Do Small Businesses Have to Offer Paid Sick Leave?

Are you required to provide Paid Sick Leave (PSL) to your employees? The answer is “depends on where you’re located and how big you are.” This isn’t an easy answer because labor laws differ by state/ city/ size. Let’s get into the the details:

No Federal Requirements of Paid Sick Leave

There are no federal laws requiring your small business to offer paid sick leave. If your state has no regulations on paid sick leave, then it defaults to the federal level, which is none. That doesn’t mean you can’t offer it; it means you will not be forced to offer this benefit to your employees. However, 20+ states do mandate PSL of some kind or other. These laws apply to you if your company has a location in one of those states, cities, or counties. These laws also apply to you if you have a remote employee working in one of these areas.

(CAUTION: Some State and Local laws may have changed since the publishing of this article. As always, we encourage you to research the topic yourself and to seek the advice of a labor law lawyer if needed. This article is meant as general information only.)

States that Require Paid Sick Leave from All Employers

Eight states, plus the District of Columbia, have mandatory paid sick leave, no matter your organization’s size. Those states are Arizona, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, and Washington.

The amount of sick days differs per state, as does the rate of sick time is earned. Most states that have required PSL, have a mandate of 40 hours maximum of sick leave per year, but other locations have a maximum PSL of 48 hours or 52. One location has no maximum on how much PSL can be earned.

The rate that PSL is earned can also differ. Some places, employees earn 1 hour per every 30 hours worked, but in other locations the employees earn at a rate of 1 hour per every 52 hours worked.

States that Require Paid Sick Leave from Employers of a Certain Size Only

Another nine states require PSL when you reach a certain size. In these states, once you hit that limit, you have to offer PSL to all of your staff: Colorado (16+ employees), Connecticut (50+), Maine (10+), Maryland (15+), Massachusetts (12+), Michigan (50+), New York (5+), Oregon (10+), and Rhode Island (18+).

If you are located in any of these states, you’ll want to give careful thought when your employee count comes close to one of these thresholds. Once you cross over, then all your employees become eligible for paid sick leave, so take the time to study your state law and see how they define an employee unit. (Part-time Equivalent, Full-Time Equivalent, and so on.)

Sick Leave for those with colds

States where Certain Cities or Counties Require Paid Sick Leave

Another eight states had additional PSL laws for particular localities only. These might be the only ones in that state or they might be more stringent than state requirements. These laws apply to employees who work in these locations, not necessarily where they live or even where your business is located. If you have a remote employee working in one of these counties or cities, you could be liable to these laws even if your actual facilities are in a different city or county. Take the time to know how the law applies your company.

These locations are as follows: California (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Francisco); Illinois (Chicago, Cook County); Maryland (Montgomery County); Minnesota (Duluth, Minneapolis, St. Paul); New Mexico (Bernalillo County); New York (New York City, Westchester County); Pennsylvania (Allegheny, Philadelphia, Pittsburgh); and Washington (Seattle, Tacoma).

Quick Reference Table for Paid Sick Leave

(As of 9/9/24- this information is subject to change as state and local laws are implemented and/or revised. Please verify this information before using for your employees.)

STATEMINIMUM # OF EMPLOYEES BEFORE LAW APPLIESMAXIMUM HOURS OF PSL PER YEARPSL EARNED PER HOURS WORKED**
AZall401/30
CA*all401/30
COall481/30
CT(#)50+(#)401/40
DCalldiffersdiffers
IL*all401/40
MA12+401/30
MD*15+641/30
ME10+401/40
MI50+401/35
MN*all1/30
NJall401/30
NM*all641/30
NV50+400.0193/1
NY*5+40-561/30
OR*10+401/30
PA*(%)see localitysee localitysee locality
RI18+401/35
VTall401/52
WA*all1/40

*= States with additional PSL regulations in particular cities or counties.
**= States may change the rate that PSL is earned and it can differ depending on the size of your organization. Please verify the rate in your area before applying.
#= Connecticut (at time of publishing) requires PSL from companies of 50+ staff and only for “service workers”, but that term is widely defined, so please verify if any of your employees fall under that category. Law is expanding each year, adding in more categories of employees and lowering the amount of employees needed before PSL is mandated. Please check current law requirements.
%= Pennsylvania currently has NO state PSL requirements, but various cities/counties in PA do. Please check your local area.

