The Definitive List of City and State Leave Laws

Providing workers with time off from work to care for themselves and family members during times of illness was a high priority for many of the state legislatures before the advent of the coronavirus.

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The Definitive List of City and State Leave Laws

Here's what you need to know about the definitive list of city and state leave laws:

  • Currently, only about one-fifth of the states offer paid family and medical leave.
  • Almost all jurisdictions modified their permanent leave laws to expressly require that workers be allowed to use leave when the workplace, school, or childcare provider is closed because of a public health emergency.
  • Federal law mandates paid parental leave in some instances.

Providing workers with time off from work to care for themselves and family members during times of illness was a high priority for many of the state legislatures before the advent of the coronavirus. This urgency for leave laws was sharpened by the global pandemic.

Currently, only about one-fifth of the states offer paid family and medical leave. Less than half of the states provide paid sick leave. Many cities, most of them in California, and some counties offer paid leave. Leave duration, accrual, use, notice, posting, and recordkeeping requirements vary, making compliance difficult for multi-location employers.

In most instances, the leave laws also forbid retaliation by employers against those who take advantage of their rights under the leave laws.

One of the latest trends in leaves has been the passage of temporary emergency laws to provide workers with time off from work while being treated for COVID-19 or in quarantine because of the coronavirus. Many of the emergency leave laws have expired. However, almost all jurisdictions modified their permanent leave laws to expressly require that workers be allowed to use leave when the workplace, school, or childcare provider is closed because of a public health emergency.

This is a survey of sick and family leave laws, paid and unpaid, by federal, state, and locality.

Federal

There’s no federal law in the United States requiring paid sick leave law for the private sector, except for an executive order signed by President Obama aimed at federal contractors. Of course, public sector workers – state and federal – are provided paid sick leave as part of the terms of their employment.

Federal law does require unpaid sick leave. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family.

In general, employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months and at a location where at least 50 workers are employed.

Federal law, however, does mandate paid parental leave in some instances. As of October 2020, federal workers get 12 weeks of paid parental leave following the birth or placement of a child.

Hint: Use the Find command (ctrl + F on a PC; ⌘ + F on a Mac) to search for specific states or cities. 

 

 

Alabama leave law

Certain employers in the Yellowhammer State will have to comply with a new parental leave requirement starting July 2022. Under The Adoption Promotion Act, eligible employees can take up to 12 weeks of unpaid leave for bonding and child care.

The law is similar to the FMLA. Employers with 50 or more employees must comply. Employees must work for their employer for at least 12 months and have worked for at least 1,250 hours for the employer during the previous 12-month period before taking leave.

Arizona paid sick leave law

The “Fair Wages and Healthy Families Act” requires that full-time, part-time, and seasonal employees be given paid sick leave.

Employers with 15 or fewer employees must provide 24 hours of paid sick leave each year. Those with more than 15 employees must provide 40 hours each year.

Paid time off can be used for a worker’s physical or mental illness, including preventative care or the treatment of a family member or individual for whom the worker has the equivalent of a family relationship. The leave can also be used for “safe time” reasons, such as attending to the needs of the worker or a family member if they are victims of:

  • Domestic violence
  • A sexual offense
  • Stalking

The paid leave can also be used during a public health emergency. For example, leave can be taken if the worker’s place of business is closed because of a public health emergency or to care for a child whose school or childcare provider has been closed due to a public health emergency.

California paid sick leave laws

California employers must provide 1 hour of paid sick leave for every 30 hours worked to full-time, part-time, and temporary workers, up to 48 hours. However, the law does not cover:

  • Federal employees
  • Specific state and municipal employees
  • Certain flight deck or cabin crew employees

The California law applies to all employers regardless of size.

Employees can take sick leave for their own health condition or the health condition of a family member, including preventive treatment, or for certain COVID-19-related reasons. Employees may also take leave for safe time reasons if they are victims of domestic violence, sexual assault, or stalking.

Supplemental paid leave (an additional 80 hours) for COVID reasons is also available until September 30, 2022. Employers with 26 or more employees must comply. The law does not cover federal employees.

In addition, California’s OSHA has a regulation in place until 2023 intended to prevent COVID in the workplace. The law was issued in November 2020 and expires on January 1, 2023. It provides paid time off for certain workers who are excluded from the workplace for work-related COVID-19 exposure. For example, it excludes employees who work from home or places of employment with one employee who does not have exposure to others.

California paid family leave

Unless expressly excluded by the regulation, all California employers must provide 8 weeks of paid family leave to care for a:

  • Child
  • Spouse
  • Parent
  • Domestic partner

Payments are about 60 to 70% of the previous weekly wages.

California unpaid family leave

Employers with 5 or more employees must provide workers with up to 12 weeks of unpaid, job-protected leave to care for a:

  • Child
  • Parent
  • Spouse
  • Domestic partner
  • Sibling
  • Grandparent
  • Grandchild
  • Parent-in-law

The time off can be combined with as many as 4 months of maternity leave.

Employees must have at least 12 months of service plus 1,250 hours worked in the last 12 months before taking leave.

