Guide to Paid Sick Leave: State-by-State Requirements
Are you required to provide paid sick leave to your employees? This is an essential question for businesses, especially those with employees in multiple states. Many states mandate what is often called “Sick-and-Safe Leave,” which allows employees to use paid time off for their own health needs or to care for a loved one. Each state’s laws are distinct, so it is vital to understand the specific rules that apply to your business.
Note: This guide is intended to help you set up paid sick leave in Beyond and does not cover unpaid leave. Paid sick leave is different from paid family medical leave (PFML), which is a separate topic.
What We'll Cover
We will provide a breakdown of states with paid sick leave laws, who is covered, and how leave is accrued and used. We will also address frequently asked questions for each state’s policy. For detailed guidance on your specific state or city’s sick leave laws, you should contact your local authorities.
Need help setting up leave accruals in Beyond? We have a separate guide for that.
The following states require employers to provide paid sick leave:
- Arizona
- California
- Colorado
- Connecticut
- DC
- Maine
- Maryland
- Massachusetts
- Nevada
- New Jersey
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
Arizona
The Fair Wages and Healthy Families Act (Proposition 206) requires employers to provide paid sick leave. Below are some frequently asked questions about the state’s requirements. For more information, please visit the Industrial Commission of Arizona’s website.
Frequently Asked Questions
- How much earned paid sick time must an employer offer?
- For employers with fewer than 15 employees: Employees must accrue at least one hour of paid sick time for every 30 hours worked, capped at 24 hours per year unless the employer sets a higher limit.
- For employers with 15 or more employees: Employees must accrue at least one hour of paid sick time for every 30 hours worked, with a maximum accrual of 40 hours per year unless the employer sets a higher limit.
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- Who is eligible for this leave?
- All full-time, part-time, and temporary employees are covered under the law.
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- Is leave earned during overtime?
- Exempt employees are assumed to work 40 hours per week and will accrue sick leave at that rate. Non-exempt employees continue to earn sick leave during overtime hours.
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- Can leave be limited or capped if carried over?
- Employees accrue time from their date of hire, but employers can limit its use until an employee has been employed for 90 days.
- Employers must allow employees to carry over unused time year to year or pay it out at the end of the year. If time is carried over, employers can cap its use at 40 hours per year.
- Employers must allow sick leave to be used in minimum one-hour increments.
California
The Healthy Workplaces/Healthy Families Act of 2014 (AB 1522), along with the 2023 SB-616 amendment, requires employers to provide paid sick leave.
- Employees must accrue at least 3 days (24 hours) of sick leave or paid time off by their 120th day of employment (accruing one hour for every 30 hours worked).
- By their 200th day of employment, employees must have accrued no less than 5 days (40 hours) of paid sick leave.
- Employers using an accrual method must allow for continuous accrual with a carryover of unused hours, up to a minimum cap of 10 days (80 hours).
- Employers who front-load 5 days (40 hours) of paid sick leave each year are not required to allow for carryover.
- Employers may limit an employee’s use of paid sick leave to 5 days within the year.
- The amount of paid sick leave available must be included on an employee’s wage statement or a separate document with each pay period.
Frequently Asked Questions
- Who is eligible for this leave?
- All employees who work at least 30 days a year in California, including part-time, per diem, and temporary employees, are covered.
- Exceptions include employees covered by certain collective bargaining agreements (CBAs) and flight crew members of air carriers who receive equivalent time off. However, SB-616 prohibits retaliation for using paid sick days and imposing conditions on their use for specific health and safety situations.
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- How much leave can be earned?
- Employees earn at least one hour of paid leave for every 30 hours worked.
- They may accrue more time than they can use in a single year, and employers must allow them to carry over at least 80 hours if they have accrued that much.
- Employers who front-load 5 days (40 hours) at the start of each year are not required to allow carryover.
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- When can an employee begin using this time?
- Employees begin accruing sick leave on their first day of employment but cannot use it until they have worked in California for at least 30 days and have been with the employer for more than 90 days. The first 90 days are a probationary period.
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- What should employees use this time for?
- Employees can use paid leave for their own or a family member’s preventive care, treatment for an existing health condition, or for specific purposes if they are a victim of domestic violence, sexual assault, or stalking.
- “Family member” includes a parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling. Preventive care includes annual physicals or flu shots.
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- Can employees take partial days?
- Employers can require employees to take at least two hours of leave at a time. Otherwise, the employee determines the amount of time needed.
Colorado
Starting January 1, 2024, all Colorado employers are required to provide 12 weeks of paid family and medical leave. (Note: A few cities, like Denver, have opted out.)
