Day Off

Author: Nehal Nabil

  • North Carolina Leave Laws And Holidays

    North Carolina Leave Laws And Holidays

    Understanding your rights under North Carolina Leave Laws is important for both employees and employers. Whether it’s about vacation time, sick leave, or other absences, knowing the rules can help you avoid confusion and make better decisions. This guide explains the basics of PTO in North Carolina leave laws, how vacation time is earned, the rules around sick leave, and what to expect for jury duty, military service, and more. We’ll also highlight how tools like the Day Off app can help you manage and track your time off more effectively. By the end, you’ll have a clear picture of how PTO works in North Carolina and what you need to know under state and federal laws.

    Paid Time Off (PTO) in North Carolina

    Vacation Leave Quota

    In North Carolina, there is no legal requirement for employers to provide vacation days, whether paid or unpaid. However, it is common practice in the private sector for employees to receive about 10 days of paid vacation after completing one year of service. The specifics of paid time off (PTO) can vary based on factors like industry, location, and the employee’s tenure with the company.

    If employers choose to offer vacation leave, they must ensure it aligns with state law, company policy, and any employment contracts.

    Accrual

    While North Carolina does not mandate an accrual system for vacation days, many companies opt to implement one. Employers can design their own systems for accruing vacation time, whether it be daily, weekly, semi-monthly, or monthly increments, typically based on the pay period. Although North Carolina does not have a mandatory payday requirement, pay periods can range from daily to monthly. Employers may also set a cap on the amount of vacation time employees can accumulate, but employees must be informed of such policies in writing.

    Roll Over (Carry Over, Brought Forward)

    North Carolina allows “use-it-or-lose-it” vacation policies. These policies require employees to forfeit unused vacation time after a specified period, such as the end of the year. For such policies to be valid, employees must be informed in writing. If they are not notified, they cannot lose accrued vacation time.

    Statutory Provisions Addressing Vacation Pay

    While employers are not required to offer vacation pay, those who do must adhere to the terms outlined in their vacation policy. This policy should cover how vacation is earned or accrued, the possibility of rolling over unused vacation time, the conditions under which vacation leave must be taken, and the circumstances under which employees might lose their vacation pay upon termination. It should also specify whether vacation pay can be substituted for time off.

    Payment of Accrued, Unused Vacation on Termination

    Whether an employee is entitled to payment for accrued, unused vacation upon termination depends on the employer’s policy or employment contract. Employers can establish policies that deny payment of accumulated vacation time under certain conditions, such as failing to provide a two-week notice or not being employed on a specific date. However, these conditions must be clearly communicated to employees in advance. If the company policy or contract specifies that vacation pay will be paid upon termination, the employer is obligated to do so. If no such policy exists, the employer must still pay out any accrued vacation time to the departing employee.

    Sick Leave in North Carolina

    Federal Law – Leave Quota

    Federal law mandates 12 weeks of unpaid, job-protected sick leave under the Family and Medical Leave Act (FMLA), which applies to North Carolina as it does in other states. To qualify for FMLA benefits, employees must have been employed for at least 12 months and have worked at least 1,250 hours in the previous year. They must also work at a location where the company employs at least 50 people within a 75-mile radius. The FMLA allows eligible employees to take up to 12 weeks off for personal medical reasons, to care for a close family member with a serious illness, or for maternity or paternity leave. Employers may offer additional sick leave benefits beyond the federal requirements.

    North Carolina State Laws

    There are no additional state laws in North Carolina that require employers to provide paid or unpaid sick leave beyond the federal FMLA requirements. However, if an employer decides to offer sick leave benefits, they must adhere to the terms outlined in the employment contract or employee handbook, which could create a legal obligation to provide such benefits.

    Payout
    Sick leave in North Carolina is unpaid.

    Maternity, Paternity, FMLA in North Carolina

    Federal Law

    Under the FMLA, eligible employees are entitled to 12 weeks of unpaid, job-protected leave for maternity or paternity reasons. The Pregnancy Discrimination Act (PDA) further protects pregnant employees from discrimination in all areas of employment, including hiring, firing, pay, job assignments, promotions, and leave.

    Additional State Laws in North Carolina

    North Carolina does not have additional laws regarding maternity or paternity leave beyond what is provided by the FMLA and PDA. The state does, however, allow parents or guardians up to four hours of unpaid leave under the Small Necessities Law (also known as Parental Involvement Leave) to attend their child’s school-related activities.

    Payout
    Maternity and paternity leave in North Carolina are unpaid.

    Bereavement Leave in North Carolina (Funeral Leave)

    North Carolina does not require employers to provide bereavement leave, whether paid or unpaid. However, many employers offer at least two days of leave for this purpose. If an employer provides bereavement leave, they must follow their established bereavement policy.

    Payout
    Bereavement leave in North Carolina is typically unpaid.

    Jury Duty Leave in North Carolina

    Employers in North Carolina must provide unpaid time off for employees who are summoned for jury duty. Employees must inform their employers within a reasonable period of time after receiving a jury summons to be granted leave. Employers are prohibited from firing, threatening, penalizing, or punishing employees for fulfilling their jury duty obligations.

    Payout
    Employers are not required to pay employees for time spent on jury duty. However, some employers choose to compensate their employees for this civic duty. Jurors in North Carolina receive $12.00 per day from the court, although this amount is considered minimal.

    Military Leave in North Carolina

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all U.S. employers. It protects employees who are called to active duty, including those in the U.S. Armed Forces, Reserves, and National Guard. USERRA provides reinstatement rights, protection from discrimination, and up to five years of unpaid leave for military service. It also ensures that employees can continue their group health care benefits for up to 24 months during their leave.

    North Carolina State Law

    In addition to USERRA, North Carolina provides unpaid leave to members of the National Guard activated by the state governor. Employers must reinstate employees returning from active duty to their former job or a similar one with equivalent seniority, status, and salary. For active duty lasting less than 30 days, employees must apply to return to work within five days. For longer service, they must apply within 14 days.

    Payout
    Military leave in North Carolina is generally unpaid. Employers are not required to provide paid leave for military service, but USERRA requires that military leave be treated comparably to other types of leave.

    Voting Leave in North Carolina

    North Carolina does not have a law requiring employers to provide time off for voting. If an employer chooses to allow employees time to vote, they may decide whether or not to compensate them for it.

    Payout
    Voting leave is unpaid in North Carolina.

    North Carolina State Holidays for 2024

    North Carolina law does not require private employers to provide paid or unpaid leave for holidays. However, most employers offer at least seven paid holidays. There is no legal obligation for employers to offer holiday pay, and employees are not entitled to premium pay for working on holidays unless eligible for overtime pay.

    North Carolina officially observes 12 state holidays.

  • New York Leave Laws And Holidays

    New York Leave Laws And Holidays

    Understanding Paid Time Off (PTO) and New York leave laws is important for both employers and employees. Whether you’re planning your time off or managing a team, knowing your rights and responsibilities can make a big difference. This guide, brought to you by Day Off, breaks down New York Leave Laws, covering key areas like vacation leave, sick leave, and maternity or paternity leave. It also explains how accrual systems work and what protections are in place under federal and state laws. Whether you’re looking to create fair policies or just want to know what you’re entitled to, this guide gives you the essential information you need about PTO and leave in New York.

    Paid Time Off (PTO) in New York

    Vacation Leave Quota

    In New York leave laws, state law does not obligate employers to offer vacation leave, whether paid or unpaid. Private employers have the discretion to establish their own policies regarding vacation leave. While there is no legal requirement, it is common practice for many employers to provide vacation time as part of their benefits package. Typically, employees in the U.S. receive around 10 paid days off annually after completing a year of service, though this amount can vary based on the industry, location, and employee tenure.

    If an employer does decide to offer vacation leave, it must align with state regulations, the company’s established policies, and any employment contracts in place.

    Accrual

    There is no legal mandate in New York requiring employers to use an accrual system for vacation time. However, many companies choose to implement such a system, often tied to the pay period. Employers can design their vacation accrual policies, which may include weekly, biweekly, semimonthly, or monthly increments.

    In New York leave laws, the official payroll frequencies are weekly and semimonthly, meaning employers must pay most hourly employees on these schedules. Employers are allowed to set limits on the amount of vacation time an employee can accrue, provided they inform the employees of this policy in advance.

    Roll Over (Carry Over, Brought Forward)

    Employers in New York are permitted to implement a “Use-It-or-Lose-It” policy, which prevents employees from carrying over unused vacation time from one year to the next. This policy is legal as long as employees are informed of it beforehand, leading to the loss of untaken vacation time.

    Statutory Provisions Addressing Vacation Pay

    When offering paid vacation, employers must adhere to their own policies or the terms outlined in the employment contract.

    Payment of Accrued, Unused Vacation on Termination

    The rules surrounding the payment of accrued, unused vacation upon termination of employment are governed by the employer’s policy or the employment contract. New York law has not definitively stated whether employers can enforce a policy that causes employees to forfeit accrued vacation time upon termination. Therefore:

    • Employers must pay out any accrued vacation if their policy or contract requires it.
    • If the policy or contract is silent on this issue, employers are still generally expected to pay out unused vacation time.
    • Employers can create policies that deny payment for unused vacation upon termination, but these policies must be clearly communicated to employees in advance.

    Sick Leave in New York

    Federal Laws – Leave Quota

    Under the federal Family and Medical Leave Act (FMLA), employees in New York are entitled to 12 weeks of unpaid, job-protected sick leave. To qualify for FMLA benefits, employees must have worked for their employer for at least 12 months (or 1,250 hours over the past year) and be employed at a location with at least 50 employees within a 75-mile radius.

    The FMLA covers various situations, including:

    • Personal illness or injury.
    • Caring for a close family member with a serious health condition.
    • Maternity or paternity leave.

    Employers may offer more generous sick leave benefits beyond the federal requirements.

    New York State Laws

    All private employers in New York must provide sick leave, but whether this leave is paid or unpaid depends on the size of the employer and their net income. The specifics are as follows:

    • Employers with 0-4 employees and an annual net income of $1 million or less: Up to 40 hours of unpaid sick leave.
    • Employers with 0-4 employees and an annual net income over $1 million: Up to 40 hours of paid sick leave.
    • Employers with 5-99 employees: Up to 40 hours of paid sick leave.
    • Employers with 100+ employees: Up to 56 hours of paid sick leave per calendar year.

    Employees accrue sick leave at a rate of 1 hour per 30 hours worked, with accrual beginning immediately upon hire. Employees can roll over unused sick leave from one year to the next.

    Sick leave can be used for various reasons, including:

    • The employee’s own physical or mental illness, injury, or health issue.
    • Care for a sick family member.
    • Issues related to domestic violence, family offenses, sexual offenses, stalking, or human trafficking.

    Employees must be paid their regular rate for any paid sick leave taken, but employers are not required to pay out unused sick leave upon termination.

    Paid Sick Leave in Westchester County

    In Westchester County, employers with five or more employees must provide paid sick leave (unpaid if fewer than five employees). All employees working over 80 hours annually in the county are entitled to sick leave. Employees accrue 1 hour for every 30 hours worked, with a maximum accrual and usage of 40 hours per year. Sick leave can be used for the employee’s or a family member’s illness, preventive care, or exposure to communicable diseases.

    Maternity, Paternity, FMLA in New York

    Federal Law

    Under the FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, including maternity or paternity leave. This leave is typically taken continuously unless otherwise agreed upon with the employer.

    The Pregnancy Discrimination Act (PDA) also protects pregnant employees from discrimination in all aspects of employment.

