Economic News

It depends on how many hours of paid sick leave the employee ends up accruing throughout the year. If they accrue the full 64 hours but then works additional hours (such as overtime), the employer will have to add sick leave hours to that employee’s leave balance to be in compliance.

The Act does not require earned sick leave to be paid out upon an employee’s separation. However, unused PTO that has been accrued or earned may be payable upon separation according to an employer’s particular PTO policy, any applicable CBA, or as otherwise required by law. Employees who do receive a payout of all unused leave upon separation will be deemed to have used that leave. Those employees will not be eligible to have leave restored if they return to the company within 12 months.  

When the need to use earned sick leave is foreseeable, the employee should make a reasonable effort to provide advance oral or written notice to the employer. (“Foreseeable” means an employee is aware of the need to use earned sick leave seven or more days before such use.) These employees should also make a reasonable effort to schedule leave in a way that will not disrupt the employer’s operations. But if the need to use earned sick leave is not foreseeable, the employee is only required to notify the employer as soon as practicable.

If an employer denies an employee’s request to use earned sick leave and the employee files a complaint with the Division, the employer will have an opportunity to provide the Division with evidence that the employee was not entitled to use the leave. If the Division finds that the employee was wrongfully denied, the employer could be liable for improperly denied leave pay, damages, and interest. If the Division determines that the employee was not entitled to use earned sick leave, the employer will not be liable.

Yes. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs. And employers must report additional details of this benefit (such as year-to-date accrual and usage) in writing to employees at least once every calendar quarter if that information is not included on the paystubs.

While an employer may prescribe procedures for calling off work, an employee’s failure to provide advance notice in unforeseeable situations does not permit the employer to deny leave. Also, finding a replacement worker is never the employee’s responsibility. Failure to find a replacement may not be used as reason to deny leave.

Yes, if the third-party administrator or individual(s) tracking payroll complies with all the requirements of the Act. However, if they fail to comply, the employer will be out of compliance with the Act and potentially liable for any violations of the Act that resulted from the third party’s failure.

Under the Act, any employee who is re-hired or reinstated within 12 months of separation is entitled to have previously accrued but unsued leave restored to them upon their return. The Division recommends that employers treat earned but unused sick leave under the Act as a continuing potential liability for at least one year.