TL;DR: There is no federal law requiring paid sick leave, it comes entirely from state and local law. States including California, Washington, New York, and Michigan require it by statute, and each sets its own accrual rate, annual cap, and covered-employer threshold. Most laws use some version of an "hours worked" accrual formula, commonly around 1 hour of paid sick time per 30 hours worked. Here's what's actually verified, state by state, plus how to check the law where you live.
You've probably heard "paid sick leave is required by law" and assumed that settles it. It doesn't, not nationally, anyway. Whether you accrue paid sick days at all, and how many, depends entirely on which state (and sometimes which city) you work in. This guide walks through what's actually confirmed at the state level, how the accrual math typically works, and what to do if your state has no mandate at all.
Is There a Federal Law Requiring Paid Sick Leave?
No. There is no federal law that requires private employers to provide paid sick leave. The Family and Medical Leave Act (FMLA) guarantees up to 12 weeks of job-protected leave for serious health conditions, but that leave is unpaid. FMLA doesn't require your employer to pay you a dime while you're out. If your employer offers paid sick days, it's either because they've chosen to as a benefit, or because a state or local law requires it.
This matters because a lot of workers assume paid sick leave is a baseline federal right, the way minimum wage is. It isn't. If you don't live in a state with a paid sick leave law, and your employer doesn't offer paid sick days voluntarily, you may have no legal right to paid time off when you're sick at all, only the unpaid protections FMLA provides, and only if you meet FMLA's eligibility requirements.
Which States Require Paid Sick Leave? Verified Examples
The honest answer is that the exact count shifts depending on the source and how "paid sick leave" is defined, some trackers count states with broader "paid leave for any reason" laws (like Illinois, Maine, and Nevada) alongside traditional paid-sick-leave states, and some don't. Rather than repeat an unverified total, here's what's directly confirmed from state government sources, with specifics you can check yourself.
State | Accrual Rate | Annual Use Cap | Source |
|---|
California | 1 hour per 30 hours worked (or frontloaded) | 40 hours / 5 days (use); 80 hours accrual cap | California DIR |
Washington | 1 hour per 40 hours worked | No use cap; up to 40 hours carries over | Washington L&I |
New York | 1 hour per 30 hours worked | 40 hours (small employers) to 56 hours (100+ employees) | New York State |
Michigan | 1 hour per 30 hours worked | 40 hours (small employers) to 72 hours | Michigan LEO |
A few things worth knowing about these four, since they illustrate how much the details can vary even among states that all use the same basic "hours worked" formula:
California requires employers to provide at least 40 hours (5 days) a year, either through accrual at 1 hour per 30 hours worked or by frontloading the full amount at the start of the year. Employers can cap total accrual at 80 hours, but the amount you're allowed to use in a year can be capped at 40. Coverage kicks in once you've worked 30 days for the same employer within a year, nearly every worker qualifies eventually.
Washington uses a slower accrual rate (1 hour per 40 hours worked instead of 30) but doesn't cap annual use at all. You can carry over up to 40 unused hours into the next year, and the law covers nearly all employers regardless of size.
New York scales the cap to employer size. Work for a company with 100 or more employees and you can accrue up to 56 hours a year; at a company with 5 to 99 employees, the cap is 40 hours. Employers with fewer than 5 employees and under $1 million in net income can require the leave to be unpaid, though it must still be job-protected.
Michigan overhauled its Earned Sick Time Act effective February 21, 2025 (with small businesses (10 or fewer employees) phased in starting October 1, 2025). Under the current law, employees accrue 1 hour per 30 hours worked, capped at 72 hours annually for most employers and 40 hours for small businesses.
Beyond these four, multiple industry trackers (payroll and HR compliance firms that maintain their own state-by-state charts) report paid sick leave mandates in Arizona, Colorado, Connecticut, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington, D.C. With Illinois, Maine, and Nevada requiring broader "paid leave for any reason" that covers sick time along with other uses. Because these laws change frequently, new caps, new employer thresholds, sometimes entirely new statutes, the accrual specifics for any state not listed above are worth confirming directly with that state's department of labor before you rely on them. If you're not sure what applies where you live, check your state's leave laws directly.
How Paid Sick Leave Accrual Actually Works
Even though the exact numbers differ, most state paid sick leave laws use the same basic mechanic: an accrual formula tied to hours worked, expressed as "1 hour of paid sick time for every X hours worked."
Here's what that looks like in practice. If your state uses a 1-hour-per-30-hours formula (California, New York, and Michigan all do) and you work a standard 40-hour week, you accrue roughly 1.33 hours of paid sick time per week, a little over an hour and 20 minutes. Over a 52-week year, that adds up to around 69 hours accrued, though your state's annual cap (commonly 40 hours) usually limits how much you can actually bank or use.
Two other mechanics show up across most state laws:
Frontloading. Instead of accruing leave gradually, some employers grant the full annual amount (often 40 hours) upfront at the start of the year or on your hire date. States that allow accrual generally also allow frontloading as an alternative, since it's simpler to administer.
Carryover. If you don't use your accrued sick leave by year's end, most laws require some amount to carry over into the next year, though employers can usually still cap how much you're allowed to use annually, even if more has technically accrued.
Part-time and hourly workers accrue paid sick leave proportionally to hours actually worked, there's no separate part-time rule in most states. Salaried employees typically accrue based on a standard 40-hour week regardless of actual hours worked, though this varies by state statute.
