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State Mandated Paid Sick Leave

What is Paid Sick Leave?

Paid sick leave is time off from work due to the employee’s personal illness or for a family member. Paid Sick Leave gives the employee the same wage as if they worked for the day. There is no Federal law requiring paid sick leave. Some states, counties and cities have sick leave laws that require the employer to give employees paid sick leave. Some of these laws allow paid sick leave for the employee to take care of a sick family member, to go to medical appointments or to handle needs related to domestic violence or sexual assault.

Some employers do not offer any paid sick leave but instead let the employee take the time off of work if they are sick. The employee does not get paid for that time off of work or they may require the employee to make up the time.

State Mandated Paid Sick Leave

Connecticut was the first state to require employers to provide paid sick leave to their employees in 2012. Since then six other states have also followed to implement Paid Sick leave laws. The District of Columbia (DC) also has a paid sick leave law since 2008.

OnTheClock.com has compiled a list of the states that have a paid sick leave law. They consist of the following States. Connecticut, California, Massachusetts, Oregon, Vermont, Arizona and Washington; we added the District of Columbia even though it is not a State. These are currently the only states that have a statewide Paid Sick leave law that we know about. There may be more states enacting the law in the future. If you know of any others that we have not listed, let us know so we can add them to the list. There are Counties and Cities that have also enacted Paid Sick Leave laws and those will be in another post in the future.

The following chart is a synopsis and does not go into great detail on each law. We do have a link that goes to that government’s page where you can find more detailed information. It is the employer’s responsibility to know their state’s requirements on paid sick leave.

 

State

Employees Covered

Summary

Connecticut

Connecticut Sick Leave Law

Effective January 1, 2012.

Non-exempt part-time and full-time service workers who work at employers with 50 or more employees are entitled to Paid Sick leave.

Employees will accrue 1 hour of paid sick leave for every 40 hours worked. Accrual is capped at 40 hours per calendar year. Under the current law, an employer must provide paid sick leave if it has employed fifty (50) or more employees in the state during any one quarter in the previous year, which is determined each year on January 1.

Exempt employers include manufacturers and nonprofits. Employees will accrue one hour of paid sick leave for every 40 hours worked during whatever 365-day period the employer uses to calculate employee benefits. 

California

California Sick Leave Law

Effective July 1, 2015.

Employees are entitled to Paid Sick leave when they work for the same employer for at least 30 days within a year in California and satisfy a 90 day employment period before taking any sick leave.

Employees, including part-time, full-time and temporary employees, will earn at least 1 hour of paid leave for every 30 hours worked. An employer may limit the amount of paid sick leave an employee can use in one year to 24 hours or 3 days. Accrued paid sick leave may be carried over to the next year, but it may be capped at 48 hours or 6 days. 

Employers do not need to pay out accrued sick leave when an employee leaves the company. A few specific types of employees are not eligible to receive paid sick leave, including certain employees covered by collective bargaining agreements, certain individuals employed by air carriers, and employees of the California In-Home Supportive Services Program. 

Massachusetts

Massachusetts Earned Sick Time Law

Effective July 1, 2015.

Employees begin accruing Sick Leave on the date of hire. But employees shall not be entitled to use accrued earned sick time until the 90th calendar day following the commencement of their employment.

Employees can earn one hour of paid sick leave for every 30 hours worked, to be capped at 40 days of leave per calendar year Small employers with 10 or fewer workers won't have to provide paid sick leave, but their employees could earn and use up to 40 hours of unpaid sick.

Does not apply to city or town employees. 

Oregon

Oregon Sick Leave Law

Effective January 1, 2016.

Accrual begins at commencement of employment; accrued hours may be used 91 days after commencement of employment.

Employees are entitled to 40 hours of paid sick time per year.

This does NOT include employees who receive paid sick time under federal law, independent contractors, a participant in a work training program administered under a state or federal assistance program, a participant in a work-study program, railroad workers exempt under the federal Railroad Unemployment Insurance Act, and individuals employed by that individual’s parent, spouse, or child.

Employees whose place of business has 10 or more employees (six or more employees if employer is in a city with population above 500k, so that Portland’s law remains in effect) accrue one hour of paid sick time for every 30 hours worked, and can accrue and use up to 40 hours. All others receive equivalent unpaid time. Covers sick time for employee or family members’ care, for Oregon family leave purposes, for reasons related to a public health emergency and for absences associated with employee or minor child/dependent’s domestic violence, sexual harassment, assault or stalking.

Employers that employ fewer than 10 employees (6 if the employer has operations in Portland) must provide up to 40 hours of unpaid sick time. Employees accrue 1 hour of sick time for every 30 hours worked or 1-1/3 hours for every 40 hours worked.

Workers begin earning sick time as soon as they are hired but will have to wait 90 calendar days until they are able to use the leave. Employees may carry over unused sick time up to 40 hours a year. A covered employer is as any person or entity that employs one or more employees working anywhere in the state of Oregon. This includes any employer located in the City of Portland but does not include the Federal Government.

