County and City Mandated Paid Sick Leave

This is a continuation from our blog of State mandated paid sick leave and this posting deals with the Counties and Cities that have their own mandated sick leave.

OnTheClock.com, our Online Time Clock, has compiled a list of the counties and Cities that have a paid sick leave law. The only county we could find is Montgomery County, Maryland. These are the currently the only Counties and Cities that have a Paid Sick leave laws that we know about. There may be more counties and cities enacting the law in the future. If you know of any others that we have not listed, let us know so we can add them to the list.

The following chart is a synopsis and does not go into great detail on each law. We do have a link that goes to that government’s page where you can find more detailed information (our references). It is the employer’s responsibility to know their state, county and city requirements on paid sick leave.

Fifteen states currently have bans against local paid sick leave laws but this may change in the future. They are Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Oregon, Tennessee, and Wisconsin.

References:  Most of the Summaries have been copied directly from the specified law to keep it as accurate as possible. Our references are the links for each county and city’s law.

County or City

Employees Covered

Summary

Montgomery County, Maryland

Montgomery County Sick and Safe

Leave Law

Effective October 1, 2016.

All businesses.

Employees who work in the county more than eight hours each week, including a domestic worker.

An employer includes the County government but not the federal, state, or any other local government.

All businesses must provide its workers with 1 hour of paid leave for every 30 hours worked. Businesses with five or more employees have to allow a maximum of 56 hours of earned paid sick leave annually; businesses with less than 5 have to allow a maximum of 32 hours in a year as well as 24 hours of unpaid sick leave. 

An employee is allowed to use up to 80 hours in a year. Up to 56 hours can be carried over into the next year if it is not used by the employee, unless the employer awards the full amount of leave an employee would earn at the beginning of the year. 

Berkeley, California

Berkeley, California Sick Leave Law

Effective October 1, 2017.

Employees who have accrued Paid Sick Leave under current California law prior to October 1, 2017 shall continue to accrue and use such Paid Sick Leave consistent with current California law. Employees who have not accrued Paid Sick Leave under current California law by October 1, 2017 shall begin to accrue Paid Sick Leave on October 1, 2017, or at the commencement of employment with the Employer, whichever is later.

An Employee may begin using Paid Sick Leave 90 calendar days after commencement of employment.

Employees, including part-time, full-time and temporary employees, will earn at exactly 1 hour of paid leave for every 30 hours worked. Such leave shall accrue only in hour-unit increments; there shall be no accrual of a fraction of an hour of such leave.

For Employees of Small Businesses, there shall be a cap of 48 hours of accrued Paid Sick Leave. For Employees of other Employers, there shall be a cap of 72 hours of accrued Paid Sick Leave.

Accrued Paid Sick Leave for Employees carries over from year to year (whether calendar year or fiscal year), but shall not exceed the aforementioned caps. Nothing herein precludes an Employer from establishing a higher cap or no cap on the number of accrued hours.

An employer may limit the amount of paid sick leave an employee can use in one year to 24 hours or 3 days. Accrued paid sick leave may be carried over to the next year, but it may be capped at 48 hours or 6 days. 

Employers do not need to pay out accrued sick leave when an employee leaves the company. 

Emeryville, California

Emeryville Minimum Wage and Paid

Sick Leave Ordinance

Effective July 1, 2015.

Full time, part time, and temporary employees who perform at least two hours of work in a given workweek within Emeryville city limits are entitled to paid sick leave.

Employees can earn one hour of paid sick leave for every 30 hours worked.

Employees may use all sick time accrued per year and carry over all accrued and unused sick time subject to the annual cap.

Small businesses (55 or fewer employees) may cap accrual of paid sick time at 48 hours per year and large businesses (56 or more employees) may cap accrual at 72 hours per year. 

Los Angeles, California

Los Angeles Minimum Wage & Sick

Time Benefits

Effective July 1, 2016.

Every Employee who works for an Employer with 26 or more Employees, on or after July 1, 2016, and works in the City for the same Employer for 30 days or more within a year from the commencement of employment is entitled to paid sick leave.

Every Employee who works for an Employer with 25 or fewer Employees, on or after July 1, 2017, and works in the City for the same Employer for 30 days or more within a year from the commencement of employment is entitled to paid sick leave.

