Optional Additional Paid Sick Leave

Employers are free to provide more generous policies than what must be provided under the Healthy Workplaces, Healthy Families Act. As long as you meet the requirements of the mandatory law, you can provide additional time off to employees for use when ill or injured. For instance, some employers might choose to provide a lump sum of three days or 24 hours of mandatory PSL and then have a separate amount of employer provided sick leave or PTO.

You determine the amount of additional sick days an employee can use. You should also consider kin care obligations. For more information, see Kin Care.

You are not required to pay out accrued sick leave at the time of termination. With PTO, on the other hand, all accrued and unused hours must be paid out at termination. If you combine sick leave and vacation into a PTO plan, you will be required to pay out when the employee leaves. For more information, see Paid Time Off (PTO).

If you have any requirements to take PSL before taking unpaid leave, be sure to list all types of absences this policy covers.

Track sick leave to make sure you are not paying employees for time off that they do not have available.

  • Although there is no requirement to continue to pay employees who have exhausted accrued PSL or PTO, employers may have continuing obligations under other leave laws or an obligation to reasonably accommodate the employee under the Americans with Disabilities Act (ADA).