Paid Sick Leave Policy template
A paid sick leave policy is the written statement of how employees earn and use paid time off when they are sick or need medical care — how sick time accrues or is granted up front, what it can be used for, how to request it, and what happens to unused hours. In the US there is no general federal paid-sick-leave law, so this one document does two jobs: it defines the benefit where no law requires one, and it carries the compliance load in the growing list of states and cities that mandate paid sick leave.
Unwritten sick leave fails in both directions at once. Employees who do not know what they are entitled to come to work ill — and hand the bug to the rest of the team — while managers improvise different answers for different people, which is how a health benefit turns into a fairness complaint. And for any employer with people in more than one state, the patchwork of state and city mandates makes the ad-hoc approach a compliance problem, not just a culture one.
This template gives you the complete policy: who is covered, how sick time is earned (with accrual and up-front placeholders you set), what the time can be used for, the request procedure, carryover, the state-compliance section a single-state policy quietly lacks, and the anti-retaliation commitment every sick-leave law expects to see in writing.
Full text, ready to adapt.
Highlighted fields are placeholders — replace them with your organization's specifics. A starting point, not legal advice.
Paid Sick Leave Policy
Policy · HR & People
1. Purpose and scope
This policy explains how paid sick leave works at {{org.name}}: how sick time is earned, what it can be used for, how to request it, and what happens to unused balances. It applies to [all employees, including part-time and temporary staff / describe covered groups] — note that state sick-leave laws typically cover part-time and temporary employees, so narrow eligibility only where the law where you operate allows it.
Where a state or local law provides more than this policy, the law wins: employees receive the most generous provision that applies to their work location. The state and local compliance section below explains how {{org.name}} manages that.
2. How sick time is earned
Choose one of the two structures below and delete the other. Both are common, and state laws generally allow either — as long as the totals meet the mandate where each employee works.
- Accrual: employees earn [number] hour(s) of paid sick leave for every [number] hours worked, starting [on the first day of employment], up to [number] hours per year. [State laws set minimum accrual rates and may limit any waiting period before use — take the figures from your state labor department.]
- Up-front grant: employees receive [number] hours of paid sick leave at the start of each [calendar year / benefit year], available immediately, prorated [method] for mid-year starters. [Frontloading can simplify or remove carryover obligations in some states — confirm before relying on that.]
- Sick time is paid at [the employee's regular rate of pay / describe the calculation for commission, piece-rate, and variable-hour staff — several state laws prescribe how the rate must be worked out].
- Current balances appear in [payroll system / on pay stubs] — some states require the available balance to be shown on or with each pay statement.
3. What sick leave can be used for
Employees may use sick leave for the purposes below. State laws set the minimum list, and several go further — where the law where an employee works covers more reasons or more family members than this policy, the law applies.
- The employee's own illness, injury, or health condition — including diagnosis, treatment, recovery, and preventive care such as medical, dental, and optical appointments.
- Caring for a family member with any of the above. Family means [spouse or domestic partner; child; parent; sibling; grandparent; grandchild; a member of the employee's household] — state laws define family for sick-leave purposes, often broadly, so use at least your state's definition.
- Safe time: absences arising from domestic violence, sexual assault, or stalking affecting the employee [or a family member] — such as medical care, counseling, relocation, or legal proceedings. Many state sick-leave laws include these reasons, and the federal contractor rules do too.
- [Closure of the workplace, or of the employee's child's school or place of care, by order of a public official during a public-health emergency — include where your state's law covers it.]
- Sick leave is for the purposes above — it is not extra vacation. Patterns that suggest misuse are handled through [the attendance policy], but never by blocking or punishing legitimate protected use.
4. Requesting and using sick leave
- 1For unforeseeable illness, tell [your manager / the duty manager] via [phone/system] as soon as practical — state laws limit how much notice an employer can demand when the need could not be foreseen.
- 2For foreseeable appointments and planned treatment, request the time in advance through [system], and try to schedule where work disruption is lowest — try, not must.
- 3Sick leave may be used in increments of [number] hour(s) — several state laws cap the minimum increment an employer may impose, so set this from your state's rules.
- 4Documentation: {{org.name}} does not ask for documentation for absences of [number] consecutive days or fewer. For longer absences, [acceptable documentation, e.g. a provider's note confirming the absence]. A diagnosis is never required. Several state laws restrict when documentation can be demanded — set this threshold from the law where you operate, not from habit.
- 5Record the absence against sick leave in [system] on your return, or ask your manager to record it for you.
5. Carryover, caps, and leaving the company
- Unused sick leave carries over to the next year up to [number] hours. [Total accrual may be capped at [number] hours, and use may be capped at [number] hours per year — state laws set minimums for all three figures, so fill them from your state, not another template.]
- {{org.name}} [does / does not] pay out unused sick leave when employment ends. Many state sick-leave laws do not require payout on separation — sick time is commonly treated differently from vacation — but a combined PTO bank can change the answer, so confirm with your state before finalizing this clause.
- [Some states require unused balances to be reinstated if an employee is rehired within a set period — check your state's rule and state yours here.]
