Paid sick leave is one of the fastest-changing areas of US employment law. In just the last couple of years, new state laws have taken effect, existing ones have been amended, and at least one voter-approved law was repealed before most employers had finished updating their handbooks. If you have employees in more than one state, or you are not sure whether your state requires paid sick time at all, this guide gives you the lay of the land.
There is no federal paid sick leave requirement
Federal law does not require private employers to offer paid sick leave. The Family and Medical Leave Act (FMLA) provides eligible employees of employers with 50 or more employees up to 12 weeks of job-protected leave for qualifying reasons, but that leave is unpaid. The ADA can require leave as a reasonable accommodation in some situations, but it does not create a general paid sick leave entitlement.
Paid sick leave mandates come from states and, in many places, cities and counties.
States that require paid sick leave
As of 2026, around 20 states plus the District of Columbia require many or all private employers to provide paid sick leave or general paid leave that can be used for illness. The table below lists them. Coverage thresholds, accrual rates, annual caps and permitted uses differ significantly, so follow the link for each state's details.
| State | Notes |
|---|---|
| Alaska | Voter-approved law in effect since July 2025 |
| Arizona | Annual cap depends on employer size |
| California | Statewide law plus several city ordinances with more generous terms |
| Colorado | Includes additional leave during declared public health emergencies |
| Connecticut | Coverage has been expanding to smaller employers in phases |
| District of Columbia | Accrual rate and cap depend on employer size |
| Illinois | Paid leave usable for any reason; Chicago and Cook County have their own rules |
| Maine | Paid leave usable for any reason for employers above a size threshold |
| Maryland | Smaller employers may provide unpaid rather than paid leave |
| Massachusetts | Paid for larger employers, unpaid for the smallest |
| Michigan | Earned Sick Time Act took effect in 2025, with later dates for small employers |
| Minnesota | Earned Sick and Safe Time; Minneapolis and St. Paul have local rules |
| Nebraska | Voter-approved law in effect since October 2025, amended to exempt the smallest employers |
| Nevada | Paid leave for any reason for larger employers |
| New Jersey | Applies to employers of all sizes |
| New Mexico | Applies to all private employers |
| New York | Annual amount depends on employer size; New York City has its own law |
| Oregon | Paid for employers above a size threshold, unpaid for smaller ones |
| Rhode Island | Paid leave for employers above a size threshold |
| Vermont | Some employer and employee categories are exempt |
| Washington | No state cap on accrual or use; Seattle and Tacoma have local rules |
Recent changes to know about
Missouri repealed its law
Missouri voters approved a paid sick leave law in November 2024, and it took effect in May 2025. The legislature then repealed it, effective August 28, 2025. Missouri currently has no statewide paid sick leave mandate. If you updated your policies for the Missouri law, you may now revise them, but make sure any changes to leave employees have already accrued are handled carefully and communicated clearly. See the Missouri HR law guide.
New laws in Alaska, Nebraska and Michigan
Alaska and Nebraska both adopted paid sick leave through ballot measures in 2024, with requirements taking effect in 2025. Nebraska's law was amended before it took effect to exempt the smallest employers. Michigan's Earned Sick Time Act took effect in 2025 after a court ruling and legislative amendments.
Virginia is phasing one in
Virginia currently requires paid sick leave only for certain home health workers, but a 2026 law will phase in broader paid sick leave starting in 2027, beginning with larger employers. See the Virginia guide for dates.
Do not forget cities and counties
Even in states without a statewide mandate, local ordinances may apply. For example, Pennsylvania has no statewide law, but Philadelphia and Pittsburgh have their own paid sick leave ordinances. Several cities in states that do have a law, such as California, Illinois, Minnesota, New York and Washington, add more generous local requirements.
Going the other way, some states, including Georgia, Indiana, Iowa, Kansas and Louisiana, have laws that prevent cities and counties from imposing their own paid leave mandates on private employers.
What most paid sick leave laws have in common
Details vary, but most state laws share a similar structure:
- Accrual based on hours worked (commonly one hour of leave for every 30 or 40 hours worked), or the option to frontload a full year's amount
- Annual caps on how much leave can be accrued or used
- Carryover of unused leave, sometimes with a cap or a frontloading alternative
- Covered uses including the employee's own illness, care for a family member, preventive care and, in many states, "safe time" for domestic violence-related needs
- Limits on documentation, often allowing a doctor's note only after several consecutive days of absence
- Notice and posting requirements, and sometimes pay stub reporting of available balances
- Anti-retaliation protections, including bans on counting protected sick leave as an attendance violation
- No required payout at separation in most states, though some require reinstatement of unused leave if the employee is rehired within a set period
Policy design checklist
- List every state and city where you have employees, including remote workers
- Check each location's coverage threshold, accrual rate, cap, carryover and permitted uses
- Decide between accrual and frontloading
- Decide whether to have a separate sick leave policy or a combined PTO policy that meets every applicable law
- Update attendance and point-based policies so protected sick leave is not counted against employees
- Configure payroll to track and display balances where required
- Post required notices and give written notice to employees
- Calendar an annual review, since these laws change often
A combined PTO policy can satisfy sick leave laws if it provides at least the same amount of leave, for the same uses, under the same conditions. The AskHrAI PTO policy tool can help you build a policy that fits your states.
Key takeaways
- There is no federal paid sick leave mandate for private employers; FMLA leave is unpaid.
- Around 20 states plus DC require paid sick or paid leave, with very different details.
- Missouri repealed its law effective August 28, 2025; Virginia's new law phases in from 2027.
- City and county ordinances can add requirements, and some states block them.
- Review your policy against every location where you have employees at least once a year.
This article is general information, not legal advice. Employment laws change and vary by state and city — confirm details with your state labor department or an employment attorney.