifetime annual earnings, with Medicare.

Neither program would provide enough income to pull a house out of foreclosure. The first commenter mentions high housing and health care costs as associated problems. I would add that protection from foreclosure pending Social Security or private disability payments should also be mandated by law.

An associated problem is posed by COBRA. When an injured or sick worker loses his job due to illness, funds to pay for COBRA benefits are usually non existent. Yet Medicaid is unavailable for the 18 months that COBRA would cover. The only help with medical bills is a form of Medicaid called "spend down Medicaid", which requires that a person accumulate enough medical bills to offset the previous year's family income. Medicaid will then pick up the medical bills for the balance of that year. This is why so many sick people are forced into bankruptcy. The other problem is that not many health care providers can allow a patient to run up large bills that will only be paid through a bankruptcy proceeding. Medical care is extremely hard to get without insurance.

The entire system seems to be set up to insure that the disabled worker dies bankrupt before the government has to pay out a penny. The family is left to get by on survivor's benefits. Cheaper than saving the worker's life, don't you think?

(Please keep in mind that with all the Medicaid waivers out there, some states may have widely varying programs. As always, do research before assuming this applies in your own state.)

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