Paid sick leave laws by state: An employer's guide for 2026

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Paid sick leave lets employees rest and recover when they're unwell, helps prevent illness from spreading at work, and keeps your business compliant with the law.

But here's the tricky part: the rules aren't the same everywhere. What applies in Texas might not in . Some states have set requirements for sick days, while others have specific rules on accrual or carrying over unused days. Staying compliant means knowing the rules for each state you operate in — and those rules are changing fast. Getting it wrong can cost you in fines, back pay, and reputational damage.

In this guide, we break down paid sick leave laws by state for 2026, so you can stay ahead, remain compliant, and keep your team covered.

What does paid sick leave mean?

Paid sick leave means giving employees time off, with pay, when they're too sick to work. It allows them to recover without worrying about losing income for the ordinary they miss.

For employers, paid sick time goes beyond a legal checkbox. It's an investment in your business. Here's why it matters:

  • Boosts morale: Employees know you've got their back, which builds trust and loyalty.

  • Supports productivity: Sick employees at work can lead to more mistakes and more illness spreading. Letting them take paid leave helps everyone stay healthier and more productive.

  • Promotes public health: Encouraging sick employees to stay home helps stop the spread of illness. That's good for your workplace and your community.

  • Ensures compliance: In 21 states and Washington, D.C., paid sick leave is the law. Staying compliant helps you avoid fines, legal headaches, and reputational damage.

Common uses for paid sick leave

When it comes to paid sick leave, knowing what counts as acceptable use is key. A clear sick leave policy ensures employers stay compliant and employees know when they can take time off. Here are some common situations where paid sick time applies:

  • Caring for personal illness or injury: Whether it's the flu, a cold, or a more serious condition, employees can use paid sick leave to recover without sacrificing income.

  • Caring for a sick family member: Paid sick time often covers caring for an ill child, spouse, or other immediate family members. This helps employees balance family needs without needing to take unpaid medical leave.

  • Attending medical appointments: Routine check-ups, specialist visits, or follow-up care are all valid reasons for using sick days. Including these in your sick days policy supports preventive healthcare and keeps your workforce healthier.

  • Addressing mental health needs: Mental health is just as important as physical health. Paid sick leave can cover therapy sessions, mental health days, or treatment for conditions like anxiety or depression.

  • Recovering from surgery or medical procedures: If employees need time off after surgery, they can rely on medical leave through your sick leave policy to ensure they fully recover before returning to work.

  • Safe time for domestic violence or sexual assault: Most state sick leave laws now include provisions allowing employees or their covered family members to use paid sick time for issues related to domestic violence, sexual assault, or stalking — including seeking medical care, legal assistance, or relocation.

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Managing paid sick leave policies can get tricky with federal, state, and local laws all in the mix. To stay compliant, you need to understand the legal requirements and have clear policies in place. Here's a breakdown of key legal considerations and best practices to help you navigate the nuances.

1. Stay updated on federal, state, and local regulations

While many employees can take unpaid medical leave under the (FMLA), there's no federal law guaranteeing paid sick leave for private-sector workers. However, some states have stepped up with their own paid leave programs and requirements. This means your business needs to stay on top of varying regulations depending on where you operate. For example:

  • California: Employees earn paid sick time at a rate of 1 hour per 30 hours worked, with the ability to carry over unused leave. Starting January 1, 2026, California expanded its safe-time protections to cover victims of certain crimes attending judicial proceedings.

  • New York: Employers with 100 or more employees must provide up to 56 hours of paid sick leave per year, while smaller businesses have different requirements. New York City expanded its Earned Safe and Sick Time Act effective February 22, 2026, adding new qualifying reasons including caregiving and public disasters.

  • Connecticut: Coverage expanded to all employers with 11 or more employees as of January 1, 2026, with the law extending to all employers on January 1, 2027.

  • Illinois: The (PLAWA) requires employers to provide employees with up to 40 hours of paid leave per year, which they can use for any reason, including illness.

