June 16 2011
Policy Focus: Paid Sick Leave Regulations
Across the country, politicians are pushing proposals to require businesses to provide paid sick leave to workers. Connecticut, for example, just passed legislation mandating businesses with more than 50 workers to offer paid time off for illness. Similar legislation has been proposed in Congress.
Sick leave requirements are sold as common sense regulations to force businesses to act humanely, and provide needed relief to low-income workers. Yet this narrative misses the full story: Of course it’s nice to have paid time off, but benefits have costs, and many workers value the ability to negotiate their own compensation packages, including packages with more take-home pay instead of benefits.
Legal scholars can debate just how far Article I, Section 8, Clause 3 (better known as the “Commerce Clause”) can be stretched. But Americans should recognize that regardless of its constitutionality, the ACA is a tremendous government power grab, which will forever change the relationship between citizens and the state.
Section 5000A of the Affordable Care Act, also know as the “Minimum Essential” requirement mandates the vast majority of Americans obtain health insurance coverage or pay a penalty.