    Additional State Laws in New York

    New York’s Paid Family Leave (PFL) law provides partial income replacement and job protection for employees taking leave for certain family or medical reasons. Employees are entitled to 12 weeks of paid leave, receiving 67% of their average weekly wage, up to a cap of 67% of the Statewide Average Weekly Wage. The current maximum weekly benefit is $1,068.36.

    PFL benefits are funded through employee salary deductions, with employers having the option to cover these costs voluntarily. Employees are eligible for PFL after 26 weeks of full-time employment or 175 days of part-time employment. PFL provides job reinstatement and continued health insurance during the leave.

    New York also has a Temporary Disability Benefits Law, requiring employers to provide short-term disability coverage for employees temporarily unable to work due to pregnancy or childbirth.

    Adoptive Parents Leave

    Employers who provide parental leave must offer the same leave to adoptive parents, applicable to children under five years old or under 18 if the child has special needs.

    Bereavement Leave in New York (Funeral Leave)

    New York leave laws does not legally require employers to provide bereavement leave. However, many employers do offer this benefit, typically granting up to three days off for the death of a close family member.

    Jury Duty Leave in New York

    Employers in New York are required to provide leave for employees serving on jury duty. Employees must present their jury summons to receive the necessary leave. Employers cannot penalize employees for fulfilling their civic duty, but they are not required to pay for this leave unless the employer has 10 or more employees, in which case they must pay at least $40 per day for the first three days of jury service.

    Witness Leave and Crime Victim Leave in New York

    Employees who are crime victims or witnesses in criminal trials are entitled to unpaid leave to attend court proceedings. Employees must provide notice and certification to their employer to qualify for this leave.

    Military Leave in New York

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees called to active duty in the U.S. military, ensuring they can return to their jobs after completing their service. USERRA provides up to five years of unpaid leave, reinstatement rights, protection from discrimination, and the continuation of health benefits for up to 24 months.

    New York State Law

    New York also provides additional protections for military members, allowing for unpaid leave for service-related activities. Upon returning, employees are entitled to reinstatement to their previous job or a similar one, provided they apply within the appropriate timeframe. Employers are prohibited from terminating these employees without cause for 12 months following their return.

    New York Military Family Leave (Military Spouse Leave)

    This law provides up to 10 days of unpaid leave for employees who are spouses of deployed military service members. The leave can only be taken while the spouse is on leave during their deployment.

    Voting Leave in New York

    Employees in New York who do not have sufficient time to vote outside their work hours are entitled to up to two hours of paid leave to vote. The employer can specify when this leave is taken, typically at the beginning or end of the workday. Employees must notify their employer at least two days in advance if they intend to take time off to vote.

    New York State Holidays for 2024

    New York law does not require private employers to provide paid or unpaid holiday leave. Employers may require employees to work on holidays, but many offer paid holidays as part of their benefits package. Employers are not required to pay extra for holiday work unless the employee qualifies for overtime. However, if an employer offers holiday leave, it must follow the terms of its policy or employment contract.

    New York officially observes 13 state holidays in 2024.

  • New Mexico Leave Laws And Holidays

    New Mexico Leave Laws And Holidays

    Understanding leave policies is important for both employers and employees, especially when it comes to New Mexico Leave Laws and how they relate to Paid Time Off (PTO) and “Day Off” policies. These laws cover various types of leave, including PTO, sick leave, and maternity leave, with specific rules that can vary widely. This guide breaks down the key points of New Mexico’s leave laws, including vacation accrual, sick leave, and jury duty, making it easier for businesses to stay compliant and for employees to know their rights. Whether you’re setting up “Day Off” policies or just want to know what you’re entitled to, this guide has the essential information you need.

    Paid Time Off (PTO) in New Mexico

    Vacation Leave Quota

    New Mexico leave laws does not mandate employers to provide vacation days. There is no legal requirement for private employers in New Mexico to offer paid or unpaid vacation leave. However, if an employer decides to provide vacation leave, they must adhere to relevant state laws, established company policies, and the terms of employment contracts.

    Accruals

    Although not mandatory, the accrual system is commonly used by companies in New Mexico leave laws. Employers have the flexibility to design their own vacation accrual system, which could be structured in weekly, semi-monthly, or monthly increments, often tied to the pay period. Semi-monthly and monthly pay periods are the most prevalent in the state. Employers may also implement a cap on the amount of vacation time an employee can earn.

    Roll Over (Carry Over, Brought Forward)

    Employers in New Mexico are permitted to adopt a “Use-It-or-Lose-It” policy, which requires employees to forfeit any unused vacation time after a certain date, such as the end of the year. Since state statutes do not specifically address this type of policy, employers have the discretion to enforce it.

    Statutory Provisions Addressing Vacation Pay

    There are no specific statutory provisions in New Mexico regarding vacation pay. Accrued and unused vacation time is not considered wages under state law, and employers are not legally required to provide vacation pay.

    Payment of Accrued, Unused Vacation on Termination

    State law does not require employers to pay out unused vacation time upon termination of employment. However, if an employer has a PTO policy that allows for the accrual of vacation or other PTO, any unused accrued amounts are considered earned wages and must be included in the employee’s final paycheck. The rules for final pay differ for employees who are terminated versus those who resign.

    Payout

    Employers are obligated to pay out accrued vacation time only if their PTO policy includes a provision for it.

    Sick Leave in New Mexico

    Federal Laws – Leave Quota

    Federal law, under the Family and Medical Leave Act (FMLA), requires employers to provide 12 weeks of unpaid, job-protected leave. This applies to New Mexico, as it does in all states. Employees are eligible for FMLA benefits if they have worked for at least 12 months, have accumulated 1,250 hours in the previous year, and work at a location with at least 50 employees within a 75-mile radius. FMLA allows eligible employees to take up to 12 weeks off for personal medical reasons, to care for a close family member with a serious illness, or for maternity or paternity leave.

    Payout

    FMLA leave is unpaid.

    New Mexico Paid Sick Law

    Effective July 1, 2022, New Mexico’s paid sick leave law requires all employers to provide their employees with 1 hour of earned paid sick leave for every 30 hours worked. This applies to all types of employees, including part-time, seasonal, and temporary workers. Employers may choose to frontload the leave on January 1 each year and may cap annual sick leave accrual at 64 hours. Accrued but unused paid sick leave can be carried over to the next year. Employees may begin accruing and using paid sick leave immediately upon hire.

    Payout

    Employers are not required to pay out unused sick leave when employment ends.

    Bernalillo County, New Mexico

    In Bernalillo County, employers with two or more employees must provide 1 hour of paid leave for every 32 hours worked, up to 56 hours within three years. This leave can be used for any purpose, making Bernalillo County one of the few places with such a law, alongside Nevada and Maine.

    Maternity, Paternity, FMLA in New Mexico

    Federal Law

    The FMLA provides up to 12 weeks of unpaid maternity or paternity leave, with job protection. Additional protection is offered under the Pregnancy Discrimination Act (PDA), which prohibits discrimination based on pregnancy in all aspects of employment, including hiring, firing, pay, and benefits.

    Additional State Laws in New Mexico

    The New Mexico Human Rights Act requires employers with four or more employees to protect against discrimination related to pregnancy, childbirth, or related medical conditions. Pregnancy and childbirth must be treated as any other temporary disability for employment purposes, including the provision of fringe benefits.

    Payout

    Maternity leave in New Mexico is unpaid.

    Bereavement Leave in New Mexico (Funeral Leave)

    Employers in New Mexico are not required by law to provide paid or unpaid bereavement leave. However, many employers do offer at least two days of bereavement leave. If an employer chooses to provide bereavement leave, they must adhere to their established policy or practice.

    Payout

    Bereavement leave is generally unpaid.

    Jury Duty Leave in New Mexico

    Employers must provide employees with unpaid, job-protected leave to serve on a jury or attend jury selection. Employees may be required to provide their employer with reasonable notice of their jury summons. Employers cannot force employees to use their annual leave, vacation, or sick leave for jury duty, nor can they penalize employees for serving on a jury.

    Payout

    Employers are not required to pay employees for jury duty leave. Jurors in New Mexico receive $7.50 per day from the court.

    Military Leave in New Mexico

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers in the U.S., including those in New Mexico. USERRA provides job protection and reinstatement rights to employees called to active duty, and it ensures that they can continue group health benefits for up to 24 months during their leave. Employees are entitled to up to five years of unpaid leave for military service, with certain exceptions.

    New Mexico State Law

    In addition to USERRA, New Mexico law requires that service members be reinstated to their former job (or an equivalent position) after military service, provided they apply for reinstatement within 90 days of discharge. They retain their seniority and benefits and cannot be terminated without cause within one year of reemployment. Employers cannot discriminate against or penalize employees for their military service.

    Payout

    Military leave is unpaid.

    Voting Leave in New Mexico

    Employers in New Mexico must provide up to two hours of paid time off for voting, but only if the employee does not have sufficient non-working hours to vote. Employers can designate the time when this leave can be taken, and employees cannot be penalized for taking time off to vote.

    Payout

    Voting leave is paid by the employer.

    New Mexico State Holidays in 2024

    New Mexico leave laws does not require private employers to provide paid or unpaid holiday leave. While private employers are not obligated to grant holiday leave, most do offer paid holidays to their employees. New Mexico officially observes 11 state holidays.

  • New Jersey Leave Laws And Holidays

    New Jersey Leave Laws And Holidays

    Understanding paid time off (PTO) and leave policies can be confusing, especially with different rules at the state and federal levels. In New Jersey leave laws, it’s important to know your rights as an employee and what employers need to provide. This guide covers New Jersey Leave Laws, including PTO, vacation leave, sick leave, and more, with a special focus on using tools like the Day Off app to manage your time effectively. It explains what the law requires, what decisions employers can make, and how these policies affect your work-life balance. Whether you’re an employee or employer, this article gives you the key information you need about PTO and leave in New Jersey for 2024.

    Paid Time Off (PTO) in New Jersey

    Vacation Leave Quota

    In New Jersey leave laws, there is no legal requirement for employers to offer paid or unpaid vacation leave to their employees. This lack of regulation allows companies to establish their own vacation policies, including paid time off (PTO) and paid holidays. While employers are free to decide whether or not to provide these benefits, they must adhere to any relevant state laws, company policies, or employment contract terms if they do choose to offer vacation leave.

    Accrual

    Employers in New Jersey are not obligated to use an accrual system for PTO, but it is a common practice among many companies. The accrual system typically operates based on the pay period, with semi-monthly and monthly pay periods being the most common in the state. Employers may also implement policies that cap the amount of vacation time an employee can accrue.

    Roll Over (Carry Over, Brought Forward)

    New Jersey leave laws permits employers to implement a “use-it-or-lose-it” policy regarding vacation time. This policy requires employees to forfeit any unused vacation time after a specified date, such as the end of the calendar year. Since this policy is not specifically addressed by state law, employers have the discretion to enforce it as they see fit.

    Statutory Provisions Addressing Vacation Pay

    In New Jersey leave laws, accrued but unused vacation time is not classified as wages. The state’s wage laws do not regulate the accrual or rollover of vacation time from one year to the next, leaving these decisions to the discretion of employers.

    Payment of Accrued, Unused Vacation on Termination

    There is no legal requirement in New Jersey for employers to pay out unused vacation time upon termination of employment. However, if an employment agreement, union contract, or company policy stipulates that unused vacation will be paid out, the employer must honor those terms. Failure to do so may give the employee grounds for a claim.

    Payout

    Employers are required to pay out accrued vacation time only if it is specified in an employment agreement, union contract, or company policy.