  • Alaska and Nebraska: Both states enacted new paid sick leave laws that took effect in 2025 — Alaska's on July 1, 2025, and Nebraska's on October 1, 2025. Employers with workers in these states must now comply.

At the federal level, the FMLA provides up to 12 weeks of unpaid medical leave for serious health conditions or caregiving responsibilities. While the FMLA doesn't mandate paid sick leave, it does protect employees' jobs during extended absences. Pairing a strong paid sick leave policy with FMLA protections helps cover both short-term illnesses and longer-term needs.

Additionally, the (ADA) may require accommodations for employees with qualifying medical conditions. For example, if an employee's disability or chronic illness means they need frequent for medical appointments or recovery, you might need to offer flexible paid sick time or additional unpaid medical leave to stay compliant.

2. Communicate policies to employees

Make sure your paid sick leave policy is clear, accessible, and easy to understand. Clearly outline:

  • How paid sick time is accrued (e.g., 1 hour per 30 hours worked)

  • Who qualifies for leave under the FMLA and when unpaid medical leave applies

  • The process for requesting for illness or extended medical leave

  • Any requirements for documentation, like a doctor's note (noting that most states restrict when this can be required)

Regularly remind employees where to find this information and make sure new hires receive it during . Good communication can help you reduce confusion, avoid disputes, and maintain compliance.

3. Maintain accurate and secure records

Accurate record-keeping is essential for managing paid sick leave and staying compliant. Track:

  • Accrual rates for each employee

  • How much paid sick time has been used and how much is left

  • Requests for for illness or unpaid medical leave

  • Documentation related to the FMLA or ADA accommodations

Store these records securely and ensure only authorized personnel can access them. protect employers in case of audits or disputes and help you demonstrate compliance with federal, state, and local laws.

4. Incorporate flexibility and inclusivity

A good sick leave policy supports all employees, regardless of their needs and if they work on site or . Consider offering:

  • Paid sick days that cover mental health days, not just physical illness

  • Flexible options for using paid sick time in smaller increments (e.g., hours instead of full days)

  • Clear provisions for FMLA and ADA accommodations, like extending unpaid medical leave when necessary

  • A policy that applies consistently to remote employees, covering sick leave based on the state where the employee performs work

This flexibility helps your business stay compliant while showing employees that their wellbeing matters. Inclusive paid sick leave policies reduce absenteeism, boost morale, and create a more supportive work environment.

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How many sick days do employees get? Paid sick leave laws by state

As of 2026, 21 states and Washington, D.C. have enacted laws mandating paid sick leave (or paid leave for any reason) for employees. The landscape expanded significantly between 2025 and 2026 — Alaska and Nebraska both enacted new laws, Connecticut expanded its employer coverage threshold, and several states added new qualifying reasons for use. These paid sick leave laws vary in terms of accrual rates, maximum usage, carryover policies, and coverage for . Below is a 2026 overview of these regulations:

State

Covered employers and employees

Accrual rate & maximum usage and carryover

Coverage for part-time employees

Alaska

All employers; most employees (several exceptions apply). Effective July 1, 2025.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Employers with 15+ employees: up to 56 hours per year; employers with fewer than 15 employees: up to 40 hours per year.

Part-time employees are covered if they meet the accrual criteria.

Arizona

All employers; all employees except casual babysitters and state or federal government employees.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Employers with 15+ employees: up to 40 hours per year; employers with fewer than 15 employees: up to 24 hours per year. Unused sick leave can be carried over, but annual usage is capped at the aforementioned limits.

Part-time employees are covered if they meet the accrual criteria.

California

Employers with 1+ employees; employees who work more than 30 days in a year in California.

Accrual rate: 1 hour per 30 hours worked. Employers may use an accrual method or front-load the full amount at the beginning of the year. Usage & carryover: Up to 40 hours (5 days) per year. Employers may cap accrual at 80 hours or 10 days. Unused sick leave can be carried over, subject to accrual caps. Note: Expanded safe-time protections effective Jan 1, 2026.

