Paid Sick Leave

Paid Sick Leave — The Definitive Guide

Across the United States, local, regional, and national employment laws are updated every month. Paid or Mandatory Sick Leave Laws are one of the most popular types of labor laws and are rapidly spreading across the United States. This page is a quick reference of states that have enacted Paid Sick, Safe, or Parental Leave Laws. Each state has a link to a more detailed article outlining the specific mandatory sick leave laws for that state.

Sick Leave Laws by State

Sick Leave Laws by State

Alabama

In 2016, Alabama passed a preemptive Sick Leave and Minimum Wage law that prohibits local cities and towns from passing individual employment laws. However, employers in Alabama may be required to provide leave in accordance with the Family Medical Leave Act (FMLA) or other Federal laws.

Alaska

Arizona

Arizona Sick Leave Law takes effect on July 1, 2017. All companies who have interstate commerce or that makes more than $500,000 in gross revenue a year are included in the law. Employees can earn between 24 hours and 40 hours of sick leave, depending on the size of their employer. Sick leave is earned at the rate of 1 hour for every 30 hours worked. Additionally, Arizona has a preemptive law that prohibits local towns and cities from passing additional sick leave laws and withholding funds for those that do.

Arkansas

In 2017, Arkansas passed a preemptive sick leave and minimum wage law that prevents any local government subdivision, i.e. any city, town, or county, from passing additional employment benefit laws above what Arkansas state requires. Specific benefits included in the laws include sick leave and minimum wage preemption.

California

California Healthy Workplaces, Healthy Families Act became effective in 2015. The sick leave law provides 1 hour of sick leave for every 30 hours worked. Employees can take up to 24 hours of sick or safe time each year. Additionally, there are other cities within California that have expanded sick leave laws.

Berkeley Paid Sick Leave Law goes into effect on October 1, 2017.  Although employees earn sick leave at the same rate as state law (1 hour for every 30 worked) the caps are different from state law. In addition, the Berkeley sick leave law doesn’t have a safety clause for victims of domestic violence or other abuse situations, although state law allows for those reasons.

Emeryville Sick Leave and Minimum Wage Law covers any employee who works in city limits at least 2 hours a week or more. Emeryville law provides different sick leave accrual rates depending on the size of the employer. Employees can earn up to either 48 or 72 hours of paid leave a year. Employees accrue sick leave at the rate of 1 hour for every 30 hours worked.

Los Angeles Minimum Wage and Sick Time Law updated March 2017. Employees of all business sizes are provided with paid sick leave. Employees earn 1 hour of sick leave for every 30 hours worked. Small businesses have a delayed schedule of the maximum sick leave awarded to employees. Employees can earn up to 72 hours of sick leave a year, but can be restricted to using 48 hours each year. Additionally, the law provides for front-loading by employers.

Oakland Paid Sick Leave Law is similar to the state law, employees earn 1 hour of sick leave for every 30 hours worked. However, there are some stark differences, including allowable uses, annual usage caps, and family member definitions between the Oakland law and State law.

San Diego’s Earned Sick Leave and Minimum Wage Ordinance raises minimum wage above state law and provides for more comprehensive sick leave benefits than state law. Employees earn sick leave at the rate of 1 hour for every 30 hours worked. If Front loaded, then sick leave usage can be capped at 40 hours a year, instead of the state usage cap of 24 hours. Otherwise accrual and usage is limited to 80 hours a year.

San Francisco’s Paid Sick Leave Ordinance was one of the first sick leave laws to be passed in 2007. The law was again updated in 2016 to better align with California State’s Sick Leave Law. Employees earn sick leave at the rate of 1 hour for every 30 hours worked. Accrual and sick leave usage can be limited to either 48 or 72 hours a year and is dependent on the size of the employer. San Francisco’s ordinance has specific clauses on how businesses can conform with both state law and the city’s ordinance.

Santa Monica Paid Sick Leave Ordinance went into effect January 1, 2017. It has similarities to the Los Angeles ordinance, and is stricter than the State of California Sick Leave Law. The new ordinance phases in sick leave and minimum wage in 2017 and again in 2018. Depending on employer size, over or under 25 employees, sick leave is accrued with separate annual caps. During phase 1, sick leave can be accrued up to either 32 or 40 hours in 2017. In 2018, employees will be able to accrue sick leave up to 40 or 72 hours a year. There are no caps on usage limits for employee use of sick leave.  Additionally, the law also provides for a higher minimum wage than state law requires.  

Colorado

Connecticut

Connecticut Sick Leave Law  was the first statewide sick leave law passed in the USA and was passed in 2012. Employees of large employers (50+ employees) earn 1 hour of sick leave for every 40 hours worked and can earn up to 40 hours a year. The law also defines specific employee classifications that are covered under the law including service workers, medical related workers, office workers, food and other workers. 

