PTO Accrual Calculator by State

Fact Check: PTO Accrual Calculator by State

Verified
31
Partial
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Issue
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Outdated
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Unverifiable
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Verified May 24, 2026How we fact-check

Summary

All 29 verifiable claims verified against Tier-1 sources: 22 state and city paid-sick-leave statutes or ordinances, including Alaska, Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York State, New York City, Oregon, Rhode Island, San Francisco, Vermont, Washington, and Colorado. The modeled values (accrual rate, annual usage cap, balance cap, waiting period, and small-employer tier where applicable) match the cited statutes and current administrative guidance. Recent amendments tracked: Connecticut's 11-employee phase-in (2026), Maine's LD 55 (Sept 2025), Michigan ESTA amendments (Feb 2025), Nebraska HFWA (Oct 1, 2025), NYC ESSTA's 32-hour unpaid bank (Feb 2026), and California SB 616 (2024).

Claims — Modeled-data thresholds

22 claims

California — 1 hour per 30 worked, 40h annual usage, 80h bank cap, 90-day waiting period

Source (primary)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=246
Source (secondary)
https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm
Verified
May 24, 2026
Notes

SB 616 (2024) is the controlling recent amendment. The DIR FAQ confirms the 90-day waiting period before use and the 80-hour bank cap. The benchmark / template-state status (HWHFA influenced subsequent state laws) is accurate.

Connecticut — 1 hour per 30 worked, 40h annual, 40h bank cap, 120-day waiting period; phase-in by employer size (25+ in 2025, 11+ in 2026, all in 2027)

Source (primary)
https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-57v
Source (secondary)
https://portal.ct.gov/dol/divisions/wage-and-workplace-standards/paid-sick-leave
Verified
May 24, 2026
Notes

The 120-day waiting period is the statutory eligibility threshold (must work 120 days before accrual begins). The phase-in structure (25+ in 2025, 11+ in 2026, all employers in 2027) is set by 2024 amendments.

Maine — 1 hour per 40 worked, 40h annual, 80h bank cap (per LD 55), 120-day waiting period; any-reason leave

Source (primary)
https://www.mainelegislature.org/legis/statutes/26/title26sec637.html
Source (secondary)
https://www.maine.gov/labor/labor_laws/earnedpaidleave/
Verified
May 24, 2026
Notes

LD 55's September 2025 effective date raised the carryover cap to 40 hours without reducing the next year's accrual, effectively setting an 80-hour balance ceiling (40 carried + 40 newly accrued). The Maine DOL guidance reflects the post-LD-55 framework.

Maryland — 1 hour per 30 worked, 40h annual usage, 64h bank cap, no waiting period

Source (primary)
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1304
Source (secondary)
https://www.dllr.state.md.us/labor/wages/essseflyer.pdf
Verified
May 24, 2026
Notes

Maryland's 64-hour bank cap with 40h annual usage is correct per the statute. The 15-employee threshold for paid vs unpaid leave is documented in the notable field (under-15 employers must offer unpaid leave; the calculator's modeled set is the paid-leave tier).

Michigan — 1 hour per 30 worked, 72h annual (40h small tier), 72h bank cap, 120-day waiting period (ESTA, amended Feb 2025)

Source (primary)
https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/earned-sick-time-act
Source (secondary)
http://www.legislature.mi.gov/(S(0))/mileg.aspx?page=getobject&objectname=mcl-408-961
Verified
May 24, 2026
Notes

The February 21, 2025 amendments materially changed ESTA. Large employers (11+) may cap accrual/carryover/usage at 72 hours; small employers (≤10) may cap at 40. The 120-day waiting period is the post-amendment eligibility threshold.

Nebraska — 1 hour per 30 worked, 56h annual (40h small tier), unlimited bank cap, no waiting period; statute covers 11+ employee employers only

Source (primary)
https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=53066
Source (secondary)
https://dol.nebraska.gov/LaborStandards/WageAndHour
Verified
May 24, 2026
Notes

HFWA created two tiers — 20+ employees: 56h annual; 11-19 employees: 40h annual. Under-11 employers are not covered; this is correctly surfaced in the notable field. Accrual begins after 80 hours of consecutive employment.