    Sick Leave in New Jersey

    Federal Laws – Leave Quota

    Under federal law, specifically the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for medical or family reasons. To qualify for FMLA benefits, employees must have worked for their employer for at least 12 months, accumulating a minimum of 1,250 hours within the previous year, and must be employed at a location with at least 50 employees within a 75-mile radius. FMLA leave can be used for personal medical issues, to care for a close family member with a serious health condition, or for maternity/paternity leave.

    Payout

    FMLA leave is unpaid.

    New Jersey Family Leave Act (NJFLA)

    In addition to FMLA, the New Jersey Family Leave Act (NJFLA) provides eligible employees with up to 12 weeks of leave within a 24-month period. NJFLA applies to employers with 30 or more employees and can be used for bonding with a new child or caring for a family member with a serious health condition. It is important to note that NJFLA does not cover leave for the employee’s own medical conditions. If both FMLA and NJFLA apply, the two leaves will run concurrently.

    New Jersey employees may also be eligible for Family Leave Insurance benefits, which are funded through payroll deductions.

    Payout

    NJFLA leave can be unpaid, paid, or a combination of both, depending on the employer’s policies and the availability of insurance benefits.

    New Jersey Paid Sick Leave

    New Jersey law mandates that all employers, regardless of size, provide paid sick leave to their employees. Employees earn one hour of paid sick leave for every 30 hours worked, with a maximum yearly accumulation of 40 hours. Paid sick leave can be used for various reasons, including the employee’s own health needs, caring for a relative, public health emergencies, attending school-related events for a child, or addressing issues related to domestic violence.

    Employees can start accruing paid sick leave from their first day of employment, though employers may impose a waiting period of up to 120 days before the leave can be used. Employees are allowed to carry over up to 40 hours of unused sick leave into the next year, but employers may limit the total amount of leave that can be accumulated.

    Payout

    Employers are not required to pay employees for unused paid sick leave when their employment ends.

    Maternity, Paternity, and FMLA in New Jersey

    Federal Law

    The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for eligible employees, including for maternity and paternity leave. The Pregnancy Discrimination Act (PDA) further protects pregnant workers from discrimination in all aspects of employment.

    Additional State Laws in New Jersey

    The New Jersey Family Leave Act (NJFLA) offers up to 12 weeks of leave within a 24-month period for family-related reasons, including maternity and paternity leave. Additionally, the Temporary Disability Insurance (TDI) Program provides up to two-thirds of an employee’s wages for up to four weeks before childbirth and up to six weeks after childbirth, with potential extensions for complications.

    Payout

    While FMLA and NJFLA leaves are unpaid, employees may be eligible for paid benefits under the Temporary Disability Insurance Program or Family Leave Insurance.

    Bereavement Leave in New Jersey (Funeral Leave)

    Employers in New Jersey are not legally required to provide bereavement leave, whether paid or unpaid. However, many employers do offer at least two days of leave following the death of an immediate family member. If an employer does provide bereavement leave, they must follow their established policies or practices.

    Payout

    Bereavement leave is typically unpaid.

    Jury Duty Leave in New Jersey

    New Jersey law requires employers to grant unpaid, job-protected leave for employees serving on jury duty. Employees may be required to provide their jury summons to their employer in advance. Employers cannot force employees to use other types of leave, such as vacation time, for jury duty. Moreover, employers are prohibited from penalizing employees in any way for fulfilling their jury service obligations.

    Payout

    Employees serving as jurors receive $5.00 per day from the court. Private employers are not required to pay employees for time spent on jury duty.

    Military Leave in New Jersey

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of individuals called to active duty in the U.S. military, including the U.S. Armed Forces, Reserves, and National Guard. USERRA guarantees reinstatement rights, protection from discrimination, continuation of healthcare benefits for up to 24 months, and up to five years of unpaid leave for military service.

    New Jersey State Law

    New Jersey state law provides additional protections, requiring employers to reemploy military service members in their previous positions or in similar roles upon their return from active duty. These protections extend to participation in military training or attending service schools for up to three months within a four-year period. Employees returning from active duty cannot be fired without valid cause for one year after reemployment.

    Payout

    Military leave is unpaid.

    Voting Leave in New Jersey

    New Jersey law does not require employers to provide time off for voting. If an employer chooses to allow voting leave, they have the discretion to decide whether or not the time off is paid. Although most states mandate time off for voting, New Jersey is not among them.

    Payout

    Voting leave is typically unpaid.

    New Jersey State Holidays for 2024

    New Jersey observes 13 public holidays in 2024. However, private employers are not obligated to provide paid or unpaid leave for these holidays. Employers have the option to require employees to work on holidays, though many in New Jersey do offer paid holidays as a benefit.

  • New Hampshire Leave Laws And Holidays

    New Hampshire Leave Laws And Holidays

    Navigating the landscape of Paid Time Off (PTO) and leave policies can be a complex task, especially with varying regulations across different states. In New Hampshire leave laws, the approach to PTO, sick leave, and other forms of leave is distinct, offering employers significant flexibility in crafting their policies. This guide delves into the specifics of New Hampshire leave laws, shedding light on vacation leave, sick leave, maternity and paternity leave, and other critical aspects like jury duty and military leave. along with the importance of taking a “Day Off” for overall well-being. Whether you’re an employer looking to refine your leave policies or an employee seeking to understand your rights, this comprehensive overview provides the essential information you need to navigate New Hampshire’s leave laws effectively.

    Paid Time Off (PTO) in New Hampshire

    Vacation Leave Quota

    In New Hampshire leave laws, employers are not legally required to provide paid or unpaid vacation leave.

    New Hampshire does not have federal or state laws mandating that employers must offer vacation time, whether paid or unpaid. As a result, companies in the state have the autonomy to establish their own vacation policies, which may include paid time off, vacation days, sick leave, or paid holidays.

    Although many employers do offer these benefits, it is entirely at their discretion. Should an employer choose to provide vacation leave, they are obligated to adhere to any relevant state laws, company policies, or agreements specified in an employment contract.

    Accrual

    In New Hampshire leave laws, the use of a PTO accrual system is common, though not legally required.

    The accrual system often corresponds with the pay period, with the most common pay period in New Hampshire being weekly.

    Roll Over (Carry Over, Brought Forward)

    State law permits the implementation of a “use-it-or-lose-it” policy.

    A “use-it-or-lose-it” policy requires employees to forfeit any unused vacation time after a specified date, such as the end of the year. This policy is allowed under New Hampshire state law, giving employers the right to enforce it.

    Additionally, employers may implement a policy that caps the amount of vacation time an employee can accrue to a certain limit.

    Statutory Provisions Addressing Vacation Pay

    Earned vacation time is considered wages if the employer has an established policy or practice of paying employees for that time.

    When an employer offers vacation pay or other benefits, these are regarded as part of the employee’s wages when due for payment.

    Employers that provide vacation pay or additional benefits must inform employees in writing, either through a notice posted at the workplace or within the employee handbook.

    Payment of Accrued, Unused Vacation on Termination

    Employers must adhere to their established policies.

    The decision to pay out unused vacation time upon an employee’s termination is governed by the employer’s policy or the terms of the employee’s contract.

    New Hampshire law does not specifically address whether an employer can prevent payment of accumulated vacation time upon termination. Thus, employers are free to establish their own policies regarding this matter.

    However, if a policy does not clearly state whether unused vacation time will be paid upon separation, employers are generally required to compensate the employee for this time.

    Payout

    If there is an obligation to pay for accrued but unused vacation time at termination, the employer must fulfill this obligation.

    Sick Leave in New Hampshire

    Federal Laws – Leave Quota

    Federal law requires up to 12 weeks of unpaid sick leave.

    The Family and Medical Leave Act (FMLA) applies to New Hampshire, providing job-protected unpaid leave.

    Employees are eligible for FMLA benefits if:

    • They have been employed for at least 12 months (with a minimum of 25 hours per week) or have worked 1,250 hours in the past year.
    • They work at a location where the employer has at least 50 employees within a 75-mile radius.

    Under FMLA, eligible employees can take up to 12 weeks of leave for:

    • Personal medical reasons, such as illness or injury.
    • Caring for a close family member (child, spouse, or parent) with a serious health condition.
    • Maternity or paternity leave.

    Employers are permitted to offer additional sick leave benefits beyond the federal minimum requirements.

    New Hampshire State Laws

    There are no state laws in New Hampshire that provide additional sick leave requirements.

    While some states mandate paid sick days, New Hampshire does not require employers to offer either paid or unpaid leave. However, eligible employers must comply with FMLA requirements.

    It is important for employers who choose to offer sick leave benefits to ensure they comply with any employment contracts or employee handbooks, as this may create a legal obligation to provide these benefits.

    Payout

    Sick leave in New Hampshire is generally unpaid.

    Maternity, Paternity, FMLA in New Hampshire

    Federal Law

    FMLA provides up to 12 weeks of unpaid maternity or paternity leave.

    The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons, including maternity or paternity leave. Unless the employer agrees otherwise, this leave must be taken continuously.

    More details about FMLA eligibility are provided in the Sick Leave section above.

    The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant women. The PDA prohibits discrimination based on pregnancy in all employment aspects, including hiring, firing, pay, job assignments, promotions, benefits, training, leave, and health insurance.

    Additional State Laws in New Hampshire

    Pregnancy Disability Leave

    New Hampshire’s “Law Against Discrimination” requires employers with six or more employees to provide time off for female employees due to pregnancy, childbirth, or related medical conditions. These conditions are considered temporary disabilities, and employees must be treated the same as other employees with temporary disabilities.

    If an employer provides paid leave for other illnesses, they must offer the same for pregnancy. If other temporarily disabled employees receive pay, pregnant employees must also be compensated.

    Employees are entitled to reinstatement to their previous or a comparable position after the leave.

    New Hampshire Paid Family and Medical Leave (NH PFML)

    The New Hampshire Granite State Paid Family Leave Plan (NH PFML) launched on January 1, 2023.

    This family leave insurance program offers partial wage replacement for up to six weeks for eligible family and medical leave reasons. Participation is optional for private employers. Companies with more than 50 employees that participate in the program will contract directly with the state’s chosen insurance carrier. Workers whose employers do not provide coverage may enroll individually. Private employers may cover part or all of the coverage costs and may be eligible for a 50% tax credit on the premiums paid.

    Bereavement Leave in New Hampshire

    Employers are not obligated to provide bereavement leave.

    In New Hampshire, there is no legal requirement for employers to offer paid or unpaid bereavement leave or time off for a family member’s funeral. However, most employers offer at least two days of bereavement leave. Employers who choose to provide this leave must follow their established bereavement policies or practices.

    Payout

    Bereavement leave in New Hampshire is generally unpaid.

    Jury Duty Leave in New Hampshire

    Employers must provide unpaid time off for jury duty.

    New Hampshire employers are required to provide unpaid, job-protected leave for employees summoned for jury selection or jury duty. Employees may need to provide their jury summons within a reasonable time frame to be granted leave.

    Employers cannot force employees to use other leave types, such as vacation or sick leave, for jury duty. Additionally, employers are prohibited from penalizing, firing, or threatening employees due to jury service.

    Payout

    The court pays: Employees who serve as jurors in New Hampshire are paid $10.00 per day.

    The employer pays: Employers in New Hampshire are not required to compensate employees for jury duty leave.

    Crime Victim Leave in New Hampshire

    Crime victim leave is unpaid.

    Companies with 25 or more employees must allow crime victims (or their immediate family members) to take unpaid time off to attend court proceedings related to the crime.

    Employees may use accumulated vacation, personal, or sick leave, or the employer can require them to do so. Notice and documentation are required, and leave can only be restricted if it causes significant hardship for the employer. Employers cannot take negative action against employees for taking crime victim leave.

