Typically, employers get to choose whether they want to offer types of paid time off, like sick leave, to employees. But depending on your business location, you might not have a choice. Little by little, paid sick leave laws by state are on the rise.
If your employees work in a state with mandatory sick leave, you must comply. But to remain compliant, you have to know about the state sick leave law in the first place.
So, what states have paid sick leave? Can cities set paid sick leave laws? Read on for the information you need to keep things legal in your small business.
What do paid sick leave laws do?
When your employees have the flu, the last thing they want to do is get out of bed and work. Not to mention, you probably don’t want them to infect everyone at your business.
Paid sick leave laws help circumvent these types of issues.
Sick leave is time off an employee can take if they or a family member are sick. With paid sick leave, the employee receives the same wages as if they worked. Keep in mind that paid sick leave is different from paid family leave laws by state.
Currently, there is no federal sick leave law. However, over a dozen states and Washington D.C. require state-mandated sick pay.
State sick leave laws ensure that all businesses covered by the law provide paid leave to sick employees.
Generally, paid sick leave laws by state specify information like accrued time off rates, maximum accrual limits, and which employers must follow the law. Employers can choose to go beyond the state’s requirements (e.g., letting employees accrue more time than the accrual limit). Keep in mind that some states require that employers display sick leave information on pay stubs.
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Paid sick leave laws by state
So, are you responsible for paying your employees when they’re out sick? If your business is located in a state with paid sick leave laws, the answer is yes.
Which states require sick leave? The following have state-mandated sick time laws (click on the state to learn more):
Again, state paid sick leave laws can differ. One of the main differences between state laws is how quickly employees can accrue paid sick leave.
However, all states allow employers to “front-load” sick time. Front-loading means that employers give employees their paid sick leave hours in one lump sum at the beginning of the year.
Ready to learn more about sick leave laws by state? Each of the following sections details important information about the law, including:
- Which employers must follow the law
- What employees can use paid sick leave for
- The accrual rate and cap
- How long employees must wait to use earned time
- What happens to accrued and unused paid sick leave
- Where to go for more information
Arizona sick leave
The Arizona sick leave law is under the Fair Wages and Healthy Families Act, which was established in 2017.
Eligible employers
All Arizona employers are subject to paid sick leave laws, including small business owners. However, employer size affects the maximum accrual limit.
Paid sick leave use
Employees can use earned paid sick leave when seeking medical care or dealing with a mental or physical illness, injury, or other health condition.
Arizona employees can use their paid sick leave to care for family members, too. Under Arizona law, a family member is the employee’s:
- Child (Biological, adopted, foster, step, child of a domestic partner, or any child the employee has stood in loco parentis for)
- Parent (Biological, adopted, foster, step, parent of a spouse or domestic partner, or any parent who stood in loco parentis for the employee, their spouse, or domestic partner)
- Spouse or domestic partner
- Grandparent or grandchild
- Sibling
- Family member equivalent
Accrual rate and cap
In Arizona, employees accrue one hour of earned paid sick leave per 30 hours worked. Arizona’s paid sick leave limit depends on business size.
Employers with 15 or more employees: The maximum time an employee can accrue is 40 hours of earned paid sick leave per year.
Employers with fewer than 15 employees: The maximum time an employee can accrue is 24 hours of earned paid sick leave per year.
Waiting period
Employees start accruing earned paid sick time when they start working at an Arizona business. Employers can let employees use sick time as it accrues, or they can establish a waiting period of 90 days.
Carryover rules
If you’re an Arizona employer, you must let your employees carry over unused sick leave (up to the accrual maximum) to the next year unless you frontload paid sick time. Or, you can pay out unused sick leave.
Employers who front-load time off do not need to let employees carry over hours.
For more information
Check out Arizona’s state website for more information on mandatory paid sick leave law.
California sick leave
California’s Paid Sick Leave law went into effect in 2015.
Eligible employers
All employers, regardless of size, must provide paid sick leave to employees who work for them at least 30 days.
However, there are exemptions. Air carrier companies and employers who have a collective bargaining agreement with employees may not have to provide state-mandated paid sick leave.