Other California leave requirements

California employers must also provide time off for many other reasons, including:

  • Bone marrow and organ donor leave (covering employers with 15 or more employees)
  • Civil Air Patrol leave (covering employers with more than 15 employees)
  • Domestic violence and crime victim leave
  • Drug and alcohol rehabilitation leave (covering employers with 25 or more employees)
  • Election official leave
  • Family military leave (covering employers with 25 or more employees)
  • Jury duty leave
  • Kin care leave
  • Leave to attend judicial proceedings
  • Literacy leave (covering employers with 25 or more employees)
  • Military leave
  • Pregnancy disability leave (covering employers with five or more employees)
  • School activities leave (covering employers with 25 or more employees)
  • School discipline leave
  • Voting leave

Certain California cities have paid sick leave requirements that provide additional benefits to employees. In general, employers must follow whichever rule is more generous to employees.

Berkeley paid sick leave

Berkeley, California, employers must provide 1 hour of paid sick leave for every 30 hours worked for all employees, including undocumented workers. Employee means anyone who performs at least 2 hours of work for an employer within the city’s geographic boundaries in a calendar week.

Small business employers with fewer than 25 employees may cap an employee’s accrued paid sick leave at 48 hours and may also limit the use of paid sick leave to 48 hours per year. Employers with 25 or more employees may cap an employee’s accrual of paid sick leave at 72 hours. Still, they may not restrict how much paid sick leave an employee uses in a calendar year.

Employees can use the leave for their own physical or mental illness or injury or a family member’s physical or mental illness.

Emeryville paid sick leave

Emeryville workers get 1 hour of paid sick leave for every 30 hours worked. Employees of small businesses — 55 or fewer employees — may accrue 48 hours of paid sick leave a year, and employees of large companies — 56 or more employees — may accrue up to 72 hours a year.

Full-time, part-time and temporary employees who work in Emeryville at least hours in a calendar week are covered.

Employees may use the paid sick leave to care for their own illness or condition or a family member’s illness or condition. The leave can also be used for reasons related to COVID-19, such as quarantine. The employee can also be used to take care of a service dog or to address particular needs that may arise if the worker is a victim of domestic violence.

The city of Los Angeles paid sick leave

Los Angeles employers must allow employees to take up to 48 hours of paid sick time per year.

Full-time, part-time and temporary workers who work at least 2 hours per week and for the same employer for at least 30 days a year are eligible.

Los Angeles paid sick leave can be used for the employee’s care and a family member’s care. The leave can also be used when workers take time off work for public health reasons such as quarantine or the temporary closure of the employee’s workplace.

Oakland paid sick leave

Oakland employees — part-time, full-time, and temporary — accrue 1 hour of paid sick leave for every 30 hours worked. Workers are covered regardless of immigration status.

Small businesses with fewer than 10 employees must offer at least 40 hours of paid sick leave. Larger companies (those with 10 employees or more) must offer 72 hours of paid sick leave.

Any employee who works in the City of Oakland and who works a minimum of two hours per week is covered by the paid sick leave law.

Employees can use the leave for preventive care, to recover from physical or mental illness/injury, or care for a family member.

San Diego paid sick leave

San Diego employers must provide each employee with 1 hour of paid sick leave for every 30 hours worked up to a maximum of 80 hours. However, employers may limit an employee’s use of earned sick leave to 40 hours in a benefit year.

Eligible employees include full-time, part-time, and temporary workers employed in San Diego for at least 2 hours per calendar week. However, the law does not cover federal and state employees, independent contractors, and a few other narrow groups.

Employees may use sick leave for their own medical care or for the medical care of a family member. San Diego paid sick leave can also be used during a public health emergency to address issues arising from domestic violence, sexual offenses, or stalking.

San Francisco paid sick leave

Employers must provide 1 hour of paid sick leave to every employee who works full-time or part-time in San Francisco. The paid sick leave is capped at 40 hours for employers with less than 10 employees, and the sick leave requirement is capped at 72 hours for employers with 10 or more employees.

The leave can be used to recover from physical/mental illness or injury, care for a family member, or address needs that may arise if the worker is a victim of domestic violence, sexual offense, or stalking. Sick time can also be used for specific COVID-19-related reasons, including quarantine or the worker’s employer temporarily closing based on a recommendation from a public health official.

Santa Monica paid sick leave

Under Santa Monica’s paid sick leave law, employees, which includes full-time, part-time, and temporary workers, accrue 1 hour for every 30 hours worked.

Eligible employees must work at least 2 hours per week in Santa Monica.

Employees can earn up 40 hours for small businesses (25 or fewer employees) and 40 hours for larger companies (those with 26 or more employees).

Employees can use the leave to recover from an illness, for treatment involving an illness, and for preventive care for the employee or a family member. The leave can also be taken to address needs related to domestic violence, sexual offense, or stalking.

West Hollywood, California

The city of West Hollywood has enacted paid and unpaid leave requirements for all private employers.

Employees must work at least 2 hours in a particular week to qualify.

The ordinance requires that employers provide up to 96 hours of paid time off for full-time employees over 12 months. Leave for part-time workers is prorated.