What Paid Sick Leave Typically Covers
Paid sick leave laws generally allow you to use accrued time for more than just your own cold or flu. Common covered uses include:
Your own illness, injury, or medical condition, including diagnosis and treatment
Preventive medical care, like check-ups, vaccinations, or screenings
Caring for a sick family member, typically a spouse, child, or parent, though some states define "family member" more broadly to include siblings, grandparents, or domestic partners
Absences related to domestic violence, sexual assault, or stalking, in states that include these provisions
Public health emergencies, including school or workplace closures ordered by a health authority
Some states go further. Washington's law, for example, was expanded to cover time needed for immigration-related judicial or administrative proceedings. Always check your specific state's statute, or your employer's written policy, which may extend beyond what state law requires, for the complete list of covered reasons.
What If Your State Doesn't Require Paid Sick Leave?
If you work in a state without a paid sick leave mandate, you have no state-guaranteed right to paid time off for illness, your options depend entirely on your employer's policy. A few things are still worth checking:
Your employee handbook. Many employers offer paid sick days voluntarily, even without a legal requirement, often bundled into a general PTO policy.
Local ordinances. Some cities and counties have their own paid sick leave laws even when the state doesn't, check with your city or county government, not just the state.
FMLA, for unpaid protection. If your own or a family member's condition qualifies as "serious" under FMLA, you can get up to 12 weeks of unpaid, job-protected leave. It won't pay your wages, but it protects your job. Confirm your FMLA eligibility here.
Short-term disability. If your illness is severe enough to keep you out of work for an extended period, short-term disability insurance (through your employer or a private policy) may replace part of your income where paid sick leave doesn't exist.
How to Check Your State's Paid Sick Leave Law
Because these laws change often, new states pass them, existing states amend accrual rates and caps, and thresholds shift, the most reliable move is to go straight to the source:
Frequently Asked Questions
Does federal law require paid sick leave?
No. There is no federal law requiring private employers to provide paid sick leave. FMLA provides up to 12 weeks of unpaid, job-protected leave for serious health conditions, but it doesn't require pay. Any right to paid sick leave comes from state or local law, or from your employer's own policy.
How many states require paid sick leave?
The count varies by source depending on how "paid sick leave" is defined, some trackers include states with broader "paid leave for any reason" laws, others don't. Rather than cite an unverified total, this guide confirms specific state laws directly from state government sources: California, Washington, New York, and Michigan. For the broader legal landscape, including how sick leave interacts with other leave protections, see our sick leave laws overview. Check your own state's department of labor for the current, authoritative answer where you live.
How much paid sick leave do I accrue?
It depends on your state. California, New York, and Michigan use a 1-hour-per-30-hours-worked formula; Washington uses 1 hour per 40 hours. Annual caps on usable leave commonly land around 40 hours, though they range from 40 to 72 hours depending on the state and, in some cases, employer size.
Can I use paid sick leave to care for a family member?
Yes, in every state with a paid sick leave law. Coverage typically includes caring for a spouse, child, or parent, and some states extend it to siblings, grandparents, grandchildren, or domestic partners. Check your specific state's definition of "family member," since it varies.
Does paid sick leave carry over to the next year?
In most states with accrual-based laws, yes, unused hours carry over, though employers can usually still cap how much you're allowed to use in a single year even if more time has technically accrued. Washington, for example, requires up to 40 hours to carry over.
Can my employer require a doctor's note to use sick leave?
In many states, yes, but usually only after an absence of three or more consecutive days. Some states restrict how and when employers can request documentation, and a few prohibit employers from requiring a note that would create an unreasonable burden or cost. Check your state's specific rule.
Do part-time employees get paid sick leave?
Generally yes, if your state has a paid sick leave law. Coverage is usually based on hours actually worked, not full-time status, so part-time and hourly employees accrue leave proportionally rather than being excluded. For a breakdown of how many sick days workers typically end up with once accrual and caps are factored in, see how many sick days you get.
What happens to my accrued sick leave if I quit or get fired?
Unlike earned vacation time in some states, most paid sick leave laws do not require employers to pay out unused sick leave when employment ends. It's treated differently from PTO or vacation banks. Check your state's law and your employer's policy, since some employers voluntarily pay it out anyway.
Is paid sick leave the same as paid family leave?
No. Paid sick leave covers shorter-term illness and caregiving, typically capped around 40 hours a year. Paid family and medical leave (PFML) is a separate, larger benefit (available in a smaller group of states) that can provide weeks of partially paid leave for childbirth, bonding, or a family member's serious health condition, usually funded through payroll deductions. See the full state-by-state leave law breakdown for how the two interact.
Can my employer fire me for using paid sick leave?
No. In every state with a paid sick leave law, retaliating against an employee for using accrued sick leave (firing, demoting, disciplining, or threatening them) is illegal. If this happens to you, most states let you file a complaint with the state labor department.
Does my employer have to tell me how much paid sick leave I've accrued?
In many states, yes. Several paid sick leave laws require employers to provide written notice of accrued and used sick time, often on pay stubs or through a separate statement, so employees can track their balance.
What if I work remotely for a company based in a different state?
Paid sick leave coverage is generally based on where you physically perform the work, not where your employer is headquartered. If you work from home in a state with a paid sick leave law, you're typically covered by that state's law even if your employer is based elsewhere, though multi-state employers sometimes apply their most generous policy company-wide. Confirm with HR which policy applies to your specific work location.
Key Takeaways
No federal law requires paid sick leave. FMLA guarantees job protection, not pay.
Confirmed state laws include California, Washington, New York, and Michigan, each with its own accrual rate and cap, verify specifics directly with your state before relying on a number.
The common accrual model is roughly 1 hour of paid sick time per 30-40 hours worked, with annual caps typically between 40 and 72 hours.
Coverage usually extends to your own illness, preventive care, and caring for a family member.
No state law? Check local ordinances and your employer's handbook, and remember FMLA can still protect your job, even if it won't pay you.