Get Help with Your Employee Paid Sick Leave Policies

At New Wind, we design customized Employee Handbooks that cover essential policies and procedures like paid sick leave, overtime rules, and employee classifications. We do all the work; you get a handbook ready to distribute to your team.

Learn More: Customized Employee Handbooks.

Retail Store Employee
New Wind Business Solutions

Do Retail Stores Have to Pay Sick Leave to their Employees?

Are you required to provide Paid Sick Leave (PSL) to your retail employees? The answer is “depends on where you’re located and how big you are.” This isn’t an easy answer because labor laws differ by state/ city/ size. Let’s get into the the details:

No Federal Requirements of Paid Sick Leave

There are no federal laws requiring your retail store to offer paid sick leave. If your state has no regulations on paid sick leave, then it defaults to the federal level, which is none. That doesn’t mean you can’t offer it; it means you will not be forced to offer this benefit to your employees. However, 20+ states do mandate PSL of some kind or other. These laws apply to you if your retail company has a location in one of those states, cities, or counties. These laws also apply to you if you have a remote employee working in one of these areas.

(CAUTION: Some State and Local laws may have changed since the publishing of this article. As always, we encourage you to research the topic yourself and to seek the advice of a labor law lawyer if needed. This article is meant as general information only.)

States that Require Paid Sick Leave from all Retail Employers

Eight states, plus the District of Columbia, have mandatory paid sick leave, no matter your organization’s size. Those states are Arizona, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, and Washington.

The amount of sick days differs per state, as does the rate of sick time is earned. Most states that have required PSL, have a mandate of 40 hours maximum of sick leave per year, but other locations have a maximum PSL of 48 hours or 52. One location has no maximum on how much PSL can be earned.

The rate that PSL is earned can also differ. Some places, employees earn 1 hour per every 30 hours worked, but in other locations the employees earn at a rate of 1 hour per every 52 hours worked.

States that Require Paid Sick Leave from Retail Employers of a Certain Size Only

Another nine states require PSL when you reach a certain size. In these states, once you hit that limit, you have to offer PSL to all of your staff: Colorado (16+ employees), Connecticut (50+), Maine (10+), Maryland (15+), Massachusetts (12+), Michigan (50+), New York (5+), Oregon (10+), and Rhode Island (18+).

If you are located in any of these states, you’ll want to give careful thought when your employee count comes close to one of these thresholds. Once you cross over, then all your employees become eligible for paid sick leave, so take the time to study your state law and see how they define an employee unit. (Part-time Equivalent, Full-Time Equivalent, and so on.)

Sick Leave for those with colds

States where Certain Cities or Counties Require Paid Sick Leave

Another eight states had additional PSL laws for particular localities only. These might be the only ones in that state or they might be more stringent than state requirements. These laws apply to employees who work in these locations, not necessarily where they live or even where your store is located. If you have a remote employee working in one of these counties or cities, you could be liable to these laws even if your actual facilities are in a different city or county. Take the time to know how the law applies your ministry.

These locations are as follows: California (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Francisco); Illinois (Chicago, Cook County); Maryland (Montgomery County); Minnesota (Duluth, Minneapolis, St. Paul); New Mexico (Bernalillo County); New York (New York City, Westchester County); Pennsylvania (Allegheny, Philadelphia, Pittsburgh); and Washington (Seattle, Tacoma).

Quick Reference Table for Paid Sick Leave

(As of 9/9/24- this information is subject to change as state and local laws are implemented and/or revised. Please verify this information before using for your employees.)

STATEMINIMUM # OF EMPLOYEES BEFORE LAW APPLIESMAXIMUM HOURS OF PSL PER YEARPSL EARNED PER HOURS WORKED**
AZall401/30
CA*all401/30
COall481/30
CT(#)50+(#)401/40
DCalldiffersdiffers
IL*all401/40
MA12+401/30
MD*15+641/30
ME10+401/40
MI50+401/35
MN*all1/30
NJall401/30
NM*all641/30
NV50+400.0193/1
NY*5+40-561/30
OR*10+401/30
PA*(%)see localitysee localitysee locality
RI18+401/35
VTall401/52
WA*all1/40

*= States with additional PSL regulations in particular cities or counties.
**= States may change the rate that PSL is earned and it can differ depending on the size of your organization. Please verify the rate in your area before applying.
#= Connecticut (at time of publishing) requires PSL from companies of 50+ staff and only for “service workers”, but that term is widely defined, so please verify if any of your employees fall under that category. Law is expanding each year, adding in more categories of employees and lowering the amount of employees needed before PSL is mandated. Please check current law requirements.
%= Pennsylvania currently has NO state PSL requirements, but various cities/counties in PA do. Please check your local area.

