Paid Sick Leave Laws by State

What are the paid sick leave laws by state?

While there is no federal paid sick leave law for private employers, 16 states and Washington, D.C., provide state sick pay. Arizona, California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C., have mandatory paid sick leave laws.

The past several years have seen wave after wave of new paid leave laws at the state level (and local, as well). And, of course, each jurisdiction handles them differently.

From determining accrual rates to determining covered family members and understanding valid reasons for use, managing paid leave laws is a major challenge for employers that operate across the U.S.

Here, we examine state paid sick leave laws. The information below covers the laws as of September 2023. Note that there have been updates to laws this year that may not take effect until later.

The information below will cover some of the basics for each state. However, employers with locations in these states with paid sick leave laws should review all aspects of the statutes to maintain compliance.

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State Paid Sick Leave Laws

Arizona Paid Sick Leave

Arizona’s paid sick leave law has been in place since 2016.

The state does have some differences in its law for large and small employers (those with fewer than 15 workers), which impacts accrual, maximum use per year and carryover.

Arizona’s law covers nearly all private employers and employees in the state, which has no paid leave laws at the city or county level. (The bulleted information below applies to large employers.)

Eligible Reasons for Use

Eligible reasons for use under the Arizona paid sick leave law include the typical reasons, but also extend to other factors, including issues related to domestic violence and stalking, as well as public health quarantines.

Covered Family Member

Biological, adopted or foster child, stepchild or legal ward, child to domestic partner or to whom employee stands in loco parentis, regardless of age; biological, adopted, foster, stepparent, legal guardian or person who stood in loco parentis of employee or employee’s spouse or domestic partner; person to whom employee is legally married or registered domestic partner; grandparent, grandchild or sibling – whether biological, foster, adoptive or step relationship – of employee or employee’s spouse or domestic partner; other individual related by blood or whose close association is the equivalent of a family member.

Other aspects of paid sick leave in Arizona include:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 30 hours worked

California Paid Sick Leave

California’s paid sick leave law went into effect in 2015. It covers all employers in the state and employees that work at least 30 days in California within a year.

Employers should also note that there are several local jurisdictions in California with their own paid leave laws, including industry-specific ordinances in Long Beach and Los Angeles, and other leave types in San Francisco.

Meanwhile, there is pending legislation expected to go into effect in 2024. It would increase the amount of leave, annual usage cap, carryover amount and more.

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Eligible Reasons for Use

Somewhat surprisingly, the eligible reasons for use under California’s paid sick leave law are narrowly defined, though they do include domestic violence, sexual assault and stalking.

Covered Family Member

Employee’s child – biological, adopted, foster, step, legal ward or to whom the employee stands in loco parentis and regardless of age or dependency; parent – biological, adoptive, foster, step, legal guardian of employee or employee’s spouse or domestic partner or person who stood in loco parentis when employee was a minor; spouse; registered domestic partner; grandparent; grandchild; sibling; designated person – someone identified by the employee at the time the employee requests paid sick days.

Other portions of paid sick leave in California include:

• Max use per year – 24 hours
• Accrual rate – 1 hour for every 30 hours worked

Colorado Paid Sick Leave

In Colorado, the state’s paid sick leave law went into effect for all employers in 2022 and covers all employees in the state, including migratory laborers.

Colorado recently updated its reasons for use, as well.

Eligible Reasons for Use

Colorado is one of many states with broadly defined reasons for use under the paid sick leave law. In addition to an employee’s illness, and caring for a family member, the Colorado law allows employees to use leave for issues related to a death in the family.

Covered Family Member

Any person related by blood, marriage, civil union, or adoption; a child for whom the employee stands in loco parentis or a person who stood in loco parentis to employee as a child; a person for whom the employee takes responsibility for providing or arranging health care or safety-related care.

Other aspects of paid sick leave in Colorado include:

• Max use per year – 48 hours
• Accrual rate – 1 hour for every 30 hours worked

Connecticut Paid Sick Leave

In a unique case, the Connecticut paid sick leave law only applies to service workers who work at least 10 hours per week for the employer in the most recent complete quarter.

However, “service worker” is broadly defined under the law, from bus drivers to bartenders. Employers with locations in Connecticut should examine the statute to determine whether they must provide paid sick leave.

The law applies to private employers with 50 or more employees in Connecticut, though there are exceptions.

Also, Connecticut paid sick leave recently saw expanded reasons for use, effective Oct. 1, 2023, including a mental health wellness day and safe time leave also if service worker is a parent or guardian of a child who is a victim of family violence or sexual assault, provided the employee is not the alleged perpetrator.

Eligible Reasons for Use

Connecticut’s law allows for the general reasons for use, as well as safe time for violence and sexual assault.

Covered Family Member

Employee’s biological, adopted, foster or step-child, a legal ward or a child whom employee is standing in loco parentis and is a minor or an adult and incapable of self-care because of a mental or physical disability; employee’s spouse.

Connecticut’s paid sick leave law also includes:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 40 hours worked

Maryland Paid Sick Leave

Maryland’s paid sick leave law went into effect in 2018.