    Payout

    Crime victim leave in New Hampshire is unpaid.

    Military Leave in New Hampshire

    All U.S. employers must comply with USERRA; no additional state laws apply.

    Federal Law The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all U.S. employers and protects employees called to active duty. USERRA provides rights such as reinstatement, protection from discrimination, continuation of group health benefits for up to 24 months, and up to five years of unpaid military leave.

    New Hampshire State Law Employees who are members of the New Hampshire National Guard or militia and are called to active duty by the governor are entitled to the same leave and benefits as under USERRA. Employers cannot discriminate against or discourage employees from serving in the National Guard or militia.

    Payout

    Military leave in New Hampshire is unpaid.

    Voting Leave in New Hampshire

    Voting leave is not required by state law.

    New Hampshire law does not require employers to provide time off to vote. If an employer allows voting time, they have the discretion to decide whether it is paid or unpaid.

    While many states offer time off for voting, New Hampshire does not mandate it.

    Payout

    Voting leave in New Hampshire is unpaid.

    New Hampshire State Holidays in 2024

    Private employers in New Hampshire are not required to provide paid or unpaid holiday leave.

    Similar to most states, New Hampshire law does not require private employers to provide holiday leave. Private employers can require employees to work on holidays. However, many employers offer paid holidays.

    New Hampshire officially recognizes 10 state holidays.

  • Nevada Leave Laws And Holidays

    Nevada Leave Laws And Holidays

    Understanding Nevada leave laws is essential for both employers and employees, particularly regarding Paid Time Off (PTO), Day Off policies, and other types of leave. Nevada leave laws has specific regulations, especially for employers with 50 or more employees, covering paid leave, sick leave, and maternity leave. This article offers a clear overview of these laws, outlining employer obligations and employee rights, helping you navigate Nevada’s PTO policies, Day Off guidelines, and related leave requirements.

    Paid Time Off (PTO) in Nevada

    In Nevada leave laws, employers with 50 or more employees are required to provide paid leave at a rate of at least 0.01923 hours for each hour worked. Nevada became the second state after Maine to require large employers to offer paid leave for any reason.

    Overview

    Nevada and Maine were the first states to mandate that employers offer paid leave for any purpose, including non-medical personal reasons. This legislation, known as Senate Bill (SB) No. 312, was passed in 2019 and took effect on January 1, 2020. As of 2024, Illinois also adopted similar legislation.

    Under this law, Nevada employers with 50 or more employees must provide paid leave in proportion to the number of hours worked.

    Eligible and Exempted Employers

    Employers in Nevada with 50 or more employees are required to offer paid leave to all employees, with exceptions for temporary, seasonal, and on-call workers. Part-time employees are also eligible for this leave.

    However, new businesses are exempt from this requirement for the first two years of operation. Additionally, employers who already provide at least 40 hours of paid time off annually under the same conditions as the paid leave law are exempt. The exact details of this exemption can be unclear, so employers are advised to consult legal counsel if they plan to use this exemption.

    Accrual Rate and Limits

    Private employers must provide a minimum of 0.01923 hours of paid leave for each hour worked during a “benefit year,” defined as any 365-day period used by the employer to calculate leave accrual. For example, an employee working 40 hours per week throughout the year would accrue about 40 hours of leave annually. This calculation applies uniformly to employees working fewer or more hours.

    Employers have two options for granting leave: they can either allocate it in a lump sum at the beginning of the benefit year (frontloading) or allow it to accrue throughout the year. Although the law doesn’t explicitly cap the amount of leave an employee can accrue, it does permit employers to limit the use of paid leave to 40 hours within a benefit year.

    Employers may also require that employees use their paid leave in minimum increments, not exceeding four hours. Furthermore, the law allows employers to offer more generous leave policies than the statutory requirements.

    Waiting Period

    While employees start accruing leave immediately upon employment, employers can enforce a 90-day waiting period before the employee is eligible to use the accrued leave.

    Roll Over

    For those employers who choose an accrual-based system, the law permits them to limit the amount of accrued leave that can be carried over from one year to the next to a maximum of 40 hours per benefit year. Employers who frontload leave at the beginning of the year may adopt a “use it or lose it” policy since the law does not specifically address the rollover of leave in such cases.

    Payment of Accrued, Unused Vacation on Termination

    Employers are not obligated to pay out unused paid leave upon termination. However, if an employee is rehired within 90 days of separation, any previously unused leave must be reinstated unless the employee voluntarily resigned.

    Notice Requirements, Reporting, Posting, and Recordkeeping

    Employees are not required to give a reason for using their leave but must notify their employer as soon as possible. Employers are required to keep records of the accrual and use of paid leave for at least one year and must provide employees with an accounting of their available leave. Additionally, employers must display a bulletin informing employees of their rights under this law in a conspicuous place in the workplace.

    Retaliation against employees for using their accrued paid leave is prohibited.

    Payout

    Employers are required to compensate employees for used paid leave at the same rate and on the same day as if the employee had worked those hours.

    Employers with Less Than 50 Employees

    Employers with fewer than 50 employees are not required to provide paid leave for any reason.

    Vacation Leave Quota

    There is no federal or state mandate requiring Nevada employers with fewer than 50 employees to offer paid or unpaid vacation time. Any paid leave, such as PTO, vacation days, or sick leave, is at the employer’s discretion.

    Accrual

    Although not mandatory, many Nevada employers with fewer than 50 employees use a PTO accrual system based on the pay period. Employers must pay most employees on a regular payday, at least semimonthly or monthly.

    Employers can also cap the amount of vacation time employees can accrue.

    Roll Over

    Employers may implement a “use-it-or-lose-it” policy, which requires employees to forfeit unused vacation time after a specified date, such as the end of the year. Nevada law does not specifically address this policy, allowing employers the flexibility to apply it.

    Statutory Provisions Addressing Vacation Pay

    Nevada does not have a statute governing the payment of vacation time.

    Payment of Accrued, Unused Vacation on Termination

    Employers are not required to pay employees for accrued, unused vacation time upon termination. Employers can establish policies or contracts that prevent employees from receiving payment for unused vacation time at the end of employment. Employers are also not obligated to pay accrued vacation if the policy or contract is silent on the matter.

    However, if a policy or contract stipulates it, employers must reimburse employees for accrued vacation time upon separation.

    Sick Leave in Nevada

    Federal Laws – Leave Quota

    Federal law, under the Family and Medical Leave Act (FMLA), provides 12 weeks of unpaid, job-protected sick leave. This law applies nationwide, including in Nevada, and covers employees who have worked for their employer for at least 12 months (at least 25 hours per week) or 1,250 hours in the previous year. FMLA benefits are available to employees who work in locations with at least 50 employees within a 75-mile radius.

    FMLA allows qualified employees to take up to 12 weeks off for personal medical reasons, to care for a close family member with a serious illness, or for maternity/paternity leave. Employers may offer more generous sick leave benefits beyond the federal minimum.

    Nevada Paid Sick Leave Laws

    Only employers with 50 or more employees are required to provide paid sick leave, which can be used for any reason, not just illness. As mentioned earlier, Nevada law (SB No. 312) mandates that these employers provide at least 0.01923 hours of leave per hour worked.

    Additionally, until December 31, 2023, Nevada requires employers with 50 or more employees to provide up to four hours of paid leave for employees receiving a COVID-19 vaccination.

    Employers with fewer than 50 employees are not required to provide paid sick leave, but they must comply with the FMLA if eligible.

    Maternity, Paternity, and FMLA Leave in Nevada

    Federal Law

    The FMLA provides 12 weeks of unpaid, job-protected leave for maternity or paternity reasons. This leave must be taken continuously unless otherwise authorized by the employer. More details about FMLA eligibility can be found in the “Sick Leave in Nevada: Federal Laws – Leave Quota” section.

    The Pregnancy Discrimination Act (PDA) is another federal law that prohibits discrimination against pregnant individuals in all aspects of employment, including hiring, firing, pay, job assignments, promotions, and benefits.

    Additional State Laws in Nevada

    In addition to FMLA and PDA, Nevada has the Pregnant Workers’ Fairness Act, which requires employers with 15 or more employees to provide reasonable accommodations or leave for conditions related to pregnancy or childbirth. This law applies to each working day in 20 or more calendar weeks in the current or preceding year.

    The Nevada Fair Employment Practices Act also protects against sex-based discrimination. It mandates that if an employer provides leave for medical conditions, they must extend the same benefits to female employees for pregnancy-related conditions.

    Payout

    Maternity leave in Nevada is unpaid.

    Bereavement Leave in Nevada (Funeral Leave)

    Employers in Nevada are not legally required to provide bereavement leave, either paid or unpaid. However, many employers (85%) offer this benefit, with 66% of them providing three to five days of leave. Employers who choose to provide bereavement leave must adhere to their established policy.

    Payout

    Bereavement leave in Nevada is typically unpaid.

    Jury Duty Leave in Nevada

    Employers must provide unpaid leave for employees serving jury duty. Employees must present their jury summons at least three days before their scheduled appearance to receive the necessary leave. Employers cannot require employees to use sick or vacation time for jury duty and cannot mandate that they work within eight hours before or after their jury appearance.

    Additionally, an employer cannot penalize an employee for serving on a jury.

    Payout

    Jurors in Nevada are paid $40.00 per day by the court, though this is a nominal amount. Employers are not required to pay employees during jury duty leave.

    Military Leave in Nevada

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects employees called to active duty in the U.S. military. USERRA ensures reinstatement rights, protection from discrimination, and the right to continue group health benefits for up to 24 months. It also provides up to five years of unpaid leave for military service.

    Nevada State Law

    Nevada leave laws extends the same rights and benefits under USERRA to members of the Nevada National Guard (or the national guard of any other state) called to active state duty. State law applies if it offers greater benefits, protections, or rights than federal law.

    Payout

    Military leave in Nevada is unpaid.

    Voting Leave in Nevada

    Employers are required to provide one, two, or three hours of paid leave for employees to vote, depending on the distance between their workplace and the polling station. Employees must apply for this leave before election day.

    Payout

    Voting leave in Nevada must be paid, and employers cannot deduct this time from the employee’s salary or wages.

    Nevada State Holidays for 2024

    Nevada law does not require private employers to offer paid or unpaid holiday leave. However, most employers in Nevada do provide some paid holidays. The state officially observes 12 holidays each year.

  • Nebraska Leave Laws And Holidays

    Nebraska Leave Laws And Holidays

    Navigating the complexities of Paid Time Off (PTO), including Day Off, and leave policies can be a challenge, especially when it comes to understanding the specific regulations in different states. In Nebraska leave laws, the rules surrounding PTO, vacation leave, sick leave, and other types of employee leave are distinct, with both federal and state laws playing a crucial role. Whether you’re an employer trying to stay compliant or an employee looking to understand your rights, this comprehensive guide will walk you through everything you need to know about PTO and Nebraska leave laws. From vacation accrual to military leave and jury duty, we break down the essential legal requirements and provide clarity on what is required, what is optional, and how to navigate the nuances of Nebraska’s leave laws.

    Paid Time Off (PTO) in Nebraska

    Vacation Leave Quota

    Nebraska leave laws does not require employers to provide vacation days.

    In Nebraska, there is no federal or state law that mandates employers to offer paid or unpaid vacation leave to employees. While employers in the state are not obligated to provide such benefits, many choose to do so as vacation time is a highly valued perk among employees. If an employer opts to offer vacation leave, whether paid or unpaid, they must adhere to applicable state laws, established company policies, or employment contracts.