Paid sick leave use
California employees can use paid sick leave if they or a family member need:
- Preventive care or diagnosis (e.g., flu shots)
- Care or treatment for a health condition
- Time after being the victim of domestic violence, sexual assault, or stalking
Under California’s Paid Sick Leave law, family members include parents, children, spouses, registered domestic partners, grandparents, grandchildren, and siblings.
Accrual rate and cap
Employees earn one hour of paid sick leave for every 30 hours of work. Employers can set a maximum accrual limit of 80 hours per year and a usage limit of five days, or 40 hours, per year.
Waiting period
Again, employees must work at least 30 days for the same employer to be eligible for paid sick leave. Employees can begin taking sick leave after working for an employer for 90 days.
Carryover rules
California law requires employers to allow employees to carry over their accrued sick time from year to year.
If an employee does carry over time, employers can limit their total accrued paid sick leave to 80 hours or 10 days, whichever is more.
For more information
You can learn more about the paid sick leave law by visiting California’s state website.
Colorado sick leave
The Colorado sick leave law, The Health Families and Workplaces Act, went into effect on January 1, 2021.
Eligible employers
All employers, regardless of size, must offer paid sick leave.
Paid sick leave use
For what reasons can an employee use paid sick leave in Colorado? Employees can use paid sick leave for themselves or their family member for:
- Mental or physical illness or injury, including diagnosis and treatment
- Preventive medical care
- Reasons related to domestic abuse, sexual assault, or harassment
Employees can also use paid sick leave to:
- Deal with a workplace closure or the closure of a child’s school or place of care during a public health emergency
- Take bereavement or deal with financial or legal needs after the death of a family member
- Evacuate their residence or care for a family member whose school or place of care was closed in the event of inclement weather; power, heat, or water loss; or another unexpected event.
Under the Colorado paid sick leave law, a family member is an immediate family member who is related by blood, marriage, civil union, or adoption. Family members also include a child or person the employee stood in loco parentis for as well as any person the employee provides health- or safety-related care for.
Accrual rate and cap
Employees accrue one hour per every 30 hours worked. Colorado requires up to a maximum of 48 hours of paid sick leave.
Waiting period
Under Colorado’s law, employers cannot impose a waiting period to use paid sick leave. Employees may use accrued hours as soon as they are accrued.
Carryover rules
So, what if an employee does not use any paid sick leave in a year? Employees can carry over up to 48 hours of unused paid sick leave to the next year.
For more information
Check out Colorado’s website for more information.
Additional paid COVID leave
Colorado also has a temporary sick leave law, Public Health Emergency (PHE) Leave, that is still in effect. Under the law, employers must provide employees with an additional 80 hours of paid leave for COVID-related reasons.
Connecticut sick leave
Connecticut’s mandatory sick leave law was the first in the nation, beginning in 2012.
Eligible employers
All employers (as defined as “employer” under Connecticut’s law) with 50 or more employees must provide their employees with paid sick leave.
Employees must work an average of 10 or more hours per week to be eligible to take paid sick leave.
Paid sick leave use
So, when can employees use Connecticut paid sick leave? Employees can use the time for theirs or their spouse or child’s:
- Illness, injury, or health condition
- Medical diagnosis or preventative medical care
- Care or treatment of physical or mental illness
Connecticut employees can also use paid sick leave if they were the victim of domestic violence or sexual assault.
Beginning October 1, 2023, employees can, in addition to the above reasons, use paid sick leave for the following:
- To take a mental health wellness day
- To care for a child who is a victim of family violence or sexual assault
Accrual rate and cap
Employees accrue one hour of paid sick leave per 40 hours worked. The Connecticut maximum accrual limit is 40 hours per year.
Waiting period
Employees can only use paid sick leave after they’ve completed 680 hours of work at a company.
If an employee works eight-hour days, this means they can take paid sick leave after working 85 workdays.
Carryover rules
What happens to unused and earned time off at the end of the year? Employees can carry over a maximum of 40 hours from year to year.
