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Paid Sick Leave by State and Municipality

Author: Michelle Barrett Falconer, Littler

While no federal law requires paid sick leave in private employment, there is a growing trend at the state and local levels to protect employees who may otherwise be forced to choose between going to work sick and losing pay and, in some cases, their jobs. Paid sick leave provides an employee with financial peace of mind when the employee cannot work due to his or her own illness or because he or she needs to care for a sick family member.

More than 10 states, the District of Columbia and several municipalities* require (or soon will require) certain private employers to provide some form of paid sick leave to eligible employees. This chart gives an employer an overview of the various paid sick leave laws in effect, or soon to take effect, in the private sector. Please note that this chart is not all-inclusive and that other smaller municipalities may have also enacted paid sick leave laws.

The information contained in this chart regarding accrual and usage are based upon the employer using an accrual method (not lump sum/frontloading).

This chart covers laws and ordinances that are specific to paid sick leave. Laws that extend beyond paid sick leave such those that provide for paid leave for any reason or kin care leave are covered in the Leave Laws by State and Municipality 50-State Chart.

Further, employees may not only be entitled to leave under the safe time provisions of these laws, but also state and local laws that are dedicated to domestic violence, sexual assault and stalking protections. Details of those laws can be found in the Domestic Violence, Sexual Assault and Stalking Leave and Accommodation Laws by State and Municipality 50-State Chart.

In addition, note that employees may also be entitled to paid sick leave under temporary laws during the COVID-19 pandemic. Information regarding these laws can be found in the following resources:

*More than a dozen states have enacted so-called preemption laws that prohibit municipalities from adopting regulations that expand on state or federal leave requirements. However, existing municipal laws are often grandfathered in.