Guide to paid sick leave: See what your state requires and allows

How much earned paid sick time must an employer offer an employee?

• Fewer than 15 Employees: Employees must accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but they are not entitled to accrue or use more than 24 hours of earned paid sick time per year unless the employer selects a higher limit.
• 15 or More Employees: Employees must accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees are not entitled to accrue or use more than 40 hours of earned paid sick time per year unless the employer selects a higher limit.

Who is eligible for this leave?

• All full-time, part-time, and temporary employees are covered under the law and are required to earn sick leave.

Is leave earned during overtime?

• Exempt employees are assumed to work at a rate of 40 hours a week and will earn sick leave at that rate. Non-exempt employees continue to earn sick leave during overtime hours worked.

Can leave be limited, or capped if they are carried over?

• Employees must accrue time from their date of hire, but the employer can limit employees from using the earned time until they have been employed for 90 or more days. 
• Arizona employers are required to allow employees to carry their unused time year over year or pay the time out to the employee at the end of the year. If the employee does carry unused time from year to year, the employer is allowed to cap the usage of the sick leave at 40 hours.  
• Employers must allow sick leave to be used in a minimum of 1-hour increments. 

How to set up accrual policies in OnPay→

All covered employers with 26 or more employees are required to provide employees with to up to 80 hours of COVID-19 related paid sick leave, to be taken between January 1, 2022, and September 30, 2022. Up to 40 of those hours are to be used specifically when an employee or family member tests positive for COVID-19. Information concerning the amount of Supplemental Paid Sick Leave used in the pay period must be available on pay stubs or any other written notices that employees may receive on payday.

To set this up in OnPay

Go to Company, Pay Items, and look for an unused "Custom" pay item under W-2 Wages. Click to enter a new name for this pay item that distinguishes it as Covid-19 Paid Family Leave. 

To add leave to pay stubs

Processing this pay item will add this leave type and hours taken on the employee pay stub, in compliance with California’s 2022 COVID-19 Paid-Sick-Leave Law. 

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Who is eligible for this leave?

• All employees who work at least 30 days within a year in California, including part-time, per diem, and temporary employees are covered by the law. Here are a few exceptions:
• Employees covered by collective bargaining agreements with specified provisions are exempt, as are individuals employed by an air carrier as a flight deck or cabin crew member if they receive compensated time off at least equivalent to the requirements of the new law.
• For purposes of the law, a year is from the first day they begin to accrue to the anniversary date of the policy. 

How much leave can be earned?

• Employees earn at least one hour of paid leave for every 30 hours worked.
• Employees may accrue more time than they can use in a year, and the employer must allow the employees to carry over at least 48 hours from year to year if they have accrued that much, but the employer is only required to let each employee use 24 hours each year.

When can an employee begin using this time?

• Employees begin accruing sick leave on their first day of employment but are not eligible to take the sick leave unless they have worked in the state of California for at least 30 days as well as working for the employer for more than 90 days.
• The first 90 days of employment is considered a probationary period in which the employee cannot use their accrued sick leave.
• Employers are not required to allow their employees to start accruing sick leave until their hire date. 
• Once the probationary period ends, the employee is entitled to use their time as long as they have accrued enough time and are using it for one of the stated purposes of the law. 

What should employees use this time for?

• You can take paid leave for you or a family member for preventive care or care for an existing health condition or for specified purposes if you are a victim of domestic violence, sexual assault or stalking. 
• Family members include the employee’s parent, child, spouse, registered domestic partner, grandparent, grandchild, and sibling. 
• Preventive care would include annual physicals or flu shots.

Can employees take partial days?

• For partial days, employers can require employees to take at least two hours of leave at a time.
• Otherwise, the determination of how much time is needed is left to the employee.

You can learn more about these laws from these state resources:

• FAQ About California's New Paid Sick Leave Law (AB 1522)
• Healthy Workplace Healthy Family Act of 2014

How to set up accrual policies in OnPay→

How soon can an employee use paid sick leave?

• Under Colorado’s law, employers cannot impose a waiting period to use paid sick leave. Employees may use accrued hours as soon as they are accrued.

How much leave can be earned?

• Employees accrue one hour per every 30 hours worked.
• Colorado requires up to a maximum of 48 hours of paid sick leave.
• Employees can carry over up to 48 hours of unused paid sick leave to the next year. 
• Colorado also requires that employers provide additional paid sick leave during public health emergencies, based on the employee's hours. 

When should an employee use paid sick leave?