Part-time employees who work 30 or more days per year for the same employer are eligible.

Colorado

All employers; all employees.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 48 hours per year. Employees can carry over up to 48 hours of unused sick leave each year.

Part-time employees accrue sick leave at the same rate as full-time employees.

Connecticut

Employers with 11+ employees (as of Jan 1, 2026; expands to all employers Jan 1, 2027); employees who work an average of 10+ hours per week.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but annual usage is capped at 40 hours.

Part-time employees meeting the hourly threshold are eligible.

Illinois †

All employers; all employees except those covered by Chicago's or Cook County's ordinances.

Accrual rate: 1 hour per 40 hours worked. Usage & carryover: Up to 40 hours per year. Front-loading is permitted. Unused leave can be carried over, subject to employer policies.

Part-time employees accrue sick leave at the same rate as full-time employees.

Maine †

Employers with 10+ employees; employees who have worked for 120+ days.

Accrual rate: 1 hour per 40 hours worked. Usage & carryover: Up to 40 hours per year. Unused leave can be carried over, subject to employer policies.

Part-time employees are eligible after 120 days of employment.

Maryland

Employers with 15+ employees; employees who regularly work 12+ hours per week.

Accrual rate: 1 hour per 30 hours worked. Annual accrual capped at 40 hours; employers may front-load. Usage & carryover: Annual usage capped at 64 hours. Employees can carry over up to 40 hours.

Part-time employees meeting the hourly threshold are eligible.

Massachusetts

Employers with 11+ employees; employees whose primary place of work is in Massachusetts.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but accrual is capped at 40 hours per year.

Part-time employees accrue sick leave at the same rate as full-time employees.

Michigan

All employers; all employees (limited exceptions apply).

Accrual rate: 1 hour per 35 hours worked. Usage & carryover: Employers with 10+ employees: annual accrual cap of 72 hours, usage capped at 40 hours per year. Employers with fewer than 10 employees: 40 hours accrual and usage cap. Unused leave can be carried over, subject to employer policies.

Part-time employees accrue sick leave at the same rate as full-time employees.

Minnesota

All employers; all employees who work 80+ hours per year.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 48 hours per year. Employees can carry over unused sick leave, subject to a cap of 80 hours.

Part-time employees meeting the hourly threshold are eligible.

Nebraska

Employers with 11+ employees; employees working 80+ hours per year in Nebraska. Effective October 1, 2025.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Employers with 20+ employees: up to 56 hours per year; employers with 11–19 employees: up to 40 hours per year.

Part-time employees meeting the 80-hour annual threshold are eligible.

Nevada †

Private employers with 50+ employees; all employees except those in first 2 years of a new business.

Accrual rate: 0.01923 hours per hour worked. Usage & carryover: Up to 40 hours per year. Unused leave can be carried over, but annual usage is capped at 40 hours.

Part-time employees accrue leave at the same rate as full-time employees.

New Jersey

All employers; most employees (certain exceptions apply).

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but annual usage is capped at 40 hours.

Part-time employees accrue sick leave at the same rate as full-time employees.

New Mexico

Private employers with 1+ employees; all employees (excludes tribal land).

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 64 hours in a fixed 12-month period. Unused sick leave can be carried over, but annual usage is capped at 64 hours.

Part-time employees accrue sick leave at the same rate as full-time employees.

New York

Private employers with 5+ employees or net income of more than $1 million; all employees. Note: NYC expanded safe and sick time reasons effective February 22, 2026.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Employers with 100+ employees: up to 56 hours per year; employers with 5–99 employees: up to 40 hours per year. Unused sick leave can be carried over, but annual usage is capped at the aforementioned limits.

Part-time employees accrue sick leave at the same rate as full-time employees.

Oregon

Employers with 10+ employees (6+ in Portland); all employees.

