Analysis Law and Policy

Paid Sick Leave in San Francisco, Before and After the Fight to Pass It

Sheila Bapat

“I thought the sick day ordinance could become an excuse for my servers or other employees to call in sick at the last minute and leave shifts unstaffed,” said a San Francisco restaurant owner. “Turns out, that hasn’t been a problem at all.”

Workers in many urban areas have recently tangled with unsupportive business leaders and politicians to enact paid sick leave ordinances (PSLOs). Just last week in New York, a paid sick leave bill passed after three years of back-and-forth between city officials and workers’ advocates, though Mayor Bloomberg has vowed to veto it.

Meanwhile, San Francisco’s paid sick leave policy is in its sixth year. Voters approved San Francisco’s PSLO in November 2006, making it the nation’s first law allowing all workers, including part-time workers, to earn and use paid sick days. Washington, D.C., Portland, Seattle, Philadelphia, and now New York have since joined San Francisco as the only cities in the nation with paid sick leave ordinances. Connecticut, meanwhile, has a statewide paid sick leave policy, the only one of its kind in the nation.

San Francisco’s PSLO allows workers to earn paid sick days after three months on the job, to earn up to a maximum of five days per year in small firms and nine days per year in larger firms, and to use those days for their own health needs as well as those of other family members (including a “designated person”).

Though the details of various PSLOs vary, San Francisco’s policy can help us understand the effect paid sick leave has on employees and employers. According to a 2011 study by the Institute for Women’s Policy Research (IWPR), which is based on a survey of nearly 1,200 employees and more than 700 employers in San Francisco, the city’s paid sick days policy has benefited employees without reducing employer profitability. The report found that under the policy, 59,000 San Francisco workers who had not previously had paid sick days started receiving that benefit. That’s 17 percent of the city’s workforce.

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More than half of the San Francisco employees who now have paid sick days reported that they’d experienced some benefit because of the law’s passage: they were better able to care for their own health or the health of a family member, their employer increased their number of sick days because of the ordinance, or their employer became more supportive of employees using sick days.

The IWPR report found that single mothers and workers with chronic health conditions are most likely to report needing paid sick days. Women workers, as a broad group, were found to be somewhat more likely than the average worker to need paid sick days.

Jennifer Piallat is the owner of Zazie, a popular San Francisco restaurant. Since Piallat purchased the restaurant eight years ago, she’s worked to establish good working conditions for her employees. But when she first heard about a proposed city paid sick leave ordinance (PSLO) in 2006, she balked.

“I thought the sick day ordinance could become an excuse for my servers or other employees to call in sick at the last minute and leave shifts unstaffed,” Piallat said. “Turns out, that hasn’t been a problem at all.”

Nor has the ordinance cost her nearly as much money as she originally expected. Piallat anticipated paid sick leave for her 32 employees would cost $35,000 per year, but since 2006 she hasn’t spent more than $7,000 per year total on her employees’ sick leave.

Several of Piallat’s employees have needed sick days for serious health concerns; one of her servers recently suffered appendicitis and another a kidney infection. One Zazie server, Diana (who asked that I not reveal her last name), used sick leave when she caught the flu. “Knowing that I had access to sick pay gave me some peace of mind and allowed me to focus on healing rather than the financial loss and the added pressure missing work brings,” she told Rewire. “I have worked for employers without sick pay in both San Francisco and New York City, and that made me reluctant to call in sick.”

BiRite Market is another San Francisco business that has been enthusiastic about the city’s paid sick leave policy, not just because it’s good for its workers, but also because of how the policy reflects on the business as a whole. “We are super proud to have this initiative in our city,” Paula Brannon, human resources director at BiRite, told Rewire. “We firmly believe taking good care of our employees reflects well on our guests, and we want to make sure we have a healthy work environment.”

Though several attempts by Rewire to find a San Francisco business owner who would go on record opposing the law failed, many business owners spoke out against the bill before and soon after it was passed, citing concerns about rising costs and employees who might abuse the benefit.

However, most employee complaints arising from the city’s PLSO have been resolved with ease. Between February 2007 and December 2012, the San Francisco Office of Labor Standards Enforcement received 305 complaints—an average of about 4.4 complaints per month—from workers about employers’ failure to comply with the ordinance. Most cases were resolved fairly easily, and no paid sick leave ruling has ever been appealed. Over 100 of the complaints resulted in back wages and penalties totaling about $194,000.

