Sick Leave: US
This Sick Leave policy sets expectations for how employees can take time off for their own illness or medical appointments, or to care for a family member, while protecting your organization with consistent notice, documentation, pay, and anti-retaliation rules. There is no single nationwide sick leave law that requires one uniform policy for all US employers, but many states and cities do require paid sick leave with specific accrual, usage, and record-keeping standards, and employers often choose one US-wide policy that meets or exceeds those overlapping requirements.
The History Behind Sick Leave Policies in the US
Sick leave became a mainstream workplace policy in the US because employers needed to handle absences for illness consistently, without inviting discrimination claims or wage disputes. It became a practical companion to Paid Time Off (PTO) as employers moved away from informal, manager-by-manager decisions. Early sick leave practices were mostly voluntary and uneven, with unions negotiating paid sick time in many industries while other workers relied on unpaid time off or ad hoc pay practices.
Federal law pushed sick leave into the compliance conversation, even when it didn't require paid time. The Family and Medical Leave Act of 1993 (FMLA) normalized job-protected leave for serious health conditions, and the Americans with Disabilities Act of 1990 forced employers to treat some medical leave as a reasonable accommodation. Courts reinforced that pressure, including the Supreme Court's 2002 decision in US Airways, Inc. v. Barnett, which treated seniority systems as important but still left room for accommodation analysis, and the Court's 2015 decision in Young v. United Parcel Service, which strengthened pregnancy accommodation claims and made "we do not do exceptions" policies riskier in practice.
Paid sick leave requirements then arrived through state and local laws, starting with San Francisco's 2006 Paid Sick Leave Ordinance and spreading quickly after Connecticut passed the first statewide paid sick leave law in 2011. The COVID era accelerated the trend, including the federal Families First Coronavirus Response Act in 2020, which temporarily required paid sick leave for many employers and made public health leave a board-level topic overnight. Employers responded by standardizing accrual, carryover, documentation, and anti-retaliation rules.
Which Law is the Sick Leave Policy Meant to Comply With?
There's no federal law that specifically requires a Sick Leave policy for US-based employees. We include this policy anyway because it's (1) a common best practice that answers employee FAQs and sets clear expectations; (2) a topic that is regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements; or (3) both.
How to Write a Sick Leave Policy for US Employees
- Start with "why" and introduce the concept.
- Define who is eligible for paid sick leave.
- Explain how sick leave is earned and any caps on accrual.
- List the permitted reasons employees can use sick leave.
- Define which family relationships are covered for family care leave.
- Describe how employees request sick leave and give notice.
- State when documentation may be required.
- Explain when employees can start using sick leave and how it can be taken.
- Describe how sick leave is paid and how it interacts with other pay calculations.
- Address what happens to unused sick leave when employment ends.
- Include a non-retaliation commitment and clarify employees do not need to find shift coverage.
When to Include this Policy in Your Employee Handbook
The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.
This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. Many employers roll sick time into a single Paid Time Off (PTO) policy; if you do you can skip a standalone Sick Time policy.
Other Considerations
The law applies to US employers who have at least 1 employee in the US.
Exceptions
None.
Model Policy Template for a Sick Leave Policy
Sick Leave
We want you and all {{employee}} to stay as healthy as possible. If you become sick or injured, need to attend medical appointments, or you need to care for a family member during work time, our sick leave policy helps ensure things run smoothly while you focus on recovery.
All full-time, regular {{employees}} are eligible for paid sick leave, which begins accruing on your first day of employment.
One hour of paid sick leave is accrued for every 30 hours worked, up to a maximum of 40 hours per year. Exempt {{employees}} are assumed to work 40 hours per week for accrual purposes, unless their normal workweek is fewer than 40 hours.
Reasons for Leave
Paid sick leave 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.
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
If you need to take unplanned sick leave, you should contact your {{manager}} before your scheduled work time. To otherwise take leave under this policy, contact {{the HR Team}}. So we can best prepare for your absence, please provide as much notice as possible and schedule leave in a way that minimizes business disruptions.
If you take more than three consecutive workdays of paid sick leave, we may require reasonable documentation (e.g., a note from a healthcare provider).
Usage and Payment
You may begin 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 must earn sick time before you can use it. If you become sick and have no sick leave available, you may be allowed to take unpaid time off.
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.
If your employment here ends, you may or may not be paid for the unused sick time you've accrued according to state or local laws. Please check with {{the HR Team}} for details.
Enforcement and Retaliation
We will not retaliate against anyone who requests or uses paid sick leave under this policy, and we will not require you to find a replacement worker to cover your shift when using paid sick leave.
For questions or to request paid sick leave, contact {{the HR Team}}.
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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.