6. State and local compliance
{{org.name}} complies with the paid-sick-leave law of every state and locality where it has employees, and where a mandate exceeds this policy, the mandate applies. States that currently require paid sick leave include California, New York, Washington, and Colorado; Illinois requires paid leave usable for any reason, sickness included; and a growing number of cities and counties layer local ordinances on top. Each law has its own accrual rate, caps, covered-employer thresholds, family definitions, notice rules, and documentation limits — this policy deliberately quotes none of them.
[HR/name/role] keeps a compliance note for every work location — including remote employees' home states — recording the applicable law, the figures that fill this policy's brackets, and any required postings and employee notices, and refreshes it [annually] and whenever a state labor department announces changes. The bracketed numbers in this policy are always set from those official sources, never copied from another state or another year.
7. No retaliation
No one at {{org.name}} will be disciplined, demoted, denied hours or shifts, or otherwise treated adversely for requesting or using sick leave under this policy or under any applicable law. State sick-leave laws prohibit retaliation — and this policy applies the same rule in every state, mandate or not. Sick leave used for a protected purpose never counts as an occurrence under [the attendance policy].
An employee who believes they have been retaliated against should report it to [HR/name], or through any channel in [the employee complaint policy]. Reports are investigated promptly, and employees always retain the right to complain to their state labor department.
8. Interaction with other leave and benefits
- Vacation and PTO: sick leave at {{org.name}} is [a separate bank / part of a combined PTO bank]. If combined, the bank must satisfy the sick-leave law's rules on accrual, permitted uses, carryover, and documentation for the sick portion — see [the PTO policy].
- Extended illness: absences that outlast sick balances may qualify for unpaid, job-protected leave under the FMLA where it applies, for [short-term disability benefits], or for a state paid family and medical leave program — see [the FMLA and family leave policy] and route these to [HR/name] early.
- Disability: where a condition is also a disability, the ADA may require leave or schedule changes as a reasonable accommodation beyond anything in this policy — exhausted sick balances do not end that conversation.
- Work-related injury or illness is handled under workers' compensation; time off after a death is covered by [the bereavement leave policy].
9. Records and review
Sick-leave accruals, use, and balances are recorded in [payroll system] and retained for [period] — several state laws set minimum retention periods for sick-leave records. This policy is reviewed [frequency, e.g. annually], and immediately whenever a state or locality where {{org.name}} operates changes its rules. Owner: [name/role]. Next review due: [date].
How to adapt this template.
List every state and city where you have employees — remote hires included — and pull the current sick-leave rules from each labor department before touching a single bracket.
Choose accrual or the up-front grant, then fill the rate, caps, and carryover from the strictest law that applies — one compliant tier for everyone is far easier to run than a policy per state.
Set the documentation threshold and check it against every applicable law — this is the clause employers most often write illegally.
Align the attendance policy so protected sick-leave use can never generate points, occurrences, or discipline.
Configure payroll to accrue, cap, and display balances exactly as the policy promises, and post any notices your states require.
Publish the policy in the handbook, cover it at onboarding, and diarize the review — sick-leave laws change most years.
Turn this template into trained, proven behavior
A policy in a drawer proves nothing. In TrainedTeam this template becomes assigned training with knowledge checks, e-signature acknowledgments, version history, and an audit-ready record of who completed what, when.
Paid Sick Leave Policy template FAQs
Is there a federal paid sick leave law in the US?
No — there is no general federal requirement for private employers to provide paid sick leave, per the Department of Labor. The FMLA provides unpaid, job-protected leave where it applies, and Executive Order 13706 requires paid sick leave only for employees working on covered federal contracts. For everyone else, the mandates are state and local.
Which states require paid sick leave?
A substantial and growing list. California, New York, Washington, and Colorado all mandate paid sick leave; Illinois requires paid leave usable for any reason, which covers sickness; and many other states and dozens of cities have laws of their own. The list and the details change most years — check the labor department of every state where you employ people rather than relying on any static list, including this one.
Can we use one combined PTO bank instead of separate sick leave?
Usually, yes — most state sick-leave laws accept a combined bank as long as it satisfies the law's rules for the sick portion: accrual rate, permitted uses, carryover, and the limits on documentation demands. The catch is that those rules then reach the whole bank in practice, which is why some multi-state employers keep sick leave separate. Decide with your states' rules in front of you.
Can we require a doctor's note for sick leave?
Sometimes, within limits. Several state sick-leave laws restrict when documentation can be required — often only after a set number of consecutive days — and none of them entitle you to a diagnosis. Set your threshold as a placeholder, fill it from the strictest law where you operate, and apply it uniformly; a note demanded from one employee but not another is how a paperwork rule becomes a discrimination complaint.
Do we have to pay out unused sick leave when an employee leaves?
Often not — many state sick-leave laws treat sick time differently from vacation and do not require payout on separation. But a combined PTO bank can pull sick hours into vacation-payout rules in some states, and some laws require reinstating unused balances when an employee is rehired within a set period. Check your state before the policy promises anything either way.
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