We checked the research against federal, state, city, and case-law sources. Coverage includes the federal unpaid-leave baseline, the sunset of the temporary FFCRA paid-leave mandate, Executive Order 13706 for federal contractors, California's Healthy Workplaces, Healthy Families Act, the state and local paid-sick-leave table, major city ordinances, and recent 2024-2026 changes such as Alaska, Nebraska, Michigan, Connecticut, California, Illinois, New York City, and Minnesota.
The May 29 pass also narrowed two public-facing claims: Clockspot is described as helping with time off and payroll-ready records, not automatically applying every state and city statute; and California is treated as a useful policy benchmark, not a universal substitute for local review.
The source spread runs heaviest at state legislature and state labor-agency sites for the per-state statutory claims. Federal claims are anchored in DOL, Congress, Federal Register, and Cornell LII sources. Case-law claims are cited by reporter or court source where available.
49 claims
There is no federal paid sick leave law in the United States
FMLA at 29 USC §§ 2601-2654 governs unpaid leave only. No federal statute mandates paid sick leave for private employers. Executive Order 13706 reaches federal contractors only.
29 USC § 2612(a)(1) provides 12 workweeks of unpaid, job-protected leave per 12-month period
Statute text matches; categories of qualifying leave (own SHC, family SHC, bonding, military exigency) confirmed.
FMLA coverage requires an employer with 50+ employees within 75 miles (29 USC § 2611(2)(B)) and an employee with 12 months of service and 1,250+ hours (29 USC § 2611(2)(A))
Statute and CFR text confirm.
29 USC § 2611(11) defines "serious health condition" as inpatient care or continuing treatment by a health care provider
Statutory definition matches; 29 CFR § 825.113 elaborates.
FFCRA paid-leave provisions sunset December 31, 2020 per Pub. L. 116-127 § 5109
§ 5109 confirms sunset on December 31, 2020. Note the Emergency Paid Sick Leave provision at § 5102 (80 hours full-time) and Emergency Family and Medical Leave Expansion at § 3102 (up to 10 weeks).
The American Rescue Plan Act § 9641 extended the FFCRA payroll-tax credit for voluntary continuation through September 30, 2021
§ 9641 extended the voluntary credit through September 30, 2021; did NOT extend the mandate.
Executive Order 13706 requires one hour of paid sick leave per 30 hours worked on or in connection with a covered federal contract, up to at least 56 hours per year
EO 13706 signed September 7, 2015; implementing regulations at 29 CFR Part 13. The 1:30 ratio and the 56-hour minimum match the EO text.
California Lab. Code §§ 245-249 codify the Healthy Workplaces, Healthy Families Act
Statute codified at Lab. Code Div. 2, Part 1, Ch. 1, Art. 1.5. Original enactment AB 1522 (Stats. 2014, ch. 317).
SB 616 (Stats. 2023, ch. 309) effective January 1, 2024 doubled annual minimum to 40 hours and raised balance cap to 80 hours
SB 616 chaptered Oct. 4, 2023; amended Lab. Code § 246 to raise annual entitlement from 24 to 40 hours and balance cap from 48 to 80 hours.
Lab. Code § 246(b)(1) requires accrual of one hour for every 30 hours worked
§ 246(b)(1) confirms the 1:30 ratio. § 246(b)(4) permits alternative-accrual provided 24 hours by day 120 and 40 hours by day 200.
Lab. Code § 246(c) imposes a 90-day waiting period before use
§ 246(c) confirms 90-day usage threshold. Accrual itself begins under § 246(b)(1) on first day.
Lab. Code § 246(d) permits frontload of 40 hours in lieu of accrual, with no carryover required
§ 246(d) confirms frontload alternative; 80-hour balance cap separate from frontload pathway.
Lab. Code § 246(h) requires written notice of available sick leave on each itemized wage statement
§ 246(h) confirms pay-stub balance disclosure requirement; failure to comply is independently actionable under Lab. Code § 226.