The paid leave can be taken for illness, vacation, or personal necessity.

Employers must provide an additional 80 hours of unpaid sick leave to full-time employees if the original leave is exhausted.

Colorado paid sick leave law

Employees earn 1 hour of paid sick leave for every 30 hours worked and can take up to 48 hours of leave each year. All employers must offer the benefit.

Employees can use their leave to care for their physical or mental health or a family member. The leave can also be taken for domestic violence, harassment, or sexual abuse of the worker or a family member. Workers can also use their leave if a public health official has closed the employee’s workplace or the employee’s children’s school or childcare has closed due to a health emergency.

There are 2 types of sick leave: general earned paid sick leave, and emergency paid sick leave.

Emergency paid sick leave is additional paid sick leave that comes into play when a public health emergency has been declared related to:

  • Infectious pandemics
  • Epidemics
  • Bioterrorism

Full-time covered workers must be provided with up to 80 additional hours of sick leave. Those who work less than 40 hours must be given an additional amount of sick time based on the number of hours they usually work or are scheduled to work in a two-week period.

Family leave

Colorado workers will be able to take up to 16 weeks of job-protected, paid family and medical leave in 2024. Employees will receive up to 90% of their pay during their leave. Premium collections to the program begin in 2023.

Employees who have earned at least $2,500 in wages are generally eligible. Self-employed workers can choose to participate.

Covered workers can take leave:

  • For their own serious health condition
  • For the serious health condition of a family member
  • To care for a child through birth, adoption, or foster care placement

Leave can also be taken when a family member is deployed by the military and in instances involving domestic violence or sexual assault, or abuse

Small businesses do not have to comply with parts of the leave requirement. Employers with fewer than 10 employees do not have to pay the employer portion of the premium. However, their employees can choose to participate.

Connecticut paid sick leave law

Connecticut employers with more than 50 employees must provide 1 hour of paid sick leave for every 40 hours worked by a service worker. In general, a service worker is an hourly, non-exempt employee. Part-time workers are covered by the law, but temporary workers are not.

The leave can be used to treat a worker’s or a family member’s physical or mental illness, including preventive care. Workers can also take leave if they are victims of family violence or sexual assault. This includes time for psychological counseling and civil or criminal proceedings related to the violence or sexual assault.

The leave can’t be used when public health officials close an employee’s workplace or their child’s school or childcare because of a public health emergency unless a qualifying reason for leave already exists.

Connecticut paid family leave

Connecticut workers can get as many as 14 weeks of paid family leave. Workers can get paid up to 95% of their income. However, the leave is not job-protected.

Private sector organizations with one or more employees working in Connecticut, except those in private elementary or secondary schools, must comply.

Leave can be taken for starting or expanding a family, for the care of the employee or a family member, to deal with family violence, and for a family injured during active military duty. The leave available under the state plan does not apply to situations when employees cannot work because of school or daycare closures.

Connecticut Unpaid Family Leave

Connecticut also offers uncompensated family leave. The requirement applies to most employers with 75 or more employees. Employees must have at least 1,000 hours of service during the 12 months preceding the leave.

Workers can take up to 16 weeks of unpaid leave in a 2-year period to care for a child, parent, spouse, parent-in-law, or stepparent.

Delaware paid family leave

The “Healthy Delaware Families Act” provides 12 weeks of paid, job-protected family and medical leave for eligible workers. Workers can receive up to 80% of their wages. Covered workers can begin taking leave in January 2026.

Employers with less than 10 employees in Delaware, a business that is closed for 30 consecutive days or more a year, and the federal government do not have to comply.

Employees must work for their employer for 1 year before qualifying for the benefit.

Hawaii unpaid family and medical leave

Hawaii offers unpaid family and medical leave. Private employers with 100 or more employees must comply. Public employees are excluded.

Workers with six months of consecutive employment are eligible.

Employees get up to 4 weeks a year. Leave can be taken for the birth or adoption of a child and to care for a family member with a serious health condition.

Illinois sick leave laws

The Illinois Employee Sick Leave Act doesn’t require that employers provide paid sick leave. It does, however, require that employers who offer paid or unpaid leave allow for “kin care.” Illinois employers who provide personal sick leave to their employees must let employees take leave to care for a family member.

The law covers all Illinois employers who provide personal sick leave benefits to their employees.

Illinois family bereavement act

The Family Bereavement Act requires Illinois employers to grant FMLA-eligible employees 10 workdays of unpaid leave annually to grieve the death of a child. Beginning January 1, 2023, the expanded definition of family member goes into effect and will include fertility-related losses.

Chicago paid sick leave

Those employed in the Windy City earn 1 hour of paid sick leave for every 40 hours worked. Salaried employees who are exempt from overtime requirements accrue 1 hour of paid sick leave for each week of employment.

All Chicago employers must provide paid sick leave.

Leave is capped at 40 hours over 12 months. Employees are allowed to carry over up to 20 hours of unused leave. In both instances, however, employers can set a higher limit.

Employees who work at least 80 hours within 120-days are covered by the ordinance, including:

  • Home health care workers.
  • Day laborers
  • Tipped workers
  • Domestic employees

In addition, workers are covered regardless of immigration status.