    Additionally, employers in Nebraska have the discretion to offer vacation benefits to certain employees while excluding others, provided the decisions are not based on discriminatory factors such as age, race, or gender.

    Accrual

    Nebraska leave laws does not require a PTO accrual system, but many companies use one.

    The accrual system, which is commonly used by companies in Nebraska, is usually based on the pay period. Employers in the state can set their payday schedules, with monthly pay periods being the most common. Employers may establish specific criteria that employees must meet before they start accruing vacation leave. They can also impose limits on the amount of vacation time employees can accrue or receive.

    Roll Over

    Nebraska law prohibits “Use-It-or-Lose-It” policies.

    A “use-it-or-lose-it” policy, which requires employees to forfeit unused vacation time after a set date (e.g., at the end of the year), is not allowed in Nebraska. Nebraska is one of the few states, alongside California and Montana, that explicitly prohibit this type of policy.

    However, employers in Nebraska may implement policies that cap the amount of vacation time employees can earn. Once an employee’s earned vacation time falls below this cap, their ability to accrue additional vacation time can be reinstated.

    Statutory Provisions Addressing Vacation Pay

    Earned vacation time is regarded as wages.

    In Nebraska, paid vacation is considered a fringe benefit and is classified as wages.

    Payment of Accrued, Unused Vacation on Termination

    Employers cannot deny payment for unused vacation.

    When an employee leaves a company, whether voluntarily or involuntarily, they must be compensated for any earned and unused vacation time. This rule applies unless there is a specific agreement to the contrary between the employer and the employee or a collective-bargaining representative.

    Sick Leave in Nebraska

    Federal Laws – Leave Quota

    Federal law provides for 12 weeks of unpaid sick leave.

    The Family and Medical Leave Act (FMLA) is a federal law that applies across all U.S. states, including Nebraska. It offers job-protected leave for qualifying employees. To be eligible, employees must have worked for their employer for at least 12 months (at least 25 hours per week) or have accumulated 1,250 hours of work in the previous year. Additionally, the employer must have at least 50 employees within a 75-mile radius.

    FMLA allows employees to take up to 12 weeks of unpaid leave for personal medical reasons, to care for a close family member with a serious illness, or for maternity or paternity leave. Employers may offer sick leave benefits beyond the federal minimum requirements.

    Nebraska State Laws

    Nebraska does not have additional state-mandated sick leave laws.

    While some states require employers to provide a set number of paid sick days, Nebraska law does not impose such requirements. However, employers in Nebraska who choose to offer sick leave benefits must comply with the terms outlined in employment contracts or employee handbooks, which may create a legal obligation to provide sick leave.

    Maternity, Paternity, and FMLA in Nebraska

    Federal Law

    FMLA provides for 12 weeks of unpaid maternity/paternity leave.

    The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons, including maternity or paternity leave. Unless otherwise authorized by the employer, this leave must be taken consecutively. More information about FMLA eligibility is detailed in the Sick Leave in Nebraska section.

    The Pregnancy Discrimination Act (PDA) is another federal law that offers protections for pregnant employees, prohibiting discrimination based on pregnancy in all aspects of employment, including hiring, firing, pay, job assignments, promotions, fringe benefits, training, leave, and health insurance.

    Additional State Laws in Nebraska

    Nebraska Adoption Leave

    Employers in Nebraska that offer parental leave following the birth of a child must extend the same leave to parents who adopt a child under nine years old, or under 19 if the child has special needs. This law does not apply to stepparent or foster parent adoptions.

    Payout

    Maternity leave in Nebraska is unpaid.

    Bereavement Leave in Nebraska

    Employers are not required to provide bereavement leave.

    Nebraska law does not mandate that employers offer paid or unpaid bereavement leave for employees to attend the funeral of an immediate family member. Nevertheless, many employers voluntarily offer at least two days of bereavement leave. Employers who do provide this benefit must follow their established bereavement policies or practices.

    Payout

    Bereavement leave in Nebraska is unpaid.

    Jury Duty Leave in Nebraska

    Employers must provide paid time off for jury duty.

    In Nebraska, employers are legally obligated to grant employees leave for jury duty and to pay them for the time spent on jury selection or serving as jurors. This is a rare provision, as most states only require unpaid leave for jury duty. Employees must give reasonable notice of their jury service requirements, and employers are prohibited from firing, threatening, or coercing employees because of their jury service.

    Payout
    The court pays:

    Jurors in Nebraska receive $35.00 per day as compensation, though this amount is nominal.

    The employer pays:

    Employers in Nebraska are required to pay employees their usual wages during jury duty but may reduce the pay by the amount received from the court.

    Military Leave in Nebraska

    All employers must comply with USERRA and Nebraska’s additional state military leave laws.

    Federal Regulations

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all employers in the U.S. It protects employees who are called to active duty in the military, including the U.S. Armed Forces, Reserves, and National Guard. USERRA guarantees reinstatement rights, protection from discrimination, the right to continue group health care benefits for up to 24 months during their leave, and up to five years of unpaid leave for military service (with certain exceptions).

    Nebraska State Law

    Members of the Nebraska National Guard (or any other state’s national guard) called to active state duty are entitled to the same leave and reinstatement rights as those under USERRA.

    Nebraska Family Military Leave Act

    Nebraska law provides additional protections for family members of military service members.

    Employers with 15 or more employees must provide unpaid leave to an employee who is the spouse or parent of a military service member called to active duty. The leave duration varies based on the size of the employer: up to 15 days for employers with 15 to 50 employees and up to 30 days for employers with more than 50 employees. The active duty must last at least 179 days for the employee to be eligible.

    To qualify, employees must meet the same eligibility criteria as for FMLA. If leave is requested for more than five days, the employer may require at least 14 days’ notice and documentation to verify the request. Employees on leave may continue their benefits at their own expense, and employers must offer the same or an equivalent position upon the employee’s return.

    Payout

    Military leave in Nebraska is unpaid.

    Voting Leave in Nebraska

    Employees are entitled to 2 hours of paid time off to vote.

    Nebraska law entitles employees who are registered to vote to up to two consecutive hours of paid leave to vote in any municipal, county, state, or federal election. However, employers are not required to provide voting leave if the employee has at least two consecutive hours of non-working time while the polls are open. Employers may specify when the leave can be taken, and advance notice is required.

    Payout

    Employers must pay regular wages during this absence if the employee gives notice before election day.

    Nebraska State Holidays in 2024

    Nebraska law does not require private employers to provide holiday leave.

    Private employers in Nebraska are not obligated to offer paid or unpaid leave for holidays. They may also require employees to work on holidays. Despite this, most employers in Nebraska do provide at least some paid holidays. The state officially observes 12 holidays.

  • Kentucky Leave Laws And Holidays

    Kentucky Leave Laws And Holidays

    Understanding Paid Time Off (PTO) and leave policies under Kentucky Leave Laws is essential for both employers and employees. Kentucky Leave Laws provides flexibility in managing vacation, sick leave, and other types of leave, including “Day Off,” allowing companies to customize their policies. This guide covers key aspects of PTO, including vacation accrual, sick leave, maternity and paternity leave, and other time off, helping you navigate leave entitlements in Kentucky. Whether you’re crafting company policies or understanding your rights as an employee, this article provides the essential insights you need.

    Paid Time Off (PTO) in Kentucky

    Vacation Leave Quota

    In Kentucky, there are no legally mandated vacation days. The state law does not require employers to provide vacation time or compensation for unused vacation days. This means that private-sector employers in Kentucky are not obligated to offer paid or unpaid vacation leave to their employees. The decision to offer vacation leave is entirely at the discretion of each individual company. However, if an employer decides to provide vacation leave, they must adhere to relevant state laws, established company policies, and the terms of employment contracts.

    Accrual

    While vacation accrual is not mandatory in Kentucky, it is a common practice among employers. Companies are generally free to create their own vacation accrual systems, which can be based on weekly, semi-monthly, or monthly increments, typically aligned with the pay period.

    Employers may also impose caps on the amount of leave an employee can accrue, limiting the total number of vacation hours an employee can accumulate. There is no federal or state law in Kentucky that requires employers to pay out an employee’s accrued vacation or other PTO upon termination of employment.

    Roll Over

    In Kentucky, a Use-It-or-Lose-It policy is not prohibited by law, which means that employers are not required to allow employees to carry over unused vacation leave into the next year. This policy means that employees could potentially lose their remaining vacation days if they do not use them by the end of the year. Despite this, employers must ensure that employees have the opportunity to take their vacation time and be informed of the Use-It-or-Lose-It policy.

    Statutory Provisions Addressing Vacation Pay

    Vacation benefits in Kentucky are governed by the employment contract between the employer and employee. If an employer offers “vested vacation pay,” it is considered regular wages.

    Payment of Accrued, Unused Vacation on Termination

    Kentucky leave laws does not require employers to pay out accrued vacation time upon an employee’s termination. However, if an employer’s policy includes “vested vacation pay,” the employer is obligated to compensate the departing employee for any unused vacation time, regardless of whether the employee was terminated or resigned voluntarily. The terms of when and how vacation time vests depend on the company’s policies or any written agreements between the employer and the employee.

    Payout

    Employers are required to pay for accrued, unused vacation time upon termination only if their company policy explicitly promises this payout.

    Sick Leave in Kentucky

    Federal Law – Leave Quota

    Under federal law, specifically the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected sick leave. This leave can be used for personal medical reasons, to care for a close family member with a serious health condition, or for maternity or paternity leave.

    Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, with a minimum of 25 hours per week or 1,250 hours in the past year, and work at a location with at least 50 employees within a 75-mile radius.

    Kentucky State Laws

    Kentucky does not require private employers to provide paid or unpaid sick leave. However, many employers, particularly larger companies, do offer sick leave as an important employee benefit. While Kentucky adheres to the FMLA, there are no additional state laws mandating sick leave. If an employer chooses to provide sick leave benefits, they must comply with the terms outlined in employment contracts or employee handbooks, potentially creating a legal obligation to provide such leave.

    Maternity, Paternity, and FMLA in Kentucky

    Federal Law

    The FMLA also provides up to 12 weeks of unpaid leave for maternity or paternity purposes following the birth or adoption of a child. Unless otherwise specified by the employer, this leave must be taken in a continuous block. Eligibility requirements for FMLA leave include having worked for the employer for at least 12 months and at a location with at least 50 employees within a 75-mile radius.

    The Pregnancy Discrimination Act (PDA) further protects pregnant employees from discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, and leave policies.

    Additional State Laws in Kentucky

    Kentucky has specific laws regarding adoption leave. Employers in the state are required to provide employees with six weeks of personal leave following the adoption of a child under 10 years of age. If an employer offers more than six weeks of leave for the birth of a biological child, they must extend the same amount of leave to adoptive parents. Additionally, adoptive parents must receive the same type, amount, and length of paid leave and benefits as biological parents. Employees must submit a written request to their employer to be granted adoption leave.

    The Kentucky Civil Rights Act (KCRA) mandates that employers with at least 15 employees provide reasonable accommodations for workers affected by pregnancy or childbirth. These accommodations may include more frequent breaks, modified work schedules, and a private space for expressing breast milk.

    Payout

    Maternity leave in Kentucky is generally unpaid.

    Bereavement Leave in Kentucky (Funeral Leave)

    Kentucky does not require employers to provide bereavement leave. Bereavement leave allows employees to take time off following the death of a close family member. Although no federal or state law mandates paid or unpaid bereavement leave, employers who offer it must adhere to any established bereavement policies.

    Payout

    Bereavement leave in Kentucky is typically unpaid.