Vermont

Vermont Earned Sick Time Rules

Effective January 1, 2017.

Not all employees are subject. There are limited exemptions for certain types of employees as well as for certain seasonal and part time employees.

Employees accrue one hour of paid sick time for every 52 hours worked, including overtime, and can accrue or use up to 24 hours in 2017 and 2018, and 40 hours in 2019 and following years. Employees in small businesses begin to accrue and use time in 2018.

Covers sick time for employee or family members’ care (including long- term care appointments for parent, grandparent, and spouse or parent in-law), absences associated with employee or family member’s domestic violence, sexual assault or stalking, and closures for public health or safety reasons.

Arizona

Arizona Sick Leave Law

Effective July 1, 2017.

The Fair Wages and Healthy Families Act does not apply to any person who is employed by a parent or a sibling; any person who is employed performing babysitting services in the employer’s home on a casual basis; or any person employed by the State of Arizona or the United States government.

Employees are entitled to earned paid sick time and accrue a minimum of one hour of earned paid sick time for every 30 hours worked, subject to the following limitations:

 Employees whose employers have less than 15 employees may only accrue or use 24 hours of earned paid sick time per year.

Employees whose employers have 15 or more employees may only accrue or use 40 hours of earned paid sick time per year. Employers are permitted to select higher accrual and use limits.

Paid Sick Time may be used for the following purposes: 1) Medical care, Mental or Physical illness, injury or Health condition; 2) A public health emergency; 3) Absence due to domestic violence, abuse or stalking. Employees may use paid sick time for themselves or for family members.

Washington

Washington Paid Sick Leave

Effective January 1, 2018.

Employers in Washington will be required to provide their employees with paid sick leave.

Accrual

Paid sick leave shall accrue at a minimum rate of one hour of paid sick leave for every 40 hours worked as an employee. An employee is entitled to use accrued paid sick leave beginning on the 90th calendar day after the start of employment.

Unused paid sick leave of 40 hours or less must be carried over to the following year. Employers are allowed to provide employees with more generous carry over and accrual policies.

Usage

Employees may use paid sick leave to care for themselves or a family member. An employee may use paid sick leave when the employee's work or the employee's child's school or place of care has been closed by order of a public official for any health-related reason. An employee may use paid sick leave for absences that qualify for leave under the state's Domestic Violence Leave Act.

Employers are not prevented from allowing employees to use paid sick leave for additional purposes.

Rulemaking for paid sick leave

In 2017, Labor & Industries will develop rules to enforce this new requirement. The rules will include procedures for notification to employees and reporting regarding sick leave, and protecting employees from retaliation for the lawful use of sick leave. The rulemaking process will include opportunities for public comment, including public hearings.

District Of Columbia (Washington DC)

D.C.’s Accrued Sick and Safe Leave Act of 2008

Effective May 13, 2008.

Entitles full time, part time, temporary and contract employees paid sick leave. Employees begin accruing sick leave on their hire date and may begin using it after 90 days.

Employees who work for an employer with 100 or more employees will accrue 1 hour of paid sick leave for every 37 hours worked, capped at 7 days per year. Employees working for an employer with 25 to 99 employees will accrue 1 hour of paid sick leave for every 43 hours worked, capped at 5 days per year. Employees working for an employer with 24 or less employees will accrue 1 hour of paid leave for every 87 hours worked, capped at 3 days per year.

D.C.’s sick leave law excludes certain workers, such as independent contractors, students & health care workers who choose to participate in a premium pay program, or construction workers who are covered by a bona fide collective bargaining agreement that clearly waives the paid leave requirements.

 

How OnTheClock.com handles Paid Sick Leave 

 In our Help pages we have explained how to handle the Paid Sick Leave. You can view the page at this link:  

OnTheClock State Required Paid Sick Leave

 

References: 

Portions of the previous synopsis have been copied directly from the specified law to keep it as accurate as possible. Below are our references.

Connecticut Sick Leave Law                              

http://www.ctdol.state.ct.us/wgwkstnd/SickLeaveLaw.htm

 

California Sick Leave Law   

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB3

 

Massachusetts Earned Sick Time Law

http://www.mass.gov/ago/docs/government/earned-sick-time-law.pdf

 

Oregon Sick Leave Law

https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB454/B-Engrossed

 

Vermont Earned Sick Time Rules

http://labor.vermont.gov/wordpress/wp-content/uploads/Earned-Sick-Time-Rules.pdf

 

Arizona Sick Leave Law

https://www.azica.gov/sites/default/files/AZ%20Earned%20Paid%20Sick%20Time%20Poster%202017.pdf

 

Washington Paid Sick Leave

http://www.lni.wa.gov/WorkplaceRights/Wages/Minimum/1443.asp

  

D.C.’s Accrued Sick and Safe Leave Act of 2008

https://does.dc.gov/publication/accrued-sick-and-safe-leave-act-2008

  

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