Everyone, at one time or another, has worked with that person who comes to work with a bad cold. Not only is it annoying, but it also jeopardizes the health of other employees. But have you ever stopped to think that maybe your co-worker came to work because they didn’t have enough paid sick time available and wouldn’t get paid for a missed day or two?
Compliance with State and Municipality Sick Leaves
In the past, granting paid sick leave was at the employer’s discretion in the private sector. While employees are covered for long-term leave under the Family and Medical Leave Act (FMLA), there’s no federal paid sick leave act that requires a private employer to pay for short-term illness. We’re seeing a growing movement of laws being created at state and local levels designed to protect employees who might be forced to choose between going to work sick and infecting their co-workers, or calling in sick and potentially losing pay or, in the worst-case scenario, even their jobs.
Some cities such as Los Angeles have further expanded the definition of family members who are covered under an employer’s sick leave policies: “An employee’s child, spouse, registered domestic partner, parent, parent-in-law, sibling, grandparent, grandchild, and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”
Private employers in more than a dozen states, plus two dozen municipalities across the U.S., are required to provide some form of paid sick leave to an eligible employee. If you have employees in any state or municipality that has paid sick leave laws, you should take every step possible to help ensure you’re in compliance with those laws. Your job is made even more difficult if your company does business in multiple states or localities, each of which may have their own paid sick leave laws.
With so many different rules, it’s important to understand the nuances of each law and determine how the laws work together (or don’t) so you can write appropriate leave policies, establish procedures, and guide your management teams.
How to Craft a Paid Sick Leave Policy
If you do have to follow paid sick leave requirements, one of the main decisions you’ll need to make is whether your employees will accrue paid sick time based on the number of hours they work each week or if they will draw from a bank of sick time that is frontloaded at the start of every year. If you have multiple locations, you’ll also need to decide if you will apply a single policy to every location or if you will apply different policies for each state or municipality where your employees work.
Many paid sick leave laws also include “safe time” or “safe leave” provisions, which provide paid sick leave entitlements to employees affected by domestic violence, sexual assault, or stalking. Under these laws, an employee may be allowed to take leave not only to get medical care but also to attend court proceedings, move, go to counseling appointments, or receive services from a victim’s services group.
Employees are typically protected from any employer retaliation when asking for or using their sick leave hours. So, it’s critical that your managers not only understand the laws and any procedures they’re required to follow when an employee submits a sick leave request, but also understand that any negative reaction to a request could be viewed as retaliatory in nature.
Which states have mandatory paid sick leave?
Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Washington, D.C. have mandatory paid sick leave laws.
Are employers required to give ALL employees paid sick leave?
No. Paid sick leave depends on the rules of the state or municipality.
What’s the difference between an exempt and non-exempt employee?
The main difference between exempt and non-exempt employees is eligibility for overtime pay. Exempt employees are not covered by the Fair Labor Standards Act (FSLA) and do not receive overtime pay, while non-exempt employees can.
What do paid sick leave laws do?
Paid sick leave laws enable covered employees to take paid time off for medical care for themselves, a family member, or in some states, a close friend.
State Paid Sick Leave Laws
The following is a high-level overview of paid sick leave laws by state for private sector employers. Keep in mind this list is not inclusive of every state law; there are many more nuances to understand. States that are omitted do not have laws regulating paid time off.
