Paid Sick Leave Laws by State
UPDATE (03/18/20): Congress just passed the Families First Coronavirus Response Act, which requires certain employers across the country to provide paid sick leave or expanded family and medical leave for anybody impacted by COVID-19. Read more about the details in the “Pending Paid Sick Leave for Coronavirus and Beyond” below.
The recent novel Coronavirus outbreak in the United States has quickly turned the concept of paid sick leave into a high priority throughout the country.
Although paid sick leave has always been a highly sought-after benefit for those in the work force, there is no federally mandated paid sick leave law. Instead, these laws are generally implemented on a state-by-state, county-by-country, and even city-by-city basis.
Which states have paid sick leave laws? With the help of visual data firm 1Point21 Interactive, we created a comprehensive interactive map of all states in the country that provide mandatory paid sick leave law to qualified employees.
Hover over each state to find more details regarding paid sick leave laws in each state.
Currently, only 12 states and Washington D.C. have paid sick leave laws in place. Of those 12, three – California, Maryland, and Washington – have local laws in place for specific cities within each state. Five states – Pennsylvania, Illinois, Minnesota, New York, and Texas – only have local laws mandating paid sick leave.
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A State by State Look At Paid Sick Leave Laws
The following table provides extensive details for each state’s paid sick leave laws. It is important to note that each state has varying statutes regarding:
- Covered employers
- Covered employees
- Accrual rates and any associated annual caps
- Maximum annual usage of paid sick leave
| State | State Law? | Covered Employers | Covered Employees | Accrual | Max usage per year |
|---|---|---|---|---|---|
| Alabama | None | ||||
| Alaska | None | ||||
| Arizona | Yes | All | All | 1 hour for every 30 hours worked | employers with 15+ employees: 40 hours employers with 1-15 employees: 24 hours |
| Arkansas | None | ||||
| California | Yes | 1 or more employees who work more than 30 days in a year | employees who work 30 or more days per year | 1 hour for every 30 hours worked. | 24 hours or three days |
| Colorado | None | ||||
| Connecticut | Yes | employers with 50 or more employees in any one quarter of the previous year | hourly, non-exempt service workers | 1 hour for every 40 hours worked. | 40 hours |
| Delaware | None | ||||
| District of Columbia | Yes | all | all | employers with 100+ employees: 1 hour every 37 hrs employers with 25-99 employees: 1 hour every 43 hrs employers with 1-24 employees: 1 hour every 87 hrs | employers with 100+ employees: seven days employers with 25-99 employees: five days employers with 1-24 employees: three days |
| Florida | None | ||||
| Georgia | None | ||||
| Hawaii | None | ||||
| Idaho | None | ||||
| Illinois | Local Only | ||||
| Indiana | None | ||||
| Iowa | None | ||||
| Kansas | None | ||||
| Kentucky | None | ||||
| Louisiana | None | ||||
| Maine | None | ||||
| Maryland | Yes | employers with 15+ employees | employees who work at least 12 hours/week | 1 hours for every 30 hours | 64 hours |
| Massachusetts | Yes | employers with 11+ employees | all | 1 hours for every 30 hours | 40 hours |
| Michigan | Yes | employers with 50+ employees | employees who work at least 25 hours/week, at least 26 weeks/year for job scheduled for at least 26 weeks, primary work location in Michigan | 1 hour for every 35 hours | 40 hours |
| Minnesota | Local Only | ||||
| Mississippi | None | ||||
| Missouri | None | ||||
| Montana | None | ||||
| Nebraska | None | ||||
| Nevada | None | ||||
| New Hampshire | None | ||||
| New Jersey | Yes | all employers with employees in state | all employees working for employer in state | 1 hour for every 30 hours | 40 hours |
| New Mexico | None | ||||
| New York | Local Only | ||||
| North Carolina | None | ||||
| North Dakota | None | ||||
| Ohio | None | ||||
| Oklahoma | None | ||||
| Oregon | Yes | employers with 10+ employees employers in large cities (500,000+ population) with 6+ employees | All | 1 hour for every 30 hours | 40 hours |
| Pennsylvania | Local Only | ||||
| Rhode Island | Yes | employers with 18+ employees | full-time, part-time, seasonal and temporary employees | 1 hour for every 35 hours | 40 hours; two days for domestic workers |
| South Carolina | None | ||||
| South Dakota | None | ||||
| Tennessee | None | ||||
| Texas | Local Only | ||||
| Utah | None | ||||
| Vermont | Yes | All employers doing business and/or operating in state | Employees who work an average of at least 18 hours/week during a year | 1 hour for every 52 hours | 40 hours |
| Virginia | None | ||||
| Washington | Yes | All | All | 1 hour for every 40 hours | N/A |
| West Virginia | None | ||||
| Wisconsin | None | ||||
| Wyoming | None |
it is important to note that some state laws may have further provisions:
- Some states offer options to frontload any paid sick leave – companies may be allowed to offer sick leave hours in one lump sum at the beginning of the year to use as needed.
