Paid Leave and Paid Sick Days

by Chris Saxman

In a recent column called Hitting the Cutoff Man, I explained the need to work with the business community if you want to solve problems in our economy. I used the famous “There’s no crying in baseball!” scene from A League of Their Own.

The lesson was, if you have a goal in mind, the business community can be a strong ally in getting done in policy and politics what you are trying to achieve. We are here, like the cutoff man in baseball, to relay the throw home.

The Richmond Times Dispatch recently published two editorials that deal with issues relating to employment policies in Virginia — paid sick days and paid leave — that are being considered in legislation currently before the Virginia General Assembly. While certainly well intended, both op-eds fail to make their point. In doing so, they will likely unite business leaders and various trade associations to oppose their objectives.

It doesn’t have to be this way if they would just hit the cutoff. Successful politicians learn that politics is not about what you want, but rather what you are willing to give up to get what you want.

Senator Jennifer Boysko and Delegate Hala Ayala submitted their op-ed titled, Small Business owners have spoken – Virginians need paid leave.

Interesting title to say the least. I talk to small business owners all the time and not once have any of them said, “You know what I really need? A state-run program for my employees to have up to three months off of work per year to care for themselves or a family member.”

So, naturally I read the op-ed to learn more about their idea. One sentence caught my attention quickly:

Paid leave is a business-boosting policy that the vast majority of small-business owners support. (emphasis added)

Wow. The vast majority support this? Surely there must be an accompanying poll or survey or study to support that claim, right?

Nope.

The legislators write in the next sentence:

Recently, we participated in a roundtable discussion with small-business owners from across the commonwealth who made clear that this would be an affordable way to help them keep good employees, and compete with bigger companies as they rebuild and recover.

I sure hope they are not trying to claim that a roundtable, presumably on Zoom, constitutes a “vast majority.”

Trying to remain open minded to the policy proposal but dubious of the unsupported “vast majority” claim, I contacted Nicole Riley, Virginia State Director of NFIB, the largest small business organization in the Commonwealth, and she said her organization surveyed its membership in 2020 and 81% opposed the idea.

Ding ding ding. Vast majority! There it is.

Well, at least there is data set to consider anyway.

Riley also said she:

welcomes the opportunity to have meaningful discussions on the issue with anyone willing to listen.

Don’t have to read between the lines there. Hint — hit the cutoff!

Since Boysko’s bill SB1330 died in Senate Commerce and Labor with a 12-3 vote to kill the bill via Pass By Indefinitely motion (PBI) one can reasonably expect the same fate for Ayala’s should it make it that far.

Senate C&L has 15 members – twelve Democrats and three Republicans. Nine of her fellow Democrats voted to kill Boysko’s SB1330.

The other editorial is entitled, Let’s give Virginia’s essential workers paid sick days — for their benefit and ours, and is authored by Kim Bobo of the Virginia Interfaith Center for Public Policy.

The introductory sentence is:

There are 193 countries in the world — 179 of them have policies allowing workers to take paid sick days off when they are ill. But not the U.S.

Bobo later writes:

15 states and dozens of U.S. cities and counties have adopted paid sick day standards.

So, the op-ed updates itself. SOME of the U.S. does have this policy on the books. #Federalism #Competition

Is this a bad time to mention how many countries every year see their people move to the U.S. in search of employment? Just Google it.

You can read HB2137 for yourself to see what it actually is trying to do. It was recently sent to House Appropriations for further consideration.

The op-ed continues:

Most legislators believe workers should have paid sick days, but many would prefer to have businesses adopt policies on their own. Unfortunately, a voluntary approach is not working, because 1.2 million workers in Virginia do not have any paid sick time or any paid time off.

Wow. 1.2 million? Where does that number come from you ask? Good question. The op-ed doesn’t say so I went to the coalition’s website. Wait, there’s a coalition? Yup – Virginians for Paid Sick Days.

Coalitions these days are a step above roundtables.

So, the website has the 1.2 million Virginia workers cited there?

Not that I could find. One would think that would be easily found since it is a main selling feature of the grievance being redressed.

Bobo claims that we need a “core standard on paid sick days.”

