Paid Sick Leave for Caregivers: What Agencies Need to Know
No federal paid sick leave law, but many states require it for hourly caregivers. Typical accrual is 1 hour per 30 worked with a 40 to 56 hour cap. State table inside.
By Caregiver Scheduling Team ·
There is no federal paid sick leave requirement for private employers. The U.S. Department of Labor states that there are currently no federal legal requirements for paid sick leave. But a growing list of states and cities require it, and nearly all of those laws cover part-time and hourly caregivers. The most common model is 1 hour of paid leave for every 30 hours worked, with an annual cap of 40 to 56 hours. Check your state and every city or county where caregivers work, because local laws can be more generous.
Which states require paid sick leave?
As of October 2026, more than a dozen states plus the District of Columbia require it, and the number grows most years. The table shows five large states with the rules verified on their labor department pages.
| State | Accrual | Annual amount | Notes |
|---|---|---|---|
| California | 1 hour per 30 worked | Use at least 40 hours or 5 days a year (since January 1, 2024) | Carryover may be capped at 80 hours or 10 days; 90-day wait before use |
| New York | 1 hour per 30 worked | 56 hours paid for 100 or more employees; 40 hours paid for 5 to 99 | Employers with 4 or fewer owe 40 hours, paid only if net income is over $1 million |
| Minnesota | 1 hour per 30 worked | Up to 48 hours earned a year | Covers anyone expected to work at least 80 hours a year |
| Washington | 1 hour per 40 worked | No annual cap on accrual | Usable after 90 calendar days; carry over up to 40 hours |
| Illinois | 1 hour per 40 worked | Up to 40 hours a year | Paid Leave for All Workers Act; usable for any reason |
Arizona, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Nebraska, New Jersey, Oregon, Vermont and others have their own versions, and cities such as Seattle, Chicago and New York City layer on local rules. Several of these laws were new or expanded in 2025, so a policy written two years ago may already be out of date.
Do part-time and per-diem caregivers qualify?
Almost always yes. These laws attach to hours worked, not to full-time status. A caregiver who works 12 hours a week in California accrues 24 minutes of sick leave that week. Minnesota’s threshold is simply being expected to work 80 hours in a year. If you rely on many occasional caregivers, each of them is probably covered.
What counts as “hours worked” for accrual?
Every hour you pay for, including the ones you do not bill. Visit time, travel time between clients, required training and staff meetings all count. Overtime hours count too. This is one more reason the hours on your timesheets have to match the hours caregivers actually worked.
How does paid sick leave affect your attendance policy?
You cannot count protected sick leave against a caregiver. Most state laws prohibit retaliation, and treating a lawful sick day as an occurrence under a points system is retaliation. Update your call-out policy so it separates three things: protected leave, excused absences under your own policy, and unexcused no-shows.
Documentation rules are also narrower than many owners expect. Washington, for example, lets employers require verification only for absences exceeding three days, and only with a written policy. Asking for a doctor’s note after a single sick day is illegal in several states.
What does paid sick leave cost an agency?
Roughly 2% to 3% of wages at the common accrual rates, before the cost of covering the shift. At 1 hour per 30 worked, a caregiver earns 3.3% of hours as leave, capped by the annual limit. At 1 hour per 40, it is 2.5%. For a caregiver who works 1,200 hours a year at $17 an hour and uses all 40 hours, the leave itself costs $680. Build it into your payroll burden and your bill rate.
The larger cost is operational. A sick day becomes an open shift to fill, often with overtime. Agencies with a bench of part-time caregivers near each client cluster absorb this far more cheaply. See how to fill open shifts.
What should be in your written policy?
- Accrual rate, cap and carryover, matching the strictest law that applies to you.
- When new hires can start using leave.
- How a caregiver gives notice, including for same-day illness.
- What documentation you ask for, and after how many days.
- How the balance appears on the pay stub, which several states require.
- A statement that the agency will not retaliate.
Put the annual policy review on your compliance calendar.
How Caregiver Scheduling handles this
GPS-verified check-ins record the hours actually worked at each visit, and timesheets built from them, with payroll export, are coming soon. When a caregiver calls out sick, the visit becomes an open shift on the map and you can offer it to qualified caregivers nearby. $199/month for up to 10 caregivers or $299/month for up to 50, free for 30 days.
FAQ
Do part-time caregivers get paid sick leave? Yes, in nearly every state and city with a law. Accrual is based on hours worked, not on full-time status.
Can I require a doctor’s note? Usually only after several consecutive days, and only if your written policy says so. Check your state’s rule before asking.
Can I front-load the hours instead of tracking accrual? Most states allow it if you give the full annual amount at the start of the year. California spells out the minimums new hires must have by day 120 and day 200.
Do I have to pay out unused sick leave when a caregiver leaves? Generally no, unless your policy combines sick leave with vacation into a single PTO bank, which some states treat as earned wages.
This article is general information, not legal advice. Check your state’s and city’s rules.