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      Paid Sick Leave

      Overview

      This topic provides an overview of the current and future laws within states, counties, and cities that generally require non-governmental contractor private employers to allow employees to accrue and use paid sick leave (PSL) and/or paid time off (PTO).

      Certain exceptions and industry-specific minimum wage standards are not included in this report. In localities that have their own law, make sure to still carefully review any applicable state law. Provisions within the state law will apply when the local law is silent on the provision or if the provision is less stringent under local law. Please seek the advice of experienced employment counsel for any questions about potential conflicts in state and local law.

      Questions Answered

      • What employers are covered by paid sick leave requirements?
      • What employees are covered for paid sick leave?
      • Which relations are covered under paid sick leave?
      • When can paid sick leave be used?
      • Can paid sick leave be used incrementally?
      • What paid sick leave uses are covered by regulations?
      • What paid sick leave uses are covered by regulations?
      • What documentation or verification is required for paid sick leave?
      • When does accrual of paid sick time begin?
      • What accrual, carry over, and use regulations apply to paid sick leave?
      • What is the definition of year in regards to paid sick leave?
      • Can employers avoid carryover by frontloading?
      • Can vacation and/or PTO be used to comply with paid sick leave law?
      • How should sick leave be paid?
      • What are the required paid sick leave notices and postings?
      • How should paid sick time and earnings be recorded on wage statements?
      • What are the paid sick policy and handbook requirements?
      • What agency enforces paid sick leave compliance?
      • Is payout of accrued paid sick time required at the end of employment?

      Additional Information

      Note regarding California: The California Healthy Workplaces Healthy Families Act (HWHFA) (eff. Jan 1, 2024) preempts local laws “to the contrary” concerning the following issues:

      • Advancing leave
      • Notice employees must provide to take leave
      • Rate of pay and when leave must be paid
      • Paystub notifications
      • Unused leave when employment ends and reinstatement of leave for rehired employees

      When enacting the HWHFA, the legislature declared that establishing a “uniform statewide regulation on certain aspects of paid sick leave” should be a matter of statewide, not local, concern. However, neither the law nor any state-level administrative guidance addresses what it means for a local law to be “to the contrary” of state law or to what extent the HWHFA establishes a “uniform statewide regulation of certain aspects of paid sick leave.” Some local agencies have weighed in, but cities and counties do not determine what state law means.

      It is therefore important for employers to analyze both state and local law when drafting or editing a policy or applying the law to an existing policy. In most situations under employment law, the lowest risk approach is to ensure an outcome under applicable law that provides the most favorable outcome to the employee. However, that may not actually be the case here - the state is intending to apply a uniform standard across the state and may find that application of the local provision is incorrect even if on its face it is more generous to the employee. Also, the type of leave the employer’s policy offers and an employee’s specific situation may impact the best course of action.

      This topic does not cover:

      • Non-required, employer-provided sick and other leave types (paid or unpaid)
      • A detailed discussion about the interplay between mandatory leave law that is detailed and other federal, state, and local leave laws (e.g., FMLA, Kin Care, Domestic Violence/Crime Victims’ Leave)
      • Laws applicable to government contractors (e.g., San Francisco, Philadelphia, Federal Executive Order 13706)
      • Industry-specific provisions, laws, or less common exceptions (e.g., Los Angeles hotel or SeaTac hotel/transportation, information regarding domestic workers)
      • Paid Family Leave Insurance (e.g., California Paid Family Leave, D.C. Universal Paid Leave, New York Paid Family Leave Benefits)
      • Wage replacement benefits (government- or employer-provided) or any government financial assistance program that requires recipient-businesses to provide paid leave benefits to their employees
      • Public employers and employees
      • Laws prohibiting local governments from enacting leave laws applicable to private employers that exceed state or federal requirements (e.g., paid sick leave)

      There is not a generally applicable federal law that requires all private employers to provide employees with job-protected paid sick leave and/or paid time off. However, certain federal government contractors might have such an obligation.