What is sick leave? 

Sick leave is time that an employee can take off if they, or a family member, are sick. There are two types: paid and unpaid sick leave. With paid sick leave the employee receives the same wages as if they worked. 

Regulations in the US 

If you recruit in the US, it’s important to remember that, in many aspects, it functions more like 50 individual countries. Therefore, there are federal, state and city regulations to keep in mind when you do business in the states.   

Compliance with Federal Law 

The US requires unpaid leave for serious illnesses through the Family and Medical Leave Act (FMLA). However, there is no federally mandated paid sick leave law, instead regulations vary by state. The FMLA provides up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. 

State Paid Sick Leave Laws 

Paid sick leave in the US depends on the rules of state or municipality, and so does criteria on the circumstances under which it is granted. As of 2024, 19 states and Washington DC require paid sick leave while the remaining 31 do not. Additionally, 18 states preempt local governments from requiring paid sick leave. 

Which states have mandatory paid sick leave laws? 

Connecticut, Illinois, Arizona, California, Colorado, Nevada, New Jersey, New Mexico, Maine, Maryland, Massachusetts, Michigan, New York, Oregon, Rhode Island, Vermont, Washington, Minnesota, Washington, D.C.  

Which states have preemption laws against paid sick leave laws.  

The following states bar their cities and local governments from passing their own paid sick leave requirements: Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, and Wisconsin.  

Local regulations  

Some cities also have their own laws that impact paid sick leave for employees. San Francisco, for example, requires employers to provide paid sick leave to all employees (including temporary and part-time employees) under the San Francisco Paid Sick Leave Ordinance (PSLO). 

Paid sick leave is built into LGWS’s platform, we will automatically accrue and track balances – contact us today. 

Disclaimer: This post is provided for informational purposes and should not be considered legal advice, the final word on this topic or a political opinion.