- Some states allow rollover of any accrued hours – but only in certain circumstances.
- Some states only provide paid sick leave benefits to specific types of workers.
Because these provisions may vary on a state-by-state – and even city-by-city – basis, it is highly recommended to consult an employment attorney in your state for a comprehensive overview of all applicable paid sick leave laws.
City or County Specific Paid Sick Leave Laws
Eight states in the USA have paid sick leave laws on a local level:
California
Illinois
Maryland
Minnesota
New York
Texas
Washington
This means that certain cities and counties in these states have their own statutes regarding mandatory paid sick leave.
| City/County | Covered Employers | Covered Employers | Accrual | Max usage per year |
|---|---|---|---|---|
| Berkeley, CA | All | employees who work at least two hours per calendar week in the city and are entitled to minimum wage or Welfare-to-Work program | 1 hour every 30 hours | employers with 1-24 employees: 48 hours employers with 25+ employees: none |
| Emeryville, CA | All with employees working in city | employees who work at least two hours per calendar week in the city and are entitled to minimum wage | 1 hour every 30 hours | employers with 1-55 employees: 48 hours employers with 56+ employees: 72 hours |
| Los Angeles, CA | employers with employees working in city | employees who work at least two hours per calendar week in the city and are entitled to minimum wage | 1 hour every 30 hours | 48 hours |
| Oakland, CA | employers with employees working in city | employees who work at least two hours per calendar week in the city and are entitled to minimum wage | 1 hour every 30 hours | N/A |
| San Diego, CA | employers with employees working in city | employees who work at least two hours per calendar week in the city and are entitled to minimum wage or Welfare-to-Work program | 1 hour every 30 hours | 40 hours |
| San Francisco, CA | employers with employees working in city | employees who work at least two hours per calendar week in the city and are entitled to minimum wage | 1 hour every 30 hours | N/A |
| Santa Monica, CA | All | employees who work at least two hours per calendar week in the city and are entitled to minimum wage | 1 hour every 30 hours | N/A |
| Chicago, IL | employers with at least one covered employee and maintain a business in Cook County and/or are subject to one or more of Chicago’s licensing requirements | employees who work at least two hours in Chiciago in any paritcular two-week period and who work at least 80 hours within any 120-day period | 1 hour every 40 hours | 40 hours; 60 hours under special FMLA circumstances |
| Cook County, IL | employers with at least one covered employee and maintain a business in Cook County | employees who work at least two hours in Chiciago in any paritcular two-week period and who work at least 80 hours within any 120-day period | 1 hour every 40 hours | 40 hours; 60 hours under special FMLA circumstances |
| Montgomery County, MD | all. | employees who work more than eight hours per week | 1 hour every 30 hours | 80 hours |
| Duluth, MN | employers with 5+ employees | employees who work at least 80 hours a year in MN | 1 hour every 30 hours | N/A |
| Minneapolis, MN | employers with 6+ employees | employees who work at least 80 hours a year in MN | 1 hour every 30 hours | 40 hours |
| St. Paul, MN | employers with one or more employees that have a physical location in St. Paul | employees who work at least 80 hours a year within St. Paul | 1 hour every 30 hours | N/A |
| New York City, NY | employers with 5+ employees or one or more domestic workers | employees and domestic workers who work more than 80 hours a year. Domestic workers must also work for the same employer for one year | 1 hour every 30 hours | 40 hours two days for domestic workers |
| Westchester County, NY | employers with 5+ employees or one or more domestic workers | employees and domestic workers who work more than 80 hours in a year | 1 hour every 30 hours | 40 hours two days for domestic workers |
| Philadelphia, PA | employees with 10+ employees and chain establishments | employees who work at least 40 hours a year | 1 hour every 30 hours | 40 hours two days for domestic workers |
| Dallas, TX | all | employees who work at least 80 hours in a calendar year | 1 hour every 30 hours | 8 days per calendar year |
| San Antonio, TX | all | employees who work at least 80 hours in a calendar year | 1 hour every 30 hours | 8 days per calendar year |
| Seattle, WA | all | all employees who work in Seattle more than 240 hours in a year | employers with 1-249 full-time equivalent employees: 1 hour for every 40 hours employers with 250+ full-time equivalent employees: 1 hour for every 30 hours | N/A |
| Tacoma, WA | all | employees who work more than 80 hours in a year | employers with 1-249 full-time equivalent employees: 1 hour for every 40 hours employers with 250+ full-time equivalent employees: 1 hour for every 30 hours | N/A |
| SeaTac Airport, WA | certain hospitality and transportation industry employers | nonmanagerial, nonsupervisory employees | 1 hour for every 40 hours | N/A |
In states with both state and local laws, the local laws generally take precedence over any state provisions.