Frequently Asked Questions
- How soon can an employee use paid sick leave?
- Under Colorado law, there is no waiting period. Employees can use accrued hours as soon as they are earned.
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- How much leave can be earned?
- Employees accrue one hour for every 30 hours worked.
- Proposition 118 requires 12 weeks of paid time off per year for personal and family medical emergencies.
- Employees can carry over up to 48 hours of unused paid sick leave to the next year.
- Employers must provide additional paid sick leave during a public health emergency.
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- When should an employee use paid sick leave?
- Employees can use paid sick leave for themselves or a family member for:
- Preventive medical care, diagnosis, or treatment for physical or mental illness or injury.
- School or childcare closures due to a public health emergency.
- Reasons related to sexual assault, harassment, or domestic abuse.
- For more information, visit Colorado’s official website.
- Employees can use paid sick leave for themselves or a family member for:
Connecticut
Connecticut was the first state to require sick leave in 2012 and revised its requirements in 2023.
Frequently Asked Questions
- What employees are defined as service workers?
- Employers with 50 or more employees must provide paid sick leave to their service workers, defined broadly to include medical managers, librarians, security guards, cooks, and administrative assistants. See the statute for a full list of professions.
- How much earned paid sick time must an employer offer?
- Employees accrue one hour of paid sick leave for every 40 hours worked, with a maximum accrual of 40 hours per year.
- Employees must have completed 680 hours of work (or 85 eight-hour workdays) to use paid sick leave.
- A maximum of 40 hours of unused time can be carried over to the next year.
- What should employees use this time for?
- Employees can use this time for their own or their spouse’s or child’s:
- Mental health, illness, or injury.
- Medical diagnosis, treatment, or preventive care.
- Care or treatment for physical or mental trauma as a victim of domestic violence or sexual assault (if they are not the perpetrator).
- Employees can use this time for their own or their spouse’s or child’s:
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For more information on paid sick leave laws, you can visit the Connecticut Department of Labor’s website.
District of Columbia
The Accrued Sick and Safe Leave Act of 2008 requires all employers to provide paid sick leave. The accrual rate and cap are based on the number of employees.
Frequently Asked Questions
- How much earned paid sick time must an employer offer?
- Under 25 employees: Employees accrue one hour for every 87 hours worked, with a maximum annual accrual of 24 hours.
- Between 25 and 99 employees: Employees accrue one hour for every 43 hours worked, with a maximum annual accrual of 40 hours.
- 100+ employees: Employees accrue one hour for every 37 hours worked, with a maximum annual accrual of 56 hours.
- All unused hours carry over to the next year.
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- Can employers impose a waiting period?
- While employees accrue leave from their start date, employers may require a 90-day probationary period before the time can be used.
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- When can an employee use paid sick leave?
- Employees can use paid sick leave for themselves or a family member for:
- Diagnosis or treatment for a physical or mental illness or injury.
- School or childcare closures due to a public health emergency.
- Reasons related to sexual assault, harassment, or domestic abuse.
- Employees can use paid sick leave for themselves or a family member for:
Maine
Maine’s Earned Paid Leave law took effect on January 1, 2021. Employers with existing paid time off policies that meet or exceed the minimum requirements do not need to provide additional leave.
Frequently Asked Questions
- How much earned paid sick time must an employer offer?
- Employers with 10 or more employees (who work more than 120 hours annually, not including seasonal workers) must provide paid time off.
- Employees start accruing leave immediately but cannot use it until after 120 days of employment.
- Employees earn one hour of paid leave for every 40 hours worked, with a maximum of 40 hours per year.
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- What should employees use this time for?
- Employees may use paid leave for any reason.
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- Do leave hours expire if not used?
- Employees can carry over up to 40 unused hours to the next year.
Maine
Maine’s Earned Paid Leave law took effect on January 1, 2021. Employers with existing paid time off policies that meet or exceed the minimum requirements do not need to provide additional leave.
Frequently Asked Questions
- How much earned paid sick time must an employer offer?
- Employers with 10 or more employees (who work more than 120 hours annually, not including seasonal workers) must provide paid time off.
- Employees start accruing leave immediately but cannot use it until after 120 days of employment.
- Employees earn one hour of paid leave for every 40 hours worked, with a maximum of 40 hours per year.
- What should employees use this time for?
- Employees may use paid leave for any reason.
- Do leave hours expire if not used?
- Employees can carry over up to 40 unused hours to the next year.
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Learn more on Maine’s website.
Maryland
All employers with a primary worksite in Maryland must offer paid sick leave.