Employees may use sick leave to care for themselves or their families during public health emergencies or when the employee or family member is the victim of domestic violence or sexual abuse.

Cook County paid sick leave

The paid sick leave requirement for Cook County, Illinois, is similar to Chicago’s ordinance.

Individuals are entitled to benefits under the ordinance if they work at least 80 hours for a covered employer over 120 days. Employees accrue 1 hour of paid sick leave for every 40 hours worked. The maximum amount of paid sick leave is 40 hours over 12 months.

Sick leave can be taken for the same reasons as the Chicago law.

Maine paid leave

Maine employees accrue 1 hour of paid leave for every 40 hours worked up to 40 hours of paid time off per year under Maine’s leave law. Leave can be taken for any reason.

Small businesses with fewer than 10 workers are exempt from the law.

Leave is compensated at the employee’s base rate of pay.

Family leave

Maine also offers unpaid family and medical leave. Private employers with 15 or more employees must comply as well as all state employers and local governments with 25 or more employees.

Workers are allowed to take up to 10 weeks in a 2-year period. The leave can be taken for the care of a family member.

Maryland paid sick leave law

Maryland employers with 15 or more employees must provide up to 40 hours of paid sick leave. Employers with 14 or fewer employees must offer unpaid sick and safe leave.

Employees can use leave for:

  • The physical or mental health of the employee or a family member
  • Maternity or paternity leave
  • Responding to a domestic or sexual assault of the employee or a family member

Employers may cap the use of paid leave at 64 hours per year.

Paid family and medical leave

Maryland’s “Time to Care Act of 2022” provides workers up to 12 weeks of job-protected, paid leave starting in 2025 for a worker’s serious health condition or for the employee to care for a family member. An additional 12 weeks of leave is available in certain circumstances.

Workers can take leave beginning in 2025. They will receive up to 90% of their average weekly wage, capped at $1,000.

Employees must work at least 680 hours in the 12 months before taking leave to qualify for the benefit. Self-employed individuals can also choose to take part. Remote employees in Maryland are covered by state law.

Private and public sector employers with one or more employees must comply. However, only employers with 15 or more employees must contribute to the state fund that pays for the leave. Those contributions start in October 2023.

Maryland workers must exhaust their employer-provided leave before receiving benefits under the new law.

Montgomery County paid sick leave

Montgomery County, Maryland, workers earn 1 hour of leave for every 30 hours worked up to 56 hours a year under the county’s sick, safe, and public health emergency leave.

Those working more than 8 hours a week in the county qualify for coverage. Independent contractors are not covered.

The amount of leave earned by the employee varies with the employer’s size. Employers with fewer than 5 employees accrue up to 32 hours of paid leave and 24 hours of unpaid leave. They may not use more than 80 hours of earned leave a year. Employers with five or more employees may earn up to 56 hours per year of leave and may not use more than 80 hours of earned leave a year.

Employees may use the time off to take of their own or family members’:

  • Mental or physical illness or injury
  • Parental leave
  • Public health emergencies, including childcare and workplace closures

The leave can also be taken for matters related to domestic violence, sexual assault, or stalking.

Massachusetts paid sick leave law

Massachusetts employers must provide paid or unpaid sick leave depending on their size. Employers with fewer than 11 employees must provide up to 40 hours of unpaid sick time per calendar year. Employers with 11 or more employees must provide up to 40 hours of paid sick time per calendar year.

Full-time, part-time, seasonal, per diem, and temporary workers are eligible for the benefit.

Workers may use earned sick time for their illnesses, injuries, routine medical appointments, and instances of domestic violence. They can also use earned sick time to care for family members.

Paid family and medical leave

Massachusetts workers can also qualify for paid, job-protected family and medical leave. All employers, regardless of size, must comply.

Full-time, part-time, and seasonal workers who work in Massachusetts and self-employed individuals can participate.

Workers can take from 12 to 26 weeks of leave for their health conditions, for parental bonding, or to care for a family member who is part of the military service.

The maximum weekly benefit is $850 a week.

Unpaid family and medical leave

Massachusetts also offers unpaid family and medical leave. Employers with at least 50 employees must provide up to 24 hours of unpaid leave each year. The leave is restricted to participating in children’s educational activities or accompanying a child, spouse, or elderly relative to medical appointments. Relatives are defined as one child, a spouse, or an elderly relative.

Michigan paid sick leave law

Employers with 50 or more employees must comply with Michigan’s Paid Medical Leave Act. The employee count includes all workers, regardless of the number of hours they work.

Employees accrue 1 hour of paid sick leave for every 35 hours worked, up to 40 hours per year.

Workers on leave are paid at the regular rate of pay.

Leave can be taken for the physical or mental illness or injury of the employee or a family member, during a public health emergency, and in instances of domestic violence and assault.

There are, however, several exceptions to who qualifies for the leave. For example, overtime-exempt employees and those who worked less than 25 hours a week on average in the prior calendar year do not qualify for the benefit.

