Develop a Paid Sick Leave Policy

Key Points

  • An employer should familiarize itself with the paid sick leave law(s) for the state or municipality in which it conducts business, or has employees working in, and then either (i) prepare a new policy that complies with the law; or (ii) modify an existing sick leave or paid time off (PTO) policy.
  • Most paid sick leave laws allow an employer to use an existing sick leave or PTO policy that applied to employees before the effective date of the paid sick leave law, as long as the policy matches or exceeds the law's requirements in terms in the amount of leave, the reasons leave may be taken and accrual, and does not require more from the employee than required in the law regarding notice, certification and other requirements.
  • A multistate employer must decide if it will comply with each law separately for covered employees, or if it will prepare one single, universal paid sick leave policy that meets the legal requirements for all applicable paid sick leave laws.

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