Author: Nehal Nabil

  • Alabama Leave Laws And Holidays 2025

    Alabama Leave Laws And Holidays 2025

    employers and employees in Alabama need to stay informed about Alabama Leave Laws and recognized holidays to ensure compliance and maintain a well-balanced work environment. Utilizing tools like Day Off can help businesses and employees manage time off effectively. While Alabama relies heavily on federal laws like the Family and Medical Leave Act (FMLA) to regulate employee leave, the state also observes unique holidays that reflect its cultural heritage. This article provides a detailed overview of Alabama’s leave laws, including vacation, sick leave, and military leave, as well as a comprehensive list of holidays recognized in Alabama for 2025. Understanding these aspects is crucial for businesses to manage their workforce effectively and for employees to exercise their rights regarding time off.

    Paid Time Off (PTO) in Alabama

    Leave Quota

    In Alabama Leave Laws, Paid Time Off (PTO) policies, including leave quotas, are typically determined by individual employers rather than mandated by state law. Alabama does not have a specific state requirement for the amount of PTO that must be offered to employees. Employers have the discretion to set leave quotas based on their internal policies and agreements with employees. The typical leave quota may vary significantly depending on the industry, the size of the business, and the specific terms outlined in employment contracts.

    Accrual

    The accrual of PTO in Alabama Leave Laws is also left to the discretion of the employer. Common accrual methods include:

    1. Lump-Sum Accrual: Employees receive a set amount of PTO at the beginning of the year or their employment anniversary.
    2. Pro-Rated Accrual: PTO is accrued incrementally, often on a per-pay-period basis, allowing employees to earn PTO gradually over time.

    Employers may set specific accrual rates, such as a certain number of hours per month or per year, and they may have caps on how much PTO can be accrued at any given time.

    Rollover

    Rollover policies, which determine whether unused PTO can be carried over from one year to the next, are determined by the employer. In Alabama:

    • Limited Rollover: Some employers may allow a certain amount of unused PTO to roll over to the next year, often with a cap on the maximum amount that can be carried over.
    • No Rollover: Other employers might have a “use-it-or-lose-it” policy, where any unused PTO is forfeited at the end of the year.
    • Unlimited Rollover: A few employers may allow all unused PTO to roll over indefinitely, though this is less common.

    Payment of Accrued, Unused Vacation on Termination

    Alabama Leave Laws does not have a state law that mandates the payment of accrued, unused vacation upon termination. This means that whether or not employees are entitled to receive payment for unused PTO when they leave the company depends on the employer’s policies and the terms outlined in the employment agreement.

    • Payout Required by Policy: If an employer’s policy or the employment contract stipulates that unused PTO will be paid out upon termination, the employer is legally obligated to follow through with this payment.
    • No Payout Policy: If there is no policy or the policy specifically states that unused PTO will not be paid upon termination, the employer is not required to provide payment.

    Employers should clearly communicate their policies regarding the payout of unused PTO to avoid disputes.

    Sick Leave in Alabama

    State Laws – Leave Quota

    As of 2025, Alabama Leave Laws does not have a state-mandated sick leave law requiring private employers to provide paid or unpaid sick leave to employees. However, local governments or certain municipalities within the state might have their own requirements. It is important for employers to stay updated on any local regulations that might impact their sick leave policies.

    Key Points:

    • No state-mandated requirement for paid sick leave in Alabama.
    • Employers are not required by state law to offer paid or unpaid sick leave, but they may choose to do so voluntarily.
    • Employers should review local ordinances and agreements that might impose different requirements.

    Federal Laws – Leave Quota

    Under federal law, sick leave policies are largely governed by the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. This includes the employee’s own serious health condition or the need to care for an immediate family member with a serious health condition.

    Eligibility:

    • Employees must have worked for the employer for at least 12 months.
    • They must have worked at least 1,250 hours over the past 12 months.
    • The employer must have at least 50 employees within a 75-mile radius.

    Key Points:

    • FMLA provides unpaid, job-protected leave, but it does not require paid sick leave.
    • Employers may offer paid sick leave in conjunction with or beyond FMLA requirements.

    Accruals

    In Alabama Leave Laws, since there is no state-mandated sick leave, the accrual of sick leave is typically at the discretion of the employer. Employers who choose to offer sick leave may establish their own accrual policies, which might vary based on the company size, industry, or specific employee agreements.

    Common Accrual Practices:

    • Hourly Accrual: Employees earn sick leave based on the number of hours worked, such as 1 hour of sick leave for every 30 hours worked.
    • Annual Accrual: Employees are granted a specific number of sick leave days or hours at the beginning of each year.
    • Capped Accrual: Some employers set a maximum limit on the amount of sick leave an employee can accrue.

    Payout

    Alabama does not require employers to pay out unused sick leave upon an employee’s termination, resignation, or retirement. However, if an employer has a policy or agreement in place that promises such a payout, they are generally required to honor that agreement.

    Key Considerations:

    • Policy-Driven: Payout policies are determined by the employer’s internal policies or employment agreements.
    • No Legal Obligation: There