will my work pay me sick pay

An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.

Separately, Labor Code section 233 (commonly referred to as the “Kin Care” law) requires an employer to allow an employee to use accrued and “available” sick leave (which is the amount that would accrue during a six month period) for the purposes specified in the paid sick leave law. Labor Code section 234 provides that “[a]n employer absence control policy that counts sick leave taken pursuant to Section 233 as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation of Section 233.”

This means, in general terms, that if an employee has accrued sick days available, an employer may not deny the employee the right to use those accrued paid sick days, including the right to use paid sick leave for a partial day (e.g., to attend a doctor’s appointment), and may not discipline the employee for doing so.

Many employers have attendance policies under which employees may be given an “occurrence” or similar adverse personnel action (which is a form of discipline with potentially negative repercussions) if the employee has an unscheduled absence or provides insufficient notice of an absence. Under the terms of the paid sick leave law (and Labor Code sections 233 and 234), if an employee has accrued and available sick leave , and is using his or her accrued paid sick leave for a purpose as specified in the law, it is not permissible for an employer to give the employee an “occurrence” for the absence under such an attendance policy because this would constitute a form of discipline against an employee for using his or her paid sick leave as allowed under the paid sick leave law.

If an employee does not have any accrued or available paid sick leave, however, (e.g., if the employee has already used all of his or her accrued and available paid sick leave under the employer’s policy, including as consistent with Labor Code section 233), and if the employee has an unscheduled absence that would otherwise violate the employer’s attendance policy, the paid sick leave law does not prohibit the employer from giving the employee an “occurrence” for such absence, even if the employee was actually sick and/or could have used paid sick leave for the absence if he or she had any such leave accrued. The paid sick leave law does not “protect” all time off taken by an employee for illness or related purposes; it “protects” only an employee’s accrued and available paid sick leave as specified in the statute.

(Lab. Code § 246.5, subd. (a).) An employer is not required to allow an employee to use accrued paid sick days for reasons other than those listed in the statute (as quoted above).

In addition, if an employee has an unscheduled absence that would otherwise result in an “occurrence” under an employer’s attendance policy, and if the employee elects to use accrued paid sick leave for only part of the unscheduled absence (for example, if the employee is absent for a full eight-hour day of work, but elects to use only four hours of his or her accrued paid sick leave for the absence [which the employee is allowed to do], the employer would be allowed to give an “occurrence” (or 1/2 of an “occurrence”) for the one-half day of unscheduled absence for which no paid sick leave was used. Only time that is properly taken as accrued paid sick leave is protected from disciplinary action. The same would be true if the employee had a full eight-hour unscheduled absence, but only had available four hours of accrued paid sick leave. The portion of the unscheduled absence not covered by accrued paid sick leave could be subject to disciplinary action under the employer’s attendance policy.

Governor Jerry Brown signed Senate Bill 3 on April 4, 2016, amending the Healthy Workplaces, Healthy Families Act of 2014. Subscribe to get email alerts of any updates related to the paid sick leave law

Side by Side Comparison of COVID-19 Paid Leave

Workplace Poster - Supplemental Paid Sick Leave for Food Sector Workers ( Spanish Version )

Printable Version

This document contains answers to questions that are frequently asked about California's new Paid Sick Leave law ( AB 1522 , operative January 1, 2015, and as amended in AB 304 effective July 13, 2015).

DIR has updated the FAQ list originally posted in February 2015 to reflect new requirements under AB 304. This newer document also clarifies previous responses given in answer to questions received from members of the public.

Eligibility for paid sick leave under the new law

The state's new sick leave law went into effect on January 1, 2015. However, the right to begin accruing and taking sick leave under this law did not go into effect until July 1, 2015. Note that many employers already had sick leave policies in place for covered employees before the new law was adopted. If those existing sick leave policies already satisfied the requirements of the new law, there may not have been any required changes to an employee's right to accrue and take sick leave as a result of the new law.

To qualify for sick leave, an employee must:

If you work less than 30 calendar days within a year for the same employer in California, then you are not entitled to paid sick leave under this new law.

The 90 calendar day period works like a probationary period. If you work less than 90 days for your employer, you are not entitled to take paid sick leave.