Another unique law, paid sick leave in Maryland covers employers with 15 or more workers. However, smaller employers must provide unpaid sick leave. And “employer” includes state and local governments.

Eligible Reasons for Use

Maryland’s law allows for the typical reasons for use, as well as safe time for violence and sexual assault.

Covered Family Member

Employee’s child (biological, adopted, foster, stepchild, legal guardianship, loco parentis); employee’s or employee’s spouse’s parent (biological, adoptive, foster, stepparent, loco parentis); legal guardian of the employee; employee’s spouse; employee’s grandparent (biological, adopted, foster or step-grandparent); employee’s grandchild (biological, adopted, foster or step-grandchild); employee’s sibling (biological, adopted, foster or step-sibling).

In Maryland, the paid sick leave law also includes:

• Max use per year – 64 hours
• Accrual rate – 1 hour for every 30 hours worked

Massachusetts Paid Sick Leave

The Massachusetts paid sick leave law went into effect in 2015 and applies to employers with 11 or more workers.

Also of note, covered employees are those whose primary place of work is in Massachusetts, regardless of the employer’s location.

Eligible Reasons for Use

The Massachusetts law is somewhat narrowly defined in terms of allowed reasons for use. However, it does include travel to or from an appointment, pharmacy or other location related to reason sick time was taken.

Covered Family Member

Child, parent and spouse. It also includes, biological, adopted, foster, step-, in-law, legal and in loco parentis relationships.

Massachusetts’ paid sick leave law also includes:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 30 hours worked

Michigan Paid Sick Leave

Michigan has had a paid sick leave law since 2019. It covers private employers with 50 or more workers, though there are some exceptions under the definition of a covered employee.

Eligible Reasons for Use

Michigan is another state with many reasons for which employees can use paid sick leave, including safe time and public health quarantine.

Covered Family Member

Child – biological, adopted, foster or step child, legal ward or child to whom eligible employee stands in loco parentis; parent – biological, adoptive, foster, or step parent, legal guardian of eligible employee or eligible employee’s spouse or individual who stood in loco parentis when eligible employee was a child; individual to whom eligible employee is legally married; grandparent; grandchild; sibling – biological, foster or adopted.

Other facets of the Michigan paid sick leave law include:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 35 hours worked

Minnesota Paid Sick Leave

Minnesota passed its paid sick leave law this year and it goes into effect Jan. 1, 2024.

It covers most employers in the state, as well as smaller bodies of government, and applies to employees that work at least 80 hours per year in the state.

Eligible Reasons for Use

Minnesota may have the broadest reasons for use among states with paid sick leave laws, covering the normal factors, plus school closures, public health emergencies and more.

Covered Family Member

The employee’s child, spouse, registered domestic partner, sibling, stepsibling, foster sibling, parent, grandchild, foster grandchild, step-grandchild, grandparent, step-grandparent, sibling-in-law (“child” includes foster child, adult child, legal ward, child whom employee is legal guardian, or child whom the employee stands or stood in loco parentis); child of a sibling of employee; child-in-law; (“parent” includes biological, adoptive, foster parent, stepparent, or person who stood in loco parentis when the employee was a minor child); sibling of the parents of employee; any of the above family members of the employee’s spouse or registered domestic partner; any individual related by blood whose close association is the equivalent of a family relationship; one individual annually designated by the employee.

Other aspects of Minnesota’s paid sick leave law include:

• Max use per year – No applicable provision
• Accrual rate – 1 hour for every 30 hours worked

New Jersey Paid Sick Leave

In New Jersey, its paid sick leave law went into effect in 2018. It applies to all private employers in the state and most workers, though there are exceptions regarding covered employees.

New Jersey also amended rules this year and adopted updates regarding:

• Covered employee
• intermittent use
• Required notice to employee
• Payment requirements
• Filing for benefits
• Certification requirements

Eligible Reasons for Use

New Jersey’s paid sick leave law is relatively narrow regarding eligible reasons for use, but also includes employee or employee family member’s domestic or sexual violence, as well as public health emergencies.

Covered Family Member

Child, grandchild, sibling, spouse, domestic partner, civil union partner, parent or grandparent of an employee; or a spouse, domestic partner, or civil union partner of a parent or grandparent of the employee; or a sibling of a spouse, domestic partner, or civil union partner of the employee; or any other individual related by blood to the employee or whose close association with the employee is the equivalent of a family relationship.

New Jersey’s paid sick leave law also includes:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 30 hours worked

New Mexico Paid Sick Leave

Benefits under the New Mexico paid sick leave law went into effect in 2022. The law covers most private employers and employees in the state, but generally excludes tribal land.

Eligible Reasons for Use

New Mexico’s law allows for the typical reasons for use, including safe time, but also permits leave for meetings at child’s school or place of care.

Covered Family Member

Employee or employee’s spouse or domestic partner; child – biological, adopted, foster, step, legal ward or child employee stands in loco parentis; parent – biological, adoptive, foster, step, legal ward or person who stood in loco parentis when employee was a minor child; grandparent; grandchild; sibling – biological, foster, step or adopted; spouse or domestic partner; person with a close association equivalent to a family relationship.