Get Help with Your Employee Paid Sick Leave Policies

At New Wind, we design customized Retail Employee Handbooks that cover essential policies and procedures like paid sick leave, overtime rules, and employee classifications.

Learn More: Retail Employee Handbooks.

Retail Store Employee
New Wind Business Solutions

Do Churches Have to Pay Sick Leave to their Employees?

Are you required to provide Paid Sick Leave (PSL) to your church employees? The answer is “depends on where you’re located and how big you are.” This isn’t an easy answer because labor laws differ by state/ city/ size. Let’s get into the the details:

No Federal Requirements of Paid Sick Leave

There are no federal laws requiring your church to offer paid sick leave. If your state has no regulations on paid sick leave, then it defaults to the federal level, which is none. That doesn’t mean you can’t offer it; it means you will not be forced to offer this benefit to your employees. However, 20+ states do mandate PSL of some kind or other. These laws apply to you if your ministry has a location in one of those states, cities, or counties. These laws also apply to you if you have a remote employee working in one of these areas.

(CAUTION: Some State and Local laws may have changed since the publishing of this article. As always, we encourage you to research the topic yourself and to seek the advice of a labor law lawyer if needed. This article is meant as general information only.)

States that Require Paid Sick Leave from all Employers

Eight states, plus the District of Columbia, have mandatory paid sick leave, no matter your organization’s size. Those states are Arizona, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, and Washington.

The amount of sick days differs per state, as does the rate of sick time is earned. Most states that have required PSL, have a mandate of 40 hours maximum of sick leave per year, but other locations have a maximum PSL of 48 hours or 52. One location has no maximum on how much PSL can be earned.

The rate that PSL is earned can also differ. Some places, employees earn 1 hour per every 30 hours worked, but in other locations the employees earn at a rate of 1 hour per every 52 hours worked.

States that Require Paid Sick Leave from Employers of a Certain Size Only

Another nine states require PSL when you reach a certain size. In these states, once you hit that limit, you have to offer PSL to all of your staff: Colorado (16+ employees), Connecticut (50+), Maine (10+), Maryland (15+), Massachusetts (12+), Michigan (50+), New York (5+), Oregon (10+), and Rhode Island (18+).

If you are located in any of these states, you’ll want to give careful thought when your employee count comes close to one of these thresholds. Once you cross over, then all your employees become eligible for paid sick leave, so take the time to study your state law and see how they define an employee unit. (Part-time Equivalent, Full-Time Equivalent, and so on.)

Sick Leave for those with colds

States where Certain Cities or Counties Require Paid Sick Leave

Another eight states had additional PSL laws for particular localities only. These might be the only ones in that state or they might be more stringent than state requirements. These laws apply to employees who work in these locations, not necessarily where they live or even where your church is located. If you have a remote employee working in one of these counties or cities, you could be liable to these laws even if your actual facilities are in a different city or county. Take the time to know how the law applies your ministry.

These locations are as follows: California (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Francisco); Illinois (Chicago, Cook County); Maryland (Montgomery County); Minnesota (Duluth, Minneapolis, St. Paul); New Mexico (Bernalillo County); New York (New York City, Westchester County); Pennsylvania (Allegheny, Philadelphia, Pittsburgh); and Washington (Seattle, Tacoma).

Quick Reference Table for Paid Sick Leave

(As of 9/9/24- this information is subject to change as state and local laws are implemented and/or revised. Please verify this information before using for your employees.)