A qualifying employee begins to accrue paid sick leave beginning on July 1, 2015, or if hired after that date on the first day of employment. An employee is entitled to use (take) paid sick leave beginning on the 90th day of employment.

The different dates are a result of the general effective dates of new legislation (on January 1 following enactment of the law) and the way the law was drafted, making some of its provisions operative on a specified date (July 1, 2015). The qualifying period that determines which employees are eligible for paid sick leave, and the qualifying period for employee notice required by Labor Code 2810.5 both became effective on January 1, 2015; however the law provides that employees' right to accrue and take sick leave did not begin until July 1, 2015.

All employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, and temporary employees, are covered by this new law with some specific exceptions. Employees exempt from the paid sick leave law include:

Employees of a staffing agency are covered by the new law. Therefore, whoever is the employer or joint employer is required to provide paid sick leave to qualifying employees.

How do qualifying employees accrue and take paid sick leave

It depends on what kind of plan your employer chooses to offer in order to comply with the new law. Some employers already have paid time off or sick leave policies that meet the requirements of the new law, and for employees who are covered by those existing plans, the amount of sick leave you are entitled to take will not change. In general terms, the law requires employers to provide and allow employees to use at least 24 hours or three days of paid sick leave per year.

Employers adopting new policies to comply with the law may choose whether to have an “ accrual ” policy or a “ no accrual/up front ” policy.

An accrual policy is one where employees earn sick leave over time, with the accrued time carrying over in each year of employment. In general terms (and subject to some exceptions), employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work (the 1:30 schedule). Although employers may adopt or keep other types of accrual schedules, the schedule must result in an employee having at least 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment.

Although employees may accrue more than three days of paid sick leave under the one hour for every 30 hours worked (or under an alternative accrual standard) under an accrual method, the law allows employers to limit an employee’s use of paid sick leave to 24 hours or three days during a year. The law also allows an employer to limit an employee’s total accrued paid sick leave to no more than 48 hours or six days.

A no accrual/up front policy makes the full amount of sick leave for the year available immediately at the beginning of a year-long period, except for initial hires where it must be available for use by the 120th day of employment. The employer must provide at least 24 hours or three days of paid sick leave per year and the full amount of this leave must be available for the employee’s use from the beginning of each year of employment, calendar year, or 12-month period. Note: the employer determines how the year will be calculated, whether it tracks a typical calendar year, fiscal year, or other 12-month period). Under the up-front method, IHSS employees begin to be covered by the law on July 1, 2018 and may be limited to one day or eight hours initially until the minimum wage reaches $13.00 and to two days or twenty-four hours until the minimum wage reaches $15.00 per hour.

Lastly, the law allows certain types of existing sick leave policies to be “grandfathered,” if the policy was in existence prior to January 1, 2015. These policies are deemed to comply with the new law if:

Because paid sick leave accrues beginning on July 1, 2015, or the first day of employment if hired after July 1, 2015, the 12 month period will vary by hire date for those employees hired after July 1, 2015. Therefore, the measurement will mostly be tracked by the employee's anniversary date.

Yes. An employer may elect to advance sick leave to an employee before it is accrued, but there is no requirement for an employer to do so under this law.

The paid sick leave law requires that your accrued and unused sick leave be restored to you if you return to the same employer within 12 months from the previous separation.

Note: An employer is not required to restore previously accrued and unused paid time off (PTO), if the sick leave was provided pursuant to a PTO policy covering sick leave which was paid or cashed out to the employee at the end of the previous employment with that employer.

The paid sick leave law does not require that your accrued sick leave be restored to you.

It will depend on the facts but generally speaking, no. The statute provides that an employer may limit the amount of sick leave to 24 hours or three days per year. Since you work 6 hours per day, you have only used 18 of your 24 hours. You still have 6 hours left to take and be paid for during the year because an employer must allow an employee to use at least three days or 24 hours, whichever is more (refer to DLSE Opinion Letter 2015.08.07).