Frequently Asked Questions
- Who is required to offer paid sick leave?
- Employers with 15 or more employees must offer at least one hour of paid sick and safe leave for every 30 hours an employee works.
- Employers with fewer than 15 employees must provide the same amount of time as unpaid leave.
- Employers with an existing PTO policy that meets or exceeds the law’s requirements do not need to provide additional leave.
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- What employees are eligible?
- Employees who regularly work more than 12 hours a week are eligible.
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- How much paid sick leave can employees accrue?
- Both paid and unpaid leave accrue at one hour per 30 hours worked, with a maximum of 40 hours. Employees can carry over 40 hours of unused time.
- Alternatively, employers can front-load 40 hours at the beginning of the year and allow unused hours to expire at the end of the year.
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- Does my county have its own paid sick leave law?
- Counties are now preempted from enacting their own sick leave laws, with the exception of Montgomery County, which had a law in effect before the state act. Learn more at Montgomery County’s website.
Massachusetts
All Massachusetts employers with at least 11 employees must provide paid sick leave. Employers with ten or fewer employees must provide unpaid earned sick time.
Frequently Asked Questions
- 2022 COVID-19 Temporary Emergency Paid Sick Leave Program
- All employers had to provide temporary paid sick leave for qualifying COVID-19 reasons from May 28, 2021, to March 15, 2022.
- How is sick leave earned and used?
- It accrues at a minimum of one hour per 30 hours worked, with a cap of 40 hours per year.
- Can employers impose a waiting period?
- Employees begin accruing leave immediately, but employers can require a 90-day probationary period before the time can be used.
- Do unused hours carry over?
- Generally, yes. Employees can carry over up to 40 unused hours. However, if an employer front-loads the leave at the start of the year, they are not required to allow carryover.
- When should an employee use paid sick leave?
- Employees can use it for themselves or a child, spouse, parent, or parent of a spouse for:
- Preventive care or routine medical appointments.
- Treatment for a physical or mental illness, injury, or medical condition.
- Therapy, care, or legal action related to domestic violence.
- Employees can use it for themselves or a child, spouse, parent, or parent of a spouse for:
There’s more answers in the Massachusetts FAQ!
Nevada
Nevada law (SB312) requires covered employers to provide paid leave that can be used for any reason.
Frequently Asked Questions
- How much earned paid sick time must an employer offer?
- Employers must provide 0.01923 hours of paid leave per hour worked. This leave can be accrued or “front-loaded” at the start of the year.
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- Can paid sick leave be limited or does it expire?
- Employers can limit the amount of leave used to 40 hours per year. Carryover can also be capped at 40 hours.
- Employers are not required to pay out unused leave upon an employee’s separation.
- If an employee is rehired within 90 days of an involuntary separation, previously unused leave must be reinstated.
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- Who is a covered employer?
- A covered employer is a private company with 50 or more employees in Nevada. Employers with an existing PTO policy that meets the minimum accrual rate are exempt.
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- What employees are eligible?
- Employees are eligible to use leave starting on their 90th calendar day of employment. Temporary, seasonal, and on-call employees are not covered.
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- What should employees use this time for?
- Employees can use the leave for any reason and are not required to provide a reason to the employer.
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Learn more on Nevada’s website.
New Jersey
All New Jersey employers, regardless of size, must comply with the state’s paid sick leave law.
Frequently Asked Questions
- How is paid sick leave earned and used?
- It accrues at a minimum rate of one hour per 30 hours worked, with a cap of 40 hours per year.
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- Can employers impose a waiting period?
- Employees begin accruing leave immediately, but employers can require a 120-day probationary period before it can be used.
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- Do unused hours carry over?
- Employees can carry over 40 hours of unused sick leave to the next year.
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- When should an employee use paid sick leave?
- Employees can use it for themselves or a family member for:
- Preventive care or routine medical appointments.
- Diagnosis, treatment, or care for a physical or mental illness or injury.
- Therapy or legal action related to domestic violence.
- Workplace or school closures due to a public health emergency.
- School-related conferences or functions.
- Employees can use it for themselves or a family member for:
New York
Employers with five or more employees must provide paid sick leave. If they have fewer than five employees, they must still provide unpaid sick leave.
Frequently Asked Questions
- How is paid sick leave earned and used?
- It accrues at a minimum rate of one hour per 30 hours worked.
- Accrual caps depend on the number of employees:
- 5–99 employees: 40 hours of paid sick leave per calendar year.
- 100+ employees: 56 hours of paid sick leave per calendar year.
- Can employers impose a waiting period?
