Understanding sick time laws

Before breaking down paid sick leave by state and district, consider the components of sick leave: 

• Sick leave pay usage: Paid sick leave allows employees to take time off for medical care without losing pay. Qualifying reasons for sick pay vary by state. 
• Sick time accrual: Paid sick leave laws generally use an accrual method, meaning employees earn sick time when they work. 
• Waiting period: New employees are often unable to use accrued sick time right away. Some sick time laws enforce a waiting period that begins on the employee’s hire date. 
• Exempt and eligible employers: Some states offer temporary or permanent exemptions to accommodate specific industries or help businesses ease into the sick leave program.

Sick leave pay laws by state

Sick leave laws can be complex and require a thorough understanding to maintain compliance. If your business operates in any of these areas, consider researching further to determine how to craft your sick leave policy. 

1. Arizona

Under the Fair Wages and Healthy Families Act, all Arizona employers must typically provide sick leave pay for employees. The maximum accrual limit depends on a company’s size. Employees in Arizona accrue one hour of paid sick leave per 30 hours of work, but those who work at a business with fewer than 15 employees can’t use over 24 hours of paid sick leave per year. In larger businesses, employees can’t use over 40 hours of sick leave pay per year.

Employees begin accruing sick time when they start working, but employers may institute a 90-day waiting period for new hires. By default, employers must allow their employees to carry over sick time from one year to the next, but employers providing access to the full PTO amount when the calendar year starts aren’t subject to this requirement. Arizona employees can use their sick leave for mental and physical health conditions and caring for family members.

2. California

Since California implemented its paid sick leave law in 2015, all employers must provide paid sick leave to employees after 30 days of employment. Once an employee has worked for 90 days, they can begin using accrued sick time. Sick leave is earned at one hour per 30 hours of work, and employers can limit maximum accrual and usage. An employer may limit employees to accruing 40 hours of paid sick leave per year or five business days, but they must allow workers to carry over accrued sick time with a cap of 80 hours or 10 days.

Air carriers are exempt from state sick leave time requirements. Other employers can exempt themselves from state-mandated paid sick leave by forming a collective bargaining agreement with their workforce. California workers can generally use sick leave when they or their family members need medical care. The benefit covers medical treatment, preventive care and mental recuperation after various traumatic events. 

3. Colorado

Colorado businesses with 16 employees or more are required to provide paid sick leave. Workers accrue one hour of sick time per 30 hours of work, and they may use the time as soon as they earn it. Employers can cap accrual at 48 hours, and employees may carry over accrued hours up to this maximum from year to year. Colorado paid sick leave can typically be used for personal health reasons, public health emergencies and recovery from traumatic events.

4. Connecticut

In 2012, Connecticut created the first state-level sick leave law in the United States, which applies to employers with 50 or more employees. Employees who work an average of less than 10 hours per week are typically not eligible for sick leave. Eligible employees may use their accrued sick leave after 85 days from the time of employment. The accrual rate is one hour of sick time per 40 hours of work, and the annual carry-over limit is 40 hours.

Connecticut’s paid sick leave benefit can be used for personal health problems and those of the employee’s spouse and children. Employees may use their sick time for an illness, medical treatment, preventive medical care, mental illness and when recuperating from domestic violence or sexual assault. 

5. Illinois 

Illinois employees earn one hour of paid leave for every 40 hours worked, which they can begin using after 90 days of employment. In Chicago, professionals can carry over half of their unused sick leave from one year to the next, up to 20 hours. If they’re eligible for FMLA, they may carry over an extra 40 hours for FMLA leaves. 

6. Maine

Maine employers with at least 10 employees who work more than 120 hours annually must typically offer earned paid leave. Seasonal workers usually don’t factor into this figure. Employees may use their paid leave for any reason, and employers can only deny a request with proof of undue hardship. Employees earn one hour of paid leave per 40 hours worked and may accrue up to 40 hours of sick leave annually. Employees begin accruing sick time immediately when hired, but they may only use it after working 120 days with an employer. 

7. Maryland

Employers with more than 15 employees must offer paid sick leave in Maryland. Employees earn one hour of sick leave per 30 hours of work, but employers may limit accrual to 40 hours per year and cap accrued sick time at 64 hours. Employees can typically begin using their paid sick leave after 106 days of employment.

Maryland employees can use their paid sick time personally or when caring for family members. The benefit generally covers injuries and medical conditions, preventive care and other services. Workers may also typically use their sick time for parental leave. 

8. Massachusetts

Massachusetts employers with more than 10 employees must provide paid sick leave. Those with fewer than 11 employees must provide unpaid sick leave, except in cases where employees are exempt from the benefit, such as government workers.

Employees earn one hour of paid sick leave per 30 hours of work up to a maximum of 40 hours per year and may carry over that amount from one year to the next. However, the carry-over doesn’t apply if an employee receives earned sick leave in a lump sum allocation. While employees begin earning sick leave the first day they work, they can’t use it until after their 90th day of employment. 

