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In Toro v. ACME BARRICADES, LC, Dist. Court, (MD Florida 2021), the court laid out the statutory scheme as follows:
Under the FCCRA, the EPSLA provides, in relevant part, as follows:
(1) An Employer shall provide to each of its Employees Paid Sick Leave to the extent that Employee is unable to work due to any of the following reasons:
(i) The Employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
(ii) The Employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
(iii) The Employee is experiencing symptoms of COVID-19 and seeking medical diagnosis from a health care provider;
(iv) The Employee is caring for an individual who is subject to an order as described in this paragraph (a)(1)(i) or directed as described in this paragraph (a)(1)(ii);
(v) The Employee is caring for his or her Son or Daughter whose School or Place of Care has been closed for a period of time, whether by order of a State or local official or authority or at the decision of the individual School or Place of Care, or the Child Care Provider of such Son or Daughter is unavailable, for reasons related to COVID-19; or
(vi) The Employee has a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. . . .
29 C.F.R. § 826.20(a)(1). As it relates to advice of a health care provider to self-quarantine, the FFCRA provides that: "[a]n Employee may take Paid Sick Leave for the reason described in paragraph (a)(1)(ii) of this section only if:
(i) A health care provider advises the Employee to self-quarantine based on a belief that:
(A) The Employee has COVID-19;
(B) The Employee may have COVID-19; or
(C) The Employee is particularly vulnerable to COVID-19; and
(ii) Following the advice of a health care provider to self-quarantine prevents the Employee from being able to work, either at the Employee's normal workplace or by Telework. An Employee who is advised to self-quarantine by a health care provider may not take Paid Sick Leave where the Employer does not have work for the Employee.
Id. § 826.20(a)(3). Under the EPSLA, a qualifying full-time employee is entitled to up to eighty (80) hours of paid sick leave. Id. § 826.21(a)(1).
The EPSLA further provides that
An Employer is prohibited from discharging, disciplining, or discriminating against any Employee because such Employee took Paid Sick Leave under the EPSLA. Likewise, an Employer is prohibited from discharging, disciplining, or discriminating against any Employee because such Employee has filed any complaint or instituted or caused to be instituted any proceeding, including an enforcement proceeding, under or related to the EPSLA, or has testified or is about to testify in any such proceeding.
Id. § 826.150(a); see also Kofler v. Sayde Steeves Cleaning Serv., Inc., No. 8:20-cv-1460-T-33AEP, 2020 WL 5016902, at *2 (M.D. Fla. Aug. 25, 2020) ("Although the FLSA and FFCRA are different statutes, retaliation for asserting rights under the FFCRA violates the FLSA.").
Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.
Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 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)
The 16 States (Plus D.C.) That Have Mandatory Paid Sick Leave Policies
The Minimum Wage Rate in Each State - States With Highest and Lowest Minimum Wage Rates
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.com, SHRM & cited Articles, City and State
Statutes/Ordinances
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.
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 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
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
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.
These Major Cities Have Mandatory Paid Sick Leave Laws
These 34 States Do Not Have Any Mandatory Paid Sick Leave Laws
The Minimum Wage Rate in Each State - States With Highest and Lowest Minimum Wage Rate
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)
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.
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?
The Minimum Wage Rate in Each State - States With Highest and Lowest Minimum Wage Rate
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)
These 34 States Do Not Have a State Law Requiring Private Employers to Provide Paid Sick Leave to Employees
Alabama
Alaska
Arkansas
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois – Chicago and Cook County do have
PSL Ordinances
Indiana
Iowa
Kansas
Kentucky
Louisiana
Minnesota – Minneapolis, St. Paul and Duluth do
have PSL Ordinances
Mississippi
Missouri
Montana
Nebraska
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania – Philadelphia and Pittsburgh do
have PSL Ordinances
South Carolina
South Dakota
Tennessee
Texas- Efforts to enact PSL Ordinances in Dallas
and San Antonio have been blocked
Utah
Virginia
West Virginia
Wisconsin
The Minimum Wage Rate in Each State - States With Highest and Lowest Minimum Wage Rate
The 16 States (Plus D.C.) That Have Mandatory Paid Sick Leave Policies
Covid
Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo
v. Shield N Seal (Posted April 3,
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)
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?