For more information
Head on over to Connecticut’s website for more information on paid sick leave laws.
Illinois PTO law
Illinois’ sick leave law, The Paid Leave for All Workers Act, began January 1, 2024. This new law provides paid time off for any reason. Illinois is the first state in the Midwest to mandate paid leave.
*Chicago also has a paid mandate leave. Check your local government for any paid leave laws.
Eligible employers
The Paid Leave for All Workers Act applies to all Illinois employers.
Paid leave use
Employees can use their earned paid leave for any reason without providing documentation.
Accrual rate and cap
The accrual rate is one hour of paid leave for every 40 worked. Employers can cap accrued time off at 40 hours per year.
Waiting period
Employees began accruing their paid time off starting January 1, 2024, or when they begin employment. Employees can use their earned time off 90 days following the start of their employment.
Carryover rules
Employers who use an accrual system (instead of frontloading PTO) must allow employees to carry over up to 40 hours from year-to-year.
For more information
You can learn more about The Paid Leave for All Workers Act on the Illinois website.
Maine PTO law
Maine’s law, “An Act Authorizing Earned Employee Leave,” requires employers to let employees take paid time off for any reason, not just sick leave.
Eligible employers
Employers with more than 10 employees who work more than 120 hours annually must provide paid time off (not including seasonal workers).
Paid leave use
As mentioned above, employees may use paid leave for any reason.
You must provide proof of undue hardship if you deny leave for any reason. Consider creating and posting a written policy that outlines the restricted times for paid leave except for cases of emergency, illness, or sudden necessity.
Accrual rate and cap
Maine employees earn one hour of paid leave for every 40 hours worked. The maximum accrual is 40 hours of paid leave per year.
Waiting period
Employees begin accruing leave as soon as they start working for a Maine employer. They can use their earned time off after 120 days of employment.
Carryover rules
Employees may carry over up to 40 hours to the next year. However, the amount of time an employee can accrue in the next year is based on the number of hours the employee carries over.
For more information
You can view more information about this groundbreaking law on Maine’s website.
Maryland paid sick leave
Maryland’s paid sick and safe leave law is known as the Maryland Healthy Working Families Act. The law was established in 2018.
Eligible employers
Under the Maryland Healthy Working Families Act, employers with 15 or more employees must offer paid sick leave.
If you’re a Maryland employer with fewer than 15 employees, you might have to provide unpaid leave for certain employees. Contact the state of Maryland for more information on your unpaid sick leave responsibilities.
Paid sick leave use
So, what can Maryland employees use paid sick leave for?
According to the state’s law, employees can use paid sick leave for themselves or their spouse, child, parent, grandparent, grandchild, or sibling. Employees can use leave for themselves or family to:
- Care or treat physical or mental illness, injury, or condition
- Obtain preventative care
- Seek services following domestic violence, sexual assault, or stalking
Additionally, employees can use paid sick leave for themselves when they take parental leave.
Accrual rate and cap
Employees working in Maryland are entitled to one hour of paid sick leave per 30 hours worked.
Employers can set a maximum accrual limit of 40 hours per year. And, employers may limit an employee’s total accrued time to 64 hours.
Waiting period
Before using paid sick leave, employees must work for the business for at least 106 days (15 weeks).
Carryover rules
Maryland law allows employees to carry over 40 hours of paid sick leave from one year to the next. Again, keep in mind that total accrued time cannot be more than 64 hours.
For more information
Check out Maryland’s state website for more information on paid sick leave.
Massachusetts paid sick leave
Massachusetts’ Earned Sick Time Law began in 2015. What are your Massachusetts paid sick leave responsibilities?
Eligible employers
The state law requires all Massachusetts employers with 11 or more employees to provide paid sick leave. And, employers with fewer than 11 employees must provide unpaid earned sick time.
Some employees are exempt from receiving sick leave, including U.S. government workers and students in a college work-study program.