Piallat’s experience shows that complying with a paid sick day ordinance may not cost as much as employers think it will. In fact, paid sick days should be considered an investment. The IWPR report points out that when employees work while they’re sick, they are less productive and more likely to infect colleagues and customers, which can yield much higher employer costs down the road.

Opposition to paid sick leave will likely persist in some U.S. cities, while the national movement for paid sick leave works to emphasize the public health benefit of paid sick time. Piallat, who was a server for many years before becoming a restaurateur, understands the public health concern all too well. “One sick server could get 120 people sick,” she said. “They’re touching glasses, silverware. Having people work in a kitchen or wait on you when they’re ill does not make sense.”

Culture & Conversation Human Rights

Let’s Stop Conflating Self-Care and Actual Care

Katie Klabusich

It's time for a shift in the use of “self-care” that creates space for actual care apart from the extra kindnesses and important, small indulgences that may be part of our self-care rituals, depending on our ability to access such activities.

As a chronically ill, chronically poor person, I have feelings about when, why, and how the phrase “self-care” is invoked. When International Self-Care Day came to my attention, I realized that while I laud the effort to prevent some of the 16 million people the World Health Organization reports die prematurely every year from noncommunicable diseases, the American notion of self-care—ironically—needs some work.

I propose a shift in the use of “self-care” that creates space for actual care apart from the extra kindnesses and important, small indulgences that may be part of our self-care rituals, depending on our ability to access such activities. How we think about what constitutes vital versus optional care affects whether/when we do those things we should for our health and well-being. Some of what we have come to designate as self-care—getting sufficient sleep, treating chronic illness, allowing ourselves needed sick days—shouldn’t be seen as optional; our culture should prioritize these things rather than praising us when we scrape by without them.

International Self-Care Day began in China, and it has spread over the past few years to include other countries and an effort seeking official recognition at the United Nations of July 24 (get it? 7/24: 24 hours a day, 7 days a week) as an important advocacy day. The online academic journal SelfCare calls its namesake “a very broad concept” that by definition varies from person to person.

“Self-care means different things to different people: to the person with a headache it might mean a buying a tablet, but to the person with a chronic illness it can mean every element of self-management that takes place outside the doctor’s office,” according to SelfCare. “[I]n the broadest sense of the term, self-care is a philosophy that transcends national boundaries and the healthcare systems which they contain.”

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In short, self-care was never intended to be the health version of duct tape—a way to patch ourselves up when we’re in pieces from the outrageous demands of our work-centric society. It’s supposed to be part of our preventive care plan alongside working out, eating right, getting enough sleep, and/or other activities that are important for our personalized needs.

The notion of self-care has gotten a recent visibility boost as those of us who work in human rights and/or are activists encourage each other publicly to recharge. Most of the people I know who remind themselves and those in our movements to take time off do so to combat the productivity anxiety embedded in our work. We’re underpaid and overworked, but still feel guilty taking a break or, worse, spending money on ourselves when it could go to something movement- or bill-related.

The guilt is intensified by our capitalist system having infected the self-care philosophy, much as it seems to have infected everything else. Our bootstrap, do-it-yourself culture demands we work to the point of exhaustion—some of us because it’s the only way to almost make ends meet and others because putting work/career first is expected and applauded. Our previous president called it “uniquely American” that someone at his Omaha, Nebraska, event promoting “reform” of (aka cuts to) Social Security worked three jobs.

“Uniquely American, isn’t it?” he said. “I mean, that is fantastic that you’re doing that. (Applause.) Get any sleep? (Laughter.)”

The audience was applauding working hours that are disastrous for health and well-being, laughing at sleep as though our bodies don’t require it to function properly. Bush actually nailed it: Throughout our country, we hold Who Worked the Most Hours This Week competitions and attempt to one-up the people at the coffee shop, bar, gym, or book club with what we accomplished. We have reached a point where we consider getting more than five or six hours of sleep a night to be “self-care” even though it should simply be part of regular care.