Nevada — 1 hour per 52 worked, 40h annual, 40h bank cap, 90-day waiting period; statute applies to 50+ employee employers only

Source (primary)
https://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec0197
Source (secondary)
https://labor.nv.gov/Employees/Paid_Leave/
Verified
May 24, 2026
Notes

The 50+ employee threshold is correctly surfaced in the notable field — Nevada is unique among modeled states in having such a high floor for coverage. The "any reason" framing (similar to Illinois) is also correct.

New York State — 1 hour per 30 worked, 56h annual for 100+ employees, 40h annual for 5-99 employees, no statewide waiting period

Source (primary)
https://www.nysenate.gov/legislation/laws/LAB/196-B
Source (secondary)
https://dol.ny.gov/paid-sick-leave
Verified
May 27, 2026
Notes

The tool models the paid tiers: 40 hours for employers with 5-99 employees and 56 hours for 100+ employees. Employers with fewer than 5 employees and net income of $1 million or less owe unpaid sick leave; that unpaid-only carve-out is documented as not modeled.

New York City — 1 hour per 30 worked, 56h annual (40h small tier), 56h bank cap, no waiting period (waiting period eliminated by Local Law 97, 2020); Feb 2026 amendments added 32-hour unpaid bank

Source (primary)
https://www.nyc.gov/site/dca/about/paid-sick-leave-FAQs.page
Source (secondary)
https://www.nyc.gov/site/dca/workers/workersrights/safe-sick-leave.page
Verified
May 24, 2026
Notes

The 100-employee threshold (the highest in any modeled jurisdiction) is correctly surfaced as the small-tier boundary. Local Law 97 (2020) eliminated the prior paid-leave waiting period; the Feb 2026 amendments added a SEPARATE 32-hour unpaid leave bank.

San Francisco — 1 hour per 30 worked, 72h annual (40h small tier), 72h bank cap, 90-day waiting period; mandatory carryover even when employer frontloads

Source (primary)
https://www.sf.gov/paid-sick-leave-ordinance
Source (secondary)
https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-65015
Verified
May 24, 2026
Notes

SF is unusual in requiring carryover EVEN when the employer frontloads (most jurisdictions waive carryover if frontloaded). The carryoverNote surfaces this distinction.

Washington — 1 hour per 40 worked, 40h annual usage, unlimited bank cap, 90-day waiting period; illegal to cap accrual or limit annual usage

Source (primary)
https://app.leg.wa.gov/RCW/default.aspx?cite=49.46.210
Source (secondary)
https://lni.wa.gov/workers-rights/leave/paid-sick-leave/
Verified
May 24, 2026
Notes

Washington's structure (unlimited bank, must allow at least 40h carryover) is correctly captured. The state law also limits employer-imposed annual usage caps — surfaced in the notable field.

Statutory / regulatory

7 claims

Maine LD 55 — effective September 2025; raised the Earned Paid Leave carryover cap so employees may carry up to 40 hours without reducing the next year's accrual

Source (primary)
https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0042&item=4&snum=132 (LD 55, 132nd Legislature)
Source (secondary)
https://www.maine.gov/labor/labor_laws/earnedpaidleave/
Verified
May 24, 2026

Statistical aggregate

1 claim

22 modeled jurisdictions cover the broad US state paid-sick-leave laws plus NYC and San Francisco

Source (primary)
Per-state statutes cited above

cross-verified via the paid-sick-leave article paid-sick-leave-laws-by-state

Verified
May 24, 2026
Notes

Three-tier ordinances (Chicago, Seattle, DC) and narrow carve-outs (Virginia — home health only) are intentionally deferred per the data file's header comment.

Currency

1 claim

All modeled state rules current AS OF this verification date

Source (primary)
Per-state statutes cited above
Verified
May 24, 2026
Notes

Missouri Prop A took effect May 2025 and was repealed by HB 567 in August 2025 — no Missouri law is in force as of verification; correctly not modeled.