    Jury Duty Leave in Kentucky

    Employers in Kentucky are required to excuse employees from work to serve on a jury. This leave is job-protected but unpaid. Employees may be required to provide their employer with a jury summons to be granted the necessary leave. Employers cannot penalize employees for missing work due to jury duty.

    Payout

    Jurors in Kentucky receive a daily stipend of $12.50 from the court for their service. Employers are not required to pay employees during jury duty leave, although many choose to do so due to the importance of civic duty.

    Military Leave in Kentucky

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights to public and private employees with military obligations. It applies to all employers in the United States and protects National Guard and reserve members. USERRA ensures that employees can return to their previous or an equivalent position after military leave, with their seniority and benefits intact.

    Kentucky State Law

    Kentucky law may offer additional protections, benefits, and rights beyond those provided by USERRA. Members of the Kentucky National Guard, or the National Guard of any other state, are entitled to unlimited leave for training or active duty, with the right to return to their previous position with the same seniority, status, pay, and benefits. Employers are prohibited from discriminating against employees for their military service.

    Payout

    Military leave in Kentucky is unpaid.

    Voting Leave in Kentucky

    Kentucky law requires employers to provide employees with at least four hours of unpaid leave to vote in any election. Employers may specify the hours during which employees may take this leave. However, employees must apply for leave one day before the election. Employers cannot penalize employees for taking time off to vote, but they may take disciplinary action if the employee fails to vote without a valid reason.

    Payout

    Voting leave in Kentucky is unpaid.

    Kentucky State Holidays in 2024

    Kentucky law does not require private employers to provide paid or unpaid holiday leave. While many employers offer at least seven paid holidays, there is no legal obligation to do so. Private employers may require employees to work on holidays without providing premium pay unless the employee qualifies for overtime under standard overtime laws.

    Kentucky officially observes 13 state holidays.

  • Kansas Leave Laws And Holidays

    Kansas Leave Laws And Holidays

    Understanding Kansas Leave Laws and Paid Time Off (PTO) policies, including how to effectively use tools like Day Off, is essential for employers and employees alike. Kansas leave laws provides significant flexibility in managing vacation, sick leave, and other time-off, but with that comes the responsibility to follow company policies and employment contracts. This article offers a concise overview of Kansas’s PTO and leave regulations, covering vacation accrual, roll-over policies, sick leave, jury duty, and military leave, to help you navigate time-off management in the state.

    Paid Time Off (PTO) in Kansas

    Kansas leave laws does not mandate specific vacation days or payment requirements, leaving it to companies to adhere to their own policies or employment contracts. Employers in Kansas are not legally obligated to provide vacation leave, either paid or unpaid. However, if an employer chooses to offer vacation leave, they must follow relevant state laws, company policies, and employment contracts.

    Employers have significant flexibility in crafting vacation leave policies that align with their business needs and employee preferences. Nonetheless, it is crucial for employers to recognize that if their practices or policies create a perceived “promise” of vacation time, they may be legally bound to honor that promise, even in the absence of a state requirement.

    Accrual of Vacation Days

    Kansas law does not mandate vacation accrual, but it is a common practice among employers. Employers have the liberty to design their own vacation accrual systems, whether on a weekly, semi-monthly, or monthly basis, typically corresponding with pay periods. Employers may also impose caps on accrued leave to prevent employees from accumulating vacation beyond a certain limit.

    There are no federal or state laws that require employers to offer accrued time off.

    Roll Over of Unused Vacation Days

    Kansas law permits the implementation of a “Use-It-or-Lose-It” policy, meaning employers are not required to allow employees to roll over unused vacation days into the following year. Under this policy, employees forfeit any unused vacation days at the end of the year without compensation. However, employers must ensure that employees are both aware of and given the opportunity to use their vacation time.

    Statutory Provisions for Vacation Pay

    Kansas law does not mandate vacation time. Employers must provide written or posted information about vacation policies or practices if requested by employees.

    Payment of Accrued, Unused Vacation upon Termination

    Kansas law does not require employers to pay out accrued, unused vacation time when an employee’s employment ends unless there is a policy or practice in place that dictates such payment. Employers must adhere to their own policies regarding the payment of unused vacation time at termination.

    Employers may create policies where vacation pay is only earned upon reaching an anniversary date, allowing them to withhold payment if an employee leaves before that date.

    Sick Leave in Kansas

    Federal law mandates up to 12 weeks of unpaid sick leave, with no additional state laws in Kansas. The federal Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid leave for personal medical reasons, to care for a close family member with a serious health condition, or for maternity or paternity leave.

    To qualify for FMLA benefits, employees must have worked for their employer for at least 12 months, clocking at least 1,250 hours during the previous year, and must be employed at a location with 50 or more employees within a 75-mile radius.

    While Kansas employers are required to comply with FMLA, they are not required to provide additional sick leave. However, if an employer chooses to implement a sick leave policy, they must adhere to the guidelines outlined in their employee handbook.

    Maternity, Paternity, and FMLA in Kansas

    The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave for maternity or paternity purposes. Employers are required to offer at least 12 weeks of unpaid family leave following the birth or adoption of a child. Unless specified otherwise by the employer, the leave must be taken in one continuous period.

    FMLA eligibility is the same as for sick leave. Additionally, the Pregnancy Discrimination Act (PDA) protects pregnant employees from discrimination in various aspects of employment, including hiring, firing, pay, and promotions. The PDA applies to employers with more than 15 employees.

    In Kansas, the Kansas Act Against Discrimination (KAAD) mandates that employers with four or more employees provide reasonable leave for pregnancy-related temporary disabilities. This act also protects employees from sex and pregnancy discrimination. Pregnancy-related disabilities must be treated the same as any other temporary disability, with employees being allowed to use accrued vacation, sick, or PTO days during their leave.

    Bereavement Leave in Kansas

    Kansas law does not require employers to provide bereavement leave. Bereavement leave is granted to employees who have lost a close family member, such as a parent, child, or spouse. Employers may establish their own bereavement leave policies, but they are not legally required to offer paid or unpaid leave for this purpose.

    Jury Duty Leave in Kansas

    Employers in Kansas must allow employees to take unpaid, job-protected leave for jury duty. Employees must be reinstated to their previous position, with the same seniority and benefits, after completing their jury service. Employers cannot retaliate against employees for serving on a jury.

    While the court pays jurors a nominal fee of $10.00 per day, Kansas employers are not required to pay employees for jury duty leave, although many choose to do so.

    Military Leave in Kansas

    Federal law, through the Uniformed Services Employment and Reemployment Rights Act (USERRA), requires employers to provide unpaid leave for military duties. USERRA protects members of the Army and Air National Guard, granting them reinstatement rights, protection from discrimination, and the continuation of group health insurance for up to 24 months during active duty.

    Kansas state law provides additional protections, including unlimited leave and reinstatement rights to the same or comparable position after military service. Employers are also required to grant up to 10 days of unpaid leave every 12 months for National Guard members to attend training camps. Public employees may receive limited paid leave and retention of benefits.

    Voting Leave in Kansas

    Kansas law requires employers to provide up to two consecutive hours of paid leave for employees to vote in elections. If the polls are open outside of an employee’s working hours, the employer must provide enough leave to ensure the employee has at least two consecutive hours to vote.

    Employers cannot penalize or discharge employees for taking time off to vote. Any obstruction of voting rights is classified as a misdemeanor.

    Kansas State Holidays in 2024

    Kansas law does not require private employers to provide paid or unpaid leave for holidays. While private employers in Kansas are not mandated to offer holiday leave, many do, typically offering at least seven paid holidays. Employers are not required to pay employees extra for working on holidays, unless it benefits the employee under standard overtime laws.

    Kansas officially recognizes 10 state holidays.

  • Connecticut Leave Laws And Holidays

    Connecticut Leave Laws And Holidays

    Navigating Connecticut Leave Laws can be complex, with both federal and state regulations shaping Paid Time Off (PTO) and other types of leave, including day off policies. This guide simplifies the key aspects of Connecticut’s leave policies, covering vacation, sick leave, family and medical leave, and more. Whether you’re an employer or an employee, this overview will help you understand your rights and obligations regarding PTO, day off, and other leave entitlements in Connecticut.

    Paid Time Off (PTO) in Connecticut

    Vacation Leave Quota

    Connecticut leave laws does not require employers to provide vacation leave, whether paid or unpaid. However, if an employer decides to offer vacation benefits, they must adhere to the terms specified in the employment contract or company policy. In unionized workplaces, vacation leave is a negotiable item and must be defined in a collective bargaining agreement.

    Accrual

    While Connecticut does not mandate vacation accrual, many companies implement it as part of their benefits package. For certain employers, sick leave accrual is required. Employers may also set a cap on the amount of vacation leave that employees can accumulate, ensuring that vacation hours do not exceed a certain limit.

    Roll Over

    Connecticut leave laws allows employers to implement a “Use-It-or-Lose-It” policy, which means that employees are not entitled to carry over unused vacation leave to the next year unless the employer’s policy explicitly permits it. The state does not have specific laws governing this policy, so it depends on the employer’s terms and conditions.

    Statutory Provisions Addressing Vacation Pay

    Under Connecticut leave laws, vacation time is not classified as “wages.” The right to vacation leave and the terms under which it is provided are governed by the employment contract or collective bargaining agreement. Therefore, if an employer offers vacation benefits, the specific provisions of the contract or agreement will dictate the amount and conditions of vacation time.

    Payment of Accrued, Unused Vacation on Termination

    Connecticut law does not require employers to pay employees for accrued, unused vacation time upon termination unless the employment contract or company policy stipulates such a payment. If the employer’s policy or contract includes provisions for paying out accrued vacation time, the employer is obligated to follow them. Failure to comply may result in penalties, including the possibility of paying twice the amount of unpaid wages and facing fines or imprisonment, depending on the amount owed.

    Payout

    In cases where the employer’s policy or contract requires it, accrued, unused vacation time must be paid out upon termination.

    Sick Leave in Connecticut

    Federal Laws – Leave Quota

    Employers in Connecticut must comply with the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons. To qualify for FMLA, employees must have worked for the employer for at least one year, completed a minimum of 1,250 hours over the past year, and work at a location where the employer has 50 or more employees within 75 miles.

    State Sick Leave Laws in Connecticut

    Connecticut has a mandatory sick leave law that requires employers with 50 or more employees to provide paid sick leave to their service workers. These employees earn one hour of paid sick leave for every 40 hours worked, with a cap of 40 hours per year.

    Eligible Employers and Employees

    The Connecticut Paid Sick Leave Law applies to large employers with 50 or more employees in any quarter of the previous calendar year. The law specifically targets service workers, defined as those employed in certain occupational classifications, paid hourly, and not exempt from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). To be eligible, employees must work an average of at least 10 hours per week.

    Accrual Rate and Maximum

    Employees accrue one hour of paid sick leave for every 40 hours worked, with a maximum accrual of 40 hours per year.

    Rollover Rules

    Employees may roll over up to 40 hours of unused sick leave to the next year, but they are only entitled to use up to 40 hours of sick leave in a single year.

    Paid Sick Leave Use

    Employees can use their sick leave for their own or their spouse’s or child’s illness, injury, or medical care. The law also covers time off for domestic violence or sexual assault, including medical and psychological care.

    2023 Update

    As of October 1, 2023, Connecticut expanded the permissible uses of paid sick leave to include “mental health wellness days” and leave for parents or guardians to care for children affected by family violence or sexual assault.

    Waiting Period

    Although employees begin accruing sick leave immediately upon employment, they can only use it after working 680 hours. For employees working eight-hour days, this equates to 85 days of employment.