In our family-owned and -operated business that employed around 50 people, here was our “core standard” for paid sick days — we eliminated them.

And our employees LOVED IT.

Wait. You eliminated PAID SICK DAYS???

YUP.

And the employees loved it?

Yup yup.

Explain that one please.

What we realized — about 25 years ago — was that employees would bank their so-called sick days for either Mondays or Fridays or shopping days around the holidays.

Right. A lot of folks do that.

But here was the problem — they would let us know that morning that they “were going to use a sick day.”

This was incredibly disruptive to our operations in production, distribution, sales and marketing, accounts receivables, accounts payables, and all other office functions.

It was maddening and unproductive. Heck, the employees weren’t even sick.

The policy was largely market-driven – after one year of work employees were eligible for two weeks vacation and five paid sick days. Standard stuff. During their first year, employees would accrue paid vacation days commensurate with that policy.

So, here was the solution that the employees loved.

We eliminated paid sick days.

We just gave them another week of paid vacation instead.

It was a win-win because they would schedule their time off which made our operations run much more smoothly.

Paid time off is paid time off. Whether you want a three-day weekend to go hunting or to the beach or work on the house didn’t matter to us at all. It was your paid time off, not ours. Just work with us to schedule it so the place runs smoothly, that’s all we asked.

If they didn’t use vacation days, they were paid for them. Simple.

We worked together to solve the problem.

In doing so, we created a culture of mutual trust and collaboration.

Back in the 90s.

It’s called Hitting the Cutoff.

Chris Saxman is executive director of Virginia FREE. This commentary is republished, with permission, from his substack account.


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Comments

31 responses to “Paid Leave and Paid Sick Days”

  1. who pays?
    Virginia is losing it’s top ranking for biz.

  2. Steve Haner Avatar
    Steve Haner

    I delivered a similar message in a news interview at noon. The advocates just want to mandate their vision and refuse to listen, learn or (heaven forbid) compromise. What could the people who actually run HR operations know about any of this? The word is arrogance.

  3. Nancy_Naive Avatar
    Nancy_Naive

    PTO. A lot of companies are going to it. Fortunately mine didn’t. But then, we had 3 types of leave; vacation, sick, and professional, and they accrued differently. Sick leave was cashed out with no more than 40 hours carried over on Jan 1.

    Of course, the sick leave was tied to our Short Term Disability insurance, so that may have been the reason they didn’t just simply go to PTO. The company policy was more than 3 sick days in a pay period required a doctor’s note. Again, that may have had something to do with the STD, or maybe the short term disability.

    Professional leave came with an account that provided 3 days per year and $1000, minimum, that could be used only for conferences or education. The money could be used for books and journals. This was owned by the company. The employee only had use of it, and yes, when I retired, it all went back to the company.

    1. “Again, that may have had something to do with the STD, or maybe the short term disability.”

      I see what you did there…

      1. Nancy_Naive Avatar
        Nancy_Naive

        I can’t help it. I’m sick. Help me!

        1. Apparently you are. Does your wife know?

          1. Nancy_Naive Avatar
            Nancy_Naive

            Funny you should ask. She’s constantly saying she didn’t realize I was so twisted when we were dating.

            Whenever she feels compelled to apologize for me , often too, she says,”He wasn’t like this before we married.”

            I bite my lip.

  4. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I am not sure what the point of this post is. One could make the point that, if a majority of businesses think paid sick leave and annual leave is a good idea, motivates workers, etc., then why is there any need for government to mandate it?

    I understand the problem for a business when people decide, with no notice, to take a “sick day” to go hunting or shopping. But, people do get sick. And, if there is no paid sick leave, they may be tempted to come in to work while sick, thereby exposing fellow workers to flu, colds, etc.

    From the comments, it is interesting that the state seems to have leave policies that businesses could emulate. An employee gets a set number of sick leave days a year–no carrying over unused days from year to year. Then there is annual leave–the amount available based on seniority. Unused annual leave can be carried over, but only up to a point. The number of hours that can be carried over is based on seniority. I lost a lot of annual leave hours. When one leaves or retires, sick leave cannot be cashed out but unused annual leave can, but, again up to a maximum amount. That results in folks setting a departure date and then taking annual leave before that departure date. My retirement date was January 1. My last day in the office was December 3, but I was on the state payroll until January 1.

