Manika 
(C): Unsplash
Paid sick leave remains one of the most misunderstood areas of employment law in the United States. Some workers think they will be paid for sick days no matter where they work, while others think that if they ask for time off for health reasons, their employer can refuse and there is nothing they can do about it.
The Legal Reality Is Somewhere In Between
Unlike many developed economies, the United States currently has no federal law mandating paid sick leave for private employers. But state laws, city ordinances, employment contracts and federal leave protections often impose obligations for employers to adhere to. Paid sick leave is not mandated under federal law.
The National Primary Wage Law Is The Fair Labour Standards Act Or FLSA
The FLSA sets minimum wage standards, overtime pay and work hours, but does not require employers to pay workers for hours not worked, including absences due to illness. That means employers in states without mandatory paid sick leave laws can legally decide not to offer paid sick days to employees.
That means access to paid sick leave often heavily depends on geography, industry and company policy.
Large companies often provide paid time off benefits to be competitive in recruiting talent, while small businesses may not have the ability to provide paid sick leave at all or may only offer limited paid sick time.
Additional Protections Are Often Provided By State And Local Governments
Paid sick leave isn’t mandated by federal law, but many states and cities have their own requirements. Many states, such as California and New York, have state laws requiring paid sick leave for certain employees.
For example, in California, employees accrue paid sick leave at a rate of one hour for every 30 hours worked, with some caveats depending on employer size and municipal ordinances. Similar systems exist in several other jurisdictions across the country.
Such regulations vary widely from state to state and municipality to municipality, so an employer with multiple sites might find himself juggling a number of different leave policies at one time.
Company Policies May Create Legal Obligations
Even if state law does not require paid sick leave, employers may be legally bound by promises made in employee handbooks, contracts or collective bargaining agreements.
If it’s company policy that employees get a certain number of paid sick days off each year, and it’s not being provided for good cause, then it could be a breach of contract or otherwise violate state employment laws.
When there are disputes about leave entitlements, courts often look at the language used in employee handbooks and written contracts. Consequently, assurances given by employers in relation to leave policies may have major legal consequences.
Family And Medical Leave Act Provides Important Protections
It does not establish a paid sick leave program, but instead provides for unpaid, job-protected leave for qualifying medical and family situations. Eligible employees may take up to 12 weeks of leave each year for a serious health condition, for the care of an immediate family member, or for certain childbirth and adoption situations. During this time, the employer usually has to keep the employee’s job or give the employee an equivalent job when they return.
FMLA leave does not cover wage replacement, but it does give important job security for serious medical situations.
FMLA Eligibility Rules Are Stringent
Not all workers receive FMLA protections. To be eligible, you generally must have worked for the same employer for 12 months and completed at least 1,250 working hours in the 12 months before your leave.
In addition, the employer must generally employ at least 50 employees within 75 miles of the employee’s work site.
No matter how many people work for them, government agencies and public schools have their own provisions. Workers who do not meet any of these requirements may not be covered by federal leave, but state laws may provide additional rights.
It’s Illegal To Take Revenge For Protected Leave
One of the strongest parts of federal leave law is retaliation protections. In general, an employer is prohibited from firing, punishing, demoting, or disciplining employees for using legally protected leave rights.
An employee’s taking of leave under FMLA, or leave under a state paid sick leave law, may be the basis for adverse employment actions that violate federal or state law. Courts and labour agencies routinely investigate claims of retaliation or interference with protected leave rights.
Employers Can Ask For Medical Documentation
An employer is not necessarily obligated to approve every request for absence without checking it out.
Certain companies ask for medical certification or a doctor’s note after a specific number of days missed, especially if the absence is prolonged. State laws often dictate how fast documentation may be requested and what information employers are legally allowed to ask for.
FMLA leave requests often require formal certification procedures performed by healthcare providers before granting approval. Such documentation requirements help employers balance legitimate business needs with employee protection.
Sick Leave That Is Not Used Usually Does Not Have To Be Paid Out
A frequent misconception is that unused sick leave is paid for when employment ends. Employers are not required under federal law to pay for unused sick leave balances when employees leave the company, either by resignation, retirement or termination.
Sick leave: Unlike vacation pay, which is treated as earned wages in some states, sick leave varies widely by state. Whether unused leave is paid out is often entirely dependent upon company policy or state law.
What Employees Can Do If Leave Is Wrongfully Denied
Workers might have several options if an employer refuses to give them leave required by state law or company policy. The first step is generally to review the employment contracts, handbooks and internal leave procedures to ensure that eligibility requirements were met.
If violations are not corrected, complaints can often be filed with state labour agencies or wage enforcement offices. FMLA disputes also can be reported to the U.S. Department of Labour Wage and Hour Division, which investigates alleged violations and employer retaliation claims.
Wrongful termination or repeated denial of legally protected leave is also a place where employment lawyers can get involved.
The Future Of Paid Sick Leave In The U.S.
Discussion continues to evolve in the United States regarding paid sick leave. The growing public support for stronger worker protections has led an increasing number of states and local governments to enact paid leave mandates in recent years.
Meanwhile, employers continue to balance the cost of operations with employee well-being and retention. Until there is a nationwide standard, the answer to whether an employer can deny paid sick leave will continue to vary greatly depending on where you live, the company’s policy and the particular protections offered under federal and state law.
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