Paid Sick Leave Laws: City Comparison Chart

Transcription

1 San Francisco, CA 2/5/07 All workers One hour of employed Accrual begins leave per 30 within the on the first day hours worked. geographic of employment, boundaries of accrued paid Employees in the city if they sick time cannot businesses with work 56 or be used until 10 or more more hours in after 90 calendar workers: accrue San Francisco days of up to 72 hours. in a calendar employment. Workers in year. businesses with fewer than 10 workers: accrue up to 40 hours. To care for illness, injury, or medical care for treatment or diagnosis for the worker, their children, parents, siblings, grandparents, spouses, registered domestic partners, and if a worker has no spouse/domestic partner, a designated person of the worker s choice. There is no cap on how much paid sick leave an employee may use in a year. The cap only applies to how much leave time can be in the bank. Accrued sick leave does not expire; it rolls over from year-to year. Employers may require employees to provide notice when reasonable and to require a doctor s note when reasonable or when leave is in excess of three work days. Example of reasonable: cases of suspected sick leave abuse. Mandatory notice informing employees of their rights. Employers must retain records documenting hours worked and paid sick leave taken by employees for a period of four years. The law allows employers to continue using existing PTO policies that meet the accrual requirements and may be used for the same purposes. New CA state law does not preempt requirements under city ordinance. Employer cannot require employee to find replacement for missed shift. Includes anti-retaliation provision. Employees may file complaints with the OLSE. The city ordinance in both San Francisco and Oakland are more employee friendly in almost every way; however, the state law requires employers to note available sick leave time each time wages are paid. The city laws do not require that. 1

2 Oakland, CA 3/2/15 Workers who Accrual begins One hour of To care for Employees in in a particular on the first day leave for every illness, injury, or businesses with week, perform of employment. 30 hours medical care for 10 or more at least 2 For workers worked. treatment or workers: up to 72 hours of work hired after Workers in diagnosis for the hours. Employees within the 3/2/2015, businesses with worker, their in businesses with geographical accrued paid 10 or more children, parents, fewer than 10 boundaries of sick time can t workers: up to siblings, workers: up to 40 the city and be used until 72 hours. grandparents, hours. who are after 90 calendar Workers in spouses, entitled to days of businesses with registered The cap is not minimum employment. fewer than 10 domestic yearly, only wage under employees: up partners, and if a applies to how CA law. to 40 hours. worker has no much leave can be spouse/domestic in the bank. partner, a designated Front-loading is person of the not allowed. worker s choice. Accrued sick leave rolls over from year to year. Employers may require employees to provide notice when reasonable and to require a doctor s note when reasonable. Missing three days is presumptively reasonable under the law. Cannot require employee to incur expenses in excess of five dollars to show substantiation for leave. Mandatory notice per state-authorized poster. The law allows employers to continue using existing PTO policies that meet the accrual requirements and may be used for the same purposes. New CA state law does not preempt requirements under city ordinance. Includes anti-retaliation provision. Employees may sue to seek back pay, reinstatement, injunctive relief, and/or attorneys fees and expert witness fees and expenses. Negligent result in fines of up to $1, per violation. 2

3 New York, NY 4/1/14 Workers who Accrual begins One hour for To care for Employers may have worked at the every 30 hours illness, injury, or elect to front-load in NYC for commencement worked. Up to medical care for sick leave so that more than 80 of employment 40 hours per treatment or all employees hours in a but sick time year. Workers diagnosis for the start calendar year calendar year. can t be used in businesses worker, their with 40 hours of Domestic until 120 days with five or children, sick leave. workers must after fewer spouses, Employers may be provided employment employees registered pay out up to 40 with 2 days of commenced. accrue unpaid domestic hours of unused paid sick sick time. partners, parents, sick leave at the leave in Businesses with grandchildren, end of the addition to the more than five grandparents, calendar year, if it 3 days of paid employees siblings, and was front loaded, rest mandated accrue paid sick parents of spouse or allow it to rollover under New time. All or domestic to the York State workers in partner. following year. labor law. certain chain Leave may never Students businesses or Closure of be paid out as it engaged in franchise will be employee s place accrues. Work-study counted together of business due or other to determine to declared scholarship size. public health positions, emergency. certain hourly Paid sick leave professionals, must be To care for a speech/physic compensated at child whose al/occupationa the employee s school/childcare l therapists regular hourly provider is closes that call in for rate of pay even due to public work if it is used health assignments at during hours emergency. will, that would independent otherwise have contractors, been designated and as overtime. government employees are exempt. Documentation can only be required when a worker has missed more than three workdays as sick leave. Documentation can attest to need for the amount of sick leave used and that the leave was used for an authorized purpose under the law. Seven days advanced notice can be required when foreseeable. If unforeseeable, employer may require notice as soon as practicable. Notice of rights to sick leave must be provided at commencement of employment and be posted in employer s place of business. Employers must keep records documenting their compliance with the Earned Sick Pay Act for at least two years. Statutorily designated damages apply for violations of the law. (No private right of action to go to court.) Doesn t apply to workers in the construction or grocery industry covered by CBA if the law s provisions are expressly waived in the CBA. The law s provisions won t apply to other workers covered by CBA if the provisions are expressly waived and the CBA provides a comparable benefit. Employers may permit employees to donate unused sick leave to other employees, procedures for how to do so, should be included in policies. Employers may set a minimum amount of sick leave, not to exceed four hours that employees must use in a day. If there is a break in employment less than 6 months, accrued time must be reinstated if the person is rehired. 3

