Paid Sick Leave Laws: State Comparison Chart

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1 District of Columbia D.C. Code /13/2008 (amendments eff. 2/22/2014) All employers (subject to differing accrual requirements based on size). Employees immediately accrue leave but can only begin to access paid leave after 90 days of service with the employer. 100 or more : 1 hour per 37 hours worked : 1 hour per 43 hours worked. 24 or fewer : 1 hour per 87 hours worked. Notwithstanding the foregoing, any restaurant or bar employee who receives tips or gratuities to supplement a subminimum wage base is entitled to 1 hour per 43 hours worked. Absences resulting from (1) physical or mental illness, injury or medical condition of the employee; (2) obtaining professional medical diagnosis or care, or preventative care, for the employee; (3) caring for child, grandchild, parent, spouse, domestic partner, sibling, sibling s spouse, spouse s parents, children s spouse, a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibilities, and a person with whom the employee shares or has shared a mutual residence with for 12 months and with whom the employee maintains a committed relationship ; or (4) obtaining medical, legal, psychological or social services on behalf of an employee or family member who is a victim of stalking, domestic violence, or sexual abuse. 100 or more : maximum 7 days per calendar year : maximum 5 days per calendar year. 24 or fewer : Maximum 3 days per calendar year. Tipped restaurant or bar employee: 5 days per calendar year. All unused leave carries over to the next calendar year, subject to maximum accrual. require that absences of 3 or more consecutive days be substantiated by certification. A certificate may include a signed document from a health care provider, a police report, a court order, or a statement from a victim and witness advocate, or domestic counselor. require at least 10 days written notice for foreseeable leave, or if unforeseeable, oral notice before the start of the workweek or shift for which leave is request, and for emergencies the sooner of within 24 hours of the emergency or before the start of the shift. per authorized poster. allow to the Act. Law imposes a rebuttable presumption of retaliation if adverse action takes place within 30 days of an employee s opposition to a practice prohibited by the law. Payout at termination is not required. Sick leave must be restored to an employee who returns to the same employer with 12 months of separation. Employees can enforce rights by civil or administrative action. Employee can recover back pay, reinstatement, compensatory or punitive damages, attorneys fees, costs and interest. 1

2 Connecticut Conn. 1/1/2012 Employers One hour of leave per Gen. Stat. (amendments with 50 or 40 hours worked, 31-57r eff. 1/1/2015) more beginning on date of to -57w Connecticut employment.. Applies only to service workers who are either paid on an hourly basis, or are FLSA-nonexempt. Eligibility for leave commences after 680 hours of actual work (not inclusive of time off). Further, must work an average of 10 hours/week in the previous quarter to be eligible. Day and temporary workers are also exempt. (1) a service worker's illness, injury, health condition; medical diagnosis, care or treatment of a service worker's mental illness or physical illness, injury or health condition; preventative medical care for a service worker; (2) a service worker's child's or spouse's illness, injury or health condition; medical diagnosis, care or treatment of a service worker's child's or spouse's mental or physical illness, injury or health condition; preventative medical care for a child or spouse of a service worker; (3) Where a service worker is a victim of family violence or sexual assault for medical care or psychological or other counseling for physical or psychological injury or disability, to obtain services from a victim services organization, to relocate due to such family violence or sexual assault, or to participate in any civil or criminal proceedings related to or resulting from such family violence or sexual assault. Maximum accrual of 40 hours per year (based on any 365 day period used by the employer to calculate employee benefits). Employees may carry over up to 40 hours from year to year, but are only entitled to use 40 hours per year. Reasonable documentation (from the health care provider, in case of employee or family illness or a court record/documentatio n signed by an employee or volunteer working for a victim services organization, an attorney, police officer or other counselor for family violence/sexual assault) may be required for leave of 3 consecutive days or more (each such absence does not need to be a full day absence). Can require up to 7 days notice for foreseeable leave, and as soon as practicable otherwise. per stateauthorized poster. Recent amendments permit employers to use a fiscal year or other calendar to measure accrual and entitlement, rather than calendar year. Payout at termination is not required. If an employee is rehired, accrual begins anew, without reinstatement of prior unused leave. However, time already worked for the employer is credited to the 680 hour requirement. Labor commissioner can impose fines in addition to any appropriate relief. 2