| State / City / Municipality | Covered Employers & Employees | Max Usage Per Year & Accruals | Qualifying Reasons |
| Arizona | All/All | 40 hours (employers with 15+ employees) or 24 hours (employers with fewer than 15 employees) 1 hour for every 30 hours worked | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| California | Employers with 1 or more employees who work more than 30 days in a year in California. Employees who work 30 or more days per year in California for the same employer | 40 hours or 5 days per year 1 hour for every 30 hours worked. Employers may use alternate accrual methods or frontload the full amount of time at the beginning of the calendar year. Annual accrual cap is 48 hours or 6 days. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| Berkeley, CA | All employers Employees who work at least 2 hours per calendar week in the City of Berkeley and are entitled to the state minimum wage or participate in a Welfare-to-Work Program | 48 hours (employers with 24 or fewer employees); employers with 25+ employees may not cap usage. 1 hour for every 30 hours worked capped at 72 hours (but no max annual usage) 48 hours accrual/usage cap if less than 24 employees. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care. |
| Emeryville, CA | All employers Employees who work at least 2 hours per calendar week in the City of Emeryville and are entitled to the state minimum wage | 48 hours (employers with 55 or fewer employees) or 72 hours (employers with 56 or more employees) 1 hour for every 30 hours worked. Frontloading is allowed. Annual accrual cap is 48 hours (employers with 55 or fewer employees); 72 hours (employers with 56+ employees). | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence against the employee; to aid or care for a service dog. |
| Los Angeles, CA | All employers All employees who have worked at least 2 hours in a particular week for the same employer for 30 days or more | Up to 48 hours per year 1 hour for every 30 hours worked | Illness for employee, family member, or any individual related by blood or affinity. |
| Oakland, CA | All/All | 72 hours; 40 hours if 9 or fewer employees 1 hour for every 30 hours worked. Annual accrual cap is 40 hours (employers with fewer than 10 employees); 72 hours (employers of 10 or more employees). | Employee’s or family member’s health condition; need for diagnosis, care, treatment or preventive care. |
| San Diego, CA | All/All | 40 hours 1 hour for every 30 hours worked. Frontloading is permitted. Annual accrual cap is 80 hours. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| San Francisco, CA | All/All | No cap 1 hour for every 30 hours worked. Employers with 10+ employees –up to 72 hours. Employers with 1-9 employees –up to 48 hours. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| Santa Monica, CA | All employers All employees who work at least 2 hours in a particular week in the City of Santa Monica and are entitled to the state minimum wage. | N/A 1 hour for every 30 hours worked. Accrual cap is 40 hours (employers with 25 or fewer employees); 72 hours (employers with 26+ employees). | Employee’s or family member’s health condition; need for diagnosis, care, treatment or preventive care; reasons related to domestic violence, sexual violence or stalking. |
| Colorado | Employers with at least 16 employees Employees who work at businesses with at least 16 employees | Up to 48 hours per year; 48 hours can be carried over each year 1 hour for every 30 hours worked | Employee’s or family member’s health condition; need for diagnosis, care, treatment or preventive care; reasons related to domestic or sexual violence. |
| Connecticut | Employers with 50 or more employees Employees who work at businesses with at least 50 employees, work at least 10 hours per week, and have completed 680 hours of work | Max 40 hours carry/use per year 1 hour for every 40 hours worked up to 40 hours max per year. | Employee’s or family member’s health condition; need for diagnosis, care, treatment or preventive care; reasons related to domestic or sexual violence of self or child; mental health wellness |
| Washington D.C. | All/All | 7 days (employers with 100+ employees); 5 days (employers with 25-99 employees); 3 days (employers with 24 or fewer employees) 1 hour for every 37 hours worked (employers with 100+ employees); 1 hour for every 43 hours worked (employers with 25-99 employees); 1 hour for every 87 hours worked (employers with 24 or fewer employees). Annual accrual cap is 7 days (employers with 100+ employees); 5 days (employers with 25-99 employees); 3 days (employers with 24 or fewer employees). | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| Illinois | All employers in Illinois, including state and local governments and government agencies. Does not apply to employers covered by Chicago’s or Cook County’s sick leave ordinances. Does not apply to school districts under the School Code or park districts. Covers all full- and part-time employees except employees defined by the federal Railroad Unemployment Insurance Act or Railway Labor Act Temporary higher learning student employees Construction employees covered by collective bargaining agreements Employees of shipment services companies who are covered by collective bargaining agreements | 40 hours Frontloading is permitted. 1 hour for every 40 hours worked but the calculation must be made on a fractional basis based on 15-minute work increments. Accrual begins at start of employment or January 1, 2024, whichever is later. Employees can begin using paid leave after 90 days. | None required |