Employees may use paid sick leave for themselves or their family member, for any of the following reasons:

• Preventive medical care
• Diagnosis or treatment for a physical illness or injury
• Diagnosis or treatment for a mental illness
• School closures or childcare closures due to a public health emergency, as declared by a public official
• Reasons related to sexual assault, harassment, or domestic abuse.

Want to learn more? It's all on Colorado’s website.

How to set up accrual policies in OnPay→

How much earned paid sick time must an employer offer an employee?

• Employees accrue one hour of paid sick leave per 40 hours worked. The maximum accrual limit is 40 hours per year.
• Employees must have completed 680 hours of work at a company to use paid sick leave, or 85 eight-hour workdays.
• A maximum of 40 hours of earned time-off can carried over to the next year, if unused. 

What should employees use this time for?

• Illness, injury, or health condition of theirs, or of their spouse or child
• Medical diagnosis or preventative medical care of theirs, or of their spouse or child
• Care or treatment of physical or mental illness of theirs, or of their spouse or child
• Care, injury, or treatment of theirs, or of their spouse or child as a victim of domestic violence or sexual assault

For more information on paid sick leave laws, head on over to Connecticut’s website.

How to set up accrual policies in OnPay→

How much earned paid sick time must an employer offer an employee?

• 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.

Can employers enstate a probationary period?

• While Washington D.C. employees accrue paid sick leave as soon as they start working, employers may require a probationary period be worked before time is used.
• Employees must be allowed to use earned paid sick leave after 90 days of work.

When can an employee use paid sick leave?

Employees may use paid sick leave for themselves or their family member, for any of the following reasons:

• Diagnosis or treatment for a physical illness or injury
• School closures or childcare closures due to a public health emergency, as declared by a public official
• Reasons related to sexual assault, harassment, or domestic abuse.

How to set up accrual policies in OnPay→

How much earned paid sick time must an employer offer an employee?

• Employers with 10 or more employees who work more than 120 hours annually must provide paid time off (not including seasonal workers).
• Employees begin accruing leave as soon as they start working, and must be allowed to use earned time off after 120 days of employment.
• Maine 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 is not used?

• Employees may carry over up to 40 unused hours of leave to the next year. However, the amount of time an employee can accrue that next year is based on the number of hours the employee carries over.

Learn more on Maine’s website.

How to set up accrual policies in OnPay→

Who's required to offer employees paid sick leave?

All employers are required to provide employees with MA COVID sick leave for qualifying reasons between May 28, 2021 and March 15, 2022, (capped at 40 hours for full-time employees; prorated for part-time). Information concerning the amount of Supplemental Paid Sick Leave used in the pay period must be available on pay stubs or any other written notices that employees may receive on payday.

To set this up in OnPay

Go to Company, Pay Items, and look for an unused "Custom" pay item under W-2 Wages. 

Click to enter a new name for this pay item that distinguishes it as Covid-19 Paid Family Leave.

To add leave to pay stubs

Processing this pay item will add this leave type and hours taken on the employee pay stub, in compliance with California’s 2022 COVID-19 Paid-Sick-Leave Law. 

Classic Pay Run

Improved Pay Run

How is sick leave earned and used?

• Paid sick leave accrues at a minimum rate of one hour per 30 hours worked.
• Employers may not cap accrued leave below 40 hours per year.

Can employers impose a probationary period?

• Employees must begin accruing leave hours as soon as they start working.
• Employers may require a probationary period of 90 calendar days be worked before using thistime. 

To unused hours carry over?

• Usually, yes. Employees who accrue leave over time can carry over 40 hours of unused and earned paid sick leave from one year to the next.
• If the employer front-loads the accrual, meaning they make the entire yearly balance of leave available to use at the beginning of the year, then they are not required to carryover unused leave into the next year.

When should an employee use paid sick leave?

Employees can use paid or unpaid sick leave for themselves or a child, spouse, parent, or parent of a spouse. Paid and unpaid sick leave covers:

• Preventative medical care or routine appointments
• Professional medical diagnosis or care
• Treatment for a physical illness, injury, or medical condition
• Treatment for a mental illness, injury, or medical condition
• Therapy, care or treatment after domestic violence (e.g., counseling or legal action)
• Travel to and from a qualifying appointment

There's more answers in the Massachusetts FAQ!

How to set up accrual policies in OnPay→

How much earned paid sick time must an employer offer an employee?

• Nevada Law requires covered employers to provide 0.01923 hours of paid leave per work hour.
• Employee’s paid leave may be accrued over the course of the year.
• Employee’s paid leave may also be made available, or "front-loaded" at the beginning of the year as a balance of hours to be used throughout the year.