    1. Steve Haner Avatar
      Steve Haner

      Yes, working for the guvmint, life is goooooood. It ain’t the real world, Dick, and in my experience people who work the government are clueless. I sentence you to 90 days in a human resources office and a serious exposure to real human nature….my time was with the AG and it was an amazing education. Learned the phrase “earn and burn,” for employees who always seemed to have zero time off in the bank. If a thunderstorm was threatening, the emails “can we go home early?” started about 2:30 p.m…..won’t talk about expenses….

      Yes, we TAXPAYERS provided a very nice setup for state workers, and trust me, they whined about it constantly….I’d get memos about how it was better in the private sector.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        That was not the case for many in DPB. There were many of us who lost annual leave because we had an unused leave balance over the maximum allowed to be carried over. There was a lot of overtime for which we did not earn credit, as well.

        Your sentence of 90 days in a human resources department would be a violation of the Eighth Amendment. That was one area I made a point to stay away from.

        1. Steve Haner Avatar
          Steve Haner

          Understand on the OT. The union will fix that in the years going forward. 🙂

  5. Stir Fry Martini Avatar
    Stir Fry Martini

    This article is boring. The only thing not boring about Virginia’s baseball diamond business was Zane Smith who sometimes “doubled” as Row-land Ors-able. Of course he might die soon because he played for the BraveS~ and this guy that i know (who knows absolutely zero about a secure home ) has a girlfriend who is going around trying to kill famous BraveS~ because….I don’t know….she needs to feel important i guess??? Anyway, no one is going to blow up the moon, not CIA guy number one, and not CIA guy number two. And China is NOT allowed up there. Sorry China. We don’t like you at the moom, we like Russia. 6:20-cv-70058-NKM-RSB

    1. James Wyatt Whitehead V Avatar
      James Wyatt Whitehead V

      Allow me to jazz this post up for you.
      https://www.youtube.com/watch?v=Ne1CoIto3oI&feature=emb_logo

      1. Stir Fry Martini Avatar
        Stir Fry Martini

        Thank you.
        That didn’t make me cry….
        made me little homesick though.
        Earth is a drag

  6. who pays?
    Virginia is losing it’s top ranking for biz.

  7. James Wyatt Whitehead V Avatar
    James Wyatt Whitehead V

    I like this solution. 1 extra week of paid vacation. I would respond well to that incentive. You know I retired from teaching with enough sick days to take off 2 years. I went 12 years in a row without missing a day. Most of my colleagues used those days right away and sometimes for the wrong reasons. I should have used them. The payout for unused sick leave was capped at 10 grand. I like the cutoff throw. But stealing home is often times easier and more fun.
    https://www.youtube.com/watch?v=HhS8aj0tazQ

    1. Eric the Half a Troll Avatar
      Eric the Half a Troll

      Just so you know most of the private world does not payout for sick leave.

  8. James Wyatt Whitehead V Avatar
    James Wyatt Whitehead V

    I like this solution. 1 extra week of paid vacation. I would respond well to that incentive. You know I retired from teaching with enough sick days to take off 2 years. I went 12 years in a row without missing a day. Most of my colleagues used those days right away and sometimes for the wrong reasons. I should have used them. The payout for unused sick leave was capped at 10 grand. I like the cutoff throw. But stealing home is often times easier and more fun.
    https://www.youtube.com/watch?v=HhS8aj0tazQ

  9. Steve Haner Avatar
    Steve Haner

    I delivered a similar message in a news interview at noon. The advocates just want to mandate their vision and refuse to listen, learn or (heaven forbid) compromise. What could the people who actually run HR operations know about any of this? The word is arrogance.

  10. Nancy_Naive Avatar
    Nancy_Naive

    PTO. A lot of companies are going to it. Fortunately mine didn’t. But then, we had 3 types of leave; vacation, sick, and professional, and they accrued differently. Sick leave was cashed out with no more than 40 hours carried over on Jan 1.