Employers with 26 or more Employees, including Non-Profit Corporations with or without the minimum wage rate deferral.

Paid sick leave applies on July 1, 2017 for Employers with 25 or fewer Employees.

Each day in which an Employee performs work is considered one (1) day. So, if that Employee meets the definition of Employee (LAMC § 187.01©; Question #3) and qualifies by working at least 30 days within a year in the City of Los Angeles for the same Employer, then that Employee is entitled to paid sick leave benefits.

An Employer may provide paid sick leave either: (1) By providing the entire 48 hours to an Employee at the beginning of each year of employment, calendar year, or 12-month period (front-loading method); or

(2) By providing the Employee one hour of sick leave per every 30 hours worked (accrual method).

An Employer may select either the front-loading method or the accrual method and may switch between the two methods only on an annual basis. 

Oakland, California

Oakland Paid Sick Leave Law

Effective March 2, 2015

All Oakland employers must provide paid sick leave to each employee (including full-time, part-time, and temporary employees) who performs at least two hours of work in a particular workweek within Oakland city limits.

Employees will accrue 1 hour of paid sick leave for every 30 hours worked.

Businesses that have less than 10 employees during any given week may cap accrual of paid sick time at 40 hours per year. Businesses with 10 employees or higher may cap accrual at 72 hours per year. 

An employee’s accrued paid sick leave will carry over from year to year but is not paid out at the time of separation of employment. Employees may use their accrued paid sick leave for their own medical care or to aid or care for a family member or designated person.

Employees begin accruing paid sick leave on March 2, 2015 for employees working for an employer on or before that date. Employees who are hired after March 2, 2015 may not use any paid sick leave until after ninety (90) calendar days of employment. 

San Diego, California

San Diego Earned Sick Leave and Minimum Wage Ordinance

Effective July 11, 2016.

All employees doing work within the city’s boundaries

Employers must provide each employee earned sick leave. Employees must accrue no less than one (1) hour of earned sick leave for every thirty (30) hours worked within the geographic boundaries of the City; employers may cap the total accrual of sick leave at eighty (80) hours. Any unused accrued earned sick leave must be carried forward to the following benefit year.

Employees are entitled to use accrued earned sick leave beginning July 11, 2016 or after the ninetieth (90) day of employment, whichever is later.

Employers may satisfy the accrual and carry over requirements if no less than forty (40) hours of earned sick leave are awarded to an employee at the beginning of each benefit year. Employers may limit an employee’s use of earned sick leave to forty (40) hours in a benefit year. Employees may use earned sick leave for all the reasons described in Section 39.0106(a), which includes, but is not limited to, time for their own medical care or for the medical care of a family member.

If an employer provides, through a contract, collective bargaining agreement, employment benefit plan or other agreement, greater paid time off than the employee would have otherwise received under the provisions of the Ordinance, that employer may utilize an alternative methodology for calculation, payment and use of earned sick leave or paid time off. 

San Francisco, California

San Francisco Paid Sick Leave

Amended and operative January 1, 2017.

Full time, part time, and temporary employees within San Francisco city limits are entitled to paid sick leave

One hour of paid sick leave for every 30 hours worked. Employees begin accruing sick leave on the 1st day of employment.

 Employers with 10 or more employees must allow employees to accrue at least up to 72 hours. Employers with less than 10 employees may provide paid sick leave in different ways:

Allow employees to accrue up to at least 48 hours; or provide an “advance” of 24 hours or 3 days of paid sick leave to comply with the State law “up-front option,” and later allow employees to accrue up to 40 hours to comply with SF law.

Accrued paid sick leave carries over from year to year. Amount of available paid sick leave must be listed on each paycheck or wage statement.

Santa Monica, California

Santa Monica Wage and Paid Sick

Leave

Effective January 1, 2017.

The Santa Monica ordinance requires paid sick leave for full-time, part-time, and temporary employees. Note that paid sick leave benefits are greater than the State Requirements.

Accrual rate is one hour for every 30 hours worked.

Accrual limits are as follows:

Jan. 1, 2017: 32 hours for small businesses (25 or fewer employees); 40 hours for larger businesses (26 or more employees).

Jan. 1, 2018: 40 hours for small businesses; 72 hours for larger businesses

Employees can carry over accrued sick leave annually (calendar year, fiscal year, or hiring date) up to the accrual cap.