Employer policies can provide more paid sick leave but not less

The new law establishes minimum requirements for paid sick leave, but an employer may provide sick leave through its own existing sick leave or paid time off plan, or establish different plans for different categories of workers. Each plan must satisfy the accrual, carryover, and use requirements of the new law. In general terms, the minimum requirements under the new law are that an employer must provide at least 24 hours or three days of paid sick leave per year. A paid time off (PTO) plan that employees may use for the same purposes of paid sick leave, and that complies with all applicable minimum requirements of the new law, may continue to be used.

In general terms, the new law provides that, employers who adopt an accrual plan for paid sick leave, employees must accrue at least 1 hour of paid sick leave for each 30 hours of work. An employer may use a different accrual method, as long as the accrual is on a regular basis and results in the employee having no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment, or each calendar year, or in each 12-month period.

The law also has a “grandfather” clause, which allows employers with paid sick leave policies or paid time off policies that were in existence prior to January 1, 2015, to maintain those policies and be deemed in compliance as long as they meet the following requirements:

The employee was eligible to earn at least three days or 24 hours of paid sick leave or paid time off within 9 months of employment.

Sick leave or annual leave provided to governmental employees pursuant to either certain Government Code provisions or a memorandum of understanding meet the accrual requirements.

The law states that an employer is not required to have an accrual or carryover policy for paid sick leave if the “full amount of leave” is provided to employees at the beginning of each year of employment, calendar year or 12-month period. The “full amount of leave” that an employer is required to provide under this provision is at least 24 hours or three days of paid sick leave.

For initial hires, however, the employee must still meet the 90-day employment requirement prior to taking any paid sick leave.

Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 6 days or 48 hours.

No, as long as your employer provides the minimum of at least 24 hours or three days per year of paid leave that can be used for health care and that meets other requirements in the law.

Most employers with this new but growing policy do not track how much time employees take off or for what reason. Although the new law requires that employers separately track sick leave accrual and use, for employers with unlimited paid time off plans, the notice, itemized pay stub or separate written statement provided with the payment of wages meets this requirement by indicating the paid sick leave is “unlimited”.

For what purposes can an employee take paid sick leave

You can take paid sick leave for yourself or a family member, for preventive care or diagnosis, care or treatment of an existing health condition, or for specified purposes if you are a victim of domestic violence, sexual assault or stalking.

The employee may decide how much paid sick leave he or she wants to use (for example, whether you want to take an entire day, or only part of a day). Your employer can require you to take a minimum of at least two hours of paid sick leave at a time, but otherwise the determination of how much time is needed is left to the employee.

The employee must notify the employer in advance if the sick leave is planned, as may be the case with scheduled doctors' visits. If the need is unforeseeable, the employee need only give notice as soon as practical, as may occur in the case of unanticipated illness or a medical emergency.

Payment and tracking of earned and taken leave

The new law requires that an employer provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. This does not prevent an employer from making the adjustment in the pay for the same payroll period in which the leave was taken, but it permits an employer to delay the adjustment until the next payroll. For example, if you did not clock in for a shift and therefore were not paid for it but utilized your paid sick leave, your employer would have to pay you not later than the following pay period and account for it in the wage stub or separate itemized wage statement for that following regular pay period.

It depends on whether you are an “exempt” or “non-exempt” employee. For non-exempt employees, you will be paid your regular or normal non-overtime hourly rate for the amount of time that you took as paid sick leave. For example, if you took two hours of paid sick leave to attend a doctor’s appointment, you will be paid for those two hours at the same non-overtime hourly rate you would have earned if you had been working.

To determine the rate of pay, the employer may either:

For exempt employees, paid sick leave is calculated in the same manner the employer calculates wages for other forms of paid leave time (for example, vacation pay, paid-time off).

1 Please see Opinion Letter dated October 11, 2016 for an explanation of how to calculate paid sick leave for commissioned employees. This FAQ presumes payment by salary.

Employers must show how many days of sick leave you have available on your pay stub, or on a document issued the same day as your paycheck. If an employer provides unlimited paid sick leave or unlimited paid time off, the employer may indicate "unlimited" on your pay stub or other document provided to you the same day as your wages.

Employers also must keep records showing how many paid sick day you earned and used for three years. This information may be stored on documents available to employees electronically.

The law states that an employer is not obligated to inquire into, or record, the purposes for which an employee uses paid sick leave or paid time off.

