Paid Sick Leave Laws by State: Is Yours on the List?

Paid Sick Leave Laws by State: Is Yours on the List?

Updated September 2026

Twenty states and Washington, D.C. require employers to provide paid sick leave. The other thirty don’t. There is no federal law requiring it anywhere, so if your state isn’t on the list below, your employer can legally offer you none at all.

If your state is on the list, the rules are more generous than most people realize — and most of the protections go unused because employees don’t know they exist. The table below shows who’s covered, how fast you earn it, and what you can actually use it for.

Which States Require Paid Sick Leave?

State paid sick leave laws change every legislation session. This table was last verified in September 2026. Before you rely on it, check your state labor department — a bill that passed in spring may not take effect until January.

These states have laws specifically requiring paid sick leave:

Your city or county may require more than your state does. Dozens of local ordinances — in places like New York City, Seattle, Philadelphia and much of California — set their own accrual rates and their own rules about what counts as a covered reason.

If you live in a state with no law on this list, check your city anyway before you assume you have nothing. A Better Balance tracks local paid sick time ordinances alongside the state ones.

Three States Give You Paid Leave for Any Reason

This distinction matters and almost nobody explains it. Illinois, Maine and Nevada don’t have sick leave laws — they have laws requiring paid leave you can use for anything, no reason required and no explanation owed.

If you work in one of these three, you do not have to tell your employer you’re sick. You don’t have to tell them anything. That’s the whole point of the statute, and employers sometimes behave as though it’s a sick leave law.

Recent and Upcoming Changes

• Alaska — new, effective July 2025
• Nebraska — new, effective October 2025
• California — covered uses expanded January 2026
• Connecticut — currently 11+ employees, expanding to all employers January 2027
• Michigan — significantly revised in early 2025

This is the section to check before you rely on anything here. States amend these laws every legislative session, and a ballot measure can change one overnight.

What If Your State Isn’t on the List?

Thirty states require nothing, and that’s lawful. But three things are still worth checking before you conclude you have no rights.

Your city or county may require it even if your state doesn’t. Several cities have their own ordinances, and they apply regardless of state law. Check your municipality specifically.

Your employer’s own policy still binds them. If the handbook promises sick days, that promise is generally enforceable even where no law requires it.

Federal protections may cover the absence even if it’s unpaid. FMLA gives job protection for a serious health condition, and the ADA may require leave as a reasonable accommodation. Neither pays you, but both can stop you being fired.

What You Can Use Sick Leave For

Broader than most people assume. In most states with a law, covered uses include:

• Your own illness, injury, or preventive care — including routine check-ups and dental appointments
• Caring for a family member who’s ill, with “family” defined broadly in many states
• Recovery from or treatment related to domestic violence, sexual assault or stalking
• Closure of your workplace or your child’s school for a public health reason

The domestic violence provision is in most of these statutes and is very rarely used, largely because employees don’t know it’s there.

What Your Employer Can and Can’t Require

They usually can’t demand a doctor’s note for a short absence. Most of these laws bar requiring documentation until you’ve been out three or more consecutive days. See when your employer can ask for a doctor’s note.

They can’t make you find your own cover. Requiring you to find a replacement as a condition of using sick leave is prohibited in most of these states.

They can’t count it against you. Using protected sick leave can’t trigger points under a no-fault attendance policy, and that’s one of the most commonly violated provisions.

They can’t retaliate. Discipline, reduced hours or a worse schedule after you use sick leave is unlawful. See is this workplace retaliation and can you be fired for calling in sick.

They generally can require reasonable notice for foreseeable absences like a scheduled appointment.

Does It Carry Over, and Do You Get Paid Out?

Carryover is required in most of these states, though your employer can cap how much carries and how much you use in a year. Some allow front-loading the full annual amount instead, which removes the carryover obligation.

Payout on separation is usually not required for sick leave — unlike accrued vacation in some states. If your employer combines everything into one PTO bank, the rules can change, because the whole bank may then be treated as vacation. See do employers have to pay out vacation time and can your employer take away earned PTO.

Do Part-Time Workers Get It?

Yes, in almost every state with a law. Accrual is based on hours worked, so part-time employees earn proportionally rather than being excluded. This is one of the few benefits where part-time status doesn’t lock you out.

Some states exclude certain categories — seasonal workers, some agricultural workers, employees covered by a collective bargaining agreement that waives it. Check your own state’s exclusions.

What to Do If You’re Denied

Find the rule. Your state labor department publishes plain-language guidance and usually a required workplace poster.

Check your accrual against your own hours. Take your hours worked and divide by your state’s accrual rate. Compare to what your pay stub shows. Discrepancies are common and usually a payroll configuration error rather than anything deliberate.

Ask in writing. “Can you confirm my current sick leave balance and how it’s calculated?” creates a record and often fixes it.

File if it isn’t resolved. Every state with a sick leave law has an enforcement agency, filing is free, and you don’t need a lawyer to start. Most of these statutes also carry anti-retaliation provisions that protect you for filing.

Frequently Asked Questions

Is There a Federal Paid Sick Leave Law?

No. There is no federal requirement for private employers to provide paid sick leave at all.

How Many States Require Paid Sick Leave?

Twenty states and Washington, D.C. Seventeen of those plus D.C. have sick-leave-specific laws; Illinois, Maine and Nevada require paid leave usable for any reason.

Can My Employer Make Me Use PTO Instead?

If your employer offers a combined PTO bank that meets or exceeds the state minimum, that generally satisfies the law. They can’t make you exhaust vacation before accessing protected sick time where the two are separate.

Do I Have to Tell My Employer Why I’m Out?

In sick leave states, you generally identify the absence as covered without disclosing your diagnosis. In Illinois, Maine and Nevada you don’t have to give a reason at all.

Can I Be Fired for Using Sick Leave?

Not for using protected leave. You can still be fired for unrelated reasons, but discipline that follows closely after you use it is worth documenting.

What If I Work Remotely for an Out-of-State Employer?

Coverage usually follows where you work, not where the company is based. If you work from a state with a law, you’re generally covered.

Does Sick Leave Carry Over Every Year?

Usually yes, subject to caps — unless your employer front-loads the full amount at the start of the year.

The Bottom Line

Twenty states and D.C., and thirty states with nothing. That’s the whole picture, and it means the single most important thing about your sick leave rights is your zip code.

If you’re in a covered state, the useful move is to check your accrual against your own hours this week. Payroll systems get this wrong quietly and routinely, and nobody notices because nobody checks. Divide your hours worked by your state’s rate, compare it to your balance, and ask in writing if the numbers don’t agree.

And if you’re in one of the thirty, check your city before you give up. Municipal ordinances cover a lot of people who assume they have nothing.

Disclaimer

This article is for general information only and is not legal advice. Paid sick leave laws vary by state and city and change frequently, and reading this article does not create an attorney-client relationship. Verify the current rule with your state labor department and consult a licensed attorney about your specific situation. Please also read our Terms and Conditions.

Related Articles

• How Much PTO Is Normal?
• Can You Be Fired for Calling In Sick?
• When Your Employer Can Ask for a Doctor’s Note
• Do Employers Have to Pay Out Vacation Time?
• How Long Does FMLA Last?
• Paid Family Leave vs. FMLA