State-by-State Rules For Paid Sick Leave

Paid Sick Leave by State: State-By-State Employer Requirements

Paid sick leave requirements vary significantly from state to state. There is no federal law requiring private employers to provide paid sick leave, but many states have enacted laws requiring covered employers to provide paid sick time or broader paid leave that employees can use for illness and other qualifying reasons

Employers should review the requirements of every state where their employees work. State laws can differ regarding employer coverage, employee eligibility, accrual rates, annual usage limits, carryover, permissible uses, notice requirements, documentation, and whether unused leave must be paid when employment ends

Some states also have local paid sick leave requirements that can impose additional obligations on employers. We break the states down into three groups, as follows:

Group 1: States With Paid Sick Leave or Broader Paid Leave Requirements

Alaska

Alaska's paid sick leave law took effect July 1, 2025. Covered employers generally must provide paid sick leave, with different annual limits based on employer size. Employers with 15 or more employees generally provide up to 56 hours per year, while smaller employers generally provide up to 40 hours

Arizona

Arizona requires covered employers to provide earned paid sick time under the Fair Wages and Healthy Families Act. Employees generally accrue one hour of paid sick time for every 30 hours worked, subject to annual limits based on employer size

California

California requires covered employers to provide paid sick leave to eligible employees. Employees generally accrue at least one hour for every 30 hours worked, and the law generally requires at least 40 hours or five days of paid sick leave annually, subject to applicable rules and exceptions

Colorado

Colorado's Healthy Families and Workplaces Act generally requires employers to provide paid sick leave to employees. Employees generally accrue one hour for every 30 hours worked, up to applicable accrual limits. Colorado also has separate rules concerning public health emergency leave and other protected leave requirements

Connecticut

Connecticut has expanded its paid sick leave requirements in phases. As of January 1, 2026, the law generally covers employers with 11 or more employees, with coverage expanding further in 2027. Employers should review the current coverage rules and applicable phase-in requirements

Illinois

Illinois does not have a traditional statewide paid sick leave law. Instead, the Paid Leave for All Workers Act generally requires covered employers to provide paid leave that employees can use for any reason, including illness. Illinois employers should also review local requirements and separate laws that may provide additional paid sick leave or protected leave

Maine

Maine requires covered employers to provide earned paid leave that employees can generally use for any reason. The law is broader than a traditional paid sick leave requirement because employees do not have to establish that the leave is being used for illness

Maryland

Maryland's Healthy Working Families Act generally requires covered employers to provide earned sick and safe leave. Employers with 15 or more employees generally must provide paid leave, while smaller covered employers generally provide unpaid leave

Massachusetts

Massachusetts requires covered employers to provide earned sick time. Employers with 11 or more employees generally must provide paid sick time, while smaller employers generally must provide earned sick time that may be unpaid

Michigan

Michigan's Earned Sick Time Act requires covered employers to provide earned sick time. The law expanded to smaller employers in October 2025, and employers should review the current accrual, annual usage, and employer-size requirements

Minnesota

Minnesota's Earned Sick and Safe Time law generally requires employers to provide paid sick and safe time to eligible employees. Employees generally earn one hour for every 30 hours worked, subject to applicable annual limits

Nebraska

Nebraska's Healthy Families and Workplaces Act took effect October 1, 2025. Covered employers generally must provide paid sick time, with annual limits that vary according to employer size

Nevada

Nevada has a broader paid-leave requirement rather than a traditional paid sick leave law. Covered private employers generally must provide paid leave that employees may use for any reason, subject to employer-size and other applicable requirements

New Jersey

New Jersey generally requires covered employers to provide earned sick leave. Employees generally accrue one hour for every 30 hours worked and may earn up to 40 hours of leave per benefit year, subject to applicable rules

New Mexico

New Mexico's Healthy Workplaces Act generally requires covered private employers to provide paid sick leave to eligible employees. Employees generally accrue one hour for every 30 hours worked

New York

New York requires covered employers to provide paid sick leave based on employer size and, in some cases, annual income. Employers with 100 or more employees generally must provide up to 56 hours of paid sick leave annually, while other covered employers may have lower requirements

Oregon

Oregon requires covered employers to provide protected sick time. Employers with 10 or more employees generally must provide paid sick time, while smaller employers generally must provide protected sick time that may be unpaid. A lower employee threshold applies in Portland

Rhode Island

Rhode Island requires covered employers to provide earned sick and safe leave. Employers with 18 or more employees generally must provide paid leave, while smaller covered employers generally provide unpaid leave

