While no federal law requires employers to provide employees with paid sick leave benefits, such an obligation does exist under certain state and municipal laws, including but not limited to those in Connecticut, California, Illinois, Massachusetts, Oregon, Vermont, Washington, D.C., Seattle, and New York City.
The scope of each of these laws, however, varies greatly. For example, while Connecticut’s law generally only applies to hourly workers in certain “service” occupations, California’s law generally applies to all employees, including temporary employees, who work in the state for 30 or more days per year. The consequences for failing to comply with the relevant state or municipal law likewise vary, with certain locales providing employees with their own private right of action.
In order to determine what, if any, paid sick leave obligations it has, employers should be sure to familiarize themselves with the following information:
- The states or municipalities that have laws requiring paid sick leave;
- The types of industries and/or employers to which each applicable law applies;
- What, if anything, an employee must do to qualify for paid sick leave benefits under each applicable law;
- The type and amount of paid sick leave to which an employee is entitled under each applicable law;
- How paid sick leave benefits are accrued under each applicable law;
- The purposes for which paid sick leave may be used under each applicable law; and
- Whether paid sick leave benefits must be paid out upon termination under each applicable law.