Paid sick leave use
Employees can use paid or unpaid sick leave for themselves or a child, spouse, parent, or parent of a spouse. Paid and unpaid sick leave covers:
- Care for a physical or mental illness, injury, or medical condition
- Professional medical diagnosis or care
- Preventative medical care or routine appointments
- Services after domestic violence (e.g., counseling or legal action)
- Travel to and from a qualifying appointment
Accrual rate and cap
Employees accrue paid sick leave at a rate of one hour per 30 hours worked. The maximum number of hours an employee can accrue per year is 40 hours.
Waiting period
As soon as an employee starts working for an employer, they begin accruing sick leave. However, they must wait until the 90th calendar day after they start working at a business.
Carryover rules
Typically, employees can carry over 40 hours of unused and earned paid sick leave from one year to the next. However, employers do not have to let employees carry over time if they provide paid sick leave in a lump sum at the beginning of the year.
For more information
Hungry for more information on Massachusetts’ Earned Sick Time Law? Check out the state’s website to learn more.
Michigan paid sick leave
In March 2019, Michigan’s Paid Medical Leave Act took effect.
Eligible employers
Not all Michigan employers must provide paid medical leave. And, not all employees are covered by the sick leave law.
Employers with 50 or more employees must provide paid medical leave. However, government positions are exempt.
Examples of exempt employees include those who worked less than 25 hours per week in the previous year and those exempt from overtime pay.
Paid sick leave use
An employee can use paid leave for themselves or a family member if they:
- Need care for a physical or mental illness, injury, or health condition
- Seek medical diagnosis, care, or treatment
- Obtain preventative care
- Experience a primary workplace closure by order of a public official due to a public health emergency
- Need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency
- Were exposed to a communicable disease
Employees can also use paid medical leave following domestic violence or sexual assault.
The term family member includes the following:
- Child (Biological, adopted, foster, step, child of a domestic partner, or any child the employee has stood in loco parentis for)
- Parent (Biological, adopted, foster, step, parent of a spouse or domestic partner, or any parent who stood in loco parentis for the employee, their spouse, or domestic partner)
- Spouse or domestic partner
- Person who stood in loco parentis when the employee was a minor child
- Grandparent or grandchild
- Biological, foster, and adopted siblings
Accrual rate and cap
Employees accrue one hour of paid sick leave per 35 hours worked. Employers can cap accrual at one hour per calendar week or 40 hours per year.
Waiting period
Although accrual starts immediately, employees cannot take paid medical leave until the 90th calendar day after starting their job.
Carryover rules
Employees can carry over 40 hours from one year to the next. However, employers who give employees a lump sum at the beginning of the year don’t have to let employees carry over unused time.
For more information
Go to Michigan’s state page to learn more about their paid medical leave law.
Minnesota paid sick leave
Minnesota’s Earned Sick and Safe Time began January 1, 2024.
*Earned sick and safe time local ordinances already exist in Bloomington, Minneapolis, and St. Paul. Employers must follow the ESST requirements most favorable to their employees. Check your local government for paid leave laws.
Eligible employers
The Minnesota paid sick leave law applies to all employers with employees working in Minnesota.
Paid sick leave use
Employees can use their earned sick leave for the following qualifying reasons:
- They or a family member has a mental or physical illness, needs treatment, or seeks preventive care
- They or a family member has suffered from domestic abuse, sexual assault, or stalking
- Their workplace or a family member’s school or daycare is closed
- They or a family member is at risk of infecting others with a communicable disease, according to a health care professional or authority
Accrual rate and cap
Employees accrue one hour per 30 hours worked. Employers can cap the accrual at 48 hours a year. These hours can be carried over from year to year until an 80-hour maximum accrual is reached. No more PTO may be acquired by the employee until they have less than 80 hours accrued.
Waiting period
Employees must accrue sick leave beginning on their first day of employment. They can use accrued time off immediately after accruing it.
Carryover rules
Minnesota’s carryover rules depend on whether you let employees accrue time. If you front load 48 hours at the beginning of the year, you must pay employees for any unused sick leave at the end of the year. If you front load 80 hours at the beginning of the year, you do not need to pay out any unused sick leave.
- Accruing sick leave: Employers must let employees carry over sick leave from year to year.
