Sick Leave: How do sick leave and pay work in the United States?
Paid Sick Leave in the United States
The federal government does not require paid sick leave.
However, many U.S. states and cities have laws requiring employers to provide paid sick leave under certain conditions.
Employers managing multi-state or distributed teams must understand state- and city-specific sick leave rules to remain compliant.
These rules vary widely by accrual rates, maximum usage, and whether unpaid sick leave is required.
Employee illness is inevitable. From short-term illness to extended absences for surgery or chronic conditions, managing sick leave can be administratively and legally complex.
Staying informed helps ensure compliance while supporting employee well-being.
As of 2026, 18 state and Washington, D.C. have paid sick leave laws.
In other states, paid sick leave is generally left to employer discretion unless local ordinances apply.
Employers may also create custom sick leave policies to provide additional flexibility or sick leave coverage.
Please see Custom Policies Guide for more details.
This guide explains how paid and unpaid sick leave works in the U.S., including federal protections, common policy structures, and state-level requirements.
Sick leave policies are shaped by:
- Federal job-protection laws
- State and local paid sick leave mandates
- Employer-defined policies
Understanding how these layers interact is key for compliance.
Paid sick leave allows employees to take time off for health-related reasons while receiving pay. State laws set minimum requirements, but employers may provide more generous benefits.
Common uses include:
- Personal illness (physical or mental health)
- Injury that prevents safe or effective work
- Medical appointments (preventive, diagnostic, or follow-up care)
- Recovery from surgery or other procedures
- Caring for sick family members (children, spouses, parents, domestic partners)
Unpaid sick leave is job-protected time off without pay.
- Some states require unpaid.
- If unpaid leave is not offered, employees may need to:
- Use vacation or PTO
- Request discretionary unpaid leave
- Rely on FMLA, if eligible
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
- Serious health conditions
- Birth, adoption, or foster placement of a child
- Caring for a seriously ill family member
- Certain military-related needs
Important: FMLA does not provide pay but protects job and benefits during qualifying long-term absences. It is not intended for short-term illnesses.
- If eligible, employees may apply for STD after paid sick leave is exhausted
- While waiting for STD approval, employees should request Unpaid Leave or PTO to cover the time off
- STD does not replace the requirement to submit leave through Remote
- How to apply: Submit a claim
- Questions? Contact Guardian: 1-888-482-7342
- Sick leave is deducted from an employee’s PTO balance
- Unused PTO at separation is typically paid out per company policy
- Some states require a minimum amount of sick leave, which must be provided regardless of PTO policies
Employees must submit all leave requests through the Remote Time-off feature to ensure accurate payroll processing. Employers must review and approve these requests.
Steps for requesting time off (applies to Sick Leave, Unpaid Leave, or Other/PTO):
- Log into your Remote dashboard
- Navigate to the Time-off tab
- Click Request time-off
- Select the leave type from the dropdown:
- Sick Leave – for statutory or company-provided paid sick leave
- Unpaid Leave – after paid sick leave is exhausted or if no sick leave is provided
- Other/PTO – when using PTO or custom leave policies
- Enter the dates and reason for the leave
- Submit the request
Employers are responsible for reviewing and approving requests and ensuring leave is recorded accurately. Correct entries prevent payroll errors and ensure compliance with state and federal laws.
Once employees have used all available paid sick leave:
- They must request Unpaid Leave or PTO
- They may also apply for STD, if eligible
- Paid sick leave does not automatically continue
- Employees must select the correct leave type in the dropdown to ensure accurate payroll
- Paid sick leave ends once statutory or policy limits are reached
- After paid sick leave, employees must request:
- Unpaid Leave (or PTO)
- Apply for STD, if eligible
- States without paid sick leave require employees to request Unpaid Leave or PTO
- All leave must be requested through Remote to ensure accurate payroll and compliance
- Employers must review, approve, and record leave accurately
State | State Paid Sick Leave | What the Employee Should Do | STD & FMLA Notes |
|---|---|---|---|
Alabama | No state law | Request Unpaid Leave or PTO | Apply for STD if medically eligible. FMLA may protect job for qualifying medical/family leave. |
Alaska | Yes – 7 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD. FMLA may run concurrently. |
Arizona | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD. FMLA may apply. |
Arkansas | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
California | Yes – 5 days (40 hrs) | Use Sick Leave → after paid sick leave ends, request Unpaid Leave/PTO | After paid sick leave entitlement, request unpaid leave and apply for STD (CA SDI). FMLA/CFRA may run concurrently. |
Colorado | Yes – 6 days (48 hrs) | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD/PFML. FMLA may run concurrently. |
Connecticut | Yes – 5 days (40 hrs) | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD/CT PFML. FMLA applies if eligible. |
Delaware | No sick leave (PFML only) | Request Unpaid Leave or PTO | Apply for STD / DE PFML for medical leave; FMLA may apply. |
Florida | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Georgia | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Hawaii | No sick leave (TDI only) | Request Unpaid Leave or PTO | Apply for TDI (state STD); FMLA may apply. |
Idaho | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Illinois | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD. FMLA applies if eligible. |
Indiana | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Iowa | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Kansas | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Kentucky | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Louisiana | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Maine | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | Apply for STD / ME Paid Leave; FMLA may apply. |
Maryland | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD. FMLA applies if eligible. |
Massachusetts | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD / MA PFML; FMLA may run concurrently. |
Michigan | Yes – 9 days | Use Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD. FMLA applies if eligible. |
Minnesota | Yes – 6 days (48 hrs) | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for MN PFML / STD; FMLA may apply. |
Mississippi | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Missouri | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Montana | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Nebraska | Yes – 7 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD; FMLA may apply. |
Nevada | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD; FMLA may apply. |
New Hampshire | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
New Jersey | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for NJ TDI (STD); FMLA/NJFLA may apply. |
New Mexico | Yes – 8 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD; FMLA may apply. |
New York (State) | Yes – 7 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for NY Disability Benefits (STD); FMLA may apply. |
