Let’s face it, at least one of your employees will need time off at some point because of a sick child or their own illness. The question that often arises is whether an employee is required to be paid for this time. The answer depends on several factors, including where the employer is located, the number of employees, the employee’s eligibility for paid time off, and the relationship of the ill person to the employee.
Navigating laws and regulations pertaining to sick leave can seem difficult. Below, we try and break down some of the basics you need to be aware of as an employer when it comes to issues of time off, sick leave and compensation.
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Currently, federal law does not require that employers offer paid sick leave. The Family and Medical Leave Act (FMLA) does require that employees of covered employers be given unpaid time off (with benefits coverage and job protection) for up to 12 weeks within a twelve-month period in the event of:
As noted, FMLA leave is generally unpaid time off; however, in some cases employees may be able or required to access or use paid time off for all or a portion of the leave offered by their employers.
A number of states have implemented their own paid sick leave policies. Currently, Arizona, California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and DC all have sick leave laws on the books.
The amount of paid sick leave granted to employees varies from state to state, with many states offering one hour of paid sick leave per thirty hours worked, capped at forty hours per year. Though again, this is not the case for all listed states. Rollover of sick leave hours and the total accruable amount of hours also varies according to state. Many states require paid sick leave time to include routine medical visits, including a child’s or employee’s preventive care visits.
Among some of the other allowed reasons for paid sick leave are preventive care, mental health treatment, domestic violence leave, childcare in event of closures, to ensure safety in matters where safety is at risk, enrolling a child in school, exposure to disease, traveling to and from an allowable appointment, among a host of other relevant paid sick leave needs.
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In many cities across the U.S., local governments have enacted paid sick and safe leave laws to give workers additional protections beyond federal requirements. These ordinances differ by jurisdiction in terms of employer size thresholds, accrual rates, covered family members, and qualifying uses — and some have changed in recent years as states adopt broader paid leave laws.
Duluth, Minnesota previously required employers with five or more employees to provide “Earned Sick and Safe Time (ESST).” However, this local ordinance was repealed effective January 17, 2024, after Minnesota adopted a statewide ESST mandate. The former city ordinance page now redirects to general council archives, and employers should instead follow the statewide ESST requirements administered by the Minnesota Department of Labor and Industry. Minnesota’s current statewide ESST details are available here.
In Philadelphia, Pennsylvania, employers must comply with the city’s paid sick leave law known as the Promoting Healthy Families and Workplaces Ordinance. Under the ordinance, employees accrue one hour of sick leave for every 40 hours worked in the city, up to 40 hours per year (for many employers, with some variations based on size). The ordinance allows leave for personal or family illness, preventative care, or for “safe time” related to domestic violence, sexual assault, or stalking. The full ordinance text is available in the Philadelphia Code here.
Because local laws can change — as seen in the Duluth example — employers should regularly review city or county websites, or consult legal counsel, to ensure they remain compliant with the most current requirements in their jurisdictions.
Employers in several states enjoy relief from having to comply with both state and local laws related to paid sick leave, as some states have passed laws prohibiting local governments from regulating sick leave. This reduces administrative burdens for employers with offices in multiple locations.
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Whether an employer is required to provide paid sick leave will depend on several factors, including where the employer is located. Even if an employer is not required to offer paid sick leave, they may choose to offer it as an added perk for employees.
Understanding and adhering to sick leave laws as a small business owner can seem a bit complicated at times. What do you do for example if your municipality has different sick leave laws than your state? In this instance, generally, the rule of thumb is to comply with both by applying the more generous law to employees.
Axcet HR consultants can help. We work with companies, assisting them when it comes to HR issues and employment law. Contact us today to schedule your consultation.
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