Vermont

Vermont generally requires employers to provide earned paid sick time to eligible employees. Employees generally accrue one hour for every 52 hours worked, subject to applicable limits and exceptions

Washington

Washington requires covered employers to provide paid sick leave to eligible employees. Employees generally accrue at least one hour for every 40 hours worked

Group 2: States Without a General Statewide Paid Sick Leave Requirement

The following states generally do not have a comprehensive statewide paid sick leave mandate for private employers as of 2026. However, employers should check for local ordinances, industry-specific requirements, and other state leave laws before concluding that no paid leave is required

Alabama
Arkansas
Delaware
Florida
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
West Virginia
Wisconsin
Wyoming

Employers in these states may still be subject to local paid sick leave ordinances or may voluntarily provide paid sick leave through a company policy

Group 3: District of Columbia

The District of Columbia requires covered employers to provide paid sick and safe leave. The amount of leave available generally depends on employer size and the number of hours worked

Other Details

What Should Employers Include in a Paid Sick Leave Policy?

A compliant sick leave policy should address the requirements applicable to the employer and employees. Depending on the jurisdiction, the policy may need to explain:

Who is eligible for paid sick leave
How sick leave is accrued
When employees can begin using accrued leave
How much leave employees can use each year
Permitted reasons for using sick leave
Carryover rules
Frontloading provisions
Employee notice requirements
Documentation requirements
Rules for intermittent leave
Whether unused leave is paid at separation
Anti-retaliation protections
Required employee notices and postings

Paid Sick Leave Court Cases

Iloff v. LaPaille, 18 Cal. 5th 551 (2025).
The California Supreme Court considered California's Paid Sick Leave law, also known as the Healthy Workplaces, Healthy Families Act. The employee claimed that his employers failed to provide the paid sick leave required by law. The court held that an employee may raise a paid-sick-leave claim in a court proceeding after an employer appeals a Labor Commissioner's decision. The court emphasized that the Paid Sick Leave law is intended to protect employees' health, safety, and economic security.
Iloff v. LaPaille, 113 Cal. App. 5th 376 (2025).
On remand, the California Court of Appeal addressed the employee's entitlement to administrative penalties for the employer's failure to provide paid sick leave. The court recognized that California's Paid Sick Leave law requires employers to provide paid sick leave and held that the employee could pursue the statutory administrative penalties in the proceeding.
McCarther v. Pacific Telesis Group, 48 Cal. 4th 104 (2010).
The California Supreme Court considered whether California's paid-sick-leave statute applied to an employer's particular paid-leave policy. The court concluded that the statute did not apply to the employer's uncapped paid-leave policy under the circumstances. This case is useful for understanding how courts interpret statutory paid-sick-leave requirements in relation to existing employer leave policies.
Freelain v. Village of Oak Park, 888 F.3d 895 (7th Cir. 2018).
This case involved the interaction between accrued paid leave and the Family and Medical Leave Act (FMLA). The Seventh Circuit held that an employer could require an employee to use accrued paid leave during FMLA leave. The case is useful when the issue involves whether an employee can receive or use paid sick leave while taking federally protected medical leave.
Strickland v. Water Works & Sewer Board of Birmingham, 239 F.3d 1199 (11th Cir. 2001).
The Eleventh Circuit addressed an employee's medical condition, paid sick leave, and FMLA rights. The court concluded that the employee's exhaustion of employer-provided paid sick leave did not determine whether he was entitled to FMLA protection. This case is particularly relevant to employment-law research in the Eleventh Circuit and Georgia.
Dulany v. Brennan, 851 F.3d 1277 (10th Cir. 2017).
This case involved an employee seeking paid leave in connection with FMLA leave. The court explained that the FMLA itself generally provides unpaid leave, although accrued paid leave may sometimes be substituted for unpaid FMLA leave.

Important Considerations for Multistate Employers

Employers with employees in multiple states should not rely on a single paid sick leave policy without reviewing state and local requirements. The same employee handbook provision may not satisfy every jurisdiction

Employers should maintain a state-by-state compliance process covering accrual, carryover, usage, documentation, notice, payroll treatment, and separation requirements

Frequently Asked Questions About Paid Sick Leave by State

Does federal law require employers to provide paid sick leave?

No. Federal law generally does not require private employers to provide paid sick leave. State and local laws may require covered employers to provide paid sick leave or broader paid leave that employees can use for illness

How Does Paid Sick Leave Accrue?

Many state sick leave laws use an accrual system based on hours worked. A common formula is one hour of paid sick leave for every 30 hours worked, although states may establish different accrual rates, caps, and eligibility requirements

Some laws also allow employers to provide the required amount of leave through frontloading rather than hourly accrual

Can Employers Frontload Paid Sick Leave?