Can paid sick leave be limited or does it expire?

• Employers may limit the amount of leave used in a year to 40 hours. Leave carryover may also be limited to 40 hours per year.
• Employers may, but are not required to, pay out unused leave upon separation from employment.
• If an employee is rehired within 90 days of involuntary separation, previously unused paid leave must be reinstated.

Who is a covered employer?

• A “covered employer” means a private employer with 50 or more employees in private employment in the state of Nevada. 
• Employers who already provide paid time off pursuant to a contract, policy, collective bargaining agreement, or other agreement are not required to provide additional rights or leave under this law as long as the leave provided meets the minimum accrual rate (0.01923 hours of paid leave per work hour).

What employees are eligible for paid sick leave?

• Temporary, seasonal, and on-call employees are not entitled to leave under the law.
• Employees are eligible to use leave beginning on the 90th calendar day of employment.

What should employees use paid sick leave for?

• Employees may use available leave for any reason
• Employees are not required to provide the employer with a reason for taking this leave.

Learn more on Nevada's website.

How to set up accrual policies in OnPay→

How is paid sick leave earned and used?

• Paid sick leave accrues at a minimum rate of one hour per 30 hours worked.
• Employers may not cap accrued leave below 40 hours per year.

Can employers impose a probationary period?

• Employees must begin accruing leave hours as soon as they start working.
• Employers may require a probationary period of 120 calendar days be worked before using this time. 

To unused hours carry over?

• Employees who accrue leave over time can carry over 40 hours of unused and earned paid sick leave from one year to the next.

When should an employee use paid sick leave?

Employees can use paid sick leave for themselves or a family member* for:

• Preventative medical care or routine appointments
• Professional medical diagnosis or care
• Treatment for a physical illness, injury, or medical condition
• Treatment for a mental illness, injury, or medical condition
• Therapy, care or treatment after domestic violence (e.g., counseling or legal action)
• Travel to and from a qualifying appointment
• Workplace or child’s school closure as a result of an official public emergency
• Child’s school-related conference or function

*Under New Jersey law, a “family member” is a child, grandchild, sibling, spouse, domestic or civil union partner, parent, or grandparent of the employee, including if the employee is the legal guardian. A spouse’s parent, grandparent, sibling, or other family member is also covered.

How to set up accrual policies in OnPay→

How is paid sick leave earned and used?

• Paid sick leave accrues at a minimum rate of one hour per 30 hours worked.

• Employers can cap employees’ annual paid sick leave accrual. The accrual caps are based on how many employees you have:

  • Less than five employees and a net income in excess of $1 million in the previous tax year: 40 hours of unpaid sick leave
  • 5 – 99 employees: 40 hours of paid sick leave per calendar year
  • 100 or more employees: 56 hours of paid sick leave per calendar year

   

Can employers impose a probationary period?

• Employees must begin accruing leave hours as soon as they start working.
• Employers may require a probationary period of 120 calendar days be worked before using this time. 

To unused hours carry over?

• Employees who accrue leave over time can carry over 40 hours of unused and earned paid sick leave from one year to the next.

When should an employee use paid sick leave?

Employees can use paid sick leave for themselves or a family member* for:

• Preventative medical care or routine appointments
• Professional medical diagnosis or care
• Treatment for a physical illness, injury, or medical condition
• Treatment for a mental illness, injury, or medical condition
• Therapy, care or treatment (e.g., counseling or legal action) after domestic violence, a family offense, sexual offense, stalking, or human trafficking

Want to learn more? Check out New York’s Paid Sick Leave website.

How to set up accrual policies in OnPay→

Can employers limit when paid leave is earned and used?

• Employers aren't required to provide more than 40 hours per year.
• Employees start accruing paid sick leave immediately, earning one hour of paid sick leave for every 30 hours worked.
• Employees may be required to work a probationary period of no more than 91 calendar days before accrued time can be used.
• Employees can carry over 40 hours of unused paid sick leave from year to year.
• Employers who front-load do not need to let employees carry over unused hours.
• Employers can cap an employee’s total accrued balance at 80 hours

When should an employee use paid sick leave?

• Preventative care
• Medical diagnosis, care, or treatment
• Care for a physical illness, injury, or health condition
• Care for a mental illness or health condition
• Care for an infant or newly adopted child
• Death of a family member

Can employees use time to care for a family member?

