State and Local Paid Sick Leave Laws

The HR Question of the Month is provided by Zywave®, a company wholly independent from Federated Insurance. Federated provides its clients access to this information through the Federated Employment Practices Network with the understanding that neither Federated nor its employees provide legal or employment advice. As such, Federated does not warrant the accuracy, adequacy, or completeness of the information herein. This information may be subject to restrictions and regulation in your state. Consult with your own qualified legal counsel regarding your specific facts and circumstances.

Question

With the cold weather, we have had a lot of employees getting sick and using paid sick leave (PSL). We operate in multiple locations and are confused by all the state and local PSL laws. Exactly which law(s) are we required to follow?

Answer

With the proliferation of state and local PSL laws across the country, employers may find compliance challenging, particularly when employees are covered by both state and local laws. Oftentimes, the state and local laws of the location where an employee is physically working—and not necessarily where the employer is located or where the employee resides—will apply. Employers should review the definitions and/or applicability sections of any laws at issue to determine which laws cover their employees.

In situations in which more than one law applies (for example, both a state and a local law), but the laws differ with respect to their provisions, employers should generally apply the most generous employee standard. That is, employers should follow the provision that provides the greatest benefit to employees. For example, if a state PSLlaw allows employees to accrue up to 40 hours of PSL but a local PSL law allows employees to accrue up to 72hours, the employer should allow employees to accrue up to 72 hours—the greater benefit.

When employers are subject to both state and local PSL laws, they must compare the laws and decide which provisions to follow. It is always best to consult with local counsel for specific legal advice and ensure compliance with all applicable laws. Failure to provide employees with all rights to which they are entitled can result in costly consequences for employers.