Most of us know intuitively that, in general, we don’t take good enough care of ourselves on a day-to-day basis. This isn’t something that just happened; it’s a function of our work culture. Don’t let the statistic that we work on average 34.4 hours per week fool you—that includes people working part time by choice or necessity, which distorts the reality for those of us who work full time. (Full time is defined by the Internal Revenue Service as 30 or more hours per week.) Gallup’s annual Work and Education Survey conducted in 2014 found that 39 percent of us work 50 or more hours per week. Only 8 percent of us on average work less than 40 hours per week. Millennials are projected to enjoy a lifetime of multiple jobs or a full-time job with one or more side hustles via the “gig economy.”

Despite worker productivity skyrocketing during the past 40 years, we don’t work fewer hours or make more money once cost of living is factored in. As Gillian White outlined at the Atlantic last year, despite politicians and “job creators” blaming financial crises for wage stagnation, it’s more about priorities:

Though productivity (defined as the output of goods and services per hours worked) grew by about 74 percent between 1973 and 2013, compensation for workers grew at a much slower rate of only 9 percent during the same time period, according to data from the Economic Policy Institute.

It’s no wonder we don’t sleep. The Centers for Disease Control and Prevention (CDC) has been sounding the alarm for some time. The American Academy of Sleep Medicine and the Sleep Research Society recommend people between 18 and 60 years old get seven or more hours sleep each night “to promote optimal health and well-being.” The CDC website has an entire section under the heading “Insufficient Sleep Is a Public Health Problem,” outlining statistics and negative outcomes from our inability to find time to tend to this most basic need.

We also don’t get to the doctor when we should for preventive care. Roughly half of us, according to the CDC, never visit a primary care or family physician for an annual check-up. We go in when we are sick, but not to have screenings and discuss a basic wellness plan. And rarely do those of us who do go tell our doctors about all of our symptoms.

I recently had my first really wonderful check-up with a new primary care physician who made a point of asking about all the “little things” leading her to encourage me to consider further diagnosis for fibromyalgia. I started crying in her office, relieved that someone had finally listened and at the idea that my headaches, difficulty sleeping, recovering from illness, exhaustion, and pain might have an actual source.

Considering our deeply-ingrained priority problems, it’s no wonder that when I post on social media that I’ve taken a sick day—a concept I’ve struggled with after 20 years of working multiple jobs, often more than 80 hours a week trying to make ends meet—people applaud me for “doing self-care.” Calling my sick day “self-care” tells me that the commenter sees my post-traumatic stress disorder or depression as something I could work through if I so chose, amplifying the stigma I’m pushing back on by owning that a mental illness is an appropriate reason to take off work. And it’s not the commenter’s fault; the notion that working constantly is a virtue is so pervasive, it affects all of us.

Things in addition to sick days and sleep that I’ve had to learn are not engaging in self-care: going to the doctor, eating, taking my meds, going to therapy, turning off my computer after a 12-hour day, drinking enough water, writing, and traveling for work. Because it’s so important, I’m going to say it separately: Preventive health care—Pap smears, check-ups, cancer screenings, follow-ups—is not self-care. We do extras and nice things for ourselves to prevent burnout, not as bandaids to put ourselves back together when we break down. You can’t bandaid over skipping doctors appointments, not sleeping, and working your body until it’s a breath away from collapsing. If you’re already at that point, you need straight-up care.

Plenty of activities are self-care! My absolutely not comprehensive personal list includes: brunch with friends, adult coloring (especially the swear word books and glitter pens), soy wax with essential oils, painting my toenails, reading a book that’s not for review, a glass of wine with dinner, ice cream, spending time outside, last-minute dinner with my boyfriend, the puzzle app on my iPad, Netflix, participating in Caturday, and alone time.

My someday self-care wish list includes things like vacation, concerts, the theater, regular massages, visiting my nieces, decent wine, the occasional dinner out, and so very, very many books. A lot of what constitutes self-care is rather expensive (think weekly pedicures, spa days, and hobbies with gear and/or outfit requirements)—which leads to the privilege of getting to call any part of one’s routine self-care in the first place.

It would serve us well to consciously add an intersectional view to our enthusiasm for self-care when encouraging others to engage in activities that may be out of reach financially, may disregard disability, or may not be right for them for a variety of other reasons, including compounded oppression and violence, which affects women of color differently.