4 Portland, OR 1/1/14 Private-sector Accrual begins One hour for To care for Unused accrued workers at the every 30 hours personal mental sick time up to 40 working commencement worked. or physical hours rolls over to within of employment Workers in illness, including a new year. geographical but sick time businesses with preventative boundaries of can t be used at least 6 care, or to care Employers may the city for until 90 days workers: up to for a spouse, decide to front 240 hours or after 40 hours a year domestic partner, load 40 hours at more per employment paid sick leave. parent, child, the start of the calendar year. commenced and Workers in grandparent, year. Frontloaded Telecommuter workers have businesses with grandchild, and time does not s are covered worked or fewer parent-in-law have to rollover. only for the hours in city workers: up to with an illness, hours spent limits. 40 hours of injury or medical Only 40 hours working unpaid sick appointment. may be used per within the city time a year. Includes reasons year. Accrual can of Portland. related to continue but no Paid sick leave domestic more time can be must be violence, used until the compensated at harassment, following the rate of pay sexual assault or calendar year. applicable to the stalking. time the leave was taken. Closure of employee s place of business due to declared public health emergency. Documentation can only be required when a worker has missed more than three workdays as sick leave and the employer must pay any costs associated with procuring proof. As an alternative, employers can require employees submit a signed personal statement that leave was for permitted use. Advanced notification can be required when leave is foreseeable. Notification during hiring process. Mandatory posted notice per stateauthorized poster. The law allows employers to continue using existing PTO policies that meet the accrual requirements and may be used for the same purposes. Retaliation is prohibited. Civil right of action and administrative remedies available. To care for a child whose school/childcare provider is closes due to public health emergency. 4

5 Eugene, OR 7/1/15 Workers Accrual begins One hour for To care for Up to 40 hours of working at the every 30 hours personal mental unused accrued within city commencement worked. Up to or physical sick time must be limits, of employment 40 hours per illness, including allowed to carry including city (or the day the year. preventative over at the end of and homecare law goes into care, or to care the year, unless workers, effect, All workers for a spouse, employer but excluding whichever is accrue paid sick domestic partner, frontloads sick independent later) but sick leave time parent, child, time, in which contractors time can t be regardless of grandparent, case carryover is and rail road used until 90 employer s size. grandchild, and not required. workers days after parent-in-law. exempted employment Includes reasons under federal commenced. If related to statutes. worker is based domestic outside of violence, Eugene, they harassment, must also work sexual assault or 240 hours in the stalking. city before they Closure of place may use their of business or accrued time. child s day care provider, or for any other reason listed in the administrative rules adopted pursuant to delegated authority Employers must have written sick leave policy detailing notice requirements. Reasonable notice of sick leave absences can be required. Employers must post and provide written notice of the policy to employees. Notice must include anti-retaliation provision. Employers must notify employees at least quarterly about the amount of accrued and unused time the employee has available. The law allows employers to continue using existing PTO policies that meet the accrual requirements and may be used for the same purposes. Retaliation is prohibited 5

6 Seattle, WA 9/1/12 Workers Accrual begins One hour for To care for Accrual can employed by on date of hire. every 40 hours personal mental surpass maximum businesses Workers can use worked, except or physical hours useable in a with four or accrued hour for large illness, including year. Additional more after the 180 th employers preventative care hours will employees, if date of (250+ or children, rollover. they perform employment. employees) one parents, parentsin-law, more than 240 hour for every grand- Employees can hours of work If employee is 30 hours parents, spouses, carry over unused in Seattle not regularly worked. and registered hours at the same within a based in Seattle, Small employer domestic rates as they are calendar year. accrual begins (4-49): capped partners, illness, capped based on Work-study on the 241 st hour at 40 hours per injury or medical employer size. students and of work. calendar year. appointment. unpaid interns Medium Includes reasons Frontloading is are exempt. employer (49 to related to permitted; Does not 249): 56 hours domestic carryover is not cover federal, per calendar violence, sexual required where state, or year. assault or hours are county Large employer: stalking. Closure frontloaded. government 72 hours per of place of employees. calendar year. business or Unused paid sick Eligibility for child s day care or safety time can partners, provider. be cashed out with shareholders, mutual consent of and board employee and members is employer. determined on a case-by-case basis. Documentation can only be required when a worker has missed more than three workdays as sick leave. If there is a clear instance or pattern of abuse, employer may ask for documentation for absences that are shorter than 3 days. Notice must be provided to all employees who work in Seattle regardless of employer size or location. Employers must provide notification of available paid sick time each time wages are paid. Employers must retain records that indicate hours worked, accrued time, used time for two years. Rate of pay is determined by the rate the employee would have earned during time paid sick leave was taken. Ordinance requires employers to permit use of paid sick or safety time in 1-hour increments. If an employee returns to work within 7 months, accrued time is reinstated. Calendar year begins on January 1, not up to employer s discretion. 6