If employees are subject to local sick leave ordinances, the employer must comply with both the local and California laws, which may differ in some respects. The employer must provide the provision or benefit that is most generous to the employee.

The paid sick leave law allows employees to decide how much paid leave time to take, subject to their employer’s ability to set a two-hour minimum. For example, if an employee has accrued ten hours, he or she can request to be paid for ten hours. If the employee decides to take less time than that in paid sick leave, then he or she will be paid for the number of hours that they chose to take. Be advised, employees must take a minimum of two hours when they choose to take sick leave if the employer sets a two-hour minimum. If an employee on an alternative work schedule is sick for three days and has accrued only 24 hours of paid sick leave, the employer will pay for the 24 hours accrued. However, if the employee has accrued 30 hours of paid sick leave they must be paid for the full 30 hours, or three days, of work (refer to DLSE Opinion Letter 2015.08.07).

No, not unless your employer's policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.

Required information to be provided to employees

Beginning January 1, 2015, employers are required to display a poster in a conspicuous place at the workplace. The workplace posting must contain the following information:

The new law required the Labor Commissioner to develop such a poster, and it is now available on the Labor Commissioner’s website.

After January 1, 2015, employers are required to provide most employees with an individualized Notice to Employee (required under Labor Code section 2810.5) that includes paid sick leave information. A Notice to Employee form revised to reflect the new sick leave law by the Labor Commissioner’s Office must be used for employees hired after January 1, 2015. For employees hired prior to January 1, 2015, the employer is required to provide a revised Notice to Employee or otherwise inform each employee of the information regarding paid sick leave, using any of the alternative methods specified in Labor Code section 2810.5(b).

The Notice to Employee provisions of Labor Code section 2810.5 do not apply to exempt employees, most government employees, or to employees covered by a valid collective bargaining agreement that meets certain specifications.

The state law providing for paid sick leave creates minimum standards for paid sick leave. Employers may use their existing policies so long as the policy complies with the minimum requirements of the law. The revised Notice to Employee form includes a check box to inform an employee of an employer’s own existing paid time off or paid sick leave policy that meets or exceeds the requirements of the new law.

To avoid misinformation or misunderstanding regarding an employer’s paid time off or paid sick leave policy, employers are encouraged to ensure that employees are made fully aware of the terms and conditions of their policy. Although the notice requirements of Labor Code section 2810.5 do not apply to employees who are exempt from the payment of overtime, employees who are exempt from the payment of overtime are covered by this new paid sick leave law.

In general, yes. Unless the notice requirement in Labor Code section 2810.5 does not apply (exempt employees, public employees, and employees covered under certain collective bargaining agreements are excluded), or if the paid sick leave does not apply under one of the exceptions stated in Labor Code section 245.5(a), an employer must notify all employees hired prior to January 1, 2015 of changes to terms and conditions of employment that relate to paid sick leave within 7 days of the actual change. A revised Notice to Employee may be used for providing individual notice to these existing employees unless the employer chooses an authorized alternative method.

Although an existing paid sick leave or paid time off policy may already satisfy the minimum requirements of the law, and the policy may have been previously provided to an employee or contained in an employer's policy manual available to employees), employers must provide some form of notice of the employee’s rights under the new law.

The Labor Commissioner’s Office has advised employers that it is a best practice to provide an individual notice containing information about the new paid sick leave law on the revised DLSE notice form to existing employees.

Whether an employer elects to use the DLSE revised form or another kind of written document, such notice must contain information about the employee’s rights under new paid sick leave law, and ideally should include details on how the employer intends to meet the requirements of the new law for the particular employee. For example, a written statement provided to the employee which refers to or summarizes the employer’s existing sick leave policy and contains the points of information as specified in the revised notice form that is provided to each employee would be the recommended best practice.

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Paid Sick Leave Laws By State for 2023

Last Updated: January 1, 2023 | Read Time: 24 min

One Minute Takeaway

Everyone, at one time or another, has worked with that person who comes to work with a bad cold. Not only is it annoying, but it also jeopardizes the health of other employees. Have you ever stopped to think that maybe co-worker came to work because they didn’t have enough paid sick time available and wouldn’t get paid for a missed day or two.

