Paid Sick Leave: Accrual, Carry-Over, Use & Front Loading Numbers (Chart) September 2017

Transcription

1 September 2017 Because the number of paid sick leave laws is ever-expanding, and the laws are dense and complex, Littler has developed a series of simple charts that cover employers' most commonly asked questions. In this chart we cover the following: At what rate employees accrue paid sick leave (employees receive 1 hour of paid sick leave f every X hours wked - represented as a ratio, i.e., 1:X) The accrual cap the law sets an employer can institute The carry-over cap the law sets an employer can institute The use cap the law sets an employer can institute If front loading is permitted, the amount of paid sick leave an employer must provide annually, the number of paid sick leave hours that must carry-over to the following year (if any), and the number of hours / days of paid sick leave an employee can use in a year. If different standards exist ( e.g., based on an employer's size), this infmation is highlighted in the first column: (If It Impacts Numbers). What Laws Are NOT Covered: The chart only addresses laws that are generally applicable to private employers. It does not cover: 1) Standards applicable to government contracts ( e.g., Executive Order 13706); 2) Industry-specific laws ( e.g., Los Angeles & Long Beach, CA hotel laws, SeaTac, WA hospitality / transptation employer law). To learn about those laws, see the GPS survey Paid Sick Leave: Federal Government Contracts & Industry-Specific Laws. Also, the chart does not include Pittsburgh, PA's law because trial and appellate courts have found it invalid. If the state supreme court eventually overturns these decisions, it will be included. Full Summary: The chart briefly highlights issues in the most general terms. F complete details on each individual topic, see the GPS survey Paid Sick Leave: Generally Applicable Laws (Full Summary). Use Cap (If It Arizona 15 me employees 40 hours (Annual) 40 hours (If Accrual 40 hours 40 hours / Cash-Out / (Statute) Printed on Sep 11th, :09:56 PM 1

2 Use Cap (If It 40 hours / None / (Proposed Rules) Fewer than 15 employees 24 hours (Annual) 24 hours (If Accrual 24 hours 24 hours / Cash-Out / (Statute) 24 hours / None / (Propsoed Rules) Califnia All Employers 48 6 Days 48 6 Days 3 Days 3 (Fractional Accrual) (Greater Thereof) (Greater Thereof) (If (Greater Thereof) Days (Greater (Maximum Bank) Accrual Thereof) / None / 24 3 Days (Greater Thereof) 25 Me 72 (Maximum 72 (If Accrual Pure Is Bank) Employee Has Accrued Not Available & Available Fewer than (Annual) 48 (If Accrual / None / Me Covered 72 (Maximum 72 (If Accrual 72 / None / 72 (Fractional Accrual) Bank Unless Employee Has Accrued Frontloading) & Available (Unless ) Printed on Sep 11th, :09:56 PM 2

3 Use Cap (If It 55 Fewer Covered 48 (Maximum 48 (If Accrual 48 / None / 48 (Fractional Accrual) Bank Unless Employee Has Accrued Frontloading) & Available (Unless ) 26 Me Covered 72 (Maximum 72 (If Accrual / 72 (July 1, (Fractional Accrual) Bank) Los Angeles, CA (Up To, With Annual 2016) Los Angeles, CA Los Angeles, CA Los Angeles, CA Front Load) / Fewer Covered Los Angeles, CA (July 1, 2017) Los Angeles, CA 10 Me 72 (Maximum 72 (If Accrual Pure Is (Anywhere) Bank) Employee Has Accrued Not Available & Available (Maximum (If Accrual Pure Is (Anywhere) Bank) Employee Has Accrued Not Available & Available All Employers 80 (Maximum 80 (If Accrual / None / 40 San Diego, CA Bank Unless Front San Diego, CA San Diego, CA Loading) San Diego, CA San Diego, CA San Diego, CA Printed on Sep 11th, :09:56 PM 3

