Under the law, one hour of paid sick leave will be earned for every 30 hours worked. After 90 days of employment, employees may utilize their accrued time off for care of themselves or a sick family member with a rate of pay reflecting their hourly wage. Earned paid sick leave can roll over to the following year, yet may be capped by employers at three days per year.
In the case where an employee vacates their position, only to be rehired within one year, all previously unused sick leave must be returned to the employee. If an employee in the 90 days of employment before use of their accrued sick leave had a different hourly pay rate, was paid by commission or was a nonexempt salaried employee, then the rate of pay must be calculated by dividing the employee’s total wages – not including overtime premium pay – by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. Finally, there will be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use earned sick days, discharges, demotes, suspends or in any other way discriminates against an employee within 30 days of the employee taking the leave.