Sick Leave laws & HR compliance analysis

Sick Leave: What you need to know

There is no federal law requiring private employers to provide employees with paid sick leave—a short-term salary-continuation program for employees absent because of a non-job-related illness or injury—but most employers do provide it as an important employee benefit. Additionally, a growing number of states are considering and adopting state sick leave laws.
When adopting a sick leave policy, employers must be sure that it fully complies with federal or state family and medical leave laws, the Americans with Disabilities Act (ADA), and any other applicable laws.
There are many alternatives to standard sick leave policies, including flexible leave policies, leave donation programs, and paid-time-off banks.
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Federal contractors are subject to differing requirements, including sick leave entitlements Specifically, pursuant to Executive Order (EO) 13706, employees performing work on covered federal contracts and subcontracts are entitled to at least 1 hour of paid sick leave for every 30 hours worked, up to a maximum accrual of 56 hours of earned paid sick leave per year.
For additional guidance on federal contractors and EO 13706, visit the Department of Labor’s resource guide for federal contractors.
Though sick leave is not required by federal law, administration of sick leave policies may be affected by the requirements of other established federal laws.
The federal Family and Medical Leave Act (FMLA), requires employers to provide up to 12 weeks of unpaid leave to eligible employees for a variety of reasons related to family and medical care.
Generally, leave taken under the federal FMLA is unpaid. However, employees may ...

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