4 Use Cap (If It 10 me 72 hours (Maximum 72 hours (If Accrual Pure Is (Anywhere) Bank) Employee Has Accrued Not Available & Available 40 hours (Maximum 40 hours (If Accrual Pure Is (Anywhere) Bank) Employee Has Accrued Not Available & Available 26 me employees 40 hours 40 hours [2017] (If 40 hours / None / 40 [2017] (Maximum Bank Accrual Employee Has Accrued hours [2017] Unless ) 72 hours [2018 & & Available (If accrual 72 hours / None / 72 hours [2018 & future future years] (If Accrual system used) 72 hours [2018 & years] (Maximum Bank 40 hours [2017] (If front future years] Unless ) loading system used) 72 hours [2018 & future years] (If front loading system used) 25 fewer employees 32 hours 32 hours [2017] (If 32 hours / None / 32 [2017] (Maximum Bank Accrual Employee Has Accrued hours [2017] Unless ) 40 hours [2018 & & Available (If accrual 40 hours / None / hours [2018 & future future years] (If Accrual system used) [2018 & future years] years] (Maximum Bank 32 hours [2017] (If front Unless ) loading system used) 40 hours [2018 & future years] (If front loading system used) Printed on Sep 11th, :09:56 PM 4

5 Use Cap (If It Connecticut 50 Me 1:40 (Annual) 40 hours / None / 40 in Connecticut hours *Based on infmal discussions with Connecticut Department of Lab District of 100 Me 1:37 7 Days (Annual) 7 Days (If 7 Days (If 7 Days / None / 7 Days Columbia :43 5 Days (Annual) 5 Days (If 5 Days (If 5 Days / None / 5 Days 24 Fewer 1:87 3 Days (Annual) 3 Days (If 3 Days (If 3 Days / None / 3 Days Tipped Restaurant 1:43 5 Days (Annual) 5 Days (If 5 Days (If 5 Days / None / 5 Days Bar Illinois 1 Covered Employee 1:40 40 hours (Annual) 20 (Ordinance- (Generally) 60 / None / 40 & either a Business Chicago, IL Protected Leave) 60 (If 40 FMLA- (FMLA-Ineligible Facility in Chicago Chicago, IL (FMLA- Protected Leave Employer Employee) Subject to Chicago Protected Leave) 60 / None / 60 License Requirements Chicago, IL Chicago, IL (If 40 FMLA- Chicago, IL Protected Leave (FMLA-Eligible Employer & Employee) Chicago, IL Printed on Sep 11th, :09:56 PM 5

6 Use Cap (If It All Employers with a 1:40 (Annual) 20 (Ordinance- (Generally) 60 / None / 40 Place of Business in Cook County, IL Protected Leave) 60 (If 40 FMLA- (FMLA-Ineligible Cook County Cook County, IL (FMLA- Protected Leave Employer Employee) Cook County, IL Protected Leave) 100 (60 Cook County, IL Cook County, IL Ordinance-Restricted & 40 FMLA-Restricted) / None / 60 (If 40 FMLA-Protected Leave (FMLA- Eligible Employer & Employee) Cook County, IL Maryland 5 Me 56 (Annual) 56 (If Accrual / None / 56 [Paid] Fewer than 5 32 Paid / Paid / Paid [Paid & Unpaid (Annual) Unpaid (If & Unpaid / Unpaid] Accrual None / 32 Paid & Unpaid Massachusetts 11 Me [Paid] 10 Fewer [Unpaid] (Whole-Hour Fractional - Employer Chooses) (Annual) / None / 40 Printed on Sep 11th, :09:56 PM 6

7 Use Cap (If It Minnesota 6 me employees 48 (Annual) 80 (If Accrual 48 / None / 48 [Paid] 80 (Overall) Employee Has Accrued (First Year) 5 fewer employees Minneapolis, MN Minneapolis, MN Minneapolis, MN & Available (Unless 80 / None / 80 [Unpaid] ) (Subsequent Minneapolis, MN Minneapolis, MN Years) Minneapolis, MN 24 Me 48 (Annual) 80 (If Accrual 48 / None / 48 & Physical Location in 80 (Overall) Employee Has Accrued (First Year) St. Paul (July 1, 2017) St. Paul, MN St. Paul, MN St. Paul, MN & Available (Unless 80 / None / Fewer ) (Subsequent & Physical St. Paul, MN Years) Location in St. Paul St. Paul, MN (January 1, 2018) St. Paul, MN New Jersey 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / Printed on Sep 11th, :09:56 PM 7

