2022 Paid Sick Leave Laws for Employers by State

You know that co-worker that comes to work all snotty and sick thinking they’re a hero for showing up? Yeah, no thanks. This is why Paid Sick Leave is necessary.

What is Paid Sick Leave?

Paid Sick Leave (also called sick pay) is paid time off employees receive when they are absent from work due to illness, injury, or disability. Through paid sick leave, an employee receives their full wages or part of their wages when they are out sick.

So, what is considered sick time? State laws or employer guidelines vary, but qualifying reasons for sick pay may include:

• Illness, injury, or health condition
• Preventative medical care
• Medical diagnosis
• Care or treatment of physical or mental illness
• Care for a family member who is ill or injured

Some employers who offer employees sick leave do so under a paid time off (PTO) policy. PTO lets employees take paid time off for any reason, such as sick leave or vacation.

State Paid-Sick-Leave Laws

Currently, 16 states and Washington, D.C., require (or will soon require) certain employers to offer paid sick leave for workers to recover from an illness, seek medical care or care for a sick relative.

Each state law has different rules about who is covered, the reasons leave can be used, the rate at which employees accrue paid leave and the waiting periods before paid sick leave can be used. Many of these laws also allow workers to use paid-sick-leave accruals for “safe” time if they are targets of domestic violence, sexual assault or stalking.

Notably, Maine became the first state to pass a law requiring certain employers to provide paid time off for any reason, including emergencies, illnesses and vacations. Nevada also has a broad law covering paid leave for any reason.

Local Paid-Sick-Leave Laws

Many local jurisdictions have their own paid-sick-leave laws that offer more-generous benefits than the state law or are in locations without a statewide law.

For example, seven locations in California provide employees with more benefits than the statewide law. The California Healthy Workplaces, Healthy Families Act covers all employees who work in the state for at least 30 days in a 12-month period for the same employer. Full-time, part-time and temporary workers must accrue at least one hour of paid leave for every 30 hours they work, though employers may limit the use of paid sick leave to three days per year.

But Berkeley, Emeryville, Los Angeles, Oakland, San Diego, San Francisco and Santa Monica have their own requirements. Additionally, Los Angeles and Long Beach have paid-leave requirements specifically for hotel workers. Local ordinances generally apply to employees who work in the jurisdiction for a certain number of hours, and the benefit accrual rates may differ depending on employer size.

Most employees in Washington state are entitled to earn one hour of paid sick leave for every 40 hours worked. However, Seattle has a tiered system based on employer size. Tacoma also has its own rules, and a special law applies to the transportation and hospitality industries in the city of SeaTac, which surrounds the Seattle-Tacoma International Airport.

With the rise of remote work, it’s important for employers to notate which state an employee is working in and adhere to that location’s paid sick leave mandate.

Here is a chart resources to learn what is required by state:

*This may not include COVID-19 related temporary orders.