Lab. Code § 246(i) makes accrued unused sick leave NOT payable at separation
§ 246(i) confirms no-payout-at-separation rule. Compare Lab. Code § 227.3 which makes earned vacation a vested wage.
Lab. Code § 246(k) prohibits requiring a doctor's note for use of less than three consecutive days
DLSE FAQ confirms three-day threshold for documentation requirement.
Lab. Code § 246.5(a) lists qualifying uses: diagnosis, care, treatment, preventive care; victim of domestic violence/sexual assault/stalking under Lab. Code § 230.1
Lab. Code § 245.5(c) defines family member to include designated person under AB 1041 (2022)
AB 1041 (Stats. 2022, ch. 748) added the designated-person provision effective January 1, 2023.
Lab. Code § 248.5 imposes penalties up to $4,000 per employee plus treble damages or $250 in private actions; reinstatement, back pay, attorney fees
§ 248.5(a) administrative penalties; § 248.5(e) private right of action with treble damages or $250 plus fees and costs.
Lab. Code § 246(f) requires reinstatement of accrued unused sick leave if employee returns within one year
Lab. Code § 247.5 imposes a three-year recordkeeping retention requirement
PAGA penalties under Lab. Code § 2698 are $100 per aggrieved employee per pay period (first violation) and $200 (subsequent)
Lab. Code § 2699(f)(2) confirms penalty structure. 2024 PAGA reform (AB 2288, Stats. 2024, ch. 44) modified penalty caps but preserved sick-leave penalty exposure.
75 percent of PAGA penalty goes to the state Labor Commissioner; 25 percent to aggrieved employees
Lab. Code § 2699(i) confirms allocation. (Pre-AB 2288 was 75/25; the 2024 reform shifted to 65/35 effective for actions filed on or after June 19, 2024.)
Colorado HFWA codified at C.R.S. §§ 8-13.3-401 to -417
48 hours annual; 1:30 accrual; no waiting period.
Washington Paid Sick Leave codified at RCW 49.46.200-.210 (Initiative 1433)
1:40 accrual; no annual or balance cap; carryover minimum 40 hours; 90-day usage waiting.
Connecticut PA 24-8 effective January 1, 2025 with phase-in 25+ (2025), 11+ (2026), all (2027); accrual ratio changed from 1:40 to 1:30
PA 24-8 (signed May 21, 2024) replaces prior Conn. Gen. Stat. § 31-57s. Phase-in dates per § 1 of the act.
Massachusetts Earned Sick Time codified at Mass. Gen. Laws ch. 149 § 148C
1:30 accrual; 40-hour annual cap; 11+ employees paid, <11 unpaid; AG regulations at 940 CMR 33.00.
New Jersey Earned Sick Leave codified at N.J.S.A. § 34:11D-2 et seq.
Oregon Sick Time codified at ORS § 653.601 et seq.
10+ employees paid; <10 unpaid; 1:30 accrual; 40-hour cap.
Rhode Island Healthy and Safe Families and Workplaces Act codified at R.I. Gen. Laws § 28-57-1 et seq.; 1:35 accrual
R.I. Gen. Laws § 28-57-4 confirms 1:35 ratio (1 hour per 35 hours worked); 40-hour annual cap; 18+ employees covered.
Vermont Earned Sick Time codified at 21 V.S.A. § 481 et seq.; 1:52 accrual
21 V.S.A. § 482 confirms 1:52 accrual ratio; 40-hour annual cap.
Arizona Fair Wages and Healthy Families Act codified at A.R.S. § 23-372
1:30 accrual; 40h (15+ employers) / 24h (<15) annual cap. Adopted by Proposition 206 (Nov. 2016).
Maryland Healthy Working Families Act codified at Md. Code, Lab. & Empl. § 3-1301 et seq.; 15+ paid; <15 unpaid; 1:30 accrual
40-hour annual cap; 64-hour balance cap; 106-day waiting period; 15+ paid / <15 unpaid.
Michigan ESTA codified at MCL 408.961-.965 (eff. February 21, 2025, after Mothering Justice v. Attorney General)
Effective date reset to February 21, 2025 per Mich. Sup. Ct. order. 11+ employers cannot cap accrual; ≤10 employers cap at 40 hours.