| Chicago, IL | Employers with at least 1 covered employee that maintain a business facility in Chicago and/or are subject to 1 or more of Chicago’s licensing requirements. Employees who work at least 2 hours in Chicago in any particular 2-week period and who work at least 80 hours in Chicago within any 120-day period. | Half of unused sick leave up to 20 hours (rounded up). If FMLA eligible, employee may carry over an additional 40 hours only for FMLA leave. 1 hour for every 40 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| Cook County, IL | Any employer with an employee working at least 2 hours in Cook County BUT municipalities may opt-out. Employees who work at least 2 hours in any particular 2-week period and who work at least 80 hours in Cook County within any 120-day period. | Half of unused sick leave up to 20 hours (rounded up). If FMLA eligible, employee may carry over an additional 40 hours only for FMLA leave. 1 hour for every 40 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence, sexual violence, or stalking. |
| Maine | Employers with 10+ employees who work more than 120 hours annually All employees who work for covered employers accrue leave but aren’t eligible to take it until 120 consecutive days of employment | Up to 40 hours per year 1 hour for every 40 hours worked | None required |
| Maryland | Employers with 15+ employees except if covered by local ordinance Employees who work at least 12 hours per week | 64 hours 1 hour for every 30 hours worked up to 40 hours max per year OR employer can choose to award 40 hours at the beginning of the year | Employee’s or a family member’s illness, injury, or condition; preventive care; maternity or paternity leave; reasons related to domestic violence, sexual assault, or stalking. |
| Montgomery County, MD | All Employees who work more than 8 hours per week in Montgomery County. | 80 hours 1 hour for every 30 hours worked in Montgomery County. Frontloading is permitted. Annual accrual cap is 56 paid hours (employers with 5+ employees) or 32 paid hours and 24 unpaid hours (employers with fewer than 5 employees). | Employee’s or a family member’s illness, injury, or condition; preventive care; birth or placement of a child for adoption or foster care; care for a newborn, newly adopted, or newly placed child within 1 year of birth, adoption, or placement.; reasons related to domestic violence, sexual assault, or stalking. |
| Massachusetts | All employers. Local governments and those with fewer than 11 employees may provide unpaid leave. All employees | 40 hours 1 hour for every 30 hours worked up to 40 hours. 40 hours may be carried over. | Employee’s or immediate family member’s health condition; need for diagnosis, care, treatment, or preventive care; reasons related to domestic violence. |
| Michigan | Employers with 50 or more employees Employees who work at least 25 hours per week, who work at least 26 weeks per year for a job scheduled for at least 26 weeks, and whose primary work location is in Michigan | 40 hours 1 hour for every 35 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury or condition; preventive care; maternity or paternity leave; reasons related to domestic violence or sexual assault; exposure to communicable disease. |
| Minnesota | All employers with one or more employees in Minnesota must provide ESSL to employees who work at least 80 hours during the year Read about Minnesota’s Earned Sick and Safe Time (ESST) policy | Employees earn one hour of ESSL for every 30 hours worked, up to 48 hours per year | Any reason |
| Duluth, MN | Employers with 5+ employees (regardless of where they work) Employees who work at least 80 hours a year in Duluth | N/A 1 hour for every 50 hours worked | Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to domestic violence, sexual violence, or stalking for themselves, a family member, or roommate. |
| Minneapolis, MN | Employers with 6+ employees (unpaid if fewer than 6) Employees who work at least 80 hours a year within Minneapolis | 40 hours 1 hour for every 30 hours worked. Annual accrual cap is 48 hours. | Employee’s or a family member’s illness, injury, or condition; preventive care; reasons related to domestic or sexual violence. Family member place-of-care closure. |
| Saint Paul, MN | Employers with 1 or more employees that have a physical location in Saint Paul Employees who work at least 80 hours a year within Saint Paul | N/A 1 hour for every 30 hours worked. Annual accrual cap is 48 hours. Employees can carry over up to 80 hours per year. | Employee’s or a family member’s illness, injury, or condition; preventive care; reasons related to domestic or sexual violence. Family member place-of-care closure. |
| Nevada | Employers in business for at least 2 years, with 50+ employees in the state Employees of businesses with 50+ employees in the state | Employer may limit to 40 hours 0.01923 hours of paid leave for each hour worked | Any reason |
| New Jersey | All employers with workers in the state All employees working for an employer in the state | 40 hours 1 hour for every 30 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury, or condition; preventive care; school conference; meeting regarding a child’s health or disability; reasons related to domestic or sexual violence. |
| New Mexico | Private employer with at least 1 employee All employees of private employers | 64 hours per 12-month period 1 hour for every 30 hours worked. Employees can carry over unused sick leave. | Employee’s or a family member’s illness, injury, or condition; preventive care; school conference; meeting regarding a child’s health or disability; reasons related to domestic or sexual violence. |
| New York | Private sector employers with 5+ employees or net income of more than $1 million All employees of private sector employers with 5+ employees or net income of more than $1 million | Employers with 100+ employees: up to 56 hours. Employers with 5–99 employees: up to 40 hours. Employers with 4 or fewer employees and net income of greater than $1 million: up to 40 hours. Employers with 4 or fewer employees and net income of $1 million or less: up to 40 hours unpaid. 1 hour for every 30 hours worked; frontloading is permitted. | Employee’s or a family member’s illness, injury, or condition; preventive care; reasons related to domestic or sexual violence. |
