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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For information on sick leave requirements for federal contractors, see the Government Contractors topical analysis.
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 be eligible to receive money or pay while they are on FMLA leave by substituting paid vacation, sick, personal, or other paid leave time for unpaid FMLA leave time.
Concurrent use of sick leave during FMLA leave. The FMLA regulations require that if an employee chooses to substitute accrued paid leave for FMLA leave, he or she may do so. If an employee does not choose to substitute ...

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