- Employees start accruing leave immediately, but employers can require a 120-day probationary period before the time can be used.
- Do unused hours carry over?
- Employees can carry over 40 hours of unused sick leave to the next year.
- When should an employee use paid sick leave?
- Employees can use it for themselves or a family member for:
- Preventive care or routine medical appointments.
- Diagnosis, treatment, or care for a physical or mental illness or injury.
- Therapy or legal action after domestic violence, a family offense, sexual offense, stalking, or human trafficking.
- Employees can use it for themselves or a family member for:
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There’s more answers in the New York’s Paid Sick Leave website.
Oregon
Employers with 10 or more employees must provide paid sick leave. In Portland, this requirement applies to employers with six or more employees.
Frequently Asked Questions
- Can employers limit when paid leave is earned and used?
- Employers are not required to provide more than 40 hours per year.
- Employees start accruing leave immediately (one hour for every 30 hours worked) but can be required to work a probationary period of no more than 91 days before using the time.
- Employees can carry over 40 hours of unused sick leave. Employers who front-load leave are not required to allow carryover. The total accrued balance can be capped at 80 hours.
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- When should an employee use paid sick leave?
- Employees can use it for:
- Preventive care, medical diagnosis, or treatment.
- Care for a physical or mental illness or injury.
- Care for an infant or newly adopted child.
- The death of a family member.
- Employees can use it for:
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- Can employees use time to care for a family member?
- Yes, leave can be used to care for a spouse, domestic partner, child, parent, grandparent, or grandchild, or if the employee is the legal guardian of the person.
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For more information, check out Oregon’s website.
Rhode Island
Employers with 18 or more employees in Rhode Island must offer paid sick leave.
Frequently Asked Questions
- How is paid leave earned?
- An employee earns one hour of paid sick leave for every 35 hours worked, up to a total of 40 hours. Unused hours must be carried over to the next year.
- Alternatively, employers can front-load the total sick time at the start of the year, in which case they are not required to allow for carryover.
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- When can employees begin using paid sick leave?
- Employees start accruing time on their first day, but employers can set a 90-day waiting period before it can be used.
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- What if the employee is seasonal or temporary?
- Seasonal employees become eligible after 151 days of employment, and temporary employees after 181 days.
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- Who isn’t eligible?
- This includes independent contractors, subcontractors, federal work-study participants, and licensed nurses on a per diem basis.
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- When should an employee use paid sick leave?
- For their own or a family member’s illness, injury, or health condition, including preventive care, medical diagnosis, or treatment.
- Leave related to domestic violence, sexual assault, or stalking.
- Business, school, or childcare closures due to a public health emergency.
- When a health authority determines that the employee or a family member’s presence in the community could jeopardize others’ health.
Vermont
All employers with a primary worksite in Vermont must offer paid sick leave.
Frequently Asked Questions
- How is paid leave earned and used?
- An employee earns one hour of paid sick leave for every 52 hours worked (including overtime), up to a maximum of 40 hours per year.
- Unused time can be carried over, unless the employer front-loads the leave.
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- What is a front-loaded accrual?
- Employers can provide an employee with a balance of 40 hours at the beginning of each year. If they do, they are not required to allow for carryover.
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- When can employees begin using paid sick leave?
- Accrual begins on the first day of employment, but employers can implement a one-year waiting period before the time can be used.
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- Who isn’t eligible?
- Employees who work fewer than 18 hours per week on average, seasonal employees, substitute teachers, and minors under 18.
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- When should an employee use paid sick leave?
- For their own or a family member’s illness or injury.
- To obtain healthcare, preventive care, or travel for long-term care.
- To address the effects of domestic violence, sexual assault, or stalking.
- To care for a family member due to a school or business closure for public health or safety reasons.
Washington
Employers in Washington state are required to provide paid sick leave.
Frequently Asked Questions
- How is paid leave earned and used?
- Employees accrue one hour of paid sick leave for every 40 hours worked, including for part-time and seasonal workers.
- Sick leave must be paid at the employee’s normal hourly rate.
- Employers can place a 90-day hold before an employee can use their accrued time.
- Employees can carry over 40 hours of unused sick time. Employers can offer more generous policies if they choose.
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- When can employees begin using paid sick leave?
- Employees begin accruing time on their first day of work. After the 90th day, the employee is entitled to use this time.
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- When should an employee use paid sick leave?
- To care for themselves or their family members.
- When the employee’s workplace, or their child’s school/place of care, is closed by a public official for a health-related reason.
- Absences that qualify for leave under the state’s Domestic Violence Leave Act
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