Paid Sick Leave: Arizona

This Arizona Earned Paid Sick Time policy applies to employees in Arizona under the Arizona Earned Paid Sick Time law (A.R.S. §§ 23-371 through 23-375) and sets clear rules for who can use paid sick time, how it accrues (or is front-loaded), what it can be used for (including an employee's health needs, caring for family, and certain safety-related absences), and the notice, documentation, carryover, and anti-retaliation protections your organization needs to follow.

The History Behind Paid Sick Leave Policies in Arizona

Paid Sick Leave became a real compliance requirement for many Arizona employers after voters approved the Fair Wages and Healthy Families Act (Proposition 206) in 2016. The measure paired a minimum wage increase with statewide earned paid sick time and wrote the rules into Arizona law at A.R.S. §§ 23-371 through 23-375. The law set the basic framework most policies still follow: accrual tied to hours worked, a waiting period before use, protected reasons for leave, and anti-retaliation rules.

 

Implementation got messy because the statute left room for interpretation, so the Industrial Commission of Arizona (ICA) stepped in with guidance, model notices, and enforcement. Employers also watched early challenges to Proposition 206, including litigation that argued the initiative violated Arizona's "single subject" rule and other state constitutional limits. The Arizona Supreme Court ultimately allowed the law to stand, which ended the suspense and pushed employers who were waiting on the sidelines to formalize their sick time practices.

 

After that, the trend line was predictable. Multi-state employers started standardizing leave programs because local sick leave laws were spreading across the country, and Arizona's rules had enough specifics (like carryover, documentation limits, and reinstatement after rehire) to warrant a state-specific policy. COVID-19 then made the public-health uses of sick time feel less theoretical, even though Arizona's earned paid sick time law already covered certain closures and isolation scenarios, and employers tightened policies to match what regulators and employees now expected in writing.

Which Law is the Paid Sick Leave Policy Meant to Comply With?

If you create and distribute a Paid Sick Leave Policy for your Arizona-based employees, it is in an effort to comply with Arizona's Fair Wages and Healthy Families Act (A.R.S. 23-371), A.R.S. 23-372, A.R.S. 23-373, A.R.S. 23-374, and A.R.S. 23-375.

How to Write an Arizona-Specific Paid Sick Leave Policy

  • Start with "why" and introduce the concept, explain that Arizona paid sick time supports health needs, family care, and certain safety and public health related absences.
  • Define who is covered, state that all employees in Arizona are eligible.
  • Explain how leave is provided, describe the accrual method and the option to frontload an annual bank.
  • List permitted uses, cover personal health needs, family care, domestic violence or sexual assault or stalking related needs, and public health emergency related needs.
  • Define "family member" for purposes of using paid sick time.
  • Set expectations for requesting leave, describe how employees give notice and who they contact.
  • Address documentation, explain when you may ask for reasonable documentation and how you will protect confidentiality.
  • Describe how leave is used and paid, including when employees can begin using leave, the increment of use, and the pay rate rules.
  • Set annual limits and year definition, explain the yearly cap and how your organization defines the benefit year.
  • Explain carryover and end-of-year handling, cover carryover rules and whether unused time is paid out at year-end.
  • Address separation and rehire, explain what happens to unused sick time at separation and how reinstatement works after rehire.
  • Include protections, prohibit retaliation and requiring employees to find shift coverage, and provide a contact for questions.

When to Include this Policy in Your Employee Handbook

If you have employees in Arizona and you do not have a similar policy that's available for all US employees, you should include this policy in your employee handbook for Arizona-based employees. 

 

ARS § 23-275 (A) states: 

 

Employers shall give employees written notice of the following at the commencement of employment or by July 1, 2017, whichever is later: employees are entitled to earned paid sick time and the amount of earned paid sick time, the terms of its use guaranteed under this article, that retaliation against employees who request or use earned paid sick time is prohibited, that each employee has the right to file a complaint if earned paid sick time as required by this article is denied by the employer or the employee is subjected to retaliation for requesting or taking earned paid sick time, and the contact information for the commission where questions about rights and responsibilities under this article can be answered.