Compliance with State and Municipality Sick Leaves

In the past, granting paid sick leave was at the employer’s discretion in the private sector. While employees are covered for long-term leave under the Family and Medical Leave Act (FMLA) , there’s no federal paid sick leave act that requires a private employer to pay for short-term illness. We’re seeing a growing movement of laws being created at state and local levels designed to protect employees who might be forced to choose between going to work sick and infecting their co-workers, or calling in sick and potentially losing pay and, in the worst-case scenario, even their jobs.

Some cities such as Los Angeles have further expanded the definition for family members who are covered under an employer’s sick leave policies: “ An employee’s child, spouse, registered domestic partner, parent, parent-in-law, sibling, grandparent, grandchild, and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”

Private employers in more than a dozen states, plus two dozen municipalities across the U.S. are required to provide some form of paid sick leave to an eligible employee. If you have employees in any state or municipality that has paid sick leave laws, you should take every step possible to help ensure you’re in compliance with those laws. Your job is even more difficult if your company does business in multiple states or localities, each of which may have their own paid sick leave laws.

With so many different rules, it’s important to understand the nuances of each law and determine how the laws work together (or don’t) so you can write appropriate leave policies, establish procedures, and guide your management teams.

How to Craft a Paid Sick Leave Policy

If you do have to follow paid sick leave requirements, one of the main decisions you’ll need to make is whether your employees will accrue their paid sick time based on the number of hours they work each week or if they will draw from a bank of sick time that is frontloaded at the start of every year. If you have multiple locations, you’ll also need to decide if you will apply a single policy to every location or if you will apply different policies for each state or municipality where your employees work.

Many paid sick leave laws also include “safe time” or “safe leave” provisions, which provide paid sick leave entitlements to employees affected by domestic violence, sexual assault or stalking. Under these laws, an employee may be allowed to take leave not only to get medical care but also to attend court proceedings, move, go to counseling appointments, or receive services from a victim’s services group.

Employees are typically protected from any employer retaliation when asking for or using their sick leave hours. So, it’s critical that your managers not only understand the laws and any procedures they’re required to follow when an employee submits a sick leave request, but also understand that any negative reaction to a request could be viewed as retaliatory in nature.

Which states have mandatory paid sick leave?

Arizona, California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Washington, D.C. have mandatory paid sick leave laws. Maine and Nevada have laws requiring accrued paid time off not limited to sick time.

Are employers required to give ALL employees paid sick leave?

No. Paid sick leave depends on the state or municipality.

What’s the difference between an exempt and non-exempt employee?

The main difference between exempt and non-exempt employees is eligibility for overtime pay. Exempt employees are not covered by the Fair Labor Standards Act (FSLA) and do not receive overtime pay, while non-exempt employees can.

What do paid sick leave laws do?

Paid sick leave laws enable covered employees to take paid time off for medical care for themselves, a family member, or in some states, a close friend.

State Paid Sick Leave Laws

The following is a high-level overview of paid sick leave laws by state for private sector employers. Keep in mind this list is not inclusive of every state law; there are many more nuances to understand. States that are omitted do not have laws regulating paid time off.

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Did You Know?

Common questions on Paid Sick Leave and Coronavirus. This web page provides information and guidance on the state's paid sick leave laws in connection with the coronavirus (COVID-19) outbreak.

Employees have new rights, and employers have significant new responsibilities under Washington's Paid Sick Leave law, which was passed by voters in 2016 as part of Initiative 1433. As of Jan. 1, 2018, employers in Washington State are required to provide paid sick leave to their employees.

The tabs below give both employers and employees an overview of Washington's paid sick leave requirements. In-depth information is also available for employers on the following topics:

If you are an employee in Washington State, your employer is now required to provide you with paid sick leave. The paid sick leave law was one of several changes to worker rights mandated by Initiative 1433, approved by Washington voters in 2016.

How much paid sick leave can I earn?

You must earn at least one hour of paid sick leave for every 40 hours you work. Employers may provide more leave if they choose.

You began earning paid sick leave on your first day of work on or after Jan. 1, 2018.

