ALBANY - Paid sick days might not have won in Albany County, but those who have lobbied tirelessly for the law say the fight is not over.

“It’s been a tough campaign all the way through,” said Blue Carreker, campaign manager for Citizen Action of New York. “The bottom line is just very simple: Nobody should be punished for staying home sick.”

The Albany County Legislature on Monday defeated, 21-17, a law that would’ve required employers provide both full- and part-time workers with paid sick time with total time accrued dependent on the size of the employer. The legislation stipulated workers could earn one hour of sick time for every 30 hours worked.

Businesses and nonprofits have been staunchly opposed to Local Law “C” saying it would be more appropriate if it was enacted on a state level, so it doesn’t put the county at an economic disadvantage compared to other counties.

Those arguments won out – convincing several Democrats to vote against the law, including Cohoes Democrat Gil Ethier, who described himself as a “union man.”

“It’s not a fair playing field, and that’s why I’m going to make my decision right at this very moment,” he said before voting against the measure and advocating for a law on the state level.

Opponents also argued it would add costs for consumers, but supporters of the law say those costs are overblown.

Proponents argued the measure would improve public health and work conditions. Some minimum wage workers risk losing their jobs if they take sick time, opting instead to go to work ill. They say communities that have passed similar measures have not seen the decline business advocates say would result.

How legislators voted on this bill could be a determining factor for those who head to the polls in this month’s primaries as well as in the general election for county Legislature in November, Carreker said.

Albany Democrat Wanda Willingham, who voted in favor of the law, said the topic of paid sick days has come up often during her campaigning for re-election.

“We really need to think about what we’re doing tonight, and who the real people are who are being affected by not having paid sick leave,” she said.

Split decision Albany County Legislature's 21-17 paid sick leave vote: For: Democrats Lucille McKnight, Merton Simpson, Wanda Willingham, Norma Chapman, Chris Higgins, Samuel Fein, Doug Bullock, Lynne Lekakis, Andrew Joyce, Gary Domalewicz, William Clay, Raymond Joyce, Alison McLean Lane, Joseph O'Brien, Paul Miller, William Reinhardt, Richard Touchette Against: Democrats Robert Beston, Charles Cahill Jr., Frank Commisso Sr., Victoria Plotsky, Charles Dawson, Gil Ethier, Dennis Feeney, David Mayo, John Franier, Chris Smith, Sean Ward; and Republicans Paul Burgdorf, Peter Crouse, Todd Drake, Mark Grimm, Brian Hogan, Patrice Lockart, Frank Mauriello, Richard Mendick, Travis Stevens, Peter Tunny See More Collapse

It’s estimated about 53,000 workers in Albany County don’t have access to paid sick days. After two years, the benefits will outweigh the initial costs of the measure, proponents said.

New York City has had similar legislation in effect since 2013, and it was strengthened in 2014. Westchester County passed paid sick leave last year, according to Citizen Action of New York.

There are 12 states and 35 localities across the country that have passed paid sick days laws, according to A Better Balance, a legal advocacy organization.

The local law was first talked about in early 2018 during county Executive Daniel McCoy’s state of the county address, but the legislation has languished in the Legislature with drafts being untenable to opponents. Monday’s vote marks roughly a year and half since its introduction.

Sponsors of the law tried to reach a compromise, editing the provision to allow businesses with fewer than five employees and nonprofits with fewer than 200 workers under a single contract to provide unpaid sick days.

Yet, various businesses and representatives came out Monday night to voice their opposition, expressing concern over unintended consequences that could result from the legislation.

Albany County Comptroller Michael Conners cautioned legislators on employers possibly scheduling employees for less than 30 hours to get around the requirement.

Others expressed fear of the costs. Others pointed out the differences in restaurant operation compared to other businesses.

McGeary’s owner Tess Collins said when staff get sick at the restaurant they switch shifts. The paid sick days legislation wouldn’t allow for that mechanism, she said.

“I’ve never told my staff they have to come in sick. I never have employees call out, they switch shifts,” she said.

“I’m already thinking about going across the river. You’re squeezing every dollar out of me,” she said of the proposal.