Accrual rate: 1 hour per 30 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but accrual is capped at 80 hours. Qualifying reasons expanded to include blood donation (effective Jan 1, 2026).

Part-time employees accrue sick leave at the same rate as full-time employees.

Rhode Island

Employers with 18+ employees; all employees except certain state and federal workers, and per diem nurses.

Accrual rate: 1 hour per 35 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but annual usage is capped at 40 hours.

Part-time employees who meet the accrual criteria are eligible.

Vermont

All employers; all employees.

Accrual rate: 1 hour per 52 hours worked. Usage & carryover: Up to 40 hours per year. Unused sick leave can be carried over, but annual usage is capped at 40 hours.

Part-time employees accrue sick leave at the same rate as full-time employees.

Washington

All employers; all employees.

Accrual rate: 1 hour per 40 hours worked. Usage & carryover: No annual usage cap; unused sick leave can be carried over. Note: expanded to cover immigration proceedings (effective July 27, 2025).

Part-time employees accrue sick leave at the same rate as full-time employees.

Washington, D.C.

Most private employers; employees working 2+ days per week in DC.

Accrual rate: 1 hour per 37 hours worked. Usage & carryover: Usage cap varies by employer size: 0 employees: 24 hours/year; 1–24 employees: 40 hours/year; 25–99 employees: 56 hours/year; 100+ employees: 56 hours/year. Unused leave carries over subject to the annual usage cap.

Part-time employees accrue leave at the same rate as full-time employees.

† Illinois, Maine, and Nevada have paid leave for any reason laws — employees may use this leave for any purpose, not limited to illness.

Simplify sick leave management with Rippling

Managing paid sick leave compliance across various jurisdictions can be complex. Rippling's built on a single source of truth, simplifies this process with a full suite of HR tools designed to automate tracking, customize policies, and ensure adherence to regulations.

Rippling's automates the tracking of hours worked. It facilitates precise accrual of paid sick time, with approved hours seamlessly syncing to , eliminating manual data entry and reducing errors. Compliance management features automate tax calculations and filings, helping you stay up-to-date with the latest regulations. This gives you total peace of mind, knowing you're administering paid leave correctly and meeting all legal requirements.

With Rippling's , you can forecast staffing needs to keep your team covered, even when employees take sick days. The platform allows you to tailor paid sick leave policies to align with your specific company needs and comply with local laws. It even allows for the creation of custom pay types, job codes, and the configuration of overtime and break policies, making sure that all policies are compliant and reflective of your specific organizational practices.

With Rippling, you can do so much more than just manage paid sick leave. You can maintain compliance, streamline operations, and support your team with a single, unified platform.

Frequently Asked Questions

As of 2026, 21 states plus Washington, D.C. have mandatory paid sick leave or paid leave-for-any-reason laws: Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C. Alaska's law took effect July 1, 2025, and Nebraska's took effect October 1, 2025. Connecticut expanded coverage to employers with 11 or more employees as of January 1, 2026, with full coverage extending to all employers on January 1, 2027. Many cities and counties in states without statewide laws also have their own requirements — employers should review local ordinances for every location they operate in.

Most state laws use an accrual model where employees earn sick time based on hours worked. The most common rate is 1 hour of leave for every 30 hours worked — used by California, Colorado, Washington, New York, and many others. Some states use different rates: Connecticut and Washington state use 1 hour per 30 hours worked (Connecticut updated to this rate in 2026), while Vermont uses 1 hour per 52 hours worked. Many states allow employers to "front-load" the full annual amount at the start of the year as a simplified alternative to tracking rolling accrual. When employers front-load, they generally do not need to allow carryover. Carryover rules vary by state: most require unused leave to carry over up to a set cap, while others allow employers to cap or zero out balances if leave was front-loaded.