 

Your employee handbook qualifies. 

Other Considerations

The law applies to Arizona employers who have at least 1 employee in the US.

Exceptions

None

Model Policy Template for a Paid Sick Leave Policy

Earned Paid Sick Time

You may be eligible for paid time off under Arizona's Earned Paid Sick Time law. Paid sick time can be used for several reasons, including physical and mental health needs, caring for a family member, and absences related to domestic violence, sexual assault, or stalking.

All {​{​employees​}​} are eligible for paid sick time.

 

You will accrue one hour of paid sick time for every 30 hours worked, beginning on your first day of employment, up to a maximum of 40 | 24 hours per year. For accrual purposes, exempt {​{​employees​}​} are assumed to work 40 hours per week, unless their normal workweek is fewer than 40 hours.

Each year, you’ll receive 40 | 24 hours of Earned Paid Sick Time up front.

Reasons for Leave

Paid sick time can be taken for:

  • Your own mental or physical illness, injury, or health condition, including medical diagnosis, care, treatment, or preventative care.
  • Care for a family member with a mental or physical illness, injury, or health condition.
  • Absences related to domestic violence, sexual assault, or stalking (for yourself or a family member), including:
    • Seeking medical care or counseling.
    • Obtaining services from a victim-services organization.
    • Relocating for safety.
    • Participating in civil or criminal legal proceedings.
  • Absences due to public health emergencies, including:
    • Workplace or school closures ordered by a public official.
    • Care for yourself or a family member when advised by a health authority to isolate due to exposure to a communicable disease.

 

Note: Family members include immediate family members, domestic partners, legal guardians, individuals who stood in loco parentis, and others whose close association is equivalent to a family relationship.

Notice and Documentation

To take leave under this policy, contact your {​{​manager​}​} or {​{​the HR Team​}​}. So we can best prepare for your absence, please provide as much notice as possible. If your need for paid sick time is not foreseeable, notify your {​{​manager​}​} at least one hour prior to the start of your workday or as soon as possible.

 

If you take more than three consecutive workdays of paid sick time, reasonable documentation (e.g., a note from a healthcare provider) may be required. For absences related to domestic violence, sexual assault, or stalking, acceptable documentation includes a police report, court document, victim-services statement, or a personal written statement. See our Domestic Violence, Sexual Assault, or Stalking Leave policy for more details.

 

Documentation does not need to include health or situational details and will be kept confidential.

Usage and Payment

You can start using your paid sick time on your 90th calendar day of employment, in hourly increments or the smallest increment we use to track absences.

 

You’ll be paid at your normal rate, and such pay won’t include any special forms of compensation like incentives, commissions, or bonuses. Additionally, any paid sick time hours you use won’t count towards calculating overtime.

 

You can use up to 40 | 24 hours of paid sick time per year. At {​{​Organization Name​}​}, a year is a regular and consecutive 12-month period beginning {​{​First Day of Year​}​} and ending {​{​Last Day of Year​}​}

 

Up to 40 | 24 hours of unused leave can be carried over from one year to the next. However, you’re still subject to the 40 | 24 hours per year cap, even if you've accrued more than 40 | 24 after carrying hours over.

At the end of each year, you'll be paid for any unused leave hours.

 

Earned sick time is not paid out upon separation. However, if you're rehired within 9 months, any accrued and unused paid sick time will be reinstated.

Enforcement and Retaliation

We will not retaliate or discriminate against anyone who requests or uses paid sick time under this policy, and we will not require you to find a replacement worker to cover your shift.

 

For questions or to request paid sick time, contact {​{​the HR Team​}​}.

 

Other Jurisdictions that may Necessitate a Paid Sick Leave Policy

State-Specific Paid Sick Leave Policies

County-Specific Paid Sick Leave Policies

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Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.