3 California Cal. 7/1/2015 All Labor employers. Code Employees who work in California for 30 or more days within a year from commencement of employment are considered eligible. The employee is entitled to use paid sick leave beginning on the 90th day of employment. One hour of leave per 30 hours worked, beginning on date of employment or 7/1/2015. Exempt accrue time based on a 40- hour workweek unless their standard workweek is fewer than 40 hours. (1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member (defined as child, parent, spouse, domestic partner, grandparent, grandchild, or sibling); or (2) absences covered by existing law protecting leave for domestic violence/stalking (Cal. Labor Code 230). Employer may limit use of paid sick leave to 24 hours or 3 days per year of employment if frontloaded. Employer may limit total accrual to 48 hours or 6 days. Employees are not entitled to accrued sick time upon termination of employment, but accrued time must be reinstated if employee is rehired within one year. An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a minimum increment, not to exceed two hours. The California Department of Industrial Relations has advised that requiring documentation of sick leave may be prohibited by the act because such a requirement could arguably interfere with the employee s use of paid sick leave. This would be a violation of the law s anti retaliation/discrimina tion provisions. per stateauthorized poster. Pay stubs must show accrued sick time (or PTO). keep records of use and accrual of sick leave for 3 years. comply if the policies provide at least 3 days or 24 hours of paid sick days a year or otherwise meet the law s accrual, carryover and use requirements. Law imposes a rebuttable presumption of retaliation if adverse action takes place within 30 days of an employee s opposition to a practice prohibited by the law. Payout at termination is not required. Reinstatement of leave is required to an employee who returns to work with the same employer within 12 months of separation. require advance notice for foreseeable leave and notice as soon as practicable otherwise. Labor commissioner or Attorney General can recover back pay, payment for sick days, administrative penalties, attorney s fees, costs and interest. 3

4 Massachusetts M.G.L. c. 149, 148C 7/1/2015 Employers of 11 or more paid sick time; all others must provide unpaid sick time. Employees immediately accrue leave but are not entitled to use sick leave until the 90th day of employment. One hour of leave per 30 hours worked, beginning on date of employment or 7/1/2015. Exempt accrue time based on a 40- hour workweek unless their standard workweek is fewer than 40 hours. (1) Care for the employee s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; (2) care for the employee s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; (3) attend the employee s routine medical appointment or a routine medical appointment for the employee s child, spouse, parent, or parent of spouse; or (4) address the psychological, physical or legal effects of domestic violence. Maximum accrual of 40 hours in calendar year. Employees may carry over up to 40 hours to the next calendar year, but are only entitled to use 40 hours per year. Alternatively, employers may provide a monthly lump sum instead of tracking accrued sick leave based on hours actually worked. The Massachusetts Attorney General s Office has issued a schedule that an employer must comply with if they elect to use the lump sum method. This schedule uses the employee s average hours worked to determine how much monthly sick leave the employer. Note required for absences of 24 or more consecutive work hours, if an absence occurs within two weeks of an employee s final scheduled day of work before termination of employment, or after the employee has had four unforeseen and undocumented absences within a three month period. Certification does not need to contain the nature of the illness. Attorney General s regulations are broader than doctor ; instead, use health care provider and include nurse practitioners, clinical social workers, and physician s assistants. Employees can require up to 7 days notice except when not feasible. per stateauthorized poster and provide a copy to. retain records of paid sick leave usage for 3 years and provide records to on requests. By mutual agreement, can work make-up shifts in the same or following pay period to compensate for sick leave, in lieu of drawing down paid sick leave. Payout at termination is not required. For breaks of service up to 4 months, an employee maintains the right to us any unused earn sick time before the break in service. For breaks of service between 4 and 12 months, an employee maintains the right to use unused accrued sick time that is equal to or exceeds 10 hours. Attorney General may obtain injunctive or declaratory relief to enforce In addition to restitution, employers may be liable for penalties. Employees may also bring a civil action to enforce the law and can recover treble damages. 4

