National momentum is building as progressive pro-worker issues gained support among red state voters on Trump election night ballots.

• In three traditionally conservative states, Alaska, Missouri, and Nebraska, voters approved ballot measures for paid sick leave, indicating that some progressive policies have gained significant support among working-class voters.
• The Democratic Party was criticized by Bernie Sanders for not comprehending the "pain and political alienation" experienced by millions of voters, and he mentioned paid family and medical leave as one of the issues.
• This labor policy has gained support from both Democrats and Republicans, and during Trump's first presidency, Ivanka Trump advocated for a federal paid family leave program.

Some workers will no longer lose pay for staying home when sneezing and coughing.

In the Tuesday election, three red states — Alaska, Missouri, and Nebraska — passed ballot measures mandating employers to offer earned paid sick leave to employees, with specific exclusions.

In many states across the U.S., mostly liberal-leaning, private employers are required to provide paid sick leave to eligible employees. Over two dozen municipalities have also adopted similar provisions.

Paid family and medical leave is an issue that has long been supported by the progressive wing in U.S. politics. In a recent statement, Senator Bernie Sanders criticized Democrats for failing to capitalize on this issue, which affects millions of voters who feel "pain and political alienation."

The election results revealed that working-class Americans' votes are undecided and economic and labor concerns were influential.

Minimum wage increases also passed in Alaska and Missouri.

The Economic Policy Institute, a progressive think tank, observed in an election recap that voters who had the chance to directly vote on economic justice issues displayed policy preferences that were more progressive than those seen in many national and state election results.

Tom Spiggle, an employment law attorney and founder of the Spiggle Law Firm, stated that he would not be surprised if more states follow the trend towards paid sick leave laws.

Here's what workers need to know about the changing landscape:

There is no federal requirement for paid sick leave

While the Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave annually for specified family and medical reasons, private employers are not generally required to offer paid leave to employees who need time off to care for their own medical needs or a family member's.

State laws, such as Missouri's new law, regulate the amount of paid sick leave that employers can limit their employees to use per year, which ranges from 56 hours for businesses with 15 or more employees to 40 hours for those with fewer than 15 employees. The purpose of these policies is to allow workers to recover from an illness or care for a sick family member for a short time.

Paid sick leave policies based on states are not intended for family members who need constant care when they are very ill; rather, they are designed for brief periods when someone is sick or needs to take someone to the doctor, according to Jill Kahn Marshall, a partner at Reavis Page Jump.

State and local requirements on use of paid sick time off vary

Paid sick time laws vary across states and municipalities, including accruals, carryover days, and permitted uses of the paid time off, which can make it difficult for employers and employees to navigate.

The definition of a family member for the purpose of using policies for an employee's illness or an employee's family member can vary by location and state. In some states, the policy can be used for purposes beyond sickness, such as in Colorado where workers can use their paid sick leave if a child's school is closed due to inclement weather.

According to Paycor, many paid sick leave laws include provisions for "safe time" or "safe leave," which provide paid sick leave benefits to workers affected by domestic violence, sexual assault, or stalking. Employees may use their days for medical care, court proceedings, moving, or counseling appointments, among other reasons.

Employers are facing multiple local and state requirements in another area, and it appears that the federal government is continuing to let this remain a state issue, according to Donelan.

Private employers may have more generous policies

The pandemic led to the implementation of measures that mandate employers to provide paid sick time to employees, according to Kahn Marshall.

Private employees have more generous sick leave policies than states, with many recognizing the need to pay employees who get sick or have sick family members during the pandemic.

Momentum for a federal law could come from the states

The realization that "happy and healthy employees benefit the business" has led more states to implement these measures, as stated by Robert B. Hinckley Jr., a shareholder in the law firm Buchalter. However, there is a possibility that the federal government may intervene for greater consistency.

A federal policy on paid sick time off could provide value for companies operating in multiple states, as it could create consistency that would be beneficial for employees and employers, according to Hinckley. Despite the legislation being floated, it hasn't advanced yet.

"At the state level, there is political momentum. However, the question arises whether this momentum will translate into a federal law. Typically, federal laws follow state initiatives; they do not initiate them."

States with mandatory paid sick leave

• Arizona
• California
• Colorado
• Connecticut
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Vermont
• Washington, D.C., like many states, has a paid sick leave policy.

What's next for employees in states with new laws

Individuals residing in states where paid sick time laws are being altered through ballot initiatives should inquire from their employers about the applicability of the new regulations to them. It is important to note that there may be limitations, such as for specific business types and sizes. Typically, those eligible for paid sick time should first utilize their state or employer's private sick leave before considering unpaid leave under FMLA or Kahn Marshall.

Employees who require more unpaid sick days than their paid time off allows should discuss options with their employer.

Other types of paid leave policies

Some states have other types of paid leave policies, which are intended to cover longer periods.

Pregnant workers in New York may have additional paid time off available to them for prenatal care starting on Jan. 1.

According to the Bipartisan Policy Center, as of August 2021, 13 states and the District of Columbia have enacted mandatory paid family leave systems, while nine other states have voluntary systems that offer paid family leave through private insurance.

The issue of a federal paid family leave program was also supported by Ivanka Trump during Trump's first presidency, with it being a popular program among both Republicans and Democrats, according to Spiggle.

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