Some states allow employers to provide the required amount of paid sick leave at the beginning of the benefit year instead of having employees accrue the time as they work. Frontloading requirements vary by state and may require employers to provide the full amount of leave available for use under the applicable law

Does Unused Sick Leave Carry Over?

Carryover rules vary by state. Some laws require unused accrued sick leave to carry over to the next year, while others permit employers to avoid carryover by frontloading the required amount of leave

Employers should review the applicable state's carryover rules before setting annual expiration dates for sick leave

Does Unused Paid Sick Leave Have to Be Paid Out?

Paid sick leave generally does not have to be paid out when employment ends under state paid sick leave laws. This is different from accrued vacation, which some states treat as wages that must be paid when employment ends

However, an employer's PTO or vacation policy may create a separate payout obligation. Employers should determine whether the leave is legally classified as sick leave, vacation, or general PTO before processing a final paycheck

Can Employees Use Paid Sick Leave for Family Members?

Many state paid sick leave laws allow employees to use sick time to care for certain family members. The definition of a qualifying family member varies by state and can include spouses, children, parents, grandparents, domestic partners, or other specified individuals

Can Employers Require Documentation for Sick Leave?

Some state laws allow employers to request reasonable documentation when an employee uses paid sick leave for a certain number of consecutive days or under specified circumstances. Other laws restrict when documentation can be requested

Employers should follow the documentation rules of the applicable state rather than applying a single nationwide policy without reviewing state requirements

Can an Employer Require Employees to Find a Replacement?

Employers should review applicable state law before requiring an employee to find a replacement as a condition of using protected sick leave. Some paid sick leave laws restrict policies that interfere with an employee's lawful use of protected leave

Can an Employer Discipline an Employee for Using Paid Sick Leave?

Covered employers generally may not retaliate against employees for exercising rights protected by applicable paid sick leave laws. Employers should ensure attendance policies do not improperly count protected sick leave as an attendance violation

How many states require paid sick leave?

More than a dozen states have statewide laws requiring paid sick leave or broader paid leave that can be used for illness. The number can change as states enact or expand paid leave laws, so employers should verify current requirements for each state where they have employees

Which states require paid sick leave?

States with statewide paid sick leave or broader paid-leave requirements include Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. The District of Columbia also has a paid sick and safe leave requirement

Do states without paid sick leave laws allow employers to provide sick leave?

Yes. Employers in states without a statewide paid sick leave mandate can generally choose to provide paid sick leave through an employee handbook, PTO policy, employment agreement, or other benefit plan, subject to applicable wage and employment laws

How does paid sick leave accrue?

Accrual requirements vary by state. Many state laws use an hourly accrual formula, such as one hour of paid sick leave for every 30 hours worked. Other states use different formulas, annual allotments, frontloading provisions, or employer-size requirements

Can an employer provide sick leave all at once instead of using accrual?

Some state laws allow employers to frontload paid sick leave by providing the required amount at the beginning of a benefit year. Frontloading rules vary and may require employers to provide employees with access to the full amount of leave required by law

How much paid sick leave must an employer provide?

The required amount depends on the state, employer size, employee classification, and applicable law. Some states establish annual accrual or usage limits, while others require a specific amount of paid leave based on hours worked

Does paid sick leave carry over from year to year?

In some states, unused accrued sick leave must carry over to the following year. Other laws allow employers to avoid carryover by providing the required amount of leave through a compliant frontloading system

Can an employer put a cap on sick leave accrual?

Some state laws permit employers to impose reasonable accrual or usage limits, while others establish specific statutory caps. Employers should confirm that any sick leave cap complies with the applicable state law

Can employees use paid sick leave to care for family members?

Many state paid sick leave laws allow employees to use leave to care for qualifying family members. The definition of family member varies by state and may include spouses, children, parents, grandparents, domestic partners, or other individuals identified by law

Can employees use paid sick leave for mental health reasons?

Many paid sick leave laws permit employees to use protected sick leave for mental health conditions, medical appointments, or treatment. The specific requirements and definitions vary by state

Can paid sick leave be used for medical appointments?

Yes, many state laws allow employees to use paid sick leave for their own medical appointments and preventive care. Employers should review the permitted-use provisions of the applicable state law

Can paid sick leave be used for domestic violence or safety reasons?

Some state paid sick and safe leave laws allow employees to use leave for reasons involving domestic violence, sexual assault, stalking, or other safety-related circumstances. Employers should review the specific protections that apply in each jurisdiction

Can an employer require employees to provide advance notice for sick leave?