    Protection

    Employers are prohibited from retaliating against employees who request or use eligible paid sick leave.

    Payout

    Employers are required to pay for eligible sick leave.

    Connecticut Family and Medical Leave (CTFMLA)

    Connecticut Family and Medical Leave (CTFMLA)

    In addition to FMLA, Connecticut has its own family and medical leave law (CTFMLA), which requires employers with 75 or more employees to provide up to 16 weeks of unpaid, job-protected leave every 24 months. Employees are eligible for this leave if they have worked for the employer for at least one year and have completed a minimum of 1,000 hours during that period.

    Paid Family and Medical Leave Act (PFMLA)

    Connecticut’s Paid Family and Medical Leave Act (PFMLA) became effective on January 1, 2022. This program is funded by employee payroll deductions, which began on January 1, 2021. Employees who meet the eligibility criteria may receive up to 12 weeks of paid leave in a year, with an additional two weeks available for pregnancy-related health conditions. Benefits can be as high as 95% of the employee’s regular weekly pay, capped at 60 times the state minimum wage.

    Eligibility for PFMLA

    To qualify for PFMLA benefits, employees must have earned $2,325 in the highest-earning quarter of the previous four quarters and must be currently employed or have been employed within the last 12 weeks.

    Covered Reasons

    PFMLA covers various reasons, including the birth or adoption of a child, caring for a family member with a serious health condition, the employee’s serious health condition, organ or bone marrow donation, and certain situations related to military service.

    Payout

    PFMLA is funded through mandatory payroll deductions from employees’ wages.

    Maternity, Paternity, and FMLA in Connecticut

    Federal Law

    The FMLA provides 12 weeks of unpaid maternity/paternity leave for eligible employees working for employers with 50 or more workers. This leave is job-protected and applies to both the birth of a child and adoption.

    Connecticut Family and Medical Leave (CTFMLA)

    The CTFMLA allows eligible employees to take up to 16 weeks of unpaid leave over a 24-month period for the birth or adoption of a child or the placement of a foster child. The CTFMLA applies only to employers with 75 or more employees, and employees must have worked 1,000 hours in the preceding 12 months to be eligible.

    Paid Family and Medical Leave Act (PFMLA)

    Under Connecticut’s PFMLA, eligible employees can take up to 12 weeks of paid leave in a 12-month period, with an additional two weeks available for pregnancy-related health conditions. This leave is funded through employee payroll deductions.

    Pregnancy Discrimination and Accommodation in the Workplace

    Connecticut leave laws requires employers with three or more employees to provide unpaid pregnancy leave for disabilities related to pregnancy or childbirth, typically lasting 6 to 8 weeks. The law also protects against discrimination related to pregnancy, childbirth, or related conditions such as breastfeeding and mandates reasonable accommodations, job protection, and reinstatement.

    Bereavement Leave in Connecticut

    Connecticut law does not require employers to provide paid or unpaid bereavement leave. However, employers who choose to offer such leave must adhere to their established policy or practice.

    Jury Duty Leave in Connecticut

    Connecticut law requires employers to provide employees with five days of paid leave for jury duty. After the fifth day, the state pays a stipend of $50 per day. Employers must not fire or otherwise penalize employees for serving on a jury.

    Military Leave in Connecticut

    Employers in Connecticut must allow employees to take unpaid leave for military duty, including meetings or drills. Additionally, employers subject to the Connecticut Family and Medical Leave Act must allow up to 26 workweeks of leave in any 12-month period to care for a family member injured in the line of duty. This leave is unpaid.

    Voting Leave in Connecticut

    Connecticut law mandates that employers provide two hours of unpaid leave for voting on election day. Employees must request this time off at least two working days in advance. This law is in effect until June 30, 2024.

    Connecticut State Holidays for 2024

    Private employers in Connecticut are not required by law to provide holiday leave. If an employer does offer paid or unpaid holiday leave, they must follow their established company policy or employment contract. Connecticut officially observes 13 state holidays.

    This comprehensive overview of Connecticut’s leave policies highlights the various types of leave employees may be entitled to, along with the corresponding legal requirements for employers.

  • Colorado Leave Laws And Holidays

    Colorado Leave Laws And Holidays

    Understanding Colorado leave laws, including leave management, Paid Time Off (PTO), and Day off policies, is essential for both employers and employees. This article provides a clear overview of key aspects of leave policies in Colorado, covering state and federal regulations, employer obligations, and employee rights. Whether you’re shaping workplace policies or seeking to know your entitlements, this guide will help you navigate Colorado’s Day off and leave laws effectively.

    Paid Time Off (PTO) in Colorado

    Leave Quota

    Colorado leave laws does not mandate vacation days. There is no legal requirement for employers to provide paid or unpaid vacation time. However, if employers opt to offer vacation leave, they must adhere to state laws, established company policies, or employment contracts. Even though providing vacation time isn’t mandatory, any accrued vacation time must be compensated upon an employee’s departure. This is stipulated under Colo. Rev. Stat. § 8-4-101(14)(a)(III).

    Company Vacation Policies

    Company vacation policies may cover several aspects, such as:

    • Whether vacation pay is available
    • The amount of vacation pay provided annually or over a specific period
    • How vacation pay is accrued—whether it’s granted all at once or gradually over time (weekly, monthly, etc.)
    • Whether there’s a cap on the amount of vacation time that can be accrued annually or beyond

    In workplaces governed by a collective bargaining agreement, vacation policies—both paid and unpaid—are mandatory subjects of negotiation.

    Accrual

    While accrual of vacation leave is not required by law in Colorado, many employers choose to implement such a system. Employers can set a reasonable cap on vacation accrual, limiting the number of hours employees can accumulate.

    Carryover

    Colorado leave laws prohibits “Use-It-or-Lose-It” policies for vacation, sick leave, or any other type of accrued paid leave. Colorado is among a select few states, including California, Nebraska, and Montana, where such policies are not permitted. It is illegal for employers to require employees to forfeit unused vacation time after a certain date, such as the end of the year. As a result, employers must allow employees to carry over unused vacation time into the following year.

    This prohibition on “Use-It-or-Lose-It” policies was established by a Colorado Supreme Court ruling in June 2021. Nevertheless, employers may impose a ceiling on the number of vacation days that can be accrued.

    Payment of Accrued, Unused Vacation Upon Termination

    Employers are required to compensate employees for any accrued vacation time upon the end of employment. Employers cannot legally enforce a policy or agreement that denies employees payment for accrued vacation leave. However, while vacation leave is considered wages under the law, it is explicitly stated that employers are not required to pay out unused sick leave at termination.

    Strict guidelines, including the employer’s past practices, industry standards, and mutual understandings between employer and employee, help determine when vacation time is considered “earned” under a specific policy.

    Payout
    Employers are responsible for paying out earned vacation leave.

    Sick Leave in Colorado

    Federal Laws: Leave Quota

    Federal law entitles Colorado employees to up to 12 weeks of unpaid Family and Medical Leave Act (FMLA) sick leave annually.

    The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specific family and medical reasons, including serious health conditions, maternity or paternity leave, or the need to care for a spouse or child. To qualify for FMLA, employees must have been employed by their employer for at least one year, worked a minimum of 1,250 hours over the past year, and be employed at a location where the company has 50 or more employees within 75 miles.

    Colorado State Laws: Paid Sick Leave

    Under Colorado’s Healthy Families and Workplaces Act (HFWA), which took effect on January 1, 2021, employers are required to provide 1 hour of paid sick leave for every 30 hours worked. Initially, this law applied to employers with more than 16 employees. As of January 1, 2022, it extends to all employers in both the private and public sectors, regardless of the number of employees.

    Accrual Rate and Carry Over

    Employees accrue 1 hour of paid sick leave for every 30 hours worked, with a cap of 48 hours (6 days). Unused paid sick leave can be carried over to the next year, up to a maximum of 48 hours.

    Waiting Period

    The HFWA prohibits employers from imposing a waiting period for paid sick leave. Employees begin accruing paid sick leave as soon as their employment starts, and they may use it as soon as it is accrued. Employers can require documentation from employees who take four or more consecutive paid sick days.

    Permitted Uses of Paid Sick Leave

    Paid sick leave can be used for the following purposes:

    • To address a personal illness, injury, or health condition, or to seek medical diagnosis, care, treatment, or preventive care
    • To care for a family member with a similar health issue or preventive care needs
    • If the employee or a family member has been a victim of domestic violence, sexual assault, or harassment, necessitating time off for related reasons
    • When a public health emergency leads to the closure of the employee’s child’s school or place of business, requiring the employee’s absence from work

    Payout of Sick Leave
    Employers are responsible for paying out sick leave.

    Colorado’s New FAMLI Program Started in 2023

    In November 2020, Colorado voters passed Proposition 118, paving the way for the Paid Family and Medical Leave Insurance (FAMLI) program. This program provides most Colorado workers with up to 12 weeks of paid time off to care for themselves or their families during significant life events that require them to take a leave of absence from work.

    Eligible reasons for taking leave under the FAMLI program include serious health conditions, the birth or adoption of a child, caring for a family member with a serious health condition, managing family member military deployment arrangements, or seeking safe leave due to domestic violence.

    Contributions to this program by employers and employees began on January 1, 2023, with benefits becoming available on January 1, 2024. The program is funded by a payroll tax, initially set at 0.9% of an employee’s wages, split evenly between employers and employees. This tax will increase over time. Small employers with fewer than 10 employees are exempt from the employer premium.

    Employees who have worked for their employer for at least 180 days and earn a minimum of $2,500 annually are generally eligible for paid family leave.

    Employers should plan ahead for the implementation of this new payroll tax, inform their employees about the new policy, and establish procedures for managing the initiative.

    Payout
    Paid family and medical leave under the FAMLI program is funded by payroll taxes paid equally by employers and employees.

    Maternity, Paternity, and FMLA in Colorado

    Federal Law

    The Family and Medical Leave Act (FMLA) mandates that Colorado employers with 50 or more employees provide up to 12 weeks of unpaid maternity or paternity leave to expectant and new parents. As a federal law, FMLA is the primary regulation in the U.S. for establishing these leave policies. The provisions are generally consistent across the country. For detailed information about FMLA, refer to the “Sick Leave in Colorado => Federal Laws: Leave Quota” section above.

    The Pregnancy Discrimination Act (PDA), another federal law, prohibits discrimination based on pregnancy in any employment aspect, including hiring, firing, promotions, and fringe benefits. This law applies to employers with 15 or more employees.

    Additional State Laws in Colorado

    Colorado leave laws has additional maternity and paternity leave laws, including the Pregnant Workers Fairness Act, which requires employers to provide reasonable accommodations to pregnant employees. These accommodations may include more frequent or longer breaks, light-duty work, job restructuring, equipment modifications, or adjusted work schedules.

    The Adoptive Parents Leave law mandates that employers who offer parental leave to biological parents must also extend the same leave to adoptive parents, though this requirement does not apply to step-parent adoptions. The law does not require employers to provide leave initially but ensures that adoptive parents receive equal treatment as biological parents.

    The FAMLI program, mentioned above, also provides paid leave for new parents following the birth or adoption of a child. Employees may receive up to 12 weeks of partial pay, with an additional four weeks available for those experiencing pregnancy or childbirth complications.

    Payout
    FMLA-mandated maternity leave is unpaid, while the FAMLI program is supported by payroll taxes paid equally by employers and employees.

    Bereavement Leave in Colorado

    There is no federal or state requirement for Colorado employers to provide paid or unpaid bereavement leave. Employers who choose to offer bereavement leave must adhere to the specific policy or practice they have established.