Sources

50 unique sources cited across the report — click to audit any claim directly against its evidence.

  1. 1.https://labor.alaska.gov/lss/PSL/PSL.htm
  2. 2.https://akleg.gov/basis/statutes.asp#23.10.620
  3. 3.https://www.azica.gov/labor-earned-paid-sick-time-laws-frequently-asked-questions
  4. 4.https://www.azleg.gov/ars/23/00373.htm
  5. 5.https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=246
  6. 6.https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm
  7. 7.https://cdle.colorado.gov/wage-and-hour-law/healthy-families-and-workplaces-act-hfwa
  8. 8.https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-57v
  9. 9.https://portal.ct.gov/dol/divisions/wage-and-workplace-standards/paid-sick-leave
  10. 10.https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=4297
  11. 11.https://labor.illinois.gov/laws-regulations/fls/paid-leave-for-all-workers-act.html
  12. 12.https://www.mainelegislature.org/legis/statutes/26/title26sec637.html
  13. 13.https://www.maine.gov/labor/labor_laws/earnedpaidleave/
  14. 14.https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-1304
  15. 15.https://www.dllr.state.md.us/labor/wages/essseflyer.pdf
  16. 16.https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148C
  17. 17.https://www.mass.gov/info-details/massachusetts-law-about-sick-leave
  18. 18.https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/earned-sick-time-act
  19. 19.http://www.legislature.mi.gov/(S(0))/mileg.aspx?page=getobject&objectname=mcl-408-961
  20. 20.https://www.dli.mn.gov/sick-leave
  21. 21.https://www.revisor.mn.gov/statutes/cite/181.9445
  22. 22.https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=53066
  23. 23.https://dol.nebraska.gov/LaborStandards/WageAndHour
  24. 24.https://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec0197
  25. 25.https://labor.nv.gov/Employees/Paid_Leave/
  26. 26.https://www.nj.gov/labor/myleavebenefits/worker/sick/
  27. 27.https://www.njleg.state.nj.us/legislative-statute/title-34
  28. 28.https://www.dws.state.nm.us/HWA
  29. 29.https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0020.pdf
  30. 30.https://www.nysenate.gov/legislation/laws/LAB/196-B
  31. 31.https://dol.ny.gov/paid-sick-leave
  32. 32.https://www.nyc.gov/site/dca/about/paid-sick-leave-FAQs.page
  33. 33.https://www.nyc.gov/site/dca/workers/workersrights/safe-sick-leave.page
  34. 34.https://www.oregon.gov/boli/workers/pages/sick-time.aspx
  35. 35.https://oregon.public.law/statutes/ors_653.601
  36. 36.https://dlt.ri.gov/regulation-enforcement/labor-standards/healthy-and-safe-families-and-workplaces-act
  37. 37.http://webserver.rilegislature.gov/Statutes/TITLE28/28-57/INDEX.htm
  38. 38.https://www.sf.gov/paid-sick-leave-ordinance
  39. 39.https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-65015
  40. 40.https://labor.vermont.gov/wagehour/earned-sick-time
  41. 41.https://legislature.vermont.gov/statutes/section/21/005/00481
  42. 42.https://app.leg.wa.gov/RCW/default.aspx?cite=49.46.210
  43. 43.https://lni.wa.gov/workers-rights/leave/paid-sick-leave/
  44. 44.https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB616
  45. 45.https://www.cga.ct.gov/2024/act/Pa/pdf/2024PA-00039-R00HB-05005-PA.pdf (Public Act 24-39)
  46. 46.https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-338-of-2018 (as amended)
  47. 47.https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4421149 (Local Law 97 of 2020)
  48. 48.https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0042&item=4&snum=132 (LD 55, 132nd Legislature)
  49. 49.Per-state statutes cited above
  50. 50.

    cross-verified via the paid-sick-leave article paid-sick-leave-laws-by-state

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