- Frontloading 48 hours: Employers do not need to let employees carry over sick leave, but you must pay out unused sick leave at year-end.
- Frontloading 80 hours: Employers do not need to let employees carry over leave or pay out leave.
For more information
You can learn more by going to the Minnesota Department of Labor and Industry website or FAQ page.
Nevada PTO law
Like Maine, Nevada’s paid leave law lets qualifying employees take paid time off for any reason.
Heads up! Nevada also requires that private employers with at least 50 employees provide paid leave (up to four total hours) to employees receiving a COVID-19 vaccination through December 31, 2023.
Eligible employers
Private employers with 50 or more employees are responsible for providing paid leave to each employee.
However, employers do not have to comply with Nevada’s paid leave law for the first two years of being in business.
Paid leave use
Employees can use accrued leave for any reason, including sick time. And, employees can use their paid leave without providing a reason to their employer.
Accrual rate and cap
Under Nevada’s law, eligible employees earn at least 0.01923 hours of paid leave per hour worked.
Nevada’s paid leave rules don’t explicitly cap the amount of paid leave an employee can accrue.
Waiting period
Employees can begin using accrued paid leave on the 90th calendar day of employment.
Carryover rules
Employees can carry over accrued paid time off. However, employers can limit the carryover amount to 40 hours per benefit year.
For more information
You can find more information about Nevada’s paid leave law on the state’s website.
New Jersey paid sick leave
New Jersey’s earned sick leave law started in October 2018.
Eligible employers
All New Jersey employers, regardless of size, must follow the state’s paid sick leave law.
Paid sick leave use
Employees can use paid sick leave for themselves or a family member for:
- The diagnosis, care, treatment, or recovery from mental or physical illness
- Injury or other adverse health condition
- Seeking services following domestic or sexual violence
- Workplace or child’s school closure due to public emergency
- Time needed to attend a child’s school-related conference, function, etc.
Under New Jersey law, “family member” refers to an employee’s child, grandchild, sibling, spouse, domestic or civil union partner, parent, or grandparent. A spouse’s parent, grandparent, sibling, or other family member is also covered.
Accrual rate and cap
Employees accrue one hour per 30 hours worked under New Jersey’s paid sick leave law. And, employers can cap annual accruals at 40 hours.
Waiting period
Employees start accruing paid sick leave when they start working at a business. But, employees can’t use paid sick leave until they’ve been at a business for 120 calendar days.
Carryover rules
Employees can carry over 40 unused paid sick leave hours from one year to the next.
For more information
You can view New Jersey’s state website for more information on earned sick leave.
New Mexico paid sick leave
New Mexico’s paid sick leave law, Healthy Workplaces Act, became law in April 2021.
Eligible employers
All employers (as defined by New Mexico) must provide employees with paid sick leave time.
Paid sick leave use
Employees can use accrued paid sick leave for their or a family member’s:
- Mental or physical illness, injury, or health condition
- Medical diagnosis, care, or treatment of a mental or physical illness
- Preventive medical care
- Treatment related to domestic abuse, sexual assault, or stalking (e.g., relocating, counseling, etc.)
Employees can also use paid sick leave for meetings at their child’s school or place of care related to the child’s health or disability.
A family member includes spouses, children, grandparents, grandchildren, siblings, domestic partners, family members of the employee’s spouse, and other close associates who are considered family.
Accrual rate and cap
Employees can accrue one hour of earned sick leave for every 30 hours worked.
Employers can cap annual sick leave accruals at 64 hours.
Waiting period
There is no waiting period for paid sick leave accrual or use.
Carryover rules
Employees can carry over any accrued, unused paid sick leave.
For more information
Check out New Mexico’s website for more information on the Healthy Workplaces Act.
New York paid sick leave
New York’s paid sick leave law was signed into law in April, 2020.
Eligible employers
Employers with five or more employees or net income of more than $1 million must provide paid sick leave. Employers with fewer than five employees and a net income of $1 million or less must provide unpaid sick leave.