8 Use Cap (If It (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / Fewr than 10 (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ (Annual) / Cash-Out / Printed on Sep 11th, :09:56 PM 8

9 Use Cap (If It Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ Irvington, NJ 10 Me ; (Annual) Law Is Silent (Annual) Law Is Silent 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / Mristown, NJ Mristown, NJ Mristown, NJ Mristown, NJ Mristown, NJ Printed on Sep 11th, :09:56 PM 9

10 Use Cap (If It Mristown, NJ (Annual) / Cash-Out / Mristown, NJ Mristown, NJ Mristown, NJ Mristown, NJ Mristown, NJ Mristown, NJ 10 Me 1:35 (Full-Time (Full-Time / Cash-Out / (Fractional Accrual) Employee) (Annual) Employee) (Part-Time (Part-Time Employee) (Annual) Employee) 1:35 (Annual) / Cash-Out / (Fractional Accrual) 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / Printed on Sep 11th, :09:56 PM 10

11 Use Cap (If It (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / Printed on Sep 11th, :09:56 PM 11

12 Use Cap (If It 10 Me ; (Annual) / Cash-Out / (Annual) / Cash-Out / New Yk 5 Me Covered (Annual) / None / 40 [Paid] New Yk City, NY New Yk City, NY New Yk City, NY New Yk City, NY 1 Me Covered New Yk City, NY Domestic Wkers [Paid] Other Employers [Unpaid] New Yk City, NY Oregon At Least 10 (Annual) / None / 40 in Oregon [Paid] (Fractional Accrual) 80 (Total) Located in Ptland & Employs at Least 6 in Oregon [Paid] Other Employers [Unpaid] Printed on Sep 11th, :09:56 PM 12

13 Use Cap (If It Pennsylvania 10 Me 1:40 No Express Limit / None / 40 [Paid] Philadelphia, PA Philadelphia, PA Philadelphia, PA Philadelphia, PA Philadelphia, PA [Unpaid] Philadelphia, PA Vermont Other employers 1:52 (1/1/17 - (If Accrual (1/1/17 - / None / 24 (January 1, 2017) 12/31/18) (1/1/17-12/31/18) (2017 & 2018) 5 fewer employees (1/1/19-12/31/18) (1/1/19 - / None / 40 who averaged 30 hours Fward) (If Accrual Fward) ( Fward) me per week the (1/1/19 - previous calendar year Fward) (January 1, 2018) Washington All Employers 1:40 No Express Limit No Express Limit Pure Is Not Available 250 Me Full- No Express Limit 72 (If Sick Leave 72 (If Sick Leave 72 / None / 72 Time Equivalents Only) Only) (If Sick Leave (Anywhere) 108 (If PTO) 108 (If PTO) Only) 108 / None / 108 (If PTO) At Least 50 & Fewer 1:40 No Express Limit / None / 56 than 250 Full- Time Equivalents (Anywhere) Me than 4 & Fewer than 50 Full- 1:40 No Express Limit / None / 40 Printed on Sep 11th, :09:56 PM 13

14 Use Cap (If It Time Equivalents (Anywhere) 10 Me (Annual) / None / (Overall) (Annual) / None / (Overall) All Employers 1:40 (Annual) (If Accrual / Tacoma, WA Tacoma, WA 48 (Overall) Tacoma, WA Cash-Out (If Offered, Tacoma, WA Tacoma, WA Employee Chooses) / Tacoma, WA Copyright Notice All copyrightable text and graphics, the iginal selection, arrangement, and presentation of all materials (including infmation in the public domain), and the overall design of this web site are 2017 Littler Mendelson P.C. All rights reserved. Permission is granted to download and print materials from this website f the purpose of viewing, reading, and retaining f reference. Any other copying, distribution, retransmission, modification of infmation materials on this site, whether in electronic hard copy fm, without the express pri written permission of Littler Mendelson P.C., is strictly prohibited. Littler, Employment & Lab Law Solutions Wldwide, Littler Employment & Lab Law Solutions Wldwide, Littler GPS, The National Employer book, The Executive Employer conference, and ASAP Newsletters are registered trademarks of Littler Mendelson, P.C. Other trademarks are owned by their respective owners. Disclaimer Printed on Sep 11th, :09:56 PM 14

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