Oregon law states that the leave can be used for themselves, or for help in caring for a family member for any of the above reasons. Oregon considers family members as a:

• Spouse
• Domestic partner
• Child
• Parent (including spouse or partner’s parents)
• Grandparent or grandchild
• The employee is the legal guardian of this person

How to set up accrual policies in OnPay→

For more information, check out Oregon’s website.

How is paid leave earned?

• An employee will earn 1 hour of paid sick leave for every 35 hours worked, up to 40 hours.
• Unused paid sick leave hours must be carried over to the following year.
• Employers may offer their employees the total sick time due at the beginning of the year, sometimes called front-loading. If employers choose this option, they are not required to track the accrual nor are they required to allow the unused paid sick leave to carry over to the next year.

When can employees begin using paid sick leave?

• While employees must start accruing time upon their first day of work, employers are allowed to set a 90 day waiting period before newly hired employees can utilize their paid sick leave.

What if the employee is seasonal or temporary?

• If an employer is hiring seasonal employees, they will become eligible to utilize paid sick leave upon their 151st day of employment.
• If an employer is hiring a temporary employee (those working or, or obtaining employment per an agreement with, any employment agency, placement service, or training school or center), they will become eligible to utilize paid sick leave upon their 181st day of employment.

Who isn't eligible for paid sick leave?

• Individuals not considered employees under the Rhode Island Minimum Wage Act (e.g., outside salespeople, golf caddies, certain seasonal resort employees)
• Independent contractors
• Subcontractors
• Federal work-study participants
• Licensed nurses employed by a healthcare facility on a per diem basis

When should an employee use paid sick leave?

• Mental or physical illness, injury or health condition of an employee or covered relation
• Medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition of an employee or covered relation
• Preventive medical care for an employee or covered relation
• Leave related to domestic violence, sexual assault, or stalking impacting an employee or covered relation
• Closure of the employee’s place of business, or a child’s school or place of care, by order of a public official due to a public health emergency
• Health authorities or a health care provider determines the employee or covered relation’s presence in the community may jeopardize other’s health because of the individual’s exposure to a communicable disease, whether or not the employee or covered relation has actually contracted the communicable disease.

How to set up accrual policies in OnPay→

How is paid leave earned and used?

• An employee will earn 1 hour of paid sick leave for every 52 hours worked (including overtime).
• The employees must be allowed to carry over up to 40 hours of unused paid sick time into the next year unless leave is front-loaded.

What is a Front-loaded accrual?

• Employers may provide their employees with a balance of 40 hours at the beginning of each year. In this event, employers are no longer obligated to allow an employee to carry over unused paid sick time into the next year.

When can employees begin using paid sick leave?

• An employee must begin accruing sick leave upon their first day of employment, but the employer can implement a 1-year waiting period before the employees can use the paid time off.

Who isn't eligible for paid sick leave?

• United States government employees
• Employees who work for an average of fewer than 18 hours per week
• Seasonal employees who are employed by an employer for 20 weeks or less in a 12 month period.
• Certain exempt state employees who are not covered by the collective bargaining agreement
• Substitute teachers, except for long-term substitutes
• Minors under the age of 18
• An individual that works on a per diem or intermittent basis
• Individuals that are either a sole proprietor or partner owner of an unincorporated business who is excluded from the definition of employee, or an executive officer, manager, or member of a corporate or a limited liability company for whom the Commissioner has approved an exclusion from the provisions of chapter 9 of Title 21.

When should an employee use paid sick leave?

• When the employee or employee’s child, parent, grandparent, spouse, or parent-in-law is sick or injured
• To obtain health care, preventive care, or travel to an appointment related to their long-term care
• To address the effects of domestic violence, sexual assault, or stalking
• To care for a family member because the school or business where the family member is located is closed for public health or safety reasons

How to set up accrual policies in OnPay→

How is paid leave earned and used?

• Employees will accrue time off at a minimum rate of 1 hour of paid sick leave for every 40 hours the employee works. This does include 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 the employee can begin utilizing their accrued time off. On the 90th day, the employee is entitled to utilize this time.
• Employees are eligible to carry over 40 hours of unused sick time over to the following year
• Employers are allowed to provide employees with a more generous carryover and accrual policies if they would like, what is listed above are the minimum requirements.

When can employees begin using paid sick leave?

• Employees begin accruing time on their first day of work.
• Employers can place a 90-day hold before the employee can begin utilizing their accrued time off. On the 90th day, the employee is entitled to utilize this time.

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, has been closed by a public official for any health-related reason.
• Absences that qualify for leave under the state’s Domestic Violence Leave Act.

How to set up accrual policies in OnPay→