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Minnesota leave laws

Minnesota has an unpaid family and leave requirement. Employers with 21 or more employees must provide up to 6 weeks, 10 working days, or 40 hours of unpaid leave, depending on the reason for leave for the care of a family member.

Workers must have worked for their employer at least half-time for 12 months.

Leave can be taken for prenatal care, the birth or adoption of a child, or a pregnancy-related health condition.

Other types of leave in Minnesota

Employers with 2 or more employees must provide eligible workers up to 16 hours of unpaid leave over 12 months. Employees must be allowed to attend their children’s school-related activities, such as conferences, that cannot be conducted during working hours.

Larger employers must provide as many as 40 hours of paid leave so that workers can donate bone marrow. Employers with 20 or more employees must comply.

While paid leave isn’t a requirement at the state level, three of Minnesota’s largest cities have passed paid sick leave laws.

Duluth paid sick leave

Employers with 5 or more employees must provide up to 40 hours of paid sick time a year to Duluth workers. Workers earn leave at the rate of 1 hour of paid sick leave for every 50 hours worked, up to a total of 64 hours per year. However, employers can limit time off to 40 hours a year.

The leave for a public health emergency, for the worker’s health issues or those of a family member, and in instances of domestic abuse, sexual assault, and stalking.

Minneapolis paid sick leave

Larger employees, those with 6 or more employees, must provide 48 hours of paid sick and safe time a year. Smaller employers with 5 or fewer employees must provide 48 hours of unpaid ​sick time a year.

Employees earn 1 hour of sick time for every 30 hours worked.

​Employees who typically work at least 80 hours in a benefit year within the geographical boundaries of Minneapolis are covered under the local requirement.

The time off can be used for the employee’s care or the care of a family member, during a public health emergency when the worker’s workplace or a child’s childcare or school has been closed, and in instances where the worker or a family member is a victim of domestic abuse, sexual assault, or stalking.

St. Paul paid sick leave

All Saint Paul employers with employees working in Saint Paul must provide earned sick and safe time. Employees, whether full‐time, part‐time, temporary, or paid-on-call, who work 80 hours or more in a year in the city are covered.

Employees accrue 1 hour for every 30 hours worked, up to a maximum of 48 hours a year.

The leave can be used for an employee’s illness, medical appointments, or similar care for a family member. It can be used during a public health emergency when the employee’s place of work has been closed or the employee’s child’s school or childcare has been shut down. The leave can also be used for safety matters such as domestic violence, sexual assault, or stalking.

Nevada leave for any reason

Private employers with 50 or more employees in Nevada must provide 40 hours of paid leave within a benefit year for any reason to employees who work 40 hours a week. However, new businesses are not required to comply with the law during the first 2 years of operation.

Compensation is at the employee’s rate of pay at the time leave is taken.

New Jersey paid sick leave law

All employers in New Jersey are required to provide full-time, part-time, and seasonal employees with 40 hours of paid sick leave a year. Workers earn 1 hour of paid sick time for every 30 hours worked up to a maximum of 40 hours. Independent contractors are not covered.

Employees get their regular rate of pay while out on leave.

A worker can use New Jersey paid sick leave to care for themself or a loved one, including diagnostic and preventive treatment. The leave can also be used during a public health emergency and when the worker or a family member is a victim of domestic violence, sexual assault, or stalking.

Paid family leave

New Jersey’s paid family leave insurance provides eligible employees up to 12 continuous weeks or 56 intermittent days of paid leave to care for newborns and newly adopted children. Workers can also get up to 12 weeks of paid leave to care for a family member or loved one suffering from a serious health condition.

Employees must have at least 20 weeks of service or earned at least $1,000 times the state minimum wage during the 52 weeks preceding the leave.

While out on leave, employees are paid 85% of their average weekly wage, up to $903 a week in 2021.

To be eligible, employees must have worked 20 weeks earning at least $240 weekly or have earned $12,000 in the 18 months before taking leave.

Paid family leave in New Jersey also includes temporary disability insurance (TDI). TDI is paid leave provided to a worker for a non-work-related injury, including pregnancy. TDI is available for up to 26 weeks over 12 months.

For example, workers received 85% of their average weekly wage, up to a weekly benefit of $903 in 2021.

New Jersey’s TDI program’s eligibility requirements are the same as those for paid family leave.

Unpaid family leave

New Jersey workers can also get unpaid family leave under the state family and medical leave law. Employers with 30 or more employees must provide up to 12 weeks of unpaid leave over 2 years to care for a family member or domestic partner.

The state law was recently amended to allow leave when the governor declares a state of emergency because of an epidemic of a communicable disease.

To be eligible, employees must have at least 12 months of service and a minimum of 1,000 hours of service during those 12 months.

Safe time Leave

The New Jersey SAFE Act requires that employers provide up to 20 days of unpaid leave in 12 months to address domestic violence or a sexually violent offense. The victim or a family member may take the leave.

New Mexico paid sick leave laws

Starting July 1, 2022, New Mexico employees earn 64 hours of paid sick leave. Employees accrue 1 hour of sick leave for every 30 hours worked.