Minnesota Earned Sick and Safe Time codified at Minn. Stat. § 181.9445 (eff. January 1, 2024)
1:30 accrual; 48-hour annual minimum; 80-hour balance cap.
Maine Earned Paid Leave codified at 26 M.R.S.A. § 637; 10+ employees; 1:40 accrual; 80-hour balance cap (September 2025 amendment)
26 M.R.S.A. § 637 covers "any reason" not sick-specific. 80-hour balance cap added by 2025 amendment.
New Mexico Healthy Workplaces Act codified at NMSA § 50-17-1 et seq. (eff. July 1, 2022); prohibits accrual cap
NMSA § 50-17-3 confirms 1:30 accrual; § 50-17-4 caps usage at 64 hours but no accrual cap permitted.
New York Paid Sick Leave codified at N.Y. Lab. Law § 196-b; 56h (100+) / 40h (5-99); 1:30 accrual
§ 196-b(2) sets accrual; § 196-b(4) caps annual use at 56 or 40 by size tier.
Nevada Paid Leave codified at N.R.S. § 608.0197 (SB 312); 50+ employees; 0.01923 hours per hour worked
0.01923 hours = ~1 hour per 52 hours worked. 40-hour annual cap.
Illinois PLFAWA codified at 820 ILCS 192 (eff. January 1, 2024); 40 hours of paid leave for any reason; 1:40 accrual
820 ILCS 192/15(a) confirms 1:40 ratio; § 192/15(b) provides 40-hour annual cap with unlimited carryover but capped usage.
Alaska Ballot Measure 1 codified at Alaska Stat. § 23.10.025 (eff. July 1, 2025); unique carryover rule (all unused hours carry over even with frontload)
Ballot Measure 1 (November 2024); effective July 1, 2025. AK DOL FAQ confirms carryover-with-frontload rule.
Missouri Proposition A briefly created paid sick leave in 2025, but HB 567 repealed the sick-leave mandate effective August 28, 2025
Proposition A was approved November 5, 2024 and took effect May 1, 2025. HB 567 repealed the paid sick leave mandate effective August 28, 2025. Missouri is therefore not counted as a current paid-sick-leave state.
District of Columbia ASSLA codified at D.C. Code §§ 32-131.01 to -.16; three-tier accrual
D.C. Code § 32-131.02 confirms three-tier rates: 1:37 (100+), 1:43 (25-99), 1:87 (1-24); tipped restaurant workers use 25-99 rate.
Virginia paid sick leave codified at Va. Code § 40.1-33.4; home health workers only
Scope limited to consumer-directed personal-care attendants; not general workforce.
NYC ESSTA codified at NYC Admin Code §§ 20-911 to 20-924
NYC Admin Code §§ 20-911 et seq. Rules at 6 RCNY § 7-101 et seq.
NYC ESSTA penalties include $500 per missed leave occurrence and $1,000 per recordkeeping violation under NYC Admin Code § 20-924
§ 20-924(a) civil penalties; tier of penalties scales with number of violations.
NYC ESSTA 2026 amendments effective March 20, 2026 eliminated the 120-day waiting period and added 32 hours of unpaid safe/sick leave frontloaded annually
2025 amendments to NYC Admin Code Title 20 Ch. 8 implementing the elimination of waiting period and the safe-leave frontload requirement.
San Francisco Paid Sick Leave Ordinance codified at SF Police Code Art. 33D, §§ 3300D.1-3300D.6; mandatory carryover even with frontload (§ 3300D.5(d))
SF Police Code Art. 33D § 3300D.5(d) confirms unique carryover-with-frontload rule. Original effective date February 5, 2007.
Seattle Paid Sick and Safe Time codified at SMC Ch. 14.16; three-tier system
Tier 1 (1-49): 1:40, 40h cap. Tier 2 (50-249): 1:40, 56h cap. Tier 3 (250+): 1:30, 72h cap.