STATEMINIMUM # OF EMPLOYEES BEFORE LAW APPLIESMAXIMUM HOURS OF PSL PER YEARPSL EARNED PER HOURS WORKED**
AZall401/30
CA*all401/30
COall481/30
CT(#)50+(#)401/40
DCalldiffersdiffers
IL*all401/40
MA12+401/30
MD*15+641/30
ME10+401/40
MI50+401/35
MN*all1/30
NJall401/30
NM*all641/30
NV50+400.0193/1
NY*5+40-561/30
OR*10+401/30
PA*(%)see localitysee localitysee locality
RI18+401/35
VTall401/52
WA*all1/40

*= States with additional PSL regulations in particular cities or counties.
**= States may change the rate that PSL is earned and it can differ depending on the size of your organization. Please verify the rate in your area before applying.
#= Connecticut (at time of publishing) requires PSL from companies of 50+ staff and only for “service workers”, but that term is widely defined, so please verify if any of your employees fall under that category. Law is expanding each year, adding in more categories of employees and lowering the amount of employees needed before PSL is mandated. Please check current law requirements.
%= Pennsylvania currently has NO state PSL requirements, but various cities/counties in PA do. Please check your local area.

Get Help with Your Employee Paid Sick Leave Policies

At New Wind, we design customized Church Employee Handbooks that cover essential policies and procedures like paid sick leave, overtime rules, and employee classifications.

Learn More: Church Employee Handbooks.

New Wind Business Solutions

Is Paid Sick Leave Mandatory?

Are you required to provide Paid Sick Leave (PSL) to your employees? The answer is “depends on where you’re located and how big you are.” This isn’t an easy answer because labor laws differ by state/ city/ size. Let’s get into the the details:

No Federal Requirements of Paid Sick Leave

There are no federal laws requiring your businesses to offer paid sick leave. If your state has no regulations on paid sick leave, then it defaults to the federal level, which is none. That doesn’t mean you can’t offer it; it means you will not be forced to offer this benefit your employees. However, 20+ states do mandate PSL of some kind or other. These laws apply to you if your organization has a location in one of those states, cities, or counties. These laws also apply to you if you have a remote employee working in one of these areas.

(CAUTION: Some State and Local laws may have changed since the publishing of this article. As always, we encourage you to research the topic yourself and to seek the advice of a labor law lawyer if needed. This article is meant as general information only.)

States that Require Paid Sick Leave from all Employers

Eight states, plus the District of Columbia, have mandatory paid sick leave, no matter your organization’s size. Those states are Arizona, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, and Washington.

The amount of sick days differs per state, as does the rate of sick time is earned. Most states that have required PSL, have a mandate of 40 hours maximum of sick leave per year, but other locations have a maximum PSL of 48 hours or 52. One location has no maximum on how much PSL can be earned.

The rate that PSL is earned can also differ. Some places, employees earn 1 hour per every 30 hours worked, but in other locations the employees earn at a rate of 1 hour per every 52 hours worked.

States that Require Paid Sick Leave from Employers of a Certain Size Only

Another nine states require PSL when you reach a certain size. In these states, once you hit that limit, you have to offer PSL to all of your employees: Colorado (16+ employees), Connecticut (50+), Maine (10+), Maryland (15+), Massachusetts (12+), Michigan (50+), New York (5+), Oregon (10+), and Rhode Island (18+).

If you are located in any of these states, you’ll want to give careful thought when your employee count comes close to one of these thresholds. Once you cross over, then all your employees become eligible for paid sick leave, so take the time to study your state law and see how they define an employee unit. (Part-time Equivalent, Full-Time Equivalent, and so on.)

Sick Leave for those with colds

States where Certain Cities or Counties Require Paid Sick Leave

Another eight states had additional PSL laws for particular localities only. These might be the only ones in that state or they might be more stringent than state requirements. These laws apply to employees who work in these locations, not necessarily where they live or even where your business is located. If you have a remote employee working in one of these counties or cities, you could be liable to these laws.

These locations are as follows: California (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Francisco); Illinois (Chicago, Cook County); Maryland (Montgomery County); Minnesota (Duluth, Minneapolis, St. Paul); New Mexico (Bernalillo County); New York (New York City, Westchester County); Pennsylvania (Allegheny, Philadelphia, Pittsburgh); and Washington (Seattle, Tacoma).

Quick Reference Table for Paid Sick Leave

(As of 9/9/24- this information is subject to change as state and local laws are implemented and/or revised. Please verify this information before using for your employees.)