    Payout
    Bereavement leave is generally unpaid.

    Jury Duty Leave in Colorado

    Colorado leave laws requires employers to provide paid, job-protected leave to employees serving on a jury. Employers must compensate regular employees up to $50 per day for the first three days of trial or grand jury service unless a higher amount has been agreed upon. From the fourth day onwards, the state pays a $50 per diem to regular employees.

    Employees called for jury duty must be excused from work, and part-time or temporary employees who have worked for the same employer for at least three months are considered “regularly employed” and are eligible for jury duty leave. Colorado law also protects employees from job termination, harassment, or any form of retaliation for fulfilling their jury service obligations.

    Employees are not entitled to compensation for time spent testifying, responding to subpoenas, or acting as plaintiffs or defendants in court.

    Payout
    Employers pay for the first three days of jury service. The state covers payment from the fourth day onward.

    Military Leave in Colorado

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all employers in the U.S. It protects the employment rights of Army and Air National Guard members called to federal service. Under USERRA, employers are prohibited from discriminating against employees who serve in the military. Additionally, for one year after returning from military service, an employee can only be terminated for good cause.

    Colorado State Law

    In addition to USERRA, Colorado state law provides additional protections for state and U.S. military service members. Employees called to active service are entitled to unlimited unpaid leave and must be reinstated to their previous positions with all the wages, seniority, and benefits they would have accrued if continuously employed.

    Colorado leave laws also grants up to 15 days of unpaid leave per year for National Guard or U.S. armed forces members to attend military exercises. These employees have reinstatement rights to their previous positions if they remain qualified for the job.

    Public employees in Colorado are eligible for additional benefits, such as paid annual military leave, additional military leave, reinstatement rights, and retention of benefits.

    Voting Leave in Colorado

    Colorado law provides registered employees with up to two hours of paid leave to vote in any primary or general election. Employees must request this leave at least one day before the election. Employers can choose the hours during which employees can be absent, although employees may request to take this leave at the start or end of their shifts. If an employee’s shift starts at least three hours after the polls open or ends at least three hours before they close, the employer is not required to provide voting leave.

    Employers are prohibited from penalizing or dismissing employees for taking voting leave.

    Payout
    Employers are responsible for paying employees for voting leave.

    Colorado State Holidays in 2025

    Colorado law does not require private employers to offer holiday leave. Employers in the private sector are not obligated to provide paid or unpaid time off for holidays and may require employees to work on holidays. Additionally, Colorado wage law neither mandates nor prohibits extra pay for holiday work. When employees are compensated for a non-working holiday, those hours do not count toward overtime unless actual work was performed on the holiday.

    If private employers choose to provide holiday leave, whether paid or unpaid, they must follow their established company policy or the terms of an employment contract.

    Colorado officially recognizes 11 state holidays.

    Colorado Leave Laws FAQ

    Is vacation leave mandatory in Colorado?

    No. Colorado law does not require employers to provide vacation leave. However, if an employer chooses to offer it, they must treat it as earned compensation. This means any unused, accrued vacation must be paid out to the employee when their employment ends.

    Can employers enforce “Use-It-or-Lose-It” policies in Colorado?

    No. Colorado prohibits “Use-It-or-Lose-It” vacation policies. Employees must be allowed to carry over any unused, accrued vacation time, and employers cannot require them to forfeit it after a specific date.

    Do employees receive paid sick leave in Colorado?

    Yes. Under the Healthy Families and Workplaces Act (HFWA), all employees in Colorado accrue paid sick leave at a rate of 1 hour for every 30 hours worked, up to 48 hours per year. Unused sick leave can roll over into the next year, up to the same cap.

    When can Colorado employees start using accrued sick leave?

    Employees begin accruing paid sick leave from their first day of employment and can use it as soon as it is earned. Employers cannot impose any waiting period.

    What is the FAMLI program?

    The Family and Medical Leave Insurance (FAMLI) program is a state-run initiative that provides eligible Colorado workers with up to 12 weeks of paid leave for qualifying life events. These include serious health conditions, bonding with a new child, or caring for a family member. Funded by payroll taxes, benefits became available in January 2024.

    Is maternity or paternity leave paid in Colorado?

    Unpaid leave is available through the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of job-protected leave. In addition, paid leave may be available through the FAMLI program or specific employer policies.

    Are employers required to provide bereavement leave?

    No. Colorado law does not require employers to offer bereavement leave. However, if a company chooses to offer it, they must adhere to their established policy or employment agreements.

    What are the rules for jury duty leave?

    Colorado employers must provide job-protected leave for jury duty and pay regular employees up to $50 per day for the first three days of service. From the fourth day onward, the state provides compensation. Retaliation or termination due to jury duty is prohibited.

    How does military leave work in Colorado?

    Under both state and federal law, employees called to military service are entitled to unpaid leave and must be reinstated to their previous position upon return. Public employees may also receive additional benefits, including paid military leave.

    Do employees get paid time off to vote?

    Yes. Colorado law grants up to two hours of paid leave to vote in a primary or general election. This applies only if the employee’s work schedule does not otherwise allow three consecutive hours before or after their shift to vote.

    Are employers required to provide holiday leave in Colorado?

    No. Private employers are not required to offer holiday leave, paid or unpaid, nor are they obligated to provide additional pay for employees who work on holidays. However, if holiday benefits are provided, employers must comply with their own policies or contractual terms.

    Smarter time off tracking starts here.

    Sign up for free

    Conclusion

    Understanding Colorado’s leave laws is vital for both employees and employers. From PTO and sick leave to jury duty and family leave, these regulations ensure fair treatment and clarity in the workplace. By staying informed and adhering to state and federal guidelines, organizations can build a compliant and supportive work environment, while employees can confidently exercise their rights to time off when it matters most.

  • Iowa Leave Laws And Holidays

    Iowa Leave Laws And Holidays

    Iowa leave laws offer employers significant flexibility in managing paid time off (PTO) and other types of leave. Unlike many states, Iowa doesn’t mandate specific leave policies, leaving it up to employers to set their own guidelines. Whether you’re using tools like Day Off to track PTO or simply navigating these policies, this article provides a concise overview of the key regulations and common practices for PTO, sick leave, maternity leave, bereavement leave, and more in Iowa, helping both employers and employees understand their rights and responsibilities.

    Paid Time Off (PTO) in Iowa

    Leave Quota

    In Iowa leave laws, there is no legal requirement for employers to provide vacation days to employees. State law does not mandate vacation leave, leaving the decision to individual employers. This means that companies have the freedom to develop their own vacation policies. While offering vacation benefits is not obligatory, many employers choose to do so as it is a highly valued perk for employees. If a company decides to offer vacation leave, it must adhere to the terms outlined in its own policies or employment contracts.

    However, state employees in Iowa are entitled to some form of paid vacation.

    Accruals

    Although Iowa does not require employers to provide vacation accruals, many businesses opt to implement them. Employers can establish their own systems for accruing vacation time, which can be on a weekly, semimonthly, or monthly basis, often tied to the pay period. Additionally, employers may set a cap on the amount of vacation leave an employee can accrue, preventing accumulation beyond a certain number of hours. For new hires, a waiting period during which no vacation time is accrued is also permissible.

    Roll Over

    Iowa leave laws does not prohibit the use of a “Use-It-or-Lose-It” policy. Employers in Iowa are not required to allow employees to carry over unused vacation time into the next year. Under a Use-It-or-Lose-It policy, employers are not obligated to pay employees for any unused vacation days at the end of the year, meaning employees may forfeit their remaining vacation time without compensation. However, employers must ensure that employees have had a reasonable opportunity to take their vacation and must clearly communicate the policy to them.

    Statutory Provisions Addressing Vacation Pay

    If an employer chooses to provide paid vacation benefits, it must follow the terms of its policy or employment contract. In Iowa, paid vacation benefits are considered part of an employee’s wages.

    Payment of Accrued, Unused Vacation on Termination

    The issue of whether employees receive payment for accrued, unused vacation upon termination is governed by the employer’s policy or employment contract. Employers in Iowa may establish policies or contracts that prevent employees from receiving payment for accrued vacation leave upon termination. Employers may also include conditions, such as providing two weeks’ notice, that must be met for the employee to receive payment for unused leave. If the policy or contract does not address this issue, the employer is not required to pay out accrued vacation leave when employment ends.

    Sick Leave in Iowa

    Federal Law – Leave Quota

    The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for personal or family medical reasons. This includes caring for a seriously ill family member, dealing with one’s own medical condition, or maternity and paternity leave.

    To qualify for FMLA benefits, an employee must have been employed by the company for at least 12 months, working a minimum of 1,250 hours during that period, and must work at a location where the employer has at least 50 employees within a 75-mile radius. Employers may also offer additional sick leave benefits beyond the federal requirement.

    Iowa State Laws

    Iowa does not have additional state-specific sick leave laws. Employers in Iowa are required to comply with FMLA, but beyond that, they are not required to provide either paid or unpaid sick leave. However, if an employer decides to implement a sick leave policy, they must adhere to the terms outlined in their employee handbook.

    Maternity, Paternity, FMLA in Iowa

    Federal Law

    Under the FMLA, eligible employees in the U.S. are entitled to 12 weeks of unpaid leave for the birth or adoption of a child. Unless the employer specifies otherwise, this leave must be taken consecutively.

    The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant employees, prohibiting discrimination in all aspects of employment, including hiring, pay, job assignments, and benefits. This law applies to employers with 15 or more employees.

    Additional State Laws in Iowa

    In addition to federal protections, the Iowa Civil Rights Act requires employers with at least four employees to provide up to eight weeks of unpaid leave for temporary disabilities related to pregnancy and childbirth. This law ensures that pregnancy-related disabilities are treated the same as other temporary disabilities.

    If an employee has a pregnancy-related disability and no other leave options are available, or if those options have been exhausted, the employee is entitled to leave. Employees must give the same notice for this leave as they would for any other disability leave.

    Bereavement Leave in Iowa (Funeral Leave)

    Iowa does not require employers to provide bereavement leave, whether paid or unpaid, for the death of a close relative. Employers may choose to offer this type of leave at their discretion, and if they do, they are expected to follow any policies they have established.

    Jury Duty Leave in Iowa

    Iowa law mandates that employers provide employees with unpaid time off for jury duty. Employees are entitled to job-protected leave when serving on a jury, responding to a subpoena, or participating in a legal proceeding as a witness or party. Employees must provide notice of their jury summons to their employer to qualify for this leave. Employers are prohibited from penalizing employees for fulfilling their jury duty obligations.

    Military Leave in Iowa

    Employers in Iowa are required to grant unpaid leave to eligible employees called to active duty. This protection extends to members of the National Guard, organized reserves of the armed forces, and the Civil Air Patrol. Upon returning from duty, employees are entitled to be reinstated to their previous position or a comparable one, provided they present evidence of satisfactory service completion and remain qualified to perform their job duties. Temporary employees, however, are not entitled to reinstatement. Military leave does not affect an employee’s rights to vacation, sick leave, or other benefits.

    Voting Leave in Iowa

    Iowa law requires employers to provide up to three consecutive hours of paid leave to employees for voting if they do not have three consecutive non-working hours while the polls are open. Employees must request this leave in writing before the election. Employers can designate the specific hours during which the employee can be absent from work to vote.

    Iowa State Holidays in 2024

    Iowa law does not require private employers to provide paid or unpaid holiday leave. Although private employers are not obligated to offer holiday leave or premium pay for working on holidays, many do provide at least seven paid holidays. Iowa officially observes nine state holidays, but private employers have discretion over holiday policies for their employees.