Paid sick leave use
Employees can use accrued sick leave if they or a family member is impacted by the following reasons:
- Mental or physical illness, injury, or health condition
- Diagnosis, care, and treatment of a mental or physical illness, injury, or health condition
- To meet with an attorney or social services provider for information and advice on a criminal or civil proceeding
- Dealing with being the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking
- To enroll children in a new school
- To ensure health or safety, participate in safety planning, or relocate for safety
Accrual rate and cap
Employees can accrue one hour of paid sick leave per 30 hours worked.
Employers can cap employees’ annual paid sick leave accrual. The accrual caps are based on how many employees you have:
- 1 – 4 employees:
- Less than five employees and a net income in excess of $1 million in the previous tax year: 40 hours of paid sick leave.
- Less than five employees and a net income under $1 million in the previous tax year: 40 hours of unpaid sick leave. See the state website for more information.
- 5 – 99 employees: 40 hours of paid sick leave per calendar year
- 100 or more employees: 56 hours of paid sick leave per calendar year
Waiting period
There is no waiting period.
Carryover rules
Employers must let employees carry over earned, unused sick leave from one year to the next.
For more information
Check out New York’s website for more information about paid leave and related benefits.
Oregon paid sick leave
Oregon’s paid sick leave law went into effect January 2016. If you’re an Oregon employer, read on to find out how it affects you.
Eligible employers
Employers who employ at least 10 employees in Oregon must provide paid sick leave. If employers have operations in Portland, they must provide paid sick leave if they have at least six employees.
Small businesses that aren’t required to provide paid sick leave are required to provide unpaid sick leave.
Paid sick leave use
What can Oregon employees use paid sick leave for?
Under Oregon’s paid sick leave law, employees can use sick leave for themselves or a family member to seek:
- Care for a mental or physical illness, injury, or health condition
- Medical diagnosis, care, or treatment
- Preventative care
Oregon classifies the following as family members:
- Spouse
- Domestic partner
- Child
- Parent (including spouse or partner’s parents)
- Grandparent or grandchild
- Anyone the employee has or had a loco parentis relationship with
Further, Oregon lets employees use paid sick leave to:
- Care for an infant or newly adopted child
- Recover from or seek treatment for a health condition that makes the employee unable to perform at least one job responsibility
- Deal with absences associated with the death of a family member
- Seek services following domestic violence, harassment, sexual assault, or stalking
- Deal with a public health emergency in the workplace or at their child’s school
- Donate accrued sick time to another employee who meets the sick time usage requirements (if the employer has a policy allowing this)
Accrual rate and cap
Oregon employees accrue one hour of paid sick leave for every 30 hours worked. Or, employees accrue 1 and ⅓ hours per 40 days worked.
The maximum hours an employee can accrue per year is 40.
Waiting period
Although employees start accruing paid sick leave immediately, they must wait until they’ve worked at least 90 days to use it.
Carryover rules
Oregon employees can carry over 40 hours of unused paid sick leave from year to year. However, employers can cap an employee’s total accrued balance at 80 hours. Employers who front-load do not need to let employees carry over unused hours.
For more information
Check out Oregon’s state website for more information on paid sick leave.
Rhode Island paid sick leave
Rhode Island established the Health and Safe Families and Workplaces Act in July 2018.
Eligible employers
Employers with 18 or more employees must offer paid sick leave. If you’re a Rhode Island employer with fewer than 18 employees, provide unpaid sick leave.
Paid sick leave use
Employees can use paid sick leave for themselves or a family member to:
- Stay home when they are too sick to work
- Seek care when injured
- Attend a routine medical appointment
- Deal with the impact of domestic violence, sexual assault, or stalking
Accrual rate and cap
The accrual rate for paid sick leave in Rhode Island is one hour per 35 hours worked. Employees can earn up to 40 hours.
Waiting period
Although employees accrue paid sick leave immediately, employers can set a waiting period to use earned leave (e.g., 90 days for new employees).
Carryover rules
Employers must let employees carry over their unused paid sick leave. Or, employers can pay employees for their accrued time.
For more information
Go to Rhode Island’s state website for more information on paid sick leave laws.