STATEMINIMUM # OF EMPLOYEES BEFORE LAW APPLIESMAXIMUM HOURS OF PSL PER YEARPSL EARNED PER HOURS WORKED**
AZall401/30
CA*all401/30
COall481/30
CT(#)50+(#)401/40
DCalldiffersdiffers
IL*all401/40
MA12+401/30
MD*15+641/30
ME10+401/40
MI50+401/35
MN*all1/30
NJall401/30
NM*all641/30
NV50+400.0193/1
NY*5+40-561/30
OR*10+401/30
PA*(%)see localitysee localitysee locality
RI18+401/35
VTall401/52
WA*all1/40

*= States with additional PSL regulations in particular cities or counties.
**= States may change the rate that PSL is earned and it can differ depending on the size of your organization. Please verify the rate in your area before applying.
#= Connecticut (at time of publishing) requires PSL from companies of 50+ staff and only for “service workers”, but that term is widely defined, so please verify if any of your employees fall under that category. Law is expanding each year, adding in more categories of employees and lowering the amount of employees needed before PSL is mandated. Please check current law requirements.
%= Pennsylvania currently has NO state PSL requirements, but various cities/counties in PA do. Please check your local area.

Get Help with Your Employee Paid Sick Leave Policies

At New Wind, we design customized Employee Handbooks that cover essential policies and procedures like paid sick leave, overtime rules, and employee classifications.

Learn More: Custom Employee Handbooks.

New Wind Business Solutions

Employee Paid Leave in New Hampshire

New Hampshire recently adopted an employee paid leave program. This law goes into effect on January 1, 2023, but it is a voluntary program that organizations can chose to participate in or not.

According to Jackson Lewis, a leading labor law firm,

The voluntary program, called the Granite State Paid Family Leave Plan, provides New Hampshire workers with 60 percent wage replacement for up to six weeks of work per year if they take time off for personal health or family reasons.

Debra Weiss Ford and Nancy E. Oliver from Jackson Lewis (link to the complete article.)

What should you do? As a New Hampshire employer, you don’t need to do anything concerning this new law since the program is voluntary. Should you choose to join it, there are tax credits available although you may also need to update your employee policies to make sure they are in full compliance. Read more details by reading the article linked above.

Do you need a new New Hampshire Employee Handbook? If so, New Wind can craft a customized Employee Handbook that is specific to your industry, size, and company culture. Contact us today to learn more.

Required Sick and Safety Leave in San Antonio, Texas

Following in the footsteps of many other large cities, San Antonio is implementing its mandatory Sick and Safe Leave (SSL) ordinance on all employers in the city. Employees earn 1 hour of sick leave per every 30 hours worked, up to a maximum of 56 hours of paid leave per year. The city ordinance is still being fine-tuned (see the last revision from September 2019 here), but it will be established by the end of the year.

When does the law start? December 1, 2019 is now the start date, but that has been delayed a few times already.

Who does this law apply to? All employers in San Antonio, no matter how big or small their business. This applies to all employees who work within city limits. If your employee also works outside the city but still works at least 240 hours a year in San Antonio, then the law still applies.

For what purpose can an employee take SSL?  An employee can use accrued sick leave when they need to be absent from work because the employee or the employee’s family member suffer illness, injury, stalking, domestic abuse, sexual assault, or otherwise require medical or health care, including preventative care and mental health care. According to the law firm Ogletree Deakins PC, the law defines who classifies as a family member:

The revised ordinance includes a more specific definition of a “family member,” which now includes (i) “[s]pouses, domestic partners, and both different-sex and same-sex significant others”; (ii) “[a]ny other family member within the second degree of consanguinity or affinity”; and (iii) “[a] member of the covered employee’s household,” as well as “[a] minor’s parents, regardless of the sex or gender of either parent.” In addition, “[t]he concept of parenthood is to be liberally construed without limitation as encompassing legal parents, foster parents, same-sex parent, step-parents, those serving in loco parentis, and other persons operating in caretaker roles.”

Read the full article, including a nice summation of the law, at website of Ogletree Deakins.

Does an employer have to pay out accrued sick leave upon termination? No, according to the latest revision, “This ordinance does not require the payment of sick and safe leave upon separation from employment and it does not require that sick and safe leave be calculated as an increase to salary or wages for an employee.”

What kind of record keeping is required? The employer will need to provide monthly updates to each employee, letting them know how much SSL has been accrued. If you have an employee handbook, the SSL policy must be stated. There might be some required posters, but that is still to be determined.

Need to update your Texas Employee Handbook? If so, then contact us today and get a customized employee handbook that includes required and recommended policies for your business.