9. Michigan

Michigan’s Paid Medical Leave Act mandates that employers with more than 49 employees provide paid sick leave to those who work at least 25 hours per week for at least half the year and whose primary working location is in-state. Employers can offer sick time as a lump sum at the beginning of the year or allow employees to carry it over from year to year. Employees earn sick time at a rate of one hour per 35 hours of work, up to an annual cap of 40 hours. 

10. Nevada

Businesses operating in Nevada for more than two years with 50 or more employees must grant 0.01923 hours of paid leave per hour of work. Employees must wait until the 90th day of employment to use their leave, and employers can cap the number of hours carried over at 40. 

11. New Jersey

New Jersey law requires all employers to provide one hour of paid sick leave per 30 hours of work. Employees can accrue up to 40 hours of sick time annually, which they may carry over from year to year. They begin earning sick time immediately but can only use it once they’ve been with their current employer for 120 days.

This law covers care for the employee and their family members for medical diagnosis, treatment and preventive care and other services. Employees in New Jersey may also use sick time for children’s school-related functions and workplace closures related to public emergencies. 

12. New Mexico 

All private employers in New Mexico must generally provide one hour of sick pay for every 30 hours worked. Employees can accrue up to 64 hours of paid sick leave per 12-month period and can carry over unused leave from one year to the next. 

13. New York

New York employees typically earn one hour of paid sick leave per 30 hours of work for themselves or family members, and there’s no waiting period. Companies must offer sick pay if they have five or more employees or a net income of over $1 million. New York accrual caps vary based on company size: 

• More than 100 employees: Up to 56 hours 
• Five to 99 employees: Up to 40 hours 
• Four or fewer employees with a net income of over $1 million: Up to 40 hours 
• Four or fewer employees with a net income of $1 million or less: Up to 40 hours without pay 

14. Oregon

In Oregon, employers with more than 10 employees must provide paid sick time, except in Portland, where the law applies to businesses with at least six employees. Exempt businesses must allow their workers unpaid sick time.

Employees accrue sick leave at a rate of one hour per 30 hours worked and can begin using it after their 90th day of employment. The annual accrual cap and carry over allowance is 40 hours. However, employers may establish an 80-hour cap on accrued sick time. 

Oregon employees can use their paid sick leave to care for themselves or a family member. The law also allows sick leave pay to care for a newborn or infant, and employees may donate their sick time to a coworker if company policy allows it.

15. Rhode Island

Rhode Island employers with 18 or more employees must provide paid sick leave. Employees accrue sick leave at a rate of one hour per 35 hours of work up to a cap of 40 hours and may begin using their sick time after 90 days of employment. If Rhode Island employers let employees carry over sick time, they must pay workers for unused sick leave. 

16. Vermont

Employers in Vermont must offer paid sick time to their employees, except those working fewer than 18 hours per week. An employee accrues one hour of paid sick leave for every 52 hours of work, up to an employer-optional cap of 40 hours. They can carry over 40 hours of leave unless the company offers paid sick leave in a lump sum.

17. Washington

Washington’s paid sick leave law requires employers to offer paid sick time, except for specific employees with exemptions. Eligible employees earn one hour of paid sick leave per 40 hours of work, with no accrual cap, and may carry over up to 40 hours into the following year. While employees begin earning sick leave immediately, they typically can’t use it until they’ve been with a company for 90 days. 

18. Washington, D.C.

All employers in Washington, D.C. must provide sick leave pay in accordance with the Accrued Sick and Safe Leave Act of 2008. The law defines three tiers of paid sick leave requirements depending on the number of people a company employs. These requirements include: 

• Fewer than 25 employees: One hour of paid sick leave per 87 hours of work, with an annual accrual limit of 3 days per calendar year
• 25 to 99 employees: One hour of paid sick time per 43 hours of work, with an annual accrual limit of 5 days per calendar year
• More than 99 employees: One hour of paid sick leave per 37 hours of work, with an annual accrual limit of 7 days per calendar year

Washington, D.C. employees may carry over their unused sick time from year to year. They may use their time personally or to care for family members. 

Frequently asked questions about paid sick leave 

How do I create a sick leave policy? 

Before crafting your company’s sick leave policy, you might familiarize yourself with paid sick leave laws in your area. From there, you can determine the details of your policy in adherence with state laws, including how many paid sick days you should provide and whether sick time accrues hourly or monthly. Similar to creating a paid time off policy, it may be useful to get feedback from an attorney or HR representative before communicating the policy to your staff. 

How do paid sick leave laws differ from FMLA? 

The Family and Medical Leave Act (FMLA) offers workers up to 12 weeks of leave to address certain medical situations, such as the birth of a child or to care for a family member with a serious health concern. Unlike sick leave laws, FMLA is a federal policy. However, it only grants professionals leave without pay. 

If an employee quits, am I required to pay them for unused sick time?

The answer to this question generally depends on where your business operates. Some states require companies to pay out sick time, while others leave the decision to the employer.