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States Mull Paid Sick Laws after Stimulus Leaves Out Mandate

Law360

Experts who track states' efforts to adopt paid sick leave mandates say the COVID-19 stimulus' lack of such a requirement has strengthened the push to get these measures onto governors' desks, suggesting more states could join California and New Mexico in adopting or expanding paid sick leave laws in the coming year.

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In the meantime, national employers should look to the states with the most generous paid sick time policies when crafting their corporate policy, to avoid compliance headaches, said Emery Richards, an associate in the labor and employment practice at Blank Rome LLP.

“To confront the patchwork of varied paid sick leave laws that are constantly evolving at the state and local level, the simplest thing an employer can do is to find the roughest patch — your state that requires you to give the most paid sick leave days, [and] make that your amount everywhere,” Richards said.

“It's worth it for avoiding the headaches, legal fees, and administrative nightmare that comes with trying to constantly conform your policies to the ever-changing legal minimum in each individual jurisdiction,” she added.

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“States Mull Paid Sick Laws after Stimulus Leaves Out Mandate,” by Emily Brill was published in Law360 on March 24, 2021.