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What are some examples of permissible purposes for which employees can use paid sick leave?

The list of all permissible purposes for which employees can use leave is in the text of the law itself. Here are a few examples of what the types of events that qualify (this list is by no means all inclusive):

  • Dental treatment
  • Medical conditions related to pregnancy or childbirth
  • Acupuncture
  • Child’s IEP meeting
  • Personal illness or the illness of a family member
  • Surgical procedures
  • Mental health therapy and counseling

How do we calculate accrual and use for salaried exempt and non-exempt employees?

Businesses should keep track of hours worked for salaried non-exempt employees to be able to calculate how much sick leave each employee should be accruing. For salaried exempt employees, you can assume they work 40 hours per week for accrual purposes unless you know that they regularly and customarily work fewer hours per week, in which case their leave accrual should be based on their normal hours worked per week. The recordkeeping and notice requirements of the HWA applies equally to all classifications of employees.

To determine what pay salaried exempt or salaried non-exempt employees whose hours fluctuate from week to week should receive for sick leave hours used, convert their annual salary into a weekly salary, and divide that amount by a standard 40 hours. That will give you the employee’s salary broken down into an hourly amount. Employers must ensure that the employee gets paid at least that amount per hour of sick leave used. This amount of pay does not need to be in addition to or on top of their regular salary. Furthermore, 40 hours is the assumption, but if you know the exempt employee works fewer than 40 hours per week, you must divide their weekly salary by their standard hours instead of 40. On the other hand, if they typically work more than 40 hours, still just divide by 40.

For salaried non-exempt employees or employees whose weekly hours don’t fluctuate, you do the same math but instead of using a standard 40 hours, you use the number of hours that employee works in a regular work week.



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