Employers may be able to establish reasonable notice procedures, but state laws can limit how much advance notice may be required. Notice requirements may also differ depending on whether the need for leave is foreseeable or unexpected

Can an employer require a doctor's note for paid sick leave?

Some state laws permit employers to request reasonable documentation under specific circumstances, while other laws restrict documentation requests. Employers should verify when documentation may legally be required before requesting medical information from an employee

Can an employer require employees to find a replacement before using sick leave?

Employers should be cautious about requiring employees to find a replacement as a condition of using protected sick leave. Some state laws prohibit policies or practices that interfere with an employee's right to use legally protected leave

Can an employer discipline an employee for using paid sick leave?

Generally, employers cannot retaliate against employees for lawfully using protected paid sick leave. Employers should ensure that protected sick leave is not improperly counted as an attendance violation under an attendance or disciplinary policy

Does unused paid sick leave have to be paid when an employee quits?

Generally, state paid sick leave laws do not require employers to pay out unused sick leave when employment ends. However, an employer's PTO or vacation policy may create a separate payout obligation, and some states have specific rules that can affect the result

Is paid sick leave the same as PTO?

No. Paid sick leave is generally intended for qualifying health, medical, family, or safety-related reasons under applicable law. PTO may be broader and can often be used for vacation, personal reasons, illness, or other purposes. State laws may treat PTO and sick leave differently

Can an employer use one PTO policy instead of a separate sick leave policy?

In some jurisdictions, a general PTO policy can satisfy a statutory sick leave requirement if it provides at least the same rights and benefits required by law. Employers should verify that the PTO policy satisfies all applicable accrual, usage, carryover, notice, and other requirements

Do paid sick leave requirements apply to part-time employees?

Many state paid sick leave laws cover eligible part-time employees and base accrual on hours worked. However, eligibility rules and exemptions vary by state

Do paid sick leave requirements apply to temporary employees?

Temporary employees may be covered depending on the state law and the employment arrangement. Employers should review applicable definitions of employee, temporary worker, staffing agency, and covered employer

Do paid sick leave laws apply to remote employees?

Remote employees may be covered by the paid leave law of the state or locality where they work. Multistate employers should determine the applicable jurisdiction based on the employee's actual work location and the specific law

Do paid sick leave laws apply to independent contractors?

Generally, paid sick leave statutes apply to employees rather than properly classified independent contractors. However, worker classification rules vary and some laws may have broader definitions of covered workers

Can an employer have different sick leave policies in different states?

Yes. Multistate employers can maintain state-specific policies or a comprehensive policy that provides benefits meeting or exceeding the requirements of every applicable jurisdiction. State-specific policies can make it easier to address differences in accrual, carryover, usage, and documentation rules

What happens to sick leave when an employee changes jobs within the same company?

The treatment of accrued sick leave can depend on whether the employee remains continuously employed, transfers between locations, or moves between covered employers. Employers should review the applicable state law and maintain accurate leave balances when employees transfer

What happens to paid sick leave when an employee is terminated?

Unused statutory sick leave generally does not have to be paid at termination in most states. However, employers should review the applicable law and company policy to determine whether the employee has a separate right to payment for unused PTO or vacation

Can an employer reset an employee's sick leave balance at the end of the year?

Employers generally cannot simply erase accrued leave when state law requires carryover. A compliant frontloading arrangement may allow an employer to avoid carryover in some jurisdictions. The applicable state law should be reviewed before resetting employee balances

What records should employers keep for paid sick leave?

Employers should maintain accurate records of sick leave accrual, usage, available balances, employee eligibility, applicable policies, and required notices. Recordkeeping requirements vary by state

Hours worked
Sick leave accrued
Sick leave used
Remaining sick leave balance
Employee requests for leave
Applicable documentation
Frontloaded leave amounts
Carryover balances
Changes to the employee's leave status

What is the biggest paid sick leave compliance mistake employers make?

One common mistake is applying a single nationwide sick leave policy without checking state and local requirements. Employers should review the applicable jurisdiction for accrual, usage, carryover, notice, documentation, recordkeeping, and retaliation requirements

Employer Takeaway

Paid sick leave compliance is primarily a state and local issue. Employers should identify every jurisdiction where employees work, determine whether a paid sick leave or broader paid leave law applies, and configure payroll and timekeeping systems to meet the applicable accrual and usage requirements

Because paid leave laws continue to change, employers should verify current state and local requirements before implementing or updating a sick leave policy.