7 Tacoma, WA 2/1/16 Private sector Accrual begins One hour for employees on date of hire every 40 hours who perform or 2/1/16, worked with a work in whichever is maximum of 24 Tacoma. later. hours per year. Must perform Employees Up to 40 hours 80 hours of cannot use in subsequent work in the accrued sick years. calendar year. time until the 180 th date after employment begins. To care for personal mental or physical illness, including preventative care and bereavement or children, parents, parentsin-law, grandparents, spouses, and registered domestic partners, illness, injury or medical appointment. Includes reasons related to domestic violence, sexual assault or stalking. Unused hours carry over and employees can use up to 40 hours leave in their second year of employment. Foreseeable leave should be requested 10 days prior or as soon as possible before leave is needed. Unforeseeable leave should be requested as soon as practicable. Documentation can be required for use of paid leave in increments of 4 or more hours as long as a written policy is provided and available to employees outlining requirements for submitting documentation; acceptable documentation must include personally signed statement by employee that he/she used paid leave for a qualifying absence. Rules and regulations still being developed. Requirement of ordinance can be expressly and clearly waived in a collective bargaining agreement 7

8 Philadelphia, PA 5/13/15 Full-time and Accrual begins Employers with To care for Employees may part-time on 5/13/ or more personal mental carry over up to employees Employees must employees will or physical 40 hours of who work in be employed for need to provide illness, including unused time. the city. The at least 90 days up to one hour preventative care is not Ordinance prior to using of paid sick or to care for required if excludes accrued paid time for every illness, injury or employer independent sick leave. 40 hours worked medical frontloads the 40 contractors, by an employee appointment of hours at the seasonal who works 40 children, parents, beginning of each workers, or more hours in parents-in-law, year. adjunct the city during grand-parents, professors, the year. grandchildren, interns, health Employees who spouses, and care work less than registered life professional 40 hours during partners. pool the year, accrue Includes reasons employees, unpaid time at related to state and the same rate. domestic federal Employers with violence, sexual employees, 9 or fewer assault or and employees are stalking. employees required to hired for less provide unpaid than six sick leave at the months. rate described above. Must be Employees may employed at accrue up to 40 least 40 hours hours per -year. in the calendar year. Sick time must be provided upon oral or written request. If sick leave is foreseeable, employee must provide reasonable advanced notice. Employers can only require documentation when an employee uses paid sick leave for more than two days. Employers must provide notice to employees of their entitlement to paid sick time, the amount to which they are entitled, the terms under which leave can be used, the guarantee against retaliation, and the right to file a complaint regarding violations of the ordinance. Notice can be given either (a) by written notice or (b) by displaying a poster to be prepared by the city. In addition, if the employer has a handbook that is distributed to employees, it must include the notification information. Rate of pay is determined by the rate the employee would have earned during time paid time off was taken. Enforcement and other provision still being developed. Excludes workers covered by a collective bargaining agreement. 8

9 Newark, Passaic, East Orange, Paterson, Irvington, Trenton, Montclair, and Bloomfield, NJ (Information that follows is consistent with leave laws in abovementioned municipaliti es) Workers Accrual begins Employers must To care for Employee may employed in on the first day provide 1 hour personal mental carry over up to relevant city of employment for every 30 or physical 40 hours of for at least 80 but paid sick hours worked, illness, injury, or unused time. hours in a time cannot be up to 40 hours health condition, year. used during the per year for any or to care for the Government first 90 calendar employer with illness, injury, or employees, days of 10 or more health condition school district employment. employees or of a family employees, any employer member and engaged in the (biological, employees of business of child adoptive or foster Rutgers care, home children, University are health care, or stepchildren, exempted. food service legal wards, Members of a work, and up to children of a construction 24 hours for domestic partner union covered employers with or civil union by a collective less than 10 partner or the bargaining employees and child of a worker agreement are do not engage in standing in loco exempted. the business parentis to the categories child, parents, described above. parents of a spouse or domestic/civil union partner, spouses, domestic/civil union partners, grandchildren, grandparents, the spouse or domestic/civil union partner of a grandparent, and siblings). Closure of the employee s place of business or of the employee s child s school due to a public health emergency Employer may request that an employee confirm in writing following use of paid sick time that time wa used for an authorized purpose, and after 3 days or 3 instances, employer may request documentation signed by a health care professional indicating that the paid sick time was necessary. Employer may require reasonable advance notice of the intention to use paid sick time, so long as no employee is required to give notice more than seven days in advance. Notice may be given as soon as practicable where advanced notice is not possible. Employers must provide notice in place of business, and provide notice to all employees at the commencement of employment. If at least 10% of an employer s workforce speaks a primary language other than English, the employer must also provide the notice in that language. Employers must maintain adequate records documenting hours worked and paid sick time taken for each employee. Provisions may be waived to the extent that CBA expressly, clearly, and unambiguously does so. 9

10 10