Mandatory Paid Sick Leave
A small number of jurisdictions in the United States have laws which require employers to give a certain amount of paid sick leave time to employees.
San Francisco became the first city in America to pass such a mandatory paid sick leave law, which went in effect in early 2007. The law mandates that for every 30 hours an employee works, they must accrue one hour of paid sick leave. This affects virtually all employers in the city, even most of those that already offer paid sick leave, since the law mandates accrual at a faster rate than most employers voluntarily offer it. For companies with fewer than 10 employees, accrued sick leave is capped at 40 hours. For companies with more than 10 employees, the cap is 72 hours.
The California Legislature recently approved a similar mandatory paid sick leave law, which would apply state-wide if it takes effect. Washington, D.C. has also approved similar laws. Many other states are considering passing such laws.
Federal law currently requires most employers to give up to 12 weeks per year of sick leave, but there is no requirement that it be paid. This does not appear to conflict with any state laws mandating paid sick leave. It simply means that, in the states that have mandatory paid sick leave, workers will be entitled to whatever amount of paid sick leave their state has created, in addition to the 12 weeks of unpaid leave mandated by federal law.
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Last Modified: 04-14-2009 04:26 PM PDT