If you do not use all of the paid sick leave you’ve earned by the end of the accrual year, your employer must carry over balances of 40 hours or less to the next year.

Am I paid the same for a sick leave hour as I am for a regular work hour?

Yes. Your employer must pay your earned paid sick leave hours at your normal hourly compensation.

When may I use my earned paid sick leave?

You may use this leave:

How soon may I begin using sick leave?

You may begin using earned paid sick leave 90 calendar days after your first day of work with your employer. If you separate from your employer and are rehired within 12 months, any days you worked before leaving your job will count toward this 90-day period.

What family members may I use paid sick leave to care for?

Family members include your:

Is my employer required to notify me of my right to paid sick leave?

Yes. All Washington employers must notify their employees of this right in writing (paper or electronic).

Your employer must give you an initial, one-time notice explaining:

At least once a month, your employer must give you a statement (paper or electronic) that explains:

What if taking sick leave causes trouble for me at work?

If you use your paid sick leave for any reason allowed by this law, your employer is prohibited from disciplining you for this absence.

It’s also illegal for your employer to:

If you have a complaint or suspicion about your employer not providing you with paid sick leave or violating your other rights under the Minimum Wage Act, you can report it to L&I. Complete the form below online or by mail, and include any relevant information or records. Mail or bring the form and records to the L&I office where the business is located.

Are employers required to give ALL employees paid sick leave?

There are only a few exceptions. They include employees who are doctors, lawyers, or dentists, as well as most executive managers who are paid on a salary (rather than an hourly) basis, if they supervise two or more full-time employees. More information: Administrative Policy ES.A.1, Minimum Wage Act Applicability .

What other protections for workers were included in Initiative 1433?

In addition to the paid sick leave requirement, Initiative 1433 includes three other changes to state law:

Implementing a paid sick leave policy

Paid sick leave policy minimum requirements

Employees’ rights

Related Resources

Read the paid sick leave fact sheet.

Paid Sick Leave Law (141 KB)

HR Tip of the Week

Paid sick leave vs. vacation vs. pto: what you need to know.

More and more jurisdictions are passing laws requiring employers to provide paid leave to employees, and the COVID-19 pandemic has only accelerated this trend. When new laws are enacted, employers often have questions about the impact on their existing policies. Here are answers to some frequently asked questions on paid sick leave, vacation, and paid time off.

Q: Where is paid vacation required?

A: No federal, state, or local law requires employers to provide paid vacation. However, some jurisdictions have enacted laws requiring employers to provide paid leave that employees can use for any purpose, including vacation. For example, Maine requires employers with more than 10 employees to provide paid time off that can be used for any reason . Nevada has a similar law that applies to employers with 50 or more employees.

Despite the absence in laws requiring paid vacation, it remains one of the most common employee benefits. More than 90 percent of full-time employees receive paid vacation time, according to the Bureau of Labor Statistics (BLS). Providing paid vacation, and developing a culture that encourages employees to use their time, can help attract and retain employees and bolster productivity, particularly in these unprecedented times.

Q: Where is paid sick leave required?

A: Currently, the following jurisdictions require employers to provide paid sick leave to employees:

Note: In Nevada, employers with 50 or more employees must provide paid leave that employees may use for any reason. Since this Tip of the Week was published, New Mexico enacted a paid sick leave requirement, which takes effect July 1, 2022.

Other Jurisdictions:

Note: Since this Tip of the Week was published, Allegheny County (PA) enacted a paid sick leave requirement, which took effect December 15, 2021. West Hollywood (CA) also enacted a paid sick leave requirement, which takes effect January 1, 2022 for hotel workers and July 1, 2022 for other employees.

Q: Do we have to provide paid leave to employees if they miss work due to COVID-19?

A: Effective April 1, 2020, the Families First Coronavirus Response Act (FFCRA) required employers with fewer than 500 employees to provide emergency paid sick leave (up to 80 hours) and public health emergency leave (up to 12 weeks) to employees and established tax credits for employers that do so. The FFCRA's leave requirements expired on December 31, 2020. However, the tax credit portion of the law was extended through September 30, 2021 for employers that voluntarily offer either type of leave.

