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afford to miss a day of work—to risk of
COVID-19 transmission at their workplace
and in the communities they live in.
We draw from CPS-ASEC 2018 data to
estimate the number of private sector
workers in each US industry, in 2017, that
worked for employers that would today be
exempt from the FFCRA: those with less than
50 employees, 500 or more employees, or
who work for a healthcare provider.
Over one hundred million (109.8 million)
American workers in the private sector, or
more than four in five (81.8%), are exempted
from one or more of the FFCRA’s paid leave
provisions (see table 2). Without further
reform expanding paid leave, these figures
suggest that states and localities will need to
play a central role in creating a safety for all
if COVID-19 spread is to be stemmed.
Already, some major California cities have
begun to enact or to further extend existing
paid leave ordinances, mandating eighty
hours of emergency paid leave to employees
of firms with less than fifty workers, or more
than five hundred workers (Reyes and
Zahniser 2020). Such ordinances help to
close the massive loopholes in the FFCRA
that place workers and the broader public at
risk of COVID-19 spread.
Table 2 presents the prevalence of working
for an employer with less than fifty or more
than five hundred employees, by industry
(also see figure 4). This table is sorted by
industry; at top are those industries with the
highest rates of workers living in a household
with below a living wage income.
While workers in healthcare and social
assistance industries do not exhibit levels of
worker distress very different from the state
average, we estimate that most workers in
this industry (94.0%) lack at least one form
of FFCRA paid leave due to the FFCRA’s
exemption for healthcare providers. While
some employers in this industry may provide
some form of paid leave, the healthcare
industry nonetheless has the highest rate of
workers who lack access to federal,
guaranteed emergency paid leave.
Several more industries exhibit high rates of
workers who lack access to paid sick or
family leave, even above the state average of
81.8%. In retail trade, 86.8% of workers—or
14.9 million—work for employers with less
than fifty or more than five hundred
employees, and would not qualify for one or
more of the FFCRA’s paid leave provisions.
Other industries with similarly high rates
include retail trade (such as grocery retail
workers) at 86.8%, other services (which
include personal services, such as
housekeepers or gardeners) also at 86.8%,
and accommodations and food services
(such as hotel or fast food workers) at 85.6%.
Agriculture, forestry, fishing and hunting had
the highest rate of workers who live below a
living wage, and a rate of workers who may
not qualify for federal paid sick or family
leave (83.1%) above the nation’s average.
In April, California Governor Gavin Newsom
issued an order extending eighty hours of
emergency paid sick leave to California food
chain workers (including agricultural,
grocery retail, and food delivery workers)
(Office of the Governor 2020). In addition to
the local ordinances mentioned earlier, this
is an important first step demonstrating how
state or local policy may begin to close gaps
in federal laws and address the racial and
economic disparities that allow COVID-19 to
spread in the workplace and beyond.