Vermont paid sick leave
Vermont’s paid sick leave law went into effect in 2017.
Eligible employers
All Vermont employers must offer paid sick leave to their employees.
There are some exceptions to which employees are eligible for paid sick leave. For example, government employees and employees working an average of less than 18 hours per week cannot receive paid sick leave.
Paid sick leave use
Employees can use paid sick leave for themselves or a family member. Family members include children, parents, grandparents, spouses, or parents-in-law.
Workers can use paid sick leave for themselves or a family member to:
- Obtain health care or preventive care
- Travel to an appointment related to long-term care
- Address effects of domestic violence, sexual assault, or stalking
- Deal with workplace or school closures due to public health
Accrual rate and cap
Employees earn one hour of paid sick leave for every 52 hours worked in Vermont. Employers can set a usage cap of 40 hours.
Waiting period
Employees begin accruing paid sick leave on their first day of employment. Employers can either let employees use paid sick leave as it accrues or set a waiting period of up to one year.
Carryover rules
Employees who accrue paid sick leave can carry up to 40 hours from one year to the next.
Employers who give employees a lump sum of paid sick leave do not need to let employees carry it over.
For more information
Looking for more information? Go to Vermont’s state website for more on paid sick leave.
Washington paid sick leave
Washington’s paid sick leave law took effect January 2018. Are you a Washington state employer? If so, buckle up for the information below.
Eligible employers
All Washington employers must give their employees paid sick leave.
However, some employees may be exempt from paid sick leave.
Paid sick leave use
Employees can use paid sick leave for themselves or their family members to:
- Diagnose, care for, or treat a mental or physical illness, injury, or health condition
- Receive preventive medical care
- Take domestic violence leave
- Deal with a workplace, school, or place of care closure
Accrual rate and cap
Washington employees accrue one hour of paid sick leave per 40 hours worked. Employers cannot set an accrual cap.
Waiting period
Employees can use accrued paid sick leave 90 calendar days after starting work at a business.
Carryover rules
Washington employees can carry over up to 40 hours of paid sick leave from one year to the next.
For more information
Check out Washington’s state website for more information on paid sick leave.
Washington D.C. paid sick leave
Washington D.C.’s paid sick leave law is known as the Accrued Sick and Safe Leave Act of 2008.
Eligible employers
All employers, regardless of size, must provide paid sick leave to employees. However, employer size impacts the accrual rate and cap.
Paid sick leave use
Employees can use paid sick leave for themselves and family members for:
- Illness or medical appointments
- Absences associated with domestic violence or sexual abuse
Accrual rate and cap
Under Washington D.C.’s paid sick leave law, the accrual rate and annual cap depend on business size.
Employers with fewer than 25 employees: Employees accrue one hour per 87 hours worked. The maximum annual accrual is 24 hours.
Employers with 25 – 99 employees: Employees accrue one hour per 43 hours worked. The maximum annual accrual is 40 hours.
Employers with 100 or more employees: Employees accrue one hour per 37 hours worked. The maximum annual accrual is 56 hours.
Waiting period
Washington D.C. employees begin accruing paid sick leave when they start working at a business. Employees can use earned paid sick leave after 90 days of work.
Carryover rules
Employees can carry over their earned but unused paid sick leave from one year to the next.
For more information
For more information on Washington D.C.’s paid sick leave, check out their website.
Paid sick leave laws chart: State
Want critical information—like paid sick leave accrual rates—at the tip of your fingers? Take a look at our paid sick leave by state chart below for important laws by state.