Employers can provide sick leave at the start of the year as a whole rather than by accrual, as long as this provides leave consistent with the required accrual amounts.

Other sick leave plans will comply if equal to or more generous than the ordinance.

Chicago, Illinois

Chicago Paid Sick Leave Ordinance

Effective July 1, 2017.

Employers that maintain a business facility within the City of Chicago and/or are required to obtain a business license to operate in the city.

Employees of an employer that is subject to the Ordinance who work at least 80 hours within any 120-day period qualify. This includes domestic employees, day laborers, tipped workers, and home health care workers.

Paid sick leave begins to accrue either on the 1st calendar day after the start of employment or on July 1, 2017, whichever is later.

For every 40 hours worked, an employee earns one hour of paid sick leave in full hour increments.

Salaried employees who are exempt from overtime requirements shall accrue one hour of Paid Sick Leave for each week of employment.

Paid sick leave hours are capped at 40 hours per 12-month period unless the employer sets a higher limit.

At the end of a 12-month accrual period, employees must be allowed to carry over up to half of unused paid sick leave (a maximum of 20 hours) unless the employer sets a higher limit.

If subject to Family and Medical Leave Act (FMLA), each employee must be allowed to carry over up to 40 hours of unused paid sick leave, in addition to half of all unused paid sick time, to use exclusively for FMLA-eligible purposes.

Minneapolis, Minnesota

Minneapolis Sick & Safe Time

Effective July 1, 2017.

Full and part-time staff, temporary employees and paid interns are included. Sick and safe time is flexible, extending coverage to more employees while preserving many employer controls. 

Sick and safe time accrues at a rate of one hour for every thirty hours worked. An employer may cap an employee’s accrual at 48 hours per year. An employer may also limit the total amount of unused sick and safe time in an employee’s “bank” to 80 hours during subsequent years. These limits may be higher if an employer chooses, but not lower. 

Employers with six or more employees must provide paid sick and safe time. Employers with five or fewer employees must provide sick and safe time, but they may choose to provide it unpaid. In addition, until July 1, 2022, during an employer’s first year of operation (except a new location in an existing chain), it may provide sick and safe time as unpaid. 

ST. Paul, Minnesota

St. Paul Earned Sick & Safe Time

Effective July 1, 2017.

Saint Paul employers with 24 or more employees in Saint Paul must provide Earned Sick and Safe Time (ESST) to employees working in the city.

The ESST ordinance is effective January 1, 2018 for all other Saint Paul employers. 

Employees shall earn and accrue earned sick and safe time at the commencement of employment. For individuals who are employed on the date this ordinance takes effect, accrual shall begin on the date this ordinance takes effect. Accrual rates shall not apply to hours worked before this ordinance takes effect.

For every thirty (30) hours worked after earned sick and safe time begins to accrue for an employee, the employee shall accrue one (1) hour of earned sick and safe time. Earned sick and safe time shall accrue only in hour-unit increments; there shall be no accrual of a fraction of an hour of earned sick and safe time. The maximum number of earned sick and safe time hours an employee can earn in each calendar or fiscal year shall not exceed forty-eight (48) hours.

Employers must permit an employee to accrue up to eighty (80) hours of earned sick and safe time. Employers shall permit an employee to carry over earned but unused sick and safe time into the following year (whether calendar or fiscal year), but time carried over is limited to the aforementioned caps. Employers may satisfy this requirement by providing at least forty-eight (48) hours of earned sick and safe time following the initial ninety (90) days of employment for use by the employee during the first year, and providing at least eighty (80) hours of earned sick and safe time beginning each subsequent year.

If an employer has a paid-leave policy, such as a paid-time-off policy, or a combination of sick and vacation time, that makes available to employees an amount of paid leave that may be used for the same purposes and under the same conditions as earned sick and safe time under this section and that is sufficient to meet the requirements for earned sick and safe time as stated, the employer is not required to provide additional earned sick and safe time. Satisfaction may be made through any combination of sick, vacation, or paid time off.

An employer is not required to provide financial or other reimbursement to an employee upon the employee’s termination, resignation, retirement, or other separation from employment for earned sick and safe time that the employee has not used.

