Coronavirus Spread Highlights Need For Paid Sick Leave In Florida

ACROSS FLORIDA —Now that we are facing the Coronavirus (COVID-19) in Florida with 2 people dead and 12 cases confirmed, it is important to highlight how the State of Florida currently does not require paid or unpaid sick time for employees and how this could slow efforts to contain the virus.

The only exception is the Family and Medical Leave Act (FMLA), a federal labor law which has a limited scope and provides 12 weeks of unpaid, job-protected leave for specified family and medical reasons.

This week in New York, workers at Chipotle staged a walk out and protest to call attention to cases where workers allege to have been compelled to work sick in violation of New York's paid sick and fair work week laws. The brand has experienced a string of trouble with labor lately including 13,000 violations of child labor laws. It is interesting that Chipotle would be involved in allegations like this after major outbreaks at the chain over the past decade caused a nosedive in sales and this contradicts their own current company policies for sick employees.

Former Governor Rick Scott passed a law in 2013 preempting cities and counties in Florida from passing any wage or paid sick leave laws. The bill was supported by American Legislative Exchange Council (ALEC), Florida Chamber of Commerce, Walt Disney World and Darden Restaurants, which at the time owned both Olive Garden and Red Lobster (now sold). Taco Bell, KFC, and McDonald's also supported the bill. The powerful Florida Restaurant and Lodging Association was also a major force backing the bill and called paid sick leave a threat to the restaurant and hospitality businesses in Florida.

The bill preempted an Orange County referendum scheduled for 2014 that would have let voters determine whether the county should require businesses to provide paid sick leave.

“Thank you to Governor Rick Scott for signing the paid leave preemption legislation and protecting members of the tourism and hospitality industry,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association in 2013.

Sick leave would protect consumers who will be out at hotels, restaurants, and other important parts of the Sunshine State as COVID-19 inevitably spreads as well those who become infected and are trying to recover from the virus. The state reassures us that Florida is "open for business" without offering these basic protections.

The Center for Disease Control and Prevention (CDC) has stated in the past that lack of paid sick leave is a major public health threat. A survey from 2015 shows that fifty-one percent of workers in the food industry say they "always" or "frequently" go to work sick, while an additional 38 percent say they go to work sick "sometimes". The implications of that for the spread of COVID-19 cannot be ignored.

The CDC has also found that 1 in 5 food workers will report working while sick with vomiting and diarrhea. Most workers reported working while sick due to income needs or to help their coworkers who might be short-staffed.

It's difficult to follow CDC guidelines to stay home when people are sick with their jobs at risk. The CDC clearly states "stay home when you are sick" on their website as a preventive measure to help the spread of COVID-19.

Some businesses such as Trader Joe's are taking matters into their own hands and offering employees time off for COVID-19. Uber is offering 14 days of paid sick leave for drivers ill with COVID-19 or placed in quarantine, which is a good move considering a recent COVID-19 case in New York traces back to a Uber driver.

Ultimately, a policy solution is the best way forward, but absent one hopefully businesses in Florida will realize that requiring employees to come to work sick will help no one in the future and only serve to make things worse as the virus spreads.

Florida is filled with elderly people who are highly at risk if they them come into contact with COVID-19, policymakers and business owners should do everything in their power to save lives and help slow the spread of COVID-19 and to protect the public health. Sick leave for those infected with COVID-19 is a start.

Follow Carlos Hernandez on Twitter @CarlosEats or visit him at CarlosEats.com