While the FFCRA's leave requirements ended, some states and local jurisdictions have stepped in with their own leave requirements . For instance, as of January 1, 2021, all Colorado employers must provide up to 80 hours of public health emergency leave to employees. Also, some state and local jurisdictions require employers to provide paid leave for employees to receive a COVID-19 vaccination.

Keep in mind that states and local jurisdictions may have paid sick leave laws that were enacted prior to the pandemic (see the answer above ) that may cover situations related to COVID-19.

Even in the absence of a requirement to provide paid leave to employees for reasons related to COVID-19, many employers do so to encourage sick workers to stay home and prevent the spread of the illness.

Q: What is the difference between a paid vacation policy, paid sick leave policy, and a paid time off (PTO) policy?

A: Instead of having separate policies for vacation, sick, and other types of leave, many employers offer a single PTO policy under which employees can use accrued time off for any purpose. For example, you may offer 14 days of PTO per year that employees can use for any reason. Under this policy, one employee could use 10 days for a vacation, another three days when they get sick later in the year, and the remaining time off to care for their child, whose school was closed due to a snowstorm. Other employees may use the time differently to meet their specific needs and circumstances.

Q: Can I adopt a use-it-or-lose-it vacation policy?

A: Some states explicitly prohibit policies that force employees to forfeit accrued, unused vacation (also known as use-it-or-lose-it policies). In these cases, employers must generally allow employees to carry over accrued but unused vacation from year to year, or pay employees for the unused time at the end of the year. Similarly, in these states, employers are required to pay out any accrued, unused vacation at the time of separation.

States generally handle unused vacation in one of three ways:

Note: In some of the states that prohibit use-it-or-lose-it policies, a reasonable cap on accruals may be permitted. In such cases, employees have to "use" some of their time in order to earn any additional time.

Q: My state requires me to provide paid sick leave to employees. Can I keep my current PTO 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:

Check your applicable law to ensure compliance.

Note: State and local paid COVID-19 leave laws may have different rules.

Q: My state paid sick leave law allows me to provide leave through a PTO policy. One of my employees just requested sick leave, but they've exhausted all their PTO for the year on vacation. Do I have to offer additional paid leave to this employee?

A: Under many of the paid sick leave laws, no additional leave would be required if the PTO policy met the requirements listed in the answer above . When implementing your PTO policy, to help your employees manage their time off, clearly communicate what they can use PTO for, how it accrues, available balances, and the other requirements of your plan. Depending on the circumstances, the employee here may qualify for sick leave (typically unpaid) under a different law. For example, the federal Family and Medical Leave Act requires employers with 50 or more employees to provide unpaid leave to eligible employees for specified family, medical, and military reasons. Many states have similar laws that cover employers with fewer employees. Check your applicable laws to ensure compliance.

Note: The employee may also be entitled to paid COVID-19 leave under state and/or local law.

Q: What are some advantages and disadvantages of having a PTO policy instead of a standalone paid sick leave policy or vacation policy?

A: In general, PTO policies give workers more flexibility to use their leave to fit their needs. For employers with employees in multiple jurisdictions with differing paid sick leave requirements, a PTO policy can be an attractive option because a single policy (and the same amount of leave) can generally be offered across jurisdictions, provided it meets the requirements of the most generous paid sick leave law.

Another advantage of a PTO policy is that it can ease the administrative burden of tracking precisely how the leave was used. However, you should still familiarize yourself with your obligations under applicable paid sick leave laws, since many have specific recordkeeping requirements.

Sick leave laws don't typically require that employers pay for unused sick leave when an employee leaves the company. However, if you use your PTO policy to meet sick leave requirements, in some states, such as California, you would be required to pay out all unused PTO at the time of separation. This could mean you would face additional costs paying for unused sick time if you bundled your sick leave into your PTO rather than if you offered separate sick leave. In some states, this may also be true if the employer uses a vacation policy to satisfy the sick leave law.

Note: Seattle's paid sick leave law requires employers with 250 or more full-time equivalent employees to carry over more time off if they maintain a PTO policy instead of a standalone sick leave policy (108 hours versus 72 hours).

Conclusion:

Make sure your vacation, sick leave, COVID-19 leave, and PTO policies comply with applicable state and local laws.

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