There is no general federal law requiring private employers to offer paid sick leave, but many states and cities require it. Coverage and amounts differ widely.
The patchwork
A growing number of states and cities require employers to provide paid sick leave. Typical laws let workers earn about one hour of leave for every 30 hours worked, up to an annual cap, and allow use for the worker's own illness, a family member's care and sometimes safety-related needs. Smaller employers may be treated differently.
Common features
- Accrual starting on the first day of work, sometimes with a waiting period before use.
- Carryover of unused hours up to a limit.
- Notice rules for using leave.
- Protection from retaliation for using leave.
- Limits on requiring a doctor's note for short absences.
Related laws
The Family and Medical Leave Act offers unpaid, job-protected leave for eligible workers. Some employers offer paid time off voluntarily, and contracts or union agreements may add rights.
If you are denied leave
- Check your state and local sick leave law.
- Request leave in writing and keep a copy.
- Report violations to your state or city labor agency.
- Speak with an employment attorney if you were punished for using leave.
Frequently asked questions
Do part-time workers qualify?
Often yes under state laws, but check the specific law.
Can my employer require me to find a replacement?
Some laws prohibit this requirement. Check yours.