Chicago Paid Leave and Paid Sick and Safe Leave Ordinance codified at Chicago Mun. Code § 6-105 (eff. July 1, 2024); dual-bank with Paid Leave portion payable at termination
Chicago Mun. Code § 6-105-040 confirms Paid Leave (any-reason) is payable at termination but Paid Sick Leave is not. 1:35 accrual for each bucket; 40h annual cap each.
6 claims
The Healthy Families Act has been introduced in every Congress since 2004 and has never reached a floor vote
H.R. 1764 (118th Congress) and S. 826 are the current bill numbers. Earliest version: H.R. 4366 (108th Congress, 2004). No floor vote in either chamber in any session.
Most state statutes waive the carryover requirement when the employer frontloads the annual minimum; SF and Alaska are exceptions
Verified across the constituent statutes: Cal. Lab. Code § 246(d), Mass. Gen. Laws ch. 149 § 148C(d)(4), N.J.S.A. § 34:11D-3(c) waive carryover with frontload. SF Police Code § 3300D.5(d) and Alaska Stat. § 23.10.025 do not.
Sick leave laws follow employee's work location, not employer's headquarters
California Lab. Code § 245.5(a)(1) — applies to employee who "works in California for the same employer for 30 or more days within a year from the commencement of employment." NY Lab. Law § 196-b(1) — applies to any employee "employed for hire" in NY. RCW 49.46.020 — applies to any employee whose work is performed in Washington.
Sick leave is generally NOT paid out at separation; combined PTO converts the bank into vested vacation per Suastez
Cal. Lab. Code § 246(i) — no payout requirement. Combined PTO treated as vested vacation under Suastez legacy doctrine.
Chicago's Paid Leave portion is the unique municipal exception requiring payout at termination
Chicago Mun. Code § 6-105-040(b) explicitly requires payout of unused Paid Leave at termination. Paid Sick Leave (the second bucket) is NOT payable.
PFML overlays partial wage replacement on FMLA; both run concurrently with sick leave applying first for short absences
DOL Opinion Letter FMLA2025-01-A (January 14, 2025) clarified PTO substitution rule does NOT apply when leave is paid by state PFML — neither employer nor employee may unilaterally require concurrent use of accrued employer PTO during PFML-compensated weeks.
1 claim
Pittsburgh Paid Sick Days Act codified at Pittsburgh City Code Ch. 626, upheld by Pa. Restaurant & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019)
Pa. Supreme Court (July 17, 2019) upheld Pittsburgh's home-rule authority to enact paid sick leave; reversed Commonwealth Court decision striking the ordinance.
4 claims
Mothering Justice v. Attorney General, 510 Mich. 1 (2024), reversed the 2018 legislative adoption-and-amend that gutted the original ballot initiative
Michigan Supreme Court opinion July 31, 2024. Procedural posture: state supreme court reversal; struck down 2018 adopt-and-amend; ordered ESTA reinstated as originally proposed by ballot initiative. Effective date for reinstated act: February 21, 2025.
Suastez v. Plastic Dress-Up Co., 31 Cal. 3d 774 (1982), held vested vacation is wages under California Labor Code §227.3
California Supreme Court 1982 decision. Procedural posture: state supreme court holding establishing that vested vacation is a wage that cannot be forfeited. Forms the basis for combined-PTO conversion analysis applied to sick + vacation bank combinations.
Nieto v. Clark's Market, Inc., 488 P.3d 1140 (Colo. 2021), held earned vacation is wages under Colorado law
Colorado Supreme Court 2021 decision. Procedural posture: state supreme court reversal — held that earned vacation cannot be forfeited under the Colorado Wage Claim Act. Parallels Suastez in Colorado context.
Pennsylvania Restaurant & Lodging Ass'n v. City of Pittsburgh, 211 A.3d 810 (Pa. 2019), upheld Pittsburgh's home-rule authority to enact paid sick leave
Pennsylvania Supreme Court July 17, 2019 decision. Procedural posture: state supreme court reversal of Commonwealth Court; upheld the Paid Sick Days Act. Reinstated Pittsburgh ordinance.