Private employers with at least 1 employee working in the state, including part-time, seasonal, and temporary workers, must comply. Public employers, local, state, and federal government employees, are exempted.

Pay is at the employee’s regular rate with the same benefits, including healthcare benefits.

Employees may use the leave for reasons including the worker’s or a qualifying family member’s illness or injury or to deal with certain legal and family issues.

Bernalillo County, New Mexico

The “Employee Wellness Act” requires that all businesses with at least 2 employees offer all employees 1 hour of paid time off for every 32 hours worked, up to a maximum of 56 hours a year over 3 years.

Employees can use the leave for any reason.

The New Mexico county was the first to approve such a law. Two other states, Nevada and Maine, have a similar “leave for any reason” law on the books.

New York paid sick leave laws

New York State requires that all employers provide sick leave. The amount of leave and whether it is paid or unpaid depends on the employer’s size. In general, employers with 5 or more employees or with a net income of more than $1 million must provide paid sick leave to employees. Employers with fewer than 5 employees and a net income of $1 million or less must provide unpaid sick leave to employees.

All private-sector employees in New York State are covered.

Employees earn 1 hour of paid sick leave for every 30 hours worked to deal with their own health or care for a sick family member. The leave can also be used to take care of matters involving domestic violence, sexual offense, stalking, and human trafficking.

New York State family leave

Paid family leave is also available to workers in New York. Workers can take up to 12 weeks of paid, job-protected leave to:

  • Bond with a new child
  • Care for a family member with a serious health condition
  • Assist loved ones when a family member is deployed abroad on active military service.

Paid family leave in New York is also available if a worker or a minor dependent child is ordered to quarantine because of COVID-19.

Employees get 67% of their average weekly wage while on leave.

New York City paid sick leave

New York City employers must provide sick leave. In most instances, the leave must be paid. Employers with 100 or more employees must provide up to 56 hours of paid leave each calendar year. Employers with 5 to 99 employees must provide up to 40 hours of paid leave each calendar year. On the other hand, employers with 4 or fewer employees and a net income of less than $1 million must provide up to 40 hours of unpaid leave each calendar year.

The law covers full-time, part-time, temporary, per diem, on-call, undocumented employees, and domestic workers. Independent contractors are not protected by the law.

The leave may be used to care for the employee’s or a family member’s mental or physical illness or injury, including preventive medical appointments and for matters related to domestic violence, unwanted sexual contact, and stalking.

Special leave for Covid-19 vaccinations is available. Under NYC law, workers get an additional 4 hours of leave for each child’s vaccination and for each vaccine injection.

New York first responders and other state employees who developed health conditions after working at the World Trade Center site following the 9/11 terror attacks are entitled to unlimited sick leave at 100% of their regular salary.

Westchester County paid sick leave

Westchester County, New York’s, earned sick leave was preempted by the paid sick leave law approved by the state because it offered the same or more significant benefits. However, local officials determined that the portions of the law regarding domestic workers are still in effect.

Westchester County’s earned sick leave law for domestic workers gives covered workers up to 40 hours of paid sick time a year. Workers earn 1 hour for every 7 days of work.

The job-protected leave can be taken for a worker’s recovery from a physical or mental illness, including preventive care. Leave can also be taken to care for a family member and during public health emergencies.

Oregon paid sick leave laws

Oregon has a bifurcated sick leave requirement. Larger employers with 10 or more employees must provide job-protected, paid leave each year. Smaller employers with fewer than 10 employees must provide job-protected, unpaid leave.

Employers can limit the leave to 40 hours each year.

Workers accrue sick time at the rate of 1 hour for every 30 hours worked.

Employees can use the leave:

  • To take care of mental or physical injuries and illnesses suffered by themselves or a family member
  • For parental leave
  • During a public health emergency
  • To handle matters related to domestic violence, harassment, sexual assault, or stalking.

In addition, leave can be taken in instances where a public health official has determined that the air quality or heat index would jeopardize an employee’s health.

Oregon paid family and medical leave

Oregon workers can start taking job-protected leave for family and medical reasons in January 2023. Employees can take up to 12 or 14 weeks off, depending on the reason for the requested leave.

The law applies to all employers with 1 or more employees working anywhere in the state, except those working for the federal government. Tribal governments and the self-employed can also elect to take advantage of the benefit.

Low-income workers will receive 100% of their wages while out on leave. Higher-income workers will receive partial wage replacement, depending on their income.

Employees are eligible for leave if they have received at least $1,000 in wages during the base year.

Employees can take leave:

  • For family matters such as the birth or adoption of a child
  • So that the employee can care for their own illness or the illness of a sick family member
  • For dealing with issues related to domestic violence, harassment, sexual assault, or stalking.

Oregon unpaid family and medical leave

Unpaid family and medical leave is also available. Eligible employees can take up to 12 weeks of unpaid, job-protected leave a year to care for a family member or someone with whom they have a parental relationship. Employees must have at least 25 hours of service per week in the last 180 days. Businesses that have 25 or more employees must comply.

Pennsylvania paid sick leave laws

Pennsylvania does not require that private employers provide sick leave, whether paid or unpaid. The state’s two largest cities, Philadelphia and Pittsburgh, require sick leave, as does Allegheny County. Of course, many employers provide sick leave as an employee benefit.

