Employment Law Attorneys

Employees Are Entitled to Mandatory Paid Leave During Coronavirus Outbreak4 min read

By Mark Carey

In our continuing effort to bring you immediate and pertinent employment related information during the Coronavirus outbreak, I have the following answer to your question whether you will be paid for sick leave by your employer if you contract the Coronavirus and are ordered to self-quarantine at home.

I have researched for you all the states that provide for Mandatory Paid Sick Leave for employees who contract the Coronavirus. There are different requirements in each state and I have attempted to summarize them below.  I have also included a link to each state statute for your further reading.

Please note, these benefits are in addition to Family Medical Leave Act benefits under state and federal law. Generally, employees are entitled to 12 weeks of paid/unpaid time off due to a serious medical condition under federal FMLA; some states like Connecticut provide for 16 weeks of FMLA leave.  Employers often coordinate such a leave with Short Term Disability Benefits at a 100% of base salary.

The following states now provide paid sick leave to employees.

Arizona –Earned Paid Sick Time

Employees are immediately entitled to paid sick leave upon hire. Employees accrue one (1) hour of earned sick leave time for every thirty (30) hours worked, but employees can only accrue 40 hours of earned paid sick leave per year.  The statute applies to employers with 15 or more employees; employers may elect a higher annual amount if they choose.

California – Healthy Workplaces, Healthy Families Act of 2014 (AB 1522)

Employees are eligible after 30 days of date of hire. Employees accrue one (1) hour of earned sick leave time for every thirty (30) hours worked.  A total of 48 hours or six days

Connecticut – Paid Sick Leave Act

Employees who work for employers with 50 or more employees are entitled to 40 hours of paid sick leave per year. Employees accrue one hour of sick leave for every 40 hours worked. Employees can carry over unused sick leave from year to year, but are limited to 40 hours each year.

Maryland – Maryland Healthy Working Families Act 

Employees are entitled to five (5) days of sick leave but must work for employers with 15 or more employees. Employees accrue one hour of sick leave for every 30 hours worked.

Massachusetts – Earned Sick Time for Employees

Employees are entitled to 40 hours of paid sick leave per year. Employees earn one hour of paid sick time for every 30 hours of work.  Law applies to employers with 11 or more employees.

Maine – LD 396 (takes effect Jan. 1, 2021)

Employers with 10 or more employees will be required to provide 40 hours of paid sick leave each year. Employees must work 40 hours to earn one hour of paid sick leave.

Michigan – Paid Medical Leave Act (SB 1175)

Employees are entitled to 40 hours of paid sick leave each year and will accrue one hour of paid sick leave for every 30 hours of work. Law only applies to employers with 50 or more employees.

Nevada – 2020 Paid Leave Statute

Employees are entitled 40 hours of paid sick leave each year, but can only use paid leave after the 90th day of employment.  The paid leave can be accrue year over year.

New Jersey – The New Jersey Paid Sick Leave Act

Employees are entitled to 40 hours of paid sick leave each year or every consecutive 12 months.  Law prohibits use it or lose it benefits, and must pay the balance of unused benefit; the paid sick leave can accrue year over year. The law prohibits a use it or lose it policy and the employer must compensate for unused paid sick leave.

Oregon – Mandatory Provision of Sick Time 

Employees who have worked at least 90 hours for an employer are entitled to 40 hours of paid sick leave per year.  Employees earn 1 hour of paid leave for every 30 hours worked.

Rhode Island – Healthy and Safe Families and Workplaces Act

Employees are entitled to 5 days (40 hours) of paid sick leave. Law applies to employers with 18 or more employees. Employees must wait 90 days after the date of hire to use benefit.

Vermont –  Act 69 (H 187)

Employees are entitled to 40 hours of paid sick leave per year. Employees earn 1 hour of paid sick leave for every 52 hours of work.

Washington – Paid Sick Leave

Employees are entitled 40 hours of paid sick leave per year and hours can accrue year over year.  Benefits do not start until 90 days after the date of hire.

If you need immediate assistance, please email our Employee Coronavirus Hotline and we will attempt respond to your questions.  Mark Carey can be reached at 203-255-4150 or mcarey@capclaw.com.

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