Here’s an idea: take wages away from good workers for a benefit most won’t use. Entry 14 - 2009
Congress is considering a bill that would mandate all employers provide seven days of paid sick leave for employees to care for themselves or a family member (1). There is no provision for workers to cash-in unused sick leave or convert to vacation days if unneeded (2), so the only way to get value from this mandated benefit will be to have seven days of illness in one’s family each year. However, the bill does allow employers to require a doctor’s written excuse for illness absences that last three days or longer.
Like all such mandates, the bill sponsors believe it will protect workers from unfair treatment; one should not be punished when illness strikes oneself or one’s child. Related media stories focus on single mothers being threatened with termination because their children become seriously ill. Inevitably, listeners sympathize and support kinder policies by companies.
Well-intended or not, it will hurt more than help.
It’s important to understand who actually pays for benefits: employees. The drafters of this bill may assume that companies will just add this expense to their existing employee costs, but this is not true. Economic research on the topic confirms that benefits are paid in lieu of higher wages (3). Because this mandate creates costs that fall into the larger category of labor costs, i.e., total compensation, it dictates a trade-off in how workers get paid. In this case, we will all be paid more in the form of sick leave, and less in the form of direct pay. 
In other words, you will be paid less for the days you do work to cover the expense of paying you while you’re gone. It all comes from the same compensation pie. Seven days is 2.7% of all work days (260). If we simply add these days to time off already offered, the employer now has 2.7% of compensation no longer available as wages or bonuses. If these seven days are substituted for vacation, workers now get seven fewer days to use as they wish, and must actually be sick (or fake an illness AND provide a doctor’s note for up to seven days) to get the same total compensation they are earning today.
Mandated paid time-off doesn’t help employees, companies, or national healthcare costs.
Doesn’t help Employees: Looking at it objectively, it is already bizarre that employees let employers decide on their behalf exactly how many days they should work and not work. Across the country, employers tend to allot all employees the same amount of leave, and in ‘use it or lose it’ circumstances, punish those who don’t take enough time off. In reality, there is no perfect amount of time off that fits everyone. Needs for time off vary across people, life stages, and circumstances; only each person can decide what he needs.
Doesn’t help Companies: By its very definition, paid time-off means that companies are paying rewards to employees who are not working. This expense returns little to no value, because the company pays the cost of wages, but forfeits the productivity that would have been produced by those wages. Instead of paying wages that produce output, the company applies the same wage for no output.
Doesn’t help manage national healthcare costs: Because the mandate requires people to take time off for illness (or alleged illness) without option to cash-in unused sick time, we create a situation where it’s in the employee’s best interest to be sick AND to file extra healthcare claims to justify our paid time off. Doctor’s don’t mind writing notes for these circumstances, because they can charge for the visit. Now we’re billing the healthcare system even MORE for costs that may not have required a doctor’s care to begin with.
An additional side effect is the likelihood of additional testing and prescriptions that result from added doctor visits. Because doctors will make efforts to diagnose and treat what might be wrong, excess utilization will result.
So how many people today use seven days of sick leave?
I estimated (4) (using a modeling tool available to the public, check it out on the web if you wish) how many days of sick leave or disability workers are expected to have when sick leave is available. I used a population with an average age of 40, an average annual salary of $50,000, distributed around the country. As you see, 85% of people are expected to have five days or fewer, and our experience is that most will have two or fewer. (Click on the graph to make it bigger and clearer.)
What this means is that if employers are required to provide seven days of sick leave, 85% or more of employees will NOT use all seven days, but WILL forfeit the wages used to pay for the benefit. Sadly, those 85% of workers who do NOT use seven sick days are most likely the ones businesses want to reward.
What alternative fits the Health as Human Capital paradigm?
Two possible alternatives:
1) Give employees an option for seven days off (although don’t require them to be sick), and allow them to cash-in any unused days at the regular rate of pay.
2) If we wanted to give workers an option to take more time off, why not give them the money up front and allow each to decide? Define the full amount available for compensation, and what each day is worth if you work every day. Allow workers to “purchase” as many days as they want for that daily value (up to a max given business requirements).
An example: Let’s take a worker who earns $50,000 in salary. Average time-off benefits (assuming a typical 25 days off in combined sick and vacation leave) amounts to an additional $4,800 per year. Instead of mandating that the employee be gone to receive full value, pay the employee $54,800 in wages, and let the person take AS MANY unpaid leave days as they want, minus $211 in wages per day-off taken ($54,800 divided by 260 weekdays = $211). No matter the personal choice, the company gets full productivity value for wages paid, and the employee can take as many days as he wants depending on his needs without the risk of having the employer reduce wages to cover the cost of the mandated sick leave benefit.
This way,
- The worker can meet his or her own needs.
- Healthy workers are not forced to choose between forfeiting compensation value, or lying about illness.
- Employers are not encouraging extra use of healthcare to verify appropriate absences.
- Employers and government stop applying a one-size-fits-all rule to what constitutes the “right” amount, and type of time off.
- Employers align compensation with health and attendance.
- The absurd role of third-parties (deciding what is best for others) goes away.
Think twice before you mandate protection for everyone; you might just harm the healthy majority while you subsidize the few.
Why this matters: Everything is a tradeoff. Giving more of something—like sick leave—means there will be less of something else. Seven days of sick leave means hiring one fewer worker out of 50 workers…or paying lower wages…or less training…or less vacation…or lower bonuses. The most efficient way to meet individual needs is through individual choice, not by top-down requirements that may do more harm than good.
References
1. Greenhouse S. Bill Would Guarantee Up to 7 Paid Sick Days . New York Times. May 15, 2009:(Health: Money & Policy). Accessed July 3, 2009.
2. U.S. Congress. Senate. Healthy Families Act, S.910, 110th Cong., 1st sess. March 15, 2007; Accessed July 3, 2009.
3. U.S. Department of Labor, Bureau of Labor Statistics. Table 5. Private industry, by major occupational group and bargaining status. May 10, 2009; Accessed July 5, 2009.
4. American College of Occupational and Environmental Medicine. Blueprint for Health. 2009. Accessed July 3, 2009.




