What Do Labor Laws Say About Sick Time?

The FLSA does not require paid sick leave.

According to the Federal Labor Standards Act, businesses do not have to pay its employees for sick leave time off. States are free to enact laws requiring payment of sick leave to employees, but at a minimum they must follow federal law. Since laws may frequently change, you should also seek an attorney's advice licensed to practice in your jurisdiction.

Identification

The FLSA applies to employers who produce goods or services for use in interstate commerce and whose profits are in excess of $500,000 per year. Each state administers its own labor regulations based upon federal law. If the state does not require additional benefits, then the employee and employer may negotiate its own supplemental benefits.

Benefits

Federal law does not mandate state employers to pay their workers for sick time off. However, the Family Medical Leave Act requires employees who have paid sick leave through their employers to be allowed to use the paid sick time for the prescribed regulations of care for eligible dependents, limited to 12 weeks per year.

Considerations

If the employer's paid leave policy does not cover the full 12 weeks the employee is allowed to take off for FMLA-related medical reasons, then the employer must allow the employee to use unpaid leave for the remaining portion.

References

• U.S. Department of Labor: Employment Law Guide

Resources

• U.S. Department of Labor: FAQs (Wages & Work Hours)