Friday, April 16, 2021

Here Are Some Major Cities That Have Mandatory Paid Sick Leave Laws for Employees of Private Employers



PAID SICK LEAVE LAWS: THE PROVISIONS IN SOME MAJOR CITIES

The below is a synopsis of Paid Sick Leave (“PSL”) in various major cities throughout United States.  It is only a summary intended as a guide, and those seeking additional information should click the links and/or consult legal counsel in your jurisdiction.

 Note: Employers are always allowed to exceed municipal, state or federal law requirements.

 Note:  Most jurisdiction discussed below have carry over provisions; they are not discussed herein.

 Primary Sources: FitSmallBusiness.com, SHRM & cited Articles, City and State Statutes/Ordinances

Philadelphia and Pittsburgh, Pennsylvania Paid Sick Leave Laws

Pittsburgh’s Paid Sick Days Act applies to employees who work at in the City least 35 hours a year. Employers with 15 or more employees must provide employees with at least one hour of paid sick time for every 35 hours worked, up to 40 hours per year. Employers with less than 15 employees must provide employees with at least one hour of protected unpaid sick time for every 35 hours worked, up to 24 hours per year.

Philadelphia’s Promoting Healthy Families and Workplaces Ordinance provides that all employees who work within the City for at least 40 hours in a year are entitled to sick leave. Employers with 10 or more employees must provide eligible employees up to 40 hours of PSL a year, while employers with less than 10 employees must provide protected unpaid sick time.

Montgomery County, Maryland Paid Sick Leave Law

Montgomery County is the most populous county in Maryland and includes Rockville, Germantown, Bethesda and Silver Spring (but not Baltimore).  Its Earned Sick and Safe Leave Law  provides that companies with <5 employees give one hour PSL per 30 hours worked (up to 32 hours per year).  Those companies with 5 or more employees must provide one hour PSL per 30 hours worked (maximum of 56 hours). 

Paid parental leave is included in Montgomery County’s Sick and Safe Leave law. This law allows use of PSL for the birth or adoption of a child.

New York City and Westchester County, New York Paid Sick Leave Laws

Employees who work within New York City or Westchester County for more than 80 hours in a calendar year are covered.  Both NYC and Westchester County laws provide for one hour PSL for every 30 hours worked (unpaid leave accrues at the same rate). 

Chicago Paid Sick Time Law

Chicago and Cook County (which includes Chicago) require PSL. We will address Chicago only here. 

The City of Chicago Minimum Wage and Paid Sick Leave Ordinance  covers employees who work within Chicago’s city limits and work 80 or more hours in a 120-day period. Employees accrue one hour of sick leave for every 40 hours worked, with a maximum of 40 hours PSL per annum.

Minneapolis, St. Paul, and Duluth, Minnesota Paid Sick Leave Laws

California Cities with Paid Sick Time Laws: Berkeley, Emeryville, San Francisco, Oakland, Los Angeles, Santa Monica, and San Diego

The above cities have mandated sick leave ordinances. Some are more generous than required under state law.

Portland Paid Sick Time Law

Oregon’s Sick Time Law states that employers in Portland are required to provide PSL at the levels established by state law if they have 6 or more employees.

Seattle and Tacoma, Washington Paid Sick Time Laws

In addition to the state of Washington, several cities, including Seattle and Tacoma have implemented their own sick leave laws.

Seattle requires employers with up to 249 employees to credit 1 hour of PSL per 40 hours worked; employees of larger employers accrue 1 hour of PSL per 30 hours worked.

Tacoma requires that all employers within the City provide PSL at a rate of 1 hour per 40 hours worked, with no annual maximum.

NOTE: Texas Paid Sick Leave Law

Texas does not have any law providing for paid or unpaid sick leave.  The city of Dallas tied to enact a Paid Sick Leave law, but on March 31, 2021, a federal district judge ruled the law was unconstitutional.

Austin and San Antonio have similarly struggled to implement paid sick leave laws for those who work in those cities.


You May Also Find Worthwhile:

The 16 States (Plus D.C.) That Have Mandatory Paid Sick Leave Policies

WHAT 34 STATES DO NOT HAVE ANY PAID SICK LEAVE LAWS FOR PRIVATE EMPLOYERS? 

Is There a Federal Law That Requires That Employees Receive Vacation, be Paid Holiday or Sick Pay or be Given Break, Rest or Meal Time?

The Minimum Wage Rate in Each State - States With Highest and Lowest Minimum Wage Rate 

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)