3 claims
Twenty states have broad paid sick or paid-leave laws as of May 2026; Virginia has a limited home-health-worker rule; D.C. and major cities add local requirements
Component verification per state-by-state table — CA, CO, WA, CT, MA, NJ, OR, RI, VT, AZ, MD, MI, MN, ME, NM, NY, NV, IL, AK, NE. Virginia is limited to covered home health workers. D.C. is treated with local ordinances. Missouri is excluded because HB 567 repealed its paid sick leave mandate effective August 28, 2025.
The most common state accrual ratio is 1 hour per 30 hours worked
Component verification — 1:30 ratio confirmed for CA, CO, NY, MA, NJ, OR, CT (post-2025), AZ, MD, MI, MN, NM, AK, NE. 1:40 ratio used by WA, ME, IL. 1:35 used by RI. 1:52 used by VT, NV. The 1:30 ratio remains the modal structure.
12 states + DC pay PFML benefits as of 2026; MD and VA enacted but not yet paying
Cross-verified against sibling research piece paid-family-and-medical-leave-laws-by-state.
7 claims
As of May 2026, broad paid sick or paid-leave laws are in force in twenty states
Most recent additions: Alaska (effective July 1, 2025) and Nebraska (effective October 1, 2025). Missouri's mandate was repealed effective August 28, 2025.
Nebraska Healthy Families and Workplaces Act effective October 1, 2025
Proposition A adopted November 5, 2024; paid-sick-leave provisions effective May 1, 2025. State legislative attempts to repeal the proposition in 2025 session did not pass.
Alaska Ballot Measure 1 effective July 1, 2025
Ballot Measure 1 adopted November 5, 2024; effective July 1, 2025.
Michigan ESTA reinstated effective February 21, 2025
Mothering Justice opinion July 31, 2024 set reinstatement date at February 21, 2025.
NYC ESSTA 2026 amendments effective March 20, 2026
2025 local-law amendment took effect March 20, 2026.
Pennsylvania HB 1500 (2025 session) passed House and is pending in Senate
Status as of May 2026: passed Pennsylvania House; in Senate Labor and Industry Committee.
DOL Opinion Letter FMLA2025-01-A issued January 14, 2025
DOL Wage and Hour Division Opinion Letter dated January 14, 2025.
7 claims
$4,000 maximum administrative penalty per employee under California Lab. Code § 248.5
§ 248.5(b) confirms $4,000 administrative cap per employee.
Treble actual damages or $250 (whichever greater) under California Lab. Code § 248.5(e)
§ 248.5(e) confirms private remedies.
California § 226 itemized wage statement penalty: $50 first violation, $100 subsequent, capped at $4,000
§ 226(e)(1) confirms penalty structure ($50/$100, $4,000 aggregate cap).
California § 203 waiting-time penalty up to 30 days of wages
§ 203 confirms waiting-time penalty (1 day of wages per day late, capped at 30 days).
NYC ESSTA penalty $500 per missed leave occurrence; $1,000 per recordkeeping violation
NYC Admin Code § 20-924 confirms civil penalty structure.
California three-year sick-leave records retention under Lab. Code § 247.5
§ 247.5 confirms three-year retention.
NYC ESSTA six-year sick-leave records retention under NYC Admin Code § 20-918
§ 20-918 confirms three-year retention for NYC (with related employer policies retained for two years). Six-year recordkeeping for NYC ESSTA enforcement records per 6 RCNY § 7-205.
86 unique sources cited across the report — click to audit any claim directly against its evidence.
Every claim above links to the source we used. Open any source to compare the wording here with the underlying rule, guidance, court opinion, or product behavior.
If a source has changed or a claim looks wrong, tell us. We would rather correct the page than leave a stale answer online. See how we fact-check.
Clockspot helps small businesses track employee time and keep payroll-ready records. Used in all 50 states since 2007, we focus on getting time and pay right — including the wage-and-hour rules that shape both.
We build Clockspot for the same reason we publish these reports: time records should be understandable, reviewable, and tied to the rules that affect payroll. See how Clockspot works.