Bloomfield, NJ

East Orange, NJ

Elizabeth, NJ

Irvington, NJ

Montclair, NJ

Morristown, NJ

Newark, NJ

Passaic, NJ

Paterson, NJ

Trenton, NJ

These New Jersey cities passed paid sick laws entitling all private sector workers to paid sick leave. All these cities have almost identical requirements.

To see the specific information and effective dates you just click on the city name in the left column.

All private sector workers in these cities can earn one hour of sick time for every 30 hours worked.

Businesses that have 10 or more employees may cap accrual of paid sick time at 40 hours per year. Businesses that have 9 or fewer employees may cap accrual of paid sick time at 24 hours per year. Regardless of business size, direct service workers who are in contact with the public such as food-service workers and child or elder care workers accrue up to 40 hours of paid sick time per year. 

Workers begin earning sick time as soon as they are hired (or on the law’s effective date) but will have to wait 90 calendar days until they are able to use the leave.

Jersey City, NJ

Jersey City Earned Sick Time

Effective January 24, 2014.

Full time, part time, and seasonal workers in companies that employ 10 or more employees who work within the geographic limits of Jersey City are entitled to either paid or unpaid sick leave.

Freelancers or independent contractors are not eligible.

Businesses that have 10 or more employees may cap accrual of paid sick time at 5 paid sick days (40 hours) per year. Employees will earn at least 1 hour of paid leave for every 30 hours worked.

Businesses that have fewer than 10 employees may cap accrual of unpaid sick time to 5 days (40 hours) per year. Employees will earn at least 1 hour of Unpaid leave for every 30 hours worked.

Employees can carry over their unused sick leave, but employers aren’t required to give more than five days annually. The law doesn’t require employers to reimburse employees for unused time if they quit.

New Brunswick, NJ

New Brunswick Paid Sick Leave

Effective January 6, 2016

Any Employer with less than five (5) Full Time Equivalents, regardless of the location at which their work is performed is not required to provide sick leave.

Any Individual who works from home or who is defined as an Independent Contractor or any Per Diem or Temporary Hospital Employee is not subject to receive Sick Leave.

Full-time employees of covered employers receive 1 hour for every 35 hours. 

Those employed by a business with 5-9 employees can accrue to 24 hours in a calendar year.

Employees employed by a business with 10 or more employees can accrue up to 40 hours in a year. Part-time employees accrue up to 24 hours in a calendar year, regardless of employer size. 

 Employees can begin to use sick/safe time either 120 days after the Ordinance became effective (May 5, 2016) or 120 days after they started work, if hired after the effective date.

Plainfield, NJ

Plainfield Earned Sick Time

Effective September, 2016.

Employers with locations in Plainfield, New Jersey, will need to offer workers paid sick time.

All Employees accrue a minimum of one hour of paid sick time for every 30 hours actually worked.

Businesses that have 10 or more employees may cap accrual of paid sick time at 40 hours per year. Businesses that have 9 or fewer employees may cap accrual of paid sick time at 24 hours per year.

Employees will have to wait 100 calendar days after beginning employment before they are able to use the leave.

New York, NY

New York Paid Sick Leave

Effective April 1, 2014.

The law does not cover employees who work 80 hours or less a calendar year; students in federal work study programs; employees whose work is compensated by qualified scholarship programs; employees of government agencies; physical therapists, occupational therapists, speech language pathologists, audiologists who are licensed by the New York State Department of Education if they call in for work assignments at will, determine their own work schedule, have the ability to reject or accept any assignment referred to them, and are paid an average hourly wage, which is at least four times the federal minimum wage; independent contractors who do not meet the definition of an employee under New York State Labor Law; participants in Work Experience Programs; certain employees subject to a collective bargaining agreement. In the case of collective bargaining agreements, employees are not covered by the law if the agreement expressly waives the law’s provisions and provides comparable benefits.

Businesses with five or more employees must provide its workers with 1 hour of paid leave for every 30 hours worked.

Businesses with less than 5 employees must provide unpaid leave at the same rate.

Businesses with 1 or more domestic workers are entitled to 2 days of paid leave after working 80+ hours a calendar year and being been employed by the same employer for at least 1 year. 

Accrual begins on the first day of employment. Sick leave can be used 120 days after the first day of employment. Qualified employees must work 80+ hours a calendar year. 