Allegheny County

The County’s paid sick time law provides workers up to 40 hours of sick time a year. Allegheny County employers with 26 or more employees must comply.

Eligible workers earn 1 hour of leave for every 35 hours worked in the city limits, up to a maximum of 40 hours a year.

Covered workers included full-time and part-time workers, regardless of immigration status. However, the law does not cover:

  • Federal and state employees
  • Independent contractors
  • Certain seasonal employees

The leave can be used for a worker’s or a family member’s physical or mental illness or injury or during a public health emergency.

Philadelphia paid sick leave

Philadelphia employers with 10 or more employees must provide paid sick leave. In contrast, smaller businesses with less than 10 employees must provide unpaid sick leave time for employees.

All employees, including part-time and temporary workers, who work in Philadelphia for at least 40 hours each year are covered. Employees earn sick 1 hour of sick leave for every 40 hours worked during a year, up to a maximum of 40 hours a year.

Those who are not covered by the ordinance include:

  • Independent contractors
  • Seasonal workers
  • Temporary workers hired for a term of fewer than 6 months
  • Adjunct professors
  • Interns
  • Health care professionals
  • Pool employees.

The leave can be used for a worker’s or a family member’s mental or physical illness, including preventive care. Issues related to domestic violence, sexual assault, or stalking in instances where the worker or a family member is a victim are also covered.

Philadelphia Covid-19 paid leave

Employers with 25 or more employees must provide up to 40 hours of immediate, additional paid sick leave to eligible employees when they cannot work for specific COVID-19 reasons between March 9, 2022, and December 31, 2023.

The leave can be taken for a worker’s or a family member’s recovery from Covid-19, when childcare or schools have been closed, in times of quarantine, and to get a Covid-19 test or vaccine.

This paid sick leave is in addition to the employee’s existing leave. It must be used before the employee’s existing accrued paid time.

Employers can request that employees submit a self-certified statement stating that leave was used for Cove-19 reasons.

Pittsburgh paid sick leave

Pittsburgh employers must provide employees with 1 hour of paid sick leave for every 35 hours of work.

The maximum allowable leave per year depends on the company’s size. Employers with 15 or more employees can cap leave at 40 hours a calendar year. However, employers with fewer than 15 employees can cap leave at 24 hours per calendar year.

The sick leave law does not apply to:

  • Independent contractors
  • State and federal employees
  • Seasonal employees
  • Members of a construction union covered by a collective bargaining agreement

Qualified employees can use the paid sick leave for their own mental or physical illness or preventive medical care, a family member’s illness or medical care, and during public health emergencies.

Rhode Island paid sick leave law

Businesses with 18 or more employees must provide workers 40 hours a year of paid sick and safe days. Smaller companies with less than 18 employees must provide workers with 40 hours of unpaid leave.

Full-time, part-time, seasonal, and temporary employees earn 1 hour of leave for every 35 hours they work.

Employees can use the paid sick time for an employee’s or family member’s illness or injury, including routine medical appointments, and for reasons relating to domestic violence, sexual assault, or stalking.

Rhode Island paid family and medical leave

All Rhode Island employers must comply unless excluded by the regulation. Employees can take up to 5 weeks of leave (6 weeks in 2023) or up to 30 weeks of partial paid job-protected leave, depending on the reason for the leave. The leave can be taken to care for a family member, including a domestic partner.

Wage replacement is 60%. The maximum benefit payment is $795 per week, and the minimum benefit payment is $84 per week.

Rhode Island unpaid family and medical leave

Businesses with 50 or more employees must provide eligible workers with up to 13 weeks of unpaid leave over 2 years for the care of a family member.

South Carolina paid parental leave for state employees

Starting October 1, 2022, state employees who welcome a new child via birth or adoption can take up to 6 weeks of paid leave for primary caregivers and 2 weeks for secondary caregivers. State employees who foster a child will receive 2 weeks of paid leave. Employees do not have to use up any of their paid vacation or sick days before taking advantage of the paid parental leave.

Gov. Henry McMaster signed the bill into law in May 2022.

Texas paid sick leave laws

There is no Texas state law requiring private-sector employers to provide employees sick or family leave, whether paid or unpaid. However, many employers offer it as an employee benefit. Attempts by several cities in the Lone Star State to make leave mandatory for employers have been hung up in the courts.

The city of Austin recently approved 6 weeks of paid parental leave for “sworn police, fire, and EMS employees.” City officials noted that “non-sworn employees” make up most of the city staff and have had the paid time off benefit since 2013.

Vermont paid sick leave law

Employers must provide Vermont employees with 1 hour of paid sick time for every 52 hours of work, including overtime up to 40 hours to address particular personal and family needs.

Sick time can be used when the employee or a family member is ill or injured. Leave can also be taken for public health or safety reasons and in instances of domestic violence, sexual assault, or stalking.

Independent contractors, federal employees, employees under 18, temporary workers scheduled to work up to 20 weeks, and certain state, school, and healthcare employees are excluded from coverage.