| New York City, NY | Private employer with 5+ employees (unpaid if fewer than 5) or 1 or more domestic workers Employees and domestic workers who work more than 80 hours a year in New York City. Domestic workers must also work for the same employer for 1 year. | 40 hours; 2 days for domestic workers. 1 hour for every 30 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury, or condition; preventive care; reasons related to family offense matters, sexual offenses, stalking, or human trafficking. |
| Westchester County, NY | Employers with 5+ employees (unpaid if fewer than 5) or 1 or more domestic workers Employees and domestic workers who work more than 80 hours a year in Westchester County | 40 hours; 2 days for domestic workers 1 hour for every 30 hours worked. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury or condition; preventive care; exposure to communicable disease. |
| Unincorporated Bernalillo County, NM | Employers in unincorporated Bernalillo County with 2+ employees Employees who work at least 56 hours per year for an employer located in unincorporated Bernalillo County | 1 hour for every 32 hours worked (Up to 56 hours per year, eff. 7/1/22) | Any reason |
| Oregon | Employers with 10+ employees (unpaid if fewer than 10) or employers in large cities (500,000+ population) with 6+ employees anywhere in the state (unpaid if fewer than 6) All employees of companies with 10+ employees (unpaid if fewer than 10) or employers in large cities (500,000+ population) with 6+ employees anywhere in the state (unpaid if fewer than 6) Discover how Paid Leave Oregon impacts employees and employers. | 40 hours 1 hour for every 30 hours worked or 1.33 hour for every 40 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury or condition; preventive care; employee’s or family member’s serious health condition; to care for a child who does not have a serious health condition but needs home care; reasons related to domestic violence, harassment, sexual assault, or stalking; bereavement; donation to co-worker if allowed by employer. |
| Allegheny County, PA | Employers with at least 26 employees. Exemptions include seasonal workers, independent contractors, state and federal government employees. Employers in Pittsburgh will follow the city paid sick leave ordinance. | Eligible employees will accrue one hour for every 35 hours worked and will be eligible to accrue up to 40 hours annually. Employers have the option of providing the 40 hours of paid sick leave at the beginning of the year. | To care for the employee’s mental or physical illness, injury, or health condition. To care for a family member with a mental or physical illness, injury, or health condition. If an employee’s place of business is closed due to a public health emergency or their child’s school or place of care has been closed due to a public health emergency. |
| Philadelphia, PA | Employers with 10+ employees (unpaid if fewer than 10) and chain establishments regardless of size Employees who work at least 40 hours a year in Philadelphia | 40 hours; 2 days for domestic workers 1 hour for every 30 hours worked. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to stalking, domestic or sexual violence. |
| Pittsburgh, PA | Employees who perform work within the city of Pittsburgh. | 35 hours of paid sick leave per calendar year. | Eligible employees may use their sick leave to care for their own illness or medical condition, to care for a family member with an illness or a medical condition, or to comply with a public health emergency. Mental health conditions are also included under the sick leave laws. |
| Rhode Island | Employers with 18+ employees in Rhode Island All employees whose primary place of employment is in Rhode Island | 40 hours 1 hour for every 35 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury, or condition; preventive care; exposure to communicable disease; reasons related to domestic abuse, sexual assault, or stalking. |
| Vermont | All employers doing business or operating in the state Employees who work for an average of no less than 18 hours per week during a year | 40 hours 1 hour for every 52 hours worked. Frontloading is permitted. Annual accrual cap is 40 hours. | Employee’s or a family member’s illness, injury, or condition; preventive care; to accompany a family member to an appointment related to long-term care; reasons related to domestic abuse, sexual assault, or stalking; when a family member’s school or business is closed for public health or safety reasons. |
| Washington | All/All | N/A 1 hour for every 40 hours worked. No annual accrual. | Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to domestic abuse, sexual assault or stalking. |
| Seattle, WA | All employers All employees who work in Seattle. Employees who work on an occasional basis in Seattle must work more than 240 hours in Seattle in a year. | N/A 1 hour for every 40 hours worked (employers with 1-249 full-time equivalent employees); 1 hour for every 30 hours worked (employers with 250 or more full-time equivalent employees). No annual accrual. | Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to domestic abuse, sexual assault or stalking. |
| Tacoma, WA | All employers Employees who work more than 80 hours in Tacoma in a year | N/A 1 hour for every 40 hours worked (employers with 1-249 full-time equivalent employees); 1 hour for every 30 hours worked (employers with 250+ full-time equivalent employees). No annual accrual. | Employee’s or a family member’s illness, injury or condition; preventive care; reasons related to domestic abuse, sexual assault or stalking; bereavement. |