A growing number of states and local jurisdictions are requiring employers to provide paid sick leave to employees. The rapid increase in these laws can be especially challenging for employers who operate in several jurisdictions and are subject to multiple laws with differing requirements. To help you navigate this area, here are the answers to the most common questions about paid sick leave laws.
Q: Where is paid sick leave required?
A: Currently, the following 15 states and the District of Columbia require (or will soon require) employers to provide paid sick leave to employees. And as noted in the chart below, some of these laws permit small employers (as defined by each law) to provide unpaid sick leave instead.
Numerous local jurisdictions also have paid sick leave requirements, which we have noted below as well.
States and the District of Columbia
State |
Which employers must provide paid sick leave? |
Arizona |
All employers |
California |
All employers |
Colorado |
All employers |
Connecticut |
Employers with more than 50 employees must provide paid sick leave to "service employees." |
District of Columbia |
All employers |
Maryland |
Employers with 15 or more employees must provide paid sick leave. Smaller employers must provide sick leave, but it may be unpaid. |
Massachusetts |
Employers with more than 10 employees must provide paid sick leave. Smaller employers must provide sick leave, but it may be unpaid. |
Michigan |
Employers with 50 or more employees must provide paid medical leave. |
Minnesota (effective January 1, 2024) |
All employers |
New Jersey |
All employers |
New Mexico |
All employers |
New York |
Employers with five or more employees or a net income of more than $1 million must provide paid sick leave. Other New York employers must provide sick leave, but it may be unpaid. |
Oregon |
Employers with 10 or more employees (six or more if they have a location in Portland) must provide paid sick leave. Smaller employers must provide sick leave, but it may be unpaid. |
Rhode Island |
Employers with 18 or more employees must provide paid sick leave. Smaller employers must provide sick leave, but it may be unpaid. |
Vermont |
All employers |
Washington |
All employers |
A few states have enacted laws that entitle employees to paid time off for any reason, including illness. These states include:
State |
Which employers must provide paid leave? |
Illinois (effective January 1, 2024) |
All employers must provide paid leave that employees can use for any purpose, unless the employer is covered by a municipal or county ordinance that is in effect on January 1, 2024 that requires employers to give any form of paid leave to their employees, including paid sick leave. |
Maine |
Employers with 10 or more employees must provide paid leave that employees can use for any purpose. |
Nevada |
Employers with 50 or more employees must provide paid leave that employees can use for any purpose. |
Local jurisdictions
The following local jurisdictions have also enacted paid sick leave requirements. If your business or employees are located in one of these areas, check the law for information on employer coverage and other details.
- Chicago
- Cook County, Illinois
- California cities: Berkeley, Emeryville, Oakland, San Francisco, Santa Monica, San Diego, Long Beach (hotels with 100 or more rooms), Los Angeles and West Hollywood
- Minnesota cities: Bloomington, Duluth, Minneapolis and St. Paul
- Montgomery County, Maryland
- New York City
- Pennsylvania cities and county: Philadelphia and Pittsburgh, and Allegheny County
- Washington cities: Seattle, Tacoma and SeaTac (hospitality and transportation industries)
Q: What types of absences are covered by paid sick leave laws?
A: It varies by jurisdiction, but these laws generally cover absences for the employee's or a family member's mental or physical illness, medical diagnosis, or preventative care.
Many also cover absences related to seeking assistance following domestic violence, sexual assault or stalking. Some cover closure of the employee’s workplace due to weather or public emergency, or closure of a family member’s school or care facility due to weather or public emergency.
Some cover other types of absences as well. Check your applicable law for details on what leave is covered and how "family member" is defined.
Q: How much leave must be provided?
A: The amount of leave employees are entitled to accrue and use differs among jurisdictions. Most laws use an accrual formula of one hour of sick leave for a certain number of hours worked, such as one hour for every 30 hours worked.
Some allow employers to have caps on the number of hours an employee may accrue and/or use in a year.
Q: How much do I have to pay employees when they are out on sick leave?
A: These laws generally require employers to compensate sick leave at the employee's normal rate of pay. Generally, there are specific rules for determining the employee's "normal rate of pay" for the purposes of sick leave.
Q: What happens if employees don't use all of their sick leave by the end of the year? Do I have to carryover the unused sick leave to the following year?
A: These laws generally entitle employees to carryover unused sick leave to the following year. However, many laws have a cap on the number of hours employees can carryover.
Q: My state requires me to provide paid sick leave to employees, but I already provide Paid Time Off (PTO). Do I need a stand-alone paid sick leave policy?
A: Under many of the paid sick leave laws, if you have a PTO policy, you generally don't have to provide additional paid sick days to employees if the policy:
- Allows employees to use the same amount of leave for the same purposes and under the same conditions as required by the sick leave law; and
- Satisfies the accrual, carryover, use and other requirements of the sick leave law.
A single PTO policy can be an attractive option for employers that are subject to multiple paid sick leave laws, as long as it meets or exceeds the requirements of the most generous paid sick leave law.
Q: Do I have to pay employees for unused sick leave when they leave my company?
A: Most sick leave laws don't require that employers pay for accrued unused sick leave when an employee leaves the company. However, some states, such as California, require employers to pay out all unused PTO at the time of separation. So if you bundle sick leave and PTO into one PTO/vacation policy, you would need to payout unused sick leave as it would be considered part of the employee’s PTO.
Q: What happens if both a state and local sick leave law apply to my employees?
A: You will have to coordinate compliance with both laws. Generally, where the laws conflict, the provision that is more generous to the employee applies. For example, the cities of Bloomington, Duluth, Minneapolis and St. Paul in Minnesota already have paid sick leave requirements. When Minnesota’s paid sick leave law goes into effect January 1, 2024, employers must follow the most protective law that applies to their employees.
Review the differences of each law and provide your employees with the greatest protection called for in each provision of the law.
Q: Can I require employees to provide notice of their need to use sick leave?
A: Under many of these laws, employers may require employees to provide reasonable notice when the employee's need for leave is foreseeable, but employers may have different definitions of what is considered reasonable. If the need for leave is unforeseeable, employers may generally require employees to provide notice as soon as practical or to follow the employer's regular procedures for reporting other unscheduled absences (such as calling their supervisor before their shift starts). All notice requirements must comply with the applicable law and should be communicated to employees in a written policy.
Q: Are employees entitled to their job at the end of the leave?
A: These laws generally require employers to reinstate employees to the position they held before the start of the leave, or to a comparable/equivalent position (with equivalent seniority, benefits, pay, and terms and conditions of employment).
Q: My company is located in a state that doesn't require paid sick leave, but I have employees who work in a state that does. Am I required to provide these employees with sick leave?
A: Coverage under many state and local paid sick leave laws is generally based on where the employee works. Therefore, these laws may apply to you if you have employees working in a covered jurisdiction, even if your business is located elsewhere. Check your applicable law to confirm which requirements apply to your business.
Conclusion
Employers subject to paid sick leave requirements should review applicable rules carefully to make sure their sick leave programs comply. Even in the absence of a requirement to provide paid sick leave to employees, many employers choose to do so to encourage sick workers to stay home and to help prevent the spread of illness in the workplace.
Vacation vs. paid sick leave vs. PTO: What are the differences?
A growing number of states and local jurisdictions are passing laws requiring employers to provide paid leave to employees. The changes are occurring so frequently it can be hard to keep up with what’s required and what’s not. In this podcast, we’ll answer questions on vacation, paid sick leave and paid time off.