Friday, April 16, 2021

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

 



16 STATES, PLUS WASHINGTON, D.C., HAVE PAID SICK LEAVE POLICIES

 Below is a synopsis of Paid Sick Leave (“PSL”) statutes 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.comSHRM cited ArticlesCity and State Statutes/Ordinances

Map of Southwestern USA
Arizona, California, Colorado, Nevada and New Mexico All Have Paid Sick Leave Provisions

Arizona Paid Sick Leave Law

Arizona’s Fair Wages and Healthy Families Act requires employers <15 employees to provide 24 hours PSL a year.  Companies with 15 or more workers must provide 40 hours per annum. Part-time employees earn one hour PSL per 30 hours worked.

California
Paid Sick Leave Law

California’s Healthy Workplaces, Healthy Families Act of 2014 requires ALL employers to provide 24 PSL per year.

Colorado Paid Sick Leave Law

Colorado’s Paid Sick Leave Law provides that, starting January 1, 2021, employers with 16 or more employees, and starting January 1, 2022, all employers, must provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.

Fall Foliage in New England
Five New England States- Connecticut, Massachusetts, Maine, Rhode Island and Vermont -
Have Paid Sick Leave Laws

Connecticut Paid Sick Leave Law

Connecticut’s Paid Sick Leave Law requires employers with 50 or more employees provide 40 hours PSL to full-time employees. Part-time employees get PSL at the rate of one hour earned for every 40 hours worked

Maine Paid Sick Leave Law

Maine’s paid leave law provides for 8 hours PSL for each month a full-time employee works. Part-time workers get pro-rated PSL, so that an employee working 20 hours a week would accrue 4 hours PSL.

Maryland Paid Sick Leave Law

Maryland’s Healthy Working Families Act requires employers with 15 or more employees to grant sick leave at a rate of one hour PSL per 30 hours worked, with a 40 hour per annum maximum (employers with <15 employees must provide protected unpaid sick leave).

See also: Montgomery County, Md. PSL Ordinances

Massachusetts Paid Sick Leave Law

Massachusetts Earned Sick Time Law requires companies with 11 or more employees to provide 40 hours PSL to full-time employees. Part-time employees accrue one hour of PSL per 30 hours worked.

Michigan Paid Sick Leave Law

Michigan’s Paid Medical Leave Act governs companies with 50 or more employees, and requires 1 hour of PSL per 35 hours worked per week 

Nevada Paid Sick Leave Law

Nevada’s paid sick leave covers all employers that have 50 or more employees. An employee is entitled to 0.01923 hours of paid leave for each hour of work (that is ¾ an hour PSL for a 40 hour work week), up to a maximum of 40 hours per year.  

New Jersey in Foreground NYC in Background
New Jersey and Big Brother New York Have Paid Sick Leave Laws

New Jersey Paid Sick Leave Law

New Jersey requires paid leave policies from all employers up irrespective of the number of employees. Employees earn at a rate of one hour PSL per 30 hours worked, with a 40 hour per annum maximum.  

New Mexico Paid Sick Leave Law

New Mexico’s Healthy Workplaces Act was enacted on April 8, 2021 and will become effective on July 1, 2022. It appears the accrual rate will be 1 PSL per 30 hours worked, with an annual maximum of 64 hours.      

New York Paid Sick Leave Law

The New York Paid Sick Leave Law requires PSL as follows:

Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. 

Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year. 

Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year. 

Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of protected unpaid sick leave per calendar year.

The rate of accrual is one hour per PSL (or unpaid) per 30 hours worked.

See also: New York City and Westchester County PSL Ordinances

Man Fishing In Oregon and State of Washington River
In the Pacific Northwest, Oregon and Washington Have Paid Sick Leave Laws

Oregon Paid Sick Leave Law

Oregon’s Sick Time Law requires PSL for employees of companies with 10 or more employees at a rate of one hour per PSL (or unpaid) per 30 hours worked, maximum of 40 per year. All employees of any sized company are entitled to protected unpaid sick leave.

See also: Portland PSL Ordinance

Rhode Island Paid Sick Leave Law

The Healthy and Safe Families and Workplaces Act requires employers with 18 or more employees will have to provide paid sick leave; employers with <18 workers must provide protected unpaid leave. The accrual rate is 1 hour PSL per 35 hours worked, maximum of 40 per annum.  Unpaid leave accrues at the same rate.

Vermont Paid Sick Leave Law

Vermont’s Earned Sick Time Act mandates that employees working for employers with five or more employees accrue PSL at a rate of 1 hour per 52 hours worked, with a maximum of 40 hours per year.

Washington State Paid Sick Leave Law

Washington state’s Paid Sick Leave Law provides that PSL accrues at the rate of one hour for every 40 hours worked, up to maximum of 40 per year. There are exemptions for supervisors and some professionals. 

See also: Seattle and Tacoma PSL Ordinances

If You Work in Our Nation's Capital - You Get Paid Sick Leave

Washington D.C. Paid Sick Leave Law

Washington D.C.’s Provision of Paid Leave  has a tiered approach based on company size. 

Employers with 100 or more employees must provide 1 hour PSL for every 37 hours worked, maximum of 56 hours per year. 

Employers with 25-99 employees must provide 1 hour PSL for every 43 hours worked, maximum of 40 hours per year.

Employers with <25 employees must provide 1 hour PSL for every 87 hours worked, maximum of 24 hours per year.


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