Delaware

District of Columbia

Washington DC Accrued Sick and Safe Leave Acapplies to all employees who spend at least 50% of their work time in D.C. Employees earn sick leave at various rates, based on the employer size. Employer size is broken into 3 tiers and the rate that employees earn sick leave and the maximum annual usage is based on the tiers the employer falls into. Sick leave can be earned at the rate of 1 hour for every 37, 43, and 87 worked. Also based on the employer size, employees can earn between 3 and 7 days of sick leave a year.

Florida

Georgia

Hawaii

Idaho

Illinois

Chicago Sick Leave Ordinance increased both minimum wage and provided sick leave to Chicago employees. Employees accrue 1 hour of sick leave for every 30 hours worked and can accrue up to 40 hours each year. Additional guidelines apply for businesses that fall under FMLA guidelines.

Cook County Sick Leave Ordinance was passed shortly after Chicago’s ordinance. The new ordinance goes into effect on July 1, 2017 and provides sick leave benefits and sick leave for employees. Employees accrue sick leave at the rate of 1 hour for every 40 hours worked. and can accrue up to 40 hours a year. Individual cities and towns within the county can opt out of the ordinance.  

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maine Sick Leave Law: Although Maine doesn’t have a specific sick leave law, there are several other laws that govern paid and unpaid leave. Those include the Domestic Violence Leave Law, a Military Family Leave Act, and a state Family Medical Leave Act. Domestic Violence Leave allows victims of domestic violence, or their family members to take time off to get help related to the violence. The Military Family Leave act provides leave when a family member is called into active duty with the military. The Family Medical Leave Act covers leave for family members when the employee is already provided leave by the employers.

Maryland

Maryland doesn’t have a statewide sick leave law, although Montgomery County does. However Maryland does have a Parental Leave Act that provides up to 6 weeks of unpaid parental leave to new parents. The Act targets employees of small employers who wouldn’t otherwise be covered under FMLA. In 2017 the House and Senate passed a mandatory sick leave bill that provides sick leave to all employees within the state. Because the governor has vowed to veto the bill, the final outcome of the new law is uncertain. 

Montgomery County Sick Leave provides leave to employees within Montgomery County. Employees earn a combination of paid and unpaid leave, depending on their employer size. Leave is earned at 1 hour for every 30 hours worked and can be capped at 56 hours a year.  

Massachusetts

Michigan

Minnesota

Minnesota doesn’t require paid sick leave to be given to employees, but does have a Sick Leave Act that governs the use of existing sick leave provided by employers. Furthermore, in 2017, lawmakers are looking at both a preemptive sick leave law that would void the Minneapolis and St Paul sick leave ordinances and a statewide sick leave law.

Minneapolis Earned Sick and Safe Time Ordinance provides sick leave employees of all employers with at least 6 employees or more. Sick leave is earned at 1 hour for every 30 hours worked and provides for illness and safety issues for employees and family members.

St Paul Earned Sick and Safe Time provides for two timelines for paid sick leave, depending on employer size. The final implementation of paid sick leave occurs on January 1, 2018. The St Paul family definitions are more comprehensive than Minneapolis’s family definitions. Accrual is earned 1 hour for every 30 hours worked and employees can earn up to 48 hours a year.

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

The State of New Jersey doesn’t have a statewide sick leave law. However there are currently 13 different local sick leave laws throughout New Jersey:

Bloomfield Earned Sick Leave started in 2015. Employees earn 1 hour of sick leave for every 30 hours worked. The annual cap is set at either 24 or 40 hours a year and depends on both the employees job function and the size of the employer. Safe time is not included for paid leave.

East Orange Sick Leave Ordinance went into effect in 2015. Employees earn 1 hour of sick leave for every 30 hours worked. Sick leave accrual is capped at between 24 and 40 hours of sick leave each year. The sick leave ordinance does not provide for any safe time uses for victims of domestic violence or other abuse.

Elizabeth Paid Sick Leave Ordinance started in 2016. The new ordinance provides sick leave for employees at the rate of 1 hour for every 30 hours worked. Employees cap out of sick leave at either 24 or 40 hours, depending on several factors. Safe time is not included in the ordinance.

Irvington Paid Sick Leave Ordinance took effect in 2015. Employees accrue sick leave at the rate of 1 hour for every 30 hours worked. Depending on the size of the business, employees can earn either 24 or 40 hours of sick leave. Safe time is not included in the ordinance.

Jersey City Paid Sick Leave Ordinance was recently updated to more closely mirror many of the other local sick leave ordinances in New Jersey. Employees earn 1 hour of sick leave for every 30 hours worked. Employees can earn up to 40 hours of sick leave, although part of it may be unpaid sick leave, depending on employer size. Safe time is not awarded in the ordinance.

Montclair Paid Sick Leave Ordinance went into effect in 2015. Employees earn 1 hour of sick leave for every 30 hours worked. Employees can earn up to 40 hours a year, but may be capped at 24 hours a year, depending on business size. Safe time is not provided for in the ordinance.