Portland, Oregon

Portland Sick Leave

Effective January 1, 2016.

Employers with 6 or more employees must pay employees for sick time taken at the employee’s regular rate of pay for up to 40 hours per year.

Employers with a maximum of 5 employees shall implement a sick time policy that allows an employee to earn and use up to 40 hours of unpaid sick time per year.

The number of all employees employed by the employer in Oregon must be counted – including fulltime, part-time and temporary employees.

Employees will accrue 1 hour of paid sick leave for every 30 hours worked. Accrual is capped at 40 hours per calendar year.

Employers may choose to simply give employees (“front load”) 40 hours of sick time at the beginning of the year rather than track the number of sick time hours accrued.

Employees working for an employer(in Portland) with six employees or more shall be provided paid leave; employees working for an employer with five or less employees shall provide employees with unpaid sick time. 

Employee eligibility to use accrued leave commencing after the employee has been employed by the employer for 90 days and has worked 240 hours within the City. 

Employees may carry over up to 40 hours of unused sick time from one year to the next; however, employers may adopt policies that limit employees to accruing no more than 80 hours of sick time or using no more than 40 hours of sick time in a year.

Philadelphia, PA

Philadelphia Paid Sick Time

Effective May 13, 2015.

Employees who work at least 40 hours a year within the City of Philadelphia limits will be eligible to earn paid/unpaid sick leave.

Employees not covered:

Independent Contractors, Seasonal Workers, Adjunct Professors, Interns, Pool employees, Employees hired for a term of less than 6 months, Employees covered by collective bargaining agreements and State or Federal employees.

Employees are eligible to earn 1 hour of sick time for every 40 hours they work.

Employers with 10 or more employees are required to provide paid sick leave. Employers with 9 or fewer employees are required to provide unpaid sick leave.

A maximum of 40 sick time hours may be earned in a calendar year. Accrued sick time may be used after an employee has worked a minimum of 90 days.

Seattle, Washington

Seattle Paid Sick and Safe Time

Ordinance

Effective September 1, 2012.

Ordinance covers employees working inside Seattle city limits, regardless of their immigration status or the location of the employer

Applies to all employers with more than four full-time equivalent employees. All employees are eligible for the new benefit, including full time, part-time and temporary workers.

Small (Tier 1) Employer.

More than 4 and up to 49 Full time employees.

Accrual of 1 hour for every 40 hours.

Use of and carryover of unused PSST of 40 hours.

Medium (Tier 2) Employer.

50 to 249 employees.

Accrual of 1 hour for every 40 hours.

Use of and carryover of unused PSST of 56 hours.

Large (Tier 3) Employer.

250 or more employees.

Accrual of 1 hour for every 30 hours.

Use of and carryover of unused PSST of 72 hours.

(108 hours for employers with PTO)

Spokane, Washington

Spokane Earned Sick and Safe

Leave

Effective January 1, 2017.

Employees in the City of Spokane other than those who work in the building and construction trades can earn and use paid sick and safe leave after completing the employer’s probationary period (which cannot be longer than 90 days) and works for the employer within the geographic boundaries of the City for at least 240 hours per year

Employees begin accruing sick and safe time the first day of employment at a rate of one hour of leave for every 30 hours worked, but the size of the business determines how much leave a worker is allowed to earn each year.

Employers that employ 9 or fewer employees may cap sick leave at 24 hours per year. Employees can carryover up to the 24 hours of unused sick leave.

Employers that employ 10 or more employees may cap sick leave at 40 hours per year. Employees can carryover up to the 40 hours of unused sick leave.

The new ordinance applies to all employers in Spokane with employees who work more than 240 hours in a year. The ordinance does not apply to employees working less than 240 hours in a year, work-study students, independent contractors, or seasonal workers.

Tacoma, Washington

Tacoma Paid Leave Ordinance

Effective February 1, 2016.

Applies to all employees (full-time, part-time, and temporary) who work within the geographic boundaries of Tacoma for more than 80 hours in a calendar year. 

All employees earn one hour for every 40 hours worked within Tacoma, up to 24 hours within a calendar year. Employees may carry forward up to 24 hours of unused paid leave into the next year.

Employees may use hours carried over for a total not to exceed 40 hours in the calendar year.

Employees may use paid leave 180 days after the start of employment.

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