Employment and labor law are two terms which are usually used interchangeably. Actually, there is a defined difference between the two terms. Labor laws pertain and deal with the relationship concerning the employer and the union. On the other hand, employment law would apply to the relationship of the employer and the employee. Is this a manifestation of distinction without some sort of difference? Perhaps this is possible if you deal with employment and labor law regularly and the distinction between the two has been very vital to your business.
This article will basically tackle the employee-employee relationships specifically on the issue of sick leave pay. We know that most of the employers in the United States offer their employees with sick leave pay. There are also some employers who offer earned sick leave in cases when employees are laid off or they just quit. This is often done so that employees can attract employees to work for their company. However, it must be noted that this practice is not mandated in the employment and labor law but appears to be voluntary.
When do employees get the benefit of having sick leave pay? Obviously, an employee can have it if the employer is willing to give out sick leave pay so as long as the employee does not violate their agreed terms and conditions that are typically indicated in the employment contract. Since this kind of benefit is purely voluntary, the employment and labor law has no control over this. It is basically up to the employer if he / she wants to give this kind of benefit or not. As expected, there are loopholes in this employment and labor benefit. If your company has the policy under the sick leave pay that require you to present a note from a doctor, but this is not applicable to everyone, you can sue the company for this.
If the said paid sick leave is just voluntary and does not guarantee the opportunity to all of the employees, where does this benefit leave you? What if you have to file a leave not just for your own illness but for your loved ones? You do not have to worry. You are covered by the Family and medical Leave Act which permits you to have a maximum of 12 weeks of sick leave, either due to your own health or a family member's illness. This ensures that you do not have to lose your job under valid health reasons and to lose some group health benefits.
If you can recall, the Healthy Americans Act was introduced in the United States Senate in year 2005. The idea is actually to compel the employers to give out annual sick leave benefits for their employees who are able to log in for at least 1 500 hours in one year. The said Act did not prosper in 2005 and was "reborn" in 2007 as the Healthy Americans Act of 2007.
Simply put, the said act, if passed, would basically break the idea of employer-based insurance. It gives mandate to every employer who covered her / his employees in year 2006 to convert the insurance expenses into increment in the salary. It would mean a lot higher pay!