10 FAQs on Sick & Safe Leave Laws for a Compliant Organization

An increasing number of states are enacting sick and safe leave laws and regulations. These laws (which are related to paid time off laws and regulations) promote workforce health, safety, and equity.   

The problem is that these laws are passing quickly, and many organizations operate across multiple states, and even countries. As a result, many leaders do not know about sick and safe leave laws relevant to their organization until it’s too late. They’re unknowingly noncompliant and at-risk for lawsuits.  

To help your organization get and/or stay compliant, this article answers the following questions: 

1. What are sick and safe leave laws?  
   
2. What’s the relationship between sick and safe leave laws and PTO? 
   
3. Why are sick and safe leave laws being adopted by many states?  
   
4. Which states currently have these laws? 
   
5. Do other countries have sick and safe leave laws and what are their compliance implications for U.S. businesses? 
   
6. Does an organization have to comply with sick and safe leave laws if there are none in its state of operation? 
   
7. In general, why is compliance with these laws important (or, why is noncompliance risky)? 
   
8. What are the benefits of compliance? 
   
9. How do organizations safeguard ongoing compliance when laws are continuously changing? 
   
10. Where can I go for help with sick and safe leave and related law compliance? 

1. What are sick and safe leave laws? 

Sick and safe leave laws are state or city mandates an employer must provide to employees. Sick leave is for personal or family injuries, illness, or preventative care. Safe leave is for situations involving domestic violence, sexual abuse, or public health emergencies.   

2. What’s the relationship between sick and safe leave laws and PTO?

Some organizations bucket all PTO together; regardless of whether an employee is out for vacation, illness, or otherwise, it’s all considered PTO. Bucketing PTO in this way can be tricky if your organization must comply with sick and safe leave laws. That’s because certain states and locations have different rules for the reason to use leave, total amount of earned sick leave per year, and total amount of carryover per year. When organizations provide a PTO plan, the minimum requirements for sick leave must be applied to the plan. 

3. Why are sick and safe leave laws being adopted by many states? 

Sick and safe leave laws help an organization be a safer, healthier, and more equitable place for people to work. Employees are encouraged to use their sick or safe time with job protections in place. That way, they still receive pay while out, and they are not wrongfully terminated for using the time. There is no universal paid sick leave in the United States, and more states are taking action to provide this benefit.  

4. Which states currently have these laws? 

States with sick and safe leave laws: 

• Alaska 
• Arizona 
• California 
• Colorado 
• Connecticut 
• Illinois 
• Maine 
• Maryland 
• Massachusetts 
• Michigan 
• Minnesota 
• Nebraska 
• Nevada 
• New Jersey 
• New Mexico 
• New York 
• Oregon 
• Rhode Island 
• Vermont 
• Washington 

Cities and counties with sick and safe leave laws: 

• Seven cities in California: Berkeley, Oakland, San Francisco, Los Angeles, Santa Monica, San Diego, and Emeryville 
• Washington D.C. 
• Bloomington, Illinois  
• Chicago, Illinois 
• Cook County, Illinois 
• Three cities in Minnesota: Minneapolis, St. Paul, Duluth, and Bloomington 
• Bernalillo County, New Mexico 
• New York City 
• Westchester County, New York 
• Allegheny, Pennsylvania 
• Philadelphia, Pennsylvania  
• Pittsburgh, Pennsylvania 
• Seattle, Washington 
• Tacoma, Washington 

5. Do other countries have sick and safe leave laws and what are their compliance implications for U.S. businesses? 

Yes, other countries have their own laws and regulations surrounding sick and safe leave, which is typically paid for through social security systems in the country.  If your country operates internationally, be sure to review laws in those countries and review collective bargaining agreements. 

6. Does an organization have to comply with sick and safe leave laws if there are none in its state of operation? 

Yes, and this is a sizeable risk area. Your state might not have sick and safe leave laws, but if any company employee lives in a state that does have these laws, your company must comply with them.  

The landscape for compliance is becoming increasingly complex. This is especially true as companies adopt flexible and remote work arrangements that allow employees to work across the country, opening the organization up to multi-state compliance. We have a tool to address this increasingly problematic risk area. 

7. In general, why is compliance with these laws important (or why is noncompliance risky)? 

Noncompliance with any law opens your organization up to legal and financial issues. A lesser-known risk of noncompliance is the reputational damage it can do to your business. The marketplace does not react kindly to organizations seen as mistreating employees. This could harm your bottom line in many ways (customer boycotts, for one) and hurt your employee recruiting and retention efforts.  

Employees can file a complaint with their state agency, which can lead to investigations, backpay, penalty fees, and legal fees. An organization that refuses to provide employees with the appropriate leave could lead to retaliation or discrimination claims.  

8. What are the benefits of compliance? 

On the flip side, compliance has some evergreen benefits, like financial and legal expense savings. In the case of sick and safe leave laws, effective company policies attract and retain quality employees, improving morale and productivity. Showing employees the organization is compliant with sick and safe leave mandates will strengthen trust with their employees.    

9. How do organizations safeguard ongoing compliance when laws are continuously changing? 

In lieu of painstakingly following every news item related to these laws, you can onboard a tool like StateCheck, our Multi-State Compliance Platform. This platform provides a quick snapshot of the minimum requirements in each location that an employer must comply with. The tool also supports decision makers in seeing which state has the highest requirements for leave.  

StateCheck provides legal details about payroll taxes, compensation requirements, family leave, disability leave, and other paid time off requirements. 

Finally, platform purchase includes consulting hours to help individuals navigate the platform, dive deeper into state laws, and create action items to correct noncompliance.   

10. Where can I go for help with sick and safe leave and related law compliance? 

We’d be happy to consult on sick and safe leave laws as they apply to your organization. Please reach out.