5 Oregon Or. Rev. Stat. 653, , and 659A.885 1/1/ 2016 Covers all employers. Employers with 10 or more paid sick leave pursuant to these laws. All others unpaid sick leave. Employers in a city with population exceeding 500,000 who have 6 or more paid sick leave. Employees begin to accrue sick time beginning on the first day of employment. However, are not entitled to use sick leave until the 91 st day of employment. Employers can choose to provide leave either: 1. At a rate of 1 hour for every 30 hours worked; 2. At a rate of 1-1/3 hour for every 40 hours worked; or 3. Front loaded sick leave of 40 hours at the beginning of each year. (1) diagnosis, care, or treatment of mental or physical illness, injury, or health condition, including pregnancy, childbirth, postpartum care and preventive medical care for, an employee or employee s family member, defined as the employee s child or parent (including biological, adopted, foster and in loco parentis), grandchild, grand parent, or parent-inlaw; (2) for family leave purposes as defined by statute ( Or. Rev. St. 659A.159); (3) for specified purposes if the employee or employee s minor child or dependent is a victim of domestic violence, harassment, assault or stalking; (4) for a public health emergency, including: a closure of employee s place of business, a child s school, or place of care, the need to care for the employee or a family member due to a public health emergency, or other required exclusion of employee from the workplace for health reasons; or (5) to donate to another employee for a specified purpose if the employer has a policy allowing it. Leave accrues up to a maximum of 40 hours per year. Up to 40 hours can be carried over to the next year, but employers can cap total accrual at 80 hours, and limit usage to 40 hours per year. No carryover is required for employers with 10 or more if the employer and employee agree that the employee will be paid for all unused accrued sick time at the end of the year and the employer frontloads the full annual accrual of leave at the beginning of the year. For employers with 9 or fewer, carry over is not required if the employer frontloads leave at the beginning of each year. Employers can require written verification for absences of more than 3 consecutive days. If the employee takes sick time without providing prior notice, the employer can require medical verification within 15 days. An employer can also request verification if the employer suspects abuse of the sick leave policy. Employer can require up to 10 days notice for foreseeable leave. provide written notice to and post notice of employee s rights in English and other languages typically used to communicate with the. notify at least quarterly of accrued and unused available sick time. Payout of leave at termination is not required. If an employee is rehired within 180 days of separation, sick leave must be restored. State law preempts the authority of local governments to set any sick leave requirements. Employees can file a complaint with the BOLI or a civil court. The BOLI can issue penalties for violations. Remedies in a court include reinstatement, back pay, and attorneys fees and costs. 5

6 Vermont 21 V.S.A. Covers all Employee must be Employee accrues 1 Ch. 5, employers. employed by an hour of earned sick Subchapt employer for an average time for every 52 er 4b and of 18 per week during hours worked. 21 V.S.A. the year Jan 1, 2017 for all employers except for employers with 5 or few whose effective date will be Jan Employees begin to accrue sick leave beginning on the later of the first day of employment or the effective date of the act. Employers can impose a waiting period of up to one year for newly hired and existing on the effective date of the statute. (1) Illness or injury of, or professional diagnostic, preventive, routine, or therapeutic health care, for employee or family member (defined as parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, and foster child); (2) accompanying the employee s parent, grandparent, spouse, or parent-in-law to an appointment related to long-term care; (3) for specified purposes if the employee or employee s family member is a victim of domestic violence, assault, or stalking; or (4) caring for a family member because the school or business where the individual is normally located is closed for public health or safety reasons. The following accrual caps apply: From Jan 1, Dec 31, 2018: accrual can be capped at 24 hours in a 12 month period. After Dec 31, 2018: accrual can be capped at 40 hours in a 12 month period. Unused leave is carried over to the next annual period, and leave accrual continues subject to annual accrual caps unless the employer, at its discretion, pays out for unused leave at the end of the annual period. In which case there is no carryover. The statute is silent on whether an employer can required a medical certification to verify absences. require to provide notice of intent to take leave as soon as practicable and expected duration of leave. notify at the time of hiring and post a notice to be provided by the commissioner in a conspicuous place in the workplace. Payout on termination is not required. Upon mutual consent, are not required to use paid leave if they can make up time during the same pay period and the employee switches with another employee for same number of hours within the same pay period. Employers can be fined for violations of this law. In addition, the president or controlling officer of a company can be personally liable for a willful violation. 6