Vermont unpaid family and medical leave

Employers with 10 or more employees, or employers with 15 or more employees, depending on the reason for leave, must provide up to 12 weeks of unpaid leave in 1 year. The leave can be taken to address the needs of a child, parent, spouse, or parent-in-law. An additional 24 hours to attend to routine or emergency medical needs or to participate in children’s educational activities is also available.

Virginia paid sick leave law

There is no Virginia law requiring private-sector employers to provide employees sick leave, paid or unpaid. However, many employers do grant it as an employee benefit. Even so, home health workers in the Old Dominion state who average at least 20 hours per week or 90 hours per month get paid sick leave.

Eligible workers earn 1 hour of paid sick leave per every 30 hours worked, with a cap of 40 hours per year. Home health workers can use their paid sick leave to care for themselves or family members.

Washington state paid sick leave laws

Washington employers are required to provide 1 hour of paid sick leave for every 40 hours an employee works. The law applies to every Washington employer.

Part-time and seasonal workers are eligible for leave. However, there are several exceptions, including executive managers, doctors, lawyers, and dentists.

Eligible workers can use the leave for their care or the care of a family member if the employer’s workplace has been closed by public officials for health-related reasons and for absences related to domestic violence.

Paid family and medical leave

Washington also has a paid family and medical requirement. All employers, unless excluded, must provide up to 12 weeks of paid leave that can be taken for the care of:

  • A family member
  • Domestic partners
  • Anyone the employee is expected to care for at home

The cities of Seattle and Tacoma also have leave requirements for private employers.

Seattle paid sick leave

Seattle employers with at least one employee working in Seattle must provide paid sick leave. However, the amount of leave varies depending on the employer’s size.

Employers with:

  • Up to 49 full-time equivalent employees must provide 1 hour of paid sick leave for every 40 hours worked, not to exceed 40 hours per year. Up to 40 hours of paid sick leave can be carried over to the following calendar year.
  • 50-249 employees must provide 1 hour of paid sick leave for every 40 hours worked, not to exceed 56 hours per year. Up to 56 hours of paid sick leave can be carried over to the following calendar year.
  • 250 or more employees must provide 1 hour of paid sick leave for every 30 hours worked, not to exceed 72 hours per year.

Leave can be used for the worker’s illness or injury or the illness or injury of a family member. Seattle paid sick leave can also be used during a public health emergency and for reasons related to domestic or sexual violence and stalking.

Tacoma paid sick leave

Tacoma’s paid sick leave law applies to all employees within the city limits who work 80 hours or more, even if the business is based in another city or state.

Workers earn 1 hour for every 40 hours worked. There is no limit on accrual.

The paid leave can be used for an employee’s illness or injury or that of a family member. The leave can also be used during a public health emergency for reasons associated with domestic violence or sexual assault and bereavement.

Washington, DC paid sick leave law

The District of Columbia requires that employers provide paid sick leave. The amount varies depending on the size of the employer.

Employers with:

  • 100 or more employees must provide 1 hour of paid leave for every 37 hours worked, not to exceed 7 days per calendar year.
  • 25-99 employees must provide 1 hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year.
  • 24 or fewer employees must provide 1 hour of paid leave for every 87 hours worked, not to exceed 3 days per calendar year.

Full-time and part-time workers can use the leave to care for themselves, including preventive care or an ill family member. The leave can also be used for “safe time” reasons, such as obtaining services associated with domestic violence, stalking, or sexual assault, including participation in criminal and civil legal proceedings.

Unlike many other sick leave laws, the leave does not explicitly state that it can be used because your workplace or child’s school or daycare is closed. However, leave can probably be taken for such a reason if you are sick or caring for a family member.

Additional paid time off is available until October 1, 2022, to employees for COVID-19 vaccines and boosters.

Washington, DC paid family leave

All employers must provide paid family leave unless excluded under the law. Depending on the reason for the leave, workers are eligible for up to 2 weeks, 6 weeks, or 8 weeks of leave for their own or the care of a family member.

Washington DC unpaid family leave

Unpaid family leave is also available to DC workers under DC’s equivalent to the federal Family and Medical Leave Act. The District of Columbia Family and Medical Leave Act applies to employers with 20 or more employees.

Employees must have at least 1,000 hours of service in the 12 months preceding the leave.

Up to 16 weeks of unpaid, job-protected family leave and 16 weeks of medical leave within a 2-year period are allowed.

Leave can be after the birth of a child and after adoption or foster care placement. It can also be taken for a worker’s serious health condition and the care of a family member with a serious health condition.

Family members include anyone with whom the employee lives and has a committed relationship.

Wisconsin unpaid family leave

Unpaid family leave is available to Wisconsin employees. Employers with at least 50 employees must comply. Eligible employees must have at least 52 consecutive weeks of service and have at least 1,000 hours of service during that time. Workers can take up to 2 weeks or up to 6 weeks of unpaid leave (depending on the reason for the leave) to care for a family member.

Editor’s note: This article is for informational purposes and is not meant to provide legal, regulatory, accounting, or tax advice. This article was last updated on June 30, 2022.

 

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