    Of course, the sick leave was tied to our Short Term Disability insurance, so that may have been the reason they didn’t just simply go to PTO. The company policy was more than 3 sick days in a pay period required a doctor’s note. Again, that may have had something to do with the STD, or maybe the short term disability.

    Professional leave came with an account that provided 3 days per year and $1000, minimum, that could be used only for conferences or education. The money could be used for books and journals. This was owned by the company. The employee only had use of it, and yes, when I retired, it all went back to the company.

    1. “Again, that may have had something to do with the STD, or maybe the short term disability.”

      I see what you did there…

      1. Nancy_Naive Avatar
        Nancy_Naive

        I can’t help it. I’m sick. Help me!

        1. Apparently you are. Does your wife know?

          1. Nancy_Naive Avatar
            Nancy_Naive

            Funny you should ask. She’s constantly saying she didn’t realize I was so twisted when we were dating.

            Whenever she feels compelled to apologize for me , often too, she says,”He wasn’t like this before we married.”

            I bite my lip.

  11. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I am not sure what the point of this post is. One could make the point that, if a majority of businesses think paid sick leave and annual leave is a good idea, motivates workers, etc., then why is there any need for government to mandate it?

    I understand the problem for a business when people decide, with no notice, to take a “sick day” to go hunting or shopping. But, people do get sick. And, if there is no paid sick leave, they may be tempted to come in to work while sick, thereby exposing fellow workers to flu, colds, etc.

    From the comments, it is interesting that the state seems to have leave policies that businesses could emulate. An employee gets a set number of sick leave days a year–no carrying over unused days from year to year. Then there is annual leave–the amount available based on seniority. Unused annual leave can be carried over, but only up to a point. The number of hours that can be carried over is based on seniority. I lost a lot of annual leave hours. When one leaves or retires, sick leave cannot be cashed out but unused annual leave can, but, again up to a maximum amount. That results in folks setting a departure date and then taking annual leave before that departure date. My retirement date was January 1. My last day in the office was December 3, but I was on the state payroll until January 1.

    1. Steve Haner Avatar
      Steve Haner

      Yes, working for the guvmint, life is goooooood. It ain’t the real world, Dick, and in my experience people who work the government are clueless. I sentence you to 90 days in a human resources office and a serious exposure to real human nature….my time was with the AG and it was an amazing education. Learned the phrase “earn and burn,” for employees who always seemed to have zero time off in the bank. If a thunderstorm was threatening, the emails “can we go home early?” started about 2:30 p.m…..won’t talk about expenses….

      Yes, we TAXPAYERS provided a very nice setup for state workers, and trust me, they whined about it constantly….I’d get memos about how it was better in the private sector.

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        That was not the case for many in DPB. There were many of us who lost annual leave because we had an unused leave balance over the maximum allowed to be carried over. There was a lot of overtime for which we did not earn credit, as well.

        Your sentence of 90 days in a human resources department would be a violation of the Eighth Amendment. That was one area I made a point to stay away from.

        1. Steve Haner Avatar
          Steve Haner

          Understand on the OT. The union will fix that in the years going forward. 🙂

  12. Stir Fry Martini Avatar
    Stir Fry Martini

    This article is boring. The only thing not boring about Virginia’s baseball diamond business was Zane Smith who sometimes “doubled” as Row-land Ors-able. Of course he might die soon because he played for the BraveS~ and this guy that i know (who knows absolutely zero about a secure home ) has a girlfriend who is going around trying to kill famous BraveS~ because….I don’t know….she needs to feel important i guess??? Anyway, no one is going to blow up the moon, not CIA guy number one, and not CIA guy number two. And China is NOT allowed up there. Sorry China. We don’t like you at the moom, we like Russia. 6:20-cv-70058-NKM-RSB

    1. James Wyatt Whitehead V Avatar
      James Wyatt Whitehead V

      Allow me to jazz this post up for you.
      https://www.youtube.com/watch?v=Ne1CoIto3oI&feature=emb_logo

      1. Stir Fry Martini Avatar
        Stir Fry Martini

        Thank you.
        That didn’t make me cry….
        made me little homesick though.
        Earth is a drag

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