Morristown Paid Sick Leave Ordinance started in 2017 and allows employees to earn between 24 and 40 hours of paid sick leave each year. Employees earn sick leave at the rate of 1 hour for every 30 hours worked. Employees cannot use sick leave for safe time reasons.

Newark Paid Sick Leave Ordinance took effect in 2014. Employees earn 1 hour of sick leave for every 30 hours worked. Sick leave accrual is capped at between 24 and 40 hours of sick leave each year, depending on business size. The ordinance does not have any safe time provisions.

New Brunswick Sick and Safe Time Ordinance adds clarification that many other New Jersey Cities failed to address. These clarifications are vital for businesses seeking to be compliant with sick leave laws. Employees earn sick leave at the rate of 1 hour for every 30 hours worked and cap out of paid sick leave at either 24 or 40 hours a year. The sick leave caps are based differently than many of the other laws. Further, very small employers are exempt from providing sick leave. Safe time is included in the ordinance for victims of domestic violence, sexual assault, and stalking.

Passaic Paid Sick Leave Law went into effect in 2015. Employees are able to earn sick leave at the rate of 1 hour for every 30 hours worked. Sick leave is capped out at either 24 or 40 hours a year and is based on the employee’s occupation and the size of the business. Safe time is not provided for in the ordinance.

Paterson Paid Sick Time Ordinance took effect in 2015. Employees earn 1 hour of paid sick leave for every 30 hours worked. Depending on the employer size and the employee’s job role, employees can earn either 24 or 40 hours of paid sick leave a year. Safe time is not included.

Plainfield Paid Sick Leave Law started in 2016. Employees earn 1 hour of sick leave for every 30 hours worked and can accrue up to 40 hours of sick leave each year. The accrual caps are determined by several factors. Sick leave time does not apply to safety reasons for victims of abuse.

Trenton Paid Sick Leave Law started in 2015. Nearly identical to some of the other laws in New Jersey, Trenton employees earn 1 hour of paid sick leave for every 30 hours worked. Sick leave is capped at either 24 or 40 hours each year, but does not include safe time for abuse victims.

New Mexico

New York

New York State Paid Family Leave Law  is set to go into effect at the beginning of 2018. When it’s fully phased in, Paid Family Leave will provide up to 12 weeks of paid leave for employees who need to take a leave due to family issues. Employees will have to be employed with the same employer for 26 weeks before becoming eligible.

New York City Earned Sick Time Act provides 1 hour of sick leave for every 30 hours worked. Employees can earn up to 40 hours of sick leave in a year. Domestic workers are also able to earn sick leave, up to 2 days a year.  

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Oregon Protected Leave Act provides sick leave to all the employees throughout the state. Employees earn sick leave at the rate of 1 hour for every 30 hours worked. Employees can earn up to 40 hours a year of paid sick leave.

Eugene Sick Leave Law was repealed after the passing of the Oregon Sick Leave Act

Portland Sick Leave Law was incorporated into the Oregon Law. Portland employees have special rules that don’t apply to the rest of the state’s employees. Portland businesses must provide paid and unpaid employees based on the size of the employer.

Pennsylvania

Philadelphia Sick Leave Law provides employees with 1 hour of sick leave for every 40 hours worked. Employees can earn up to 40 hours a year. Sick leave can be used for sick and safe time reasons.

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Vermont Sick Leave Law provides up to 24 hours of paid sick leave for employees. In 2019, employees will be able to earn up to 40 hours of sick leave. Employees earn sick leave at the rate of 1 hour for every 52 hours worked.

Virginia

Washington

Washington State passed a new Paid Sick Leave Ordinance that goes into effect on Jan 1, 2018. The new law has many parts that still need to be defined during 2017 and final rule-making is occurring now.

SeaTac Paid Sick Leave Ordinance for Hospitality and Transportation Workers was found to cover airport employees in Federal Court. The law provides 1 hour of sick leave for every 40 hours worked. There is no cap on the hours of sick leave pay that employees pay and employers are required to pay out the sick leave at the end of the year in a lump payment.

Seattle Paid Sick and Safe Time Ordinance provides paid sick leave of between 40 and 72 hours a year. The amount of sick leave depends on the employer size. Employees earn sick leave at the rate of 1 hour of sick leave for every 40 hours worked. Employees of large employers earn sick leave at the rate of 1 hour of sick leave for every 30 hours worked.

Spokane Earned Sick and Safe Leave Ordinance provides sick leave for any employee who works in city limits for at least 240 hours a year. Employees earn sick leave at the rate of 1 hour for every 40 hours worked. Sick leave can be earned up to either 24 or 40 hours a year, depending on the size of the employer. Recent updates have expanded the sick leave coverage. Spokane has recently added a sunset clause to their sick leave ordinance that ends the local sick leave coverage as the Washington State coverage starts.

Tacoma Paid Leave Ordinance provides sick and safe leave to employees at the rate of 1 hour for every 40 hours worked. Employees can earn up to 24 hours of sick leave in a year.

West Virginia

Wisconsin

Wyoming