Over the past year I’ve noticed a spike in articles on how much of the emotional labor burden women carry—at the Toast, the Atlantic, Slate, the Guardian, and the Huffington Post. This category of labor disproportionately affects women of color. As Minaa B described at the Huffington Post last month:

I hear the term self-care a lot and often it is defined as practicing yoga, journaling, speaking positive affirmations and meditation. I agree that those are successful and inspiring forms of self-care, but what we often don’t hear people talking about is self-care at the intersection of race and trauma, social justice and most importantly, the unawareness of repressed emotional issues that make us victims of our past.

The often-quoted Audre Lorde wrote in A Burst of Light: “Caring for myself is not self-indulgence, it is self-preservation, and that is an act of political warfare.”

While her words ring true for me, they are certainly more weighted and applicable for those who don’t share my white and cisgender privilege. As covered at Ravishly, the Feminist Wire, Blavity, the Root, and the Crunk Feminist Collective recently, self-care for Black women will always have different expressions and roots than for white women.

But as we continue to talk about self-care, we need to be clear about the difference between self-care and actual care and work to bring the necessities of life within reach for everyone. Actual care should not have to be optional. It should be a priority in our culture so that it can be a priority in all our lives.

News Politics

San Francisco Now Has Nation’s Most Generous Family Leave Policy

Nicole Knight Shine

The sweeping benefit is the first of its kind in the country, which remains the only industrialized nation not to guarantee paid parental leave to all workers.

San Francisco on Tuesday became the first place in the country to require that employers provide six weeks of fully paid leave to new parents.

The ordinance, approved by the Board of Supervisors, covers employees in San Francisco county and city who wish to take time off to care for a newborn baby, newly adopted child, new foster child, or to attend to an ill family member.

The law, which goes into effect next year, intially applies to employers with 50 or more workers. Beginnining July 1, 2017, it extends to employers with 20 or more employees.

The sweeping benefit is the first of its kind in the country, which remains the only industrialized nation not to guarantee paid parental leave to all workers. California offers six weeks of family leave at 55 percent of pay—one of three states to enact paid leave policies, according to the National Partnership for Women and Families.

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New York’s governor this week signed a $15 minimum wage law that includes a new provision for 12 weeks of paid parental leave—a measure that offers longer coverage, but fewer financial benefits than San Francisco’s. New York’s policy phases in paid parental leave beginning in 2018, and offers workers a maximum of 67 percent of their average weekly wage when fully implemented in 2021.

“The vast majority of workers in this country have little or no access to paid parental leave, and that needs to change,” San Francisco Supervisor Scott Wiener, who sponsored the measure, said at a news conference before the vote, as the Associated Press reported.

Under San Francisco’s ordinance, employers will now make up the difference between what the state covers (55 percent) and what the law now mandates.

San Francisco is a leader in pro-worker measures, requiring paid sick leave and passing a law to lift the minimum wage to $15 an hour by July 2018. California’s governor on Monday signed an unprecedented statewide $15-per-hour minimum wage bill that is expected to raise the wages of more than six million people who work in the state by 2023.

Small business owners in San Francisco have complained that the paid leave ordinance is the latest in a string of mandates that burden their companies, according to the Associated Press. Business groups like the Bay Area Council, the members of which include Google and Facebook, voiced support for paid parental leave.

Documents leaked to the Center for Media and Democracy this week show that most business leaders support parental leave policies and boosting the minimum wage, despite fierce opposition to those measures from chambers of commerce.

“Paid parental leave increases the probability that employees will return to work, be more productive, and earn higher wages,” Jim Wunderman, president and CEO of the Bay Area Council, told the Associated Press. “That is good for business and for families.”

California’s paid leave program is financed through the state insurance program. The California Employment Development Department approved roughly 1.8 million paid family leave claims totaling $4.6 billion in 2014. About nine out of ten claimants took leave to bond with a new child.

A 2014 report by the California Senate Office of Research indicates that claims filed by highly paid employees outnumbered claims filed by workers who earn less, suggesting that the state’s low-wage workers can’t afford to take time off for their families.

Vicki Shabo, vice president of the National Partnership for Women and Families, said the San Francisco measure could help boost momentum at the national level, where federal law provides for 12 weeks of unpaid leave.

“It’s great to see local leaders stepping up,” Shabo told the Guardian, noting that California’s first-of-its-kind law served as a model for other states. “There’s a growing consensus that the nation must do something to address this.”