New York City | Yes + 32 hrs unpaid | Use Paid Sick Leave → then Unpaid Sick Leave | After paid sick leave entitlement, request unpaid leave and apply for NY DB (STD); FMLA may apply. |
North Carolina | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
North Dakota | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Ohio | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Oklahoma | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Oregon | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for OR Paid Leave / STD; FMLA may apply. |
Pennsylvania | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Rhode Island | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for TDI (STD); FMLA may apply. |
South Carolina | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
South Dakota | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Tennessee | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Texas | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Utah | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Vermont | Yes – 5 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for STD; FMLA may apply. |
Virginia | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Washington | Yes – 7 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | After paid sick leave entitlement, request unpaid leave and apply for WA PFML (medical); FMLA may apply. |
Washington, D.C. | Yes—7 days | Request Sick Leave → after paid sick leave ends, request Unpaid Leave | Apply for STD; FMLA may apply. |
West Virginia | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
Wisconsin | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA/WFMLA may apply. |
Wyoming | No state law | Request Unpaid Leave or PTO | Apply for STD; FMLA may apply. |
This guide explains paid sick leave in the U.S., including how much is available, who is eligible, how it accrues, approved uses, and what to do after paid leave is exhausted. Employees should always submit leave requests through Remote for accurate payroll processing.
Paid Sick Leave: 7 days
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, caring for a family member, domestic violence/sexual assault/stalkings
After Paid Leave: After all accrued sick leave is used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, public health emergencies
After Paid Leave: After all accrued paid sick leave is used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs) minimum, up to 10 days (80 hrs)
Carryover: Yes, unless 40 hours are frontloaded.
Part-Time Eligible: Yes
Uses: Personal illness, preventive care, family care, jury duty, crime victim leave
After Paid Leave: After 40–80 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA/CFRA
Key Updates (2026): Expanded coverage for crime victims and jury duty
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 6 days (48 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery, public health emergencies
After Paid Leave: After 48 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: carryover of unused sick leave, though annual use may be limited to 40 hours. Alternatively, employers may provide a full 40-hour sick leave bank at the start of each year.
Part-Time Eligible: Yes
Uses: Physical or mental health, preventive care, family care, domestic violence recovery, public health emergencies
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Key Updates (2025–2027): Phased rollout expanding coverage to all employees; carryover allowed
Connecticut’s new law expands paid sick leave to all employees (except seasonal and some unionized workers) and lowers the employer size threshold in stages: starting in 2025 for employers with 25+ employees, 2026 for 11+ employees, and by 2027, all employers with at least one employee will be required to provide sick leave.
Uses:
- Personal or family illness, injury, medical care, preventive care, mental health
- Public health emergencies, exposure to communicable diseases
- Recovery from family violence or sexual assault
- Broad family definition (“blood or affinity”)
CT Paid Sick Leave Poster: English | Spanish
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence, public safety
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence, sexual assault
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, preventive care
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 9 days
Carryover: Yes, capped at annual limit
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery, public health emergencies
After Paid Leave: After maximum annual paid hours used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 6 days (48 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, preventive care, family care, domestic abuse, public emergencies
After Paid Leave: After 48 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 7 days
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, safety-related needs
After Paid Leave: After all accrued paid sick leave is used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, public health emergencies
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, preventive care
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 8 days (64 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery, public health emergencies
After Paid Leave: After 64 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 7 days
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, preventive care, family care, safety-related needs
After Paid Leave: After maximum accrued paid sick leave used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 7 days + 32 hrs unpaid
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, safety-related need
After Paid Leave: After paid sick leave used, request unpaid leave (32 hrs) or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery
After Paid Leave: After 40 hrs used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 5 days (40 hrs)
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery
After Paid Leave: After 5 days of paid sick leave, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 1 hr per 40 hrs worked, no cap
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, preventive care
After Paid Leave: After all accrued paid leave is used, request Unpaid Leave or PTO, then apply for STD/FMLA.
Employees can contact Remote to request information about their current paid sick leave balance.
Paid Sick Leave: 7 days
Carryover: Yes
Part-Time Eligible: Yes
Uses: Personal illness, family care, domestic violence recovery
After Paid Leave: After maximum accrued paid sick hours are used, request Unpaid Leave or PTO, then apply for STD/FMLA
Employees can contact Remote to request information about their current paid sick leave balance.
Reminder for Employees:
- Submit Sick Leave, Unpaid Leave, or PTO requests through Remote for accurate payroll processing.
- Always review leave balances and ensure correct entries to avoid errors.
- After paid sick leave is exhausted, follow the same request steps but choose Unpaid Leave or PTO, then submit for STD/FMLA if applicable.
Disclaimer: Please be advised that the information provided is for general guidance only and should not be considered legal advice. Clients are strongly encouraged to contact the Lifecycle - Time & Attendance team for expert guidance and assistance in navigating the intricate landscape of time off requirements in the United States. Consulting with our team is imperative to ensure compliance with local employment standards legislation and clearly understand the stipulated time off and attendance related requirements. Your proactive engagement with the Time & Attendance team is vital to making informed decisions and adhering to all relevant regulations.