The New Mexico paid sick leave law also includes:

• Max use per year – 64 hours in a fixed 12-month period, as determined by the employer
• Accrual rate – 1 hour for every 30 hours worked

New York Paid Sick Leave

New York allowed employees to begin accruing paid sick leave in the fall of 2020, but it was not made available to workers until Jan. 1, 2021.

The law covers all employers in the state, though there are differences for large and small employers (those with fewer than 100 employees). The information below applies to large employers.

Also, employers should note that New York City has its own paid sick leave law.

Eligible Reasons for Use

New York paid sick leave permits employees to use the time for the standard reasons, but the law is broad in its safe time uses.

Covered Family Member

Child – including biological, adopted, foster, legal ward, or child standing in loco parentis and child of employee’s spouse or domestic partners; spouse; domestic partner; parent – including biological, foster, step or adoptive parent, or a legal guardian of an employee or a person who stood in loco parentis when the employee is a minor child and parent of employee’s spouse or domestic partner; sibling; grandchild; or grandparent.

Other aspects of New York’s paid sick leave law include:

• Max use per year – 56 hours in a fixed 12-month period
• Accrual rate – 1 hour for every 30 hours worked

Oregon Paid Sick Leave

In Oregon, its paid sick leave law went into effect in 2016. It applies to most workers in the state, with several exceptions, including independent contractors and certain federal employees.

Also, Oregon is another state that has updated its law, which included aligning Oregon family medical leave entitlements with paid leave benefits.

Eligible Reasons for Use

Oregon allows employees to use paid sick leave for several reasons, notably for level 2 or level 3 emergency evacuation orders or absences due to air quality or heat index level issues.

Covered Family Member

Spouse or same gender domestic partner; parent – including custodial and non-custodial, biological, adoptive, step or foster parent and in-law of spouse or same-gender domestic partner; child – including biological, adoptive, step or foster child of employee or employee’s same-gender domestic partner, whether adult or minor; grandparent; grandchild of employee; parent-in-law of employee or with whom employee was or is in a relationship of in loco parentis.

Other aspects the Oregon paid sick leave law include:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 30 hours worked or 1 1/3 hours for every 40 hours worked

Rhode Island Paid Sick Leave

The Rhode Island paid sick leave law went into effect in 2018 and covers all employers in the state.

However, covered employees must perform most of their work in the state. (There are exceptions for certain jobs, as well as government employees.)

Eligible Reasons for Use

The paid sick leave law in Rhode Island is fairly typical regarding eligible reasons for use, but does include safe time and public health emergencies.

Covered Family Member

Child – biological, adopted, foster, step, legal ward, child of a domestic partner, child of employee who stands in loco parentis; parent – biological, foster, adopted, step, legal guardian, person who stood in loco parentis to employee or employee’s spouse or domestic partner as a child; spouse – including common law marriages; mother-in-law and father-in-law (of spouse or domestic partner); grandparents; grandchildren; domestic partner; sibling – biological (full- or half-blood), adopted, foster or step ; care recipient; member of Employee’s household.

Other details of paid sick leave in Rhode Island include:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 35 hours worked

Vermont Paid Sick Leave

Vermont’s paid sick leave law went into effect for employers of all sizes in 2018.

It covers most employers and employees in the state, though, again, there are exceptions.

Eligible Reasons for Use

Vermont’s paid sick leave is fairly typical regarding eligible reasons for use, but does include safe time and public health emergencies.

Covered Family Member

Parent, grandparent, spouse, child (son or daughter by birth or adoption), brother, sister, parent-in-law, grandchild, foster child, ward, or any child an employee has assumed parent responsibilities or standing in loco parentis.

Vermont’s paid sick leave law also includes:

• Max use per year – 40 hours
• Accrual rate – 1 hour for every 52 hours worked

Washington Paid Sick Leave

In the state of Washington, its law has been in effect since 2017. It covers most employees, though there are several exceptions. However, all private employers are covered by the law.

Eligible Reasons for Use

Washington’s paid sick leave law allows employees to use leave for a multitude of reasons, including broad allowances regarding safe time.

Covered Family Member

Child (biological, adopted, foster, step, or child to whom employee stands in loco parentis, is legal guardian or is de facto parent, regardless of age or dependency); parent of employee or employee’s spouse or registered domestic partner (biological, adoptive, de facto, foster parent, step-parent, legal guardian, or person who stood in loco parentis when employee was minor child); spouse; registered domestic partner; grandparent; grandchild; sibling.

Other facets of paid sick leave in Washington State also include:

• Max use per year – No applicable provision
• Accrual rate – 1 hour for every 40 hours worked

There are other local paid sick leave laws for employers to note in the state.

Conclusion

State paid sick leave laws are a major compliance challenge for large employers.

Companies with locations across the country should review these laws, as well as any applicable local ordinances that may apply, to ensure they are adhering to the law.

If you’re part of an organization that needs help managing these laws, check out GovDocs Paid Leave.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.