In most states, a combined PTO policy can satisfy paid sick leave requirements — provided the policy meets or exceeds the law's minimums in hours, qualifying reasons, accrual method, and carryover rules. Key caveats: In California, PTO that combines vacation and sick time is subject to the state's no-forfeiture rule, meaning it cannot be use-it-or-lose-it. In New York, a separate sick leave bank is recommended to avoid triggering the carryover and usage rules that apply to vacation time. For Illinois and Maine, leave may be used for any reason, which a standard PTO policy naturally satisfies. Employers with employees across multiple states should audit their PTO policy against each state's specific requirements — a single policy is often not sufficient for full multi-state compliance.

Most state laws cover: the employee’s own physical or mental illness, injury, or health condition (including preventive care and medical appointments); care for a family member with a health condition; and leave related to domestic violence, sexual assault, or stalking for the employee or a covered family member. Many states have recently expanded their definitions of covered family members to include parents-in-law, grandparents, grandchildren, siblings, domestic partners, and even any individual whose close association is the equivalent of a family relationship. Three states — Illinois, Maine, and Nevada — take a broader approach and allow leave to be used for any reason at all. Several states also permit leave for school or workplace closures due to a public health emergency. California added new qualifying reasons in 2026, allowing victims of certain crimes to use sick leave to attend judicial proceedings.

In most states, accrued paid sick leave does not need to be paid out upon termination — unlike vacation time in states such as California. However, if an employer combines sick leave and vacation into a single PTO bank, that entire balance may be subject to the state's vacation payout rules. Maine is a notable exception: its Earned Employee Leave law requires payout for employers with 10 or more employees. California also requires payout when sick leave is part of a combined PTO policy. Employers should structure sick leave as a separate, standalone benefit wherever possible to avoid unintended payout obligations, and should review their state's specific rules before making termination payouts.

Most state sick leave laws restrict when employers can ask for documentation. Generally, documentation such as a doctor’s note may only be requested for absences of three or more consecutive days. Requesting it for single-day or short absences is prohibited under California, New York, Oregon, Washington, and most other state sick leave laws. Even when documentation is permitted, employers generally cannot ask for a specific diagnosis — a note confirming the employee was seen by a provider and unable to work is typically sufficient. Requiring documentation for every absence is one of the most common sick leave compliance mistakes and can expose employers to retaliation claims if it deters employees from using legally protected leave.

Paid sick leave laws, the FMLA, state family and medical leave laws, and ADA accommodations are overlapping but separate legal frameworks. The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualifying health or family reasons — it does not mandate paid leave, but employers may require employees to use accrued paid sick time concurrently with FMLA, provided the policy is applied consistently. Some state laws limit this: New York's Paid Sick Leave Law, for example, does not permit employers to require concurrent use. The ADA may independently require additional leave beyond what sick leave laws mandate as a reasonable accommodation. Employers with multi-state workforces should map each layer of leave law for every state they operate in to identify how these frameworks interact.

Most state paid sick leave laws require employers to take three key compliance actions: post a notice of employee rights in the workplace (a state-specific labor law poster), provide written notice of sick leave rights to new employees at or near the time of hire, and regularly notify employees of their available sick leave balance — typically shown on each pay stub or through an employee self-service portal. California and New York mandate that balance notifications appear on every pay stub. Connecticut and several other states require written notice to new hires within 30 days of starting. Some states also require notice materials in languages other than English when a significant portion of the workforce speaks a different language. Failure to post or notify is one of the most common — and most easily avoidable — sick leave violations.

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Disclaimer

Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.

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Vanessa Kahkesh

Content Marketing Manager, HR

Vanessa Kahkesh is a content marketer for HR passionate about shaping conversations at the intersection of people, strategy, and workplace culture. At Rippling, she leads the creation of HR focused content. Vanessa honed her marketing, storytelling, and growth skills through roles in product marketing, community building, and startup ventures. She worked on the product marketing team at Replit and was the founder of STUDENTpreneurs, a global community platform for student founders. Her multidisciplinary experience — combining narrative, brand, and operations — gives her a unique lens into HR content: she effectively bridges the technical side of HR with the human stories behind them.

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