| State | Eligible Employers | Accrual Rate | Annual Accrual Cap |
|---|---|---|---|
| Arizona | All employers | 1 hour / 30 worked | 24 hours (employers with fewer than 15 employees) 40 hours (employers with 15 or more employees) |
| California | All employers* | 1 hour / 30 worked | 80 hours (and a usage cap of 40 hours) |
| Colorado | All employers | 1 hour / 30 worked | 48 hours |
| Connecticut | Employers with 50 or more employees | 1 hour / 40 worked | 40 hours |
| Illinois—paid leave for any reason (coming soon) | All employers | 1 hour / 40 worked | 40 hours |
| Maine—paid leave for any reason | Employers with more than 10 employees | 1 hour / 40 worked | 40 hours |
| Maryland | Employers with 15 or more employees | 1 hour / 30 worked | 40 hours |
| Massachusetts | Employers with 11 or more employees | 1 hour / 30 worked | 40 hours |
| Michigan | Employers with 50 or more employees | 1 hour / 35 worked | 40 hours |
| Minnesota | All employers | 1 hour / 30 worked | 48 hours, carried over from year to year, until the employee reaches an 80-hour “bank” |
| Nevada—paid leave for any reason | Employers with 50 or more employees | 0.01923 hours / 1 hour worked | No stated cap |
| New Jersey | All employers | 1 hour / 30 worked | 40 hours |
| New Mexico | All employers | 1 hour / 30 worked | 64 hours |
| New York | All employers | 1 hour / 30 worked | 40 hours (employers with 5 – 99 employees) 56 hours (employers with 100 or more employees) |
| Oregon | Employers with 10 or more employees | 1 hour / 30 worked OR 1 ⅓ hours / 40 worked | 40 hours |
| Rhode Island | Employers with 18 or more employees | 1 hour / 35 worked | 40 hours |
| Vermont | All employers | 1 hour / 52 worked | 40 hours |
| Washington | All employers | 1 hour / 40 worked | No cap |
| Washington D.C. | All employers | 1 hour / 87 hours worked (employers with fewer than 25 employees) 1 hour / 43 hours worked (employers with 25 – 99 employees) 1 hour / 37 worked (employers with 100 or more employees) | 24 hours (employers with fewer than 25 employees) 40 hours (employers with 25 – 99 employees) 56 hours (employers with 100 or more employees) |
Mandatory sick leave by city and county
Some localities have mandatory sick leave laws in addition to or instead of state paid sick leave laws.
Cities and counties with mandatory sick leave laws include:
- Berkeley, California
- Emeryville, California
- Los Angeles, California
- Oakland, California
- San Diego, California
- San Francisco, California
- Santa Monica, California
- Chicago, Illinois
- Cook County, Illinois
- Montgomery County, Maryland
- Duluth, Minnesota
- Minneapolis, Minnesota
- St. Paul, Minnesota
- New York City, New York
- Westchester County, New York
- Philadelphia, Pennsylvania
- Pittsburgh, Pennsylvania
- Austin, Texas
- Dallas, Texas
- San Antonio, Texas
- Seattle, Washington
- Tacoma, Washington
As you can see, some of the cities above are located in states with paid sick leave laws. City and state laws may have different rules, like maximum accrual limits and which employers the law applies to.
If your business is in a city with both city and state paid leave laws, you must follow whichever is most generous to the employee.
For example, California’s mandatory sick leave law says that employees can accrue up to 40 hours of time off. However, San Francisco’s law says that employees can accrue up to 72 hours if they work for an employer with 10 or more employees.
Paid leave laws don’t apply to you? Not so fast…
If you don’t have to offer employees paid sick leave, you may not be completely off the hook. Depending on your business size, you might need to provide unpaid leave.
Under the Family and Medical Leave Act of 1993 (FMLA), employers with more than 50 employees must provide employees with up to 12 weeks of unpaid leave per year. Eligible employees can take parental leave or time to care for themselves or a family member with a serious health condition.
If state or city paid sick leave laws don’t apply to you, you can still offer the benefits to your employees. According to the Bureau of Labor Statistics, 78% of employees have access to paid sick leave benefits. This majority statistic shows that many employers voluntarily offer paid sick leave.
And even if the FMLA rules don’t apply to you and you don’t want to provide paid sick leave, you still need to be vigilant. Keep an eye out for new state, city, and county laws.
While we strive to keep the information in this article current, new laws may go into effect. If you think we missed a state, city, or county with paid sick leave, please email us at marketing@patriotsoftware.com.
This article has been updated from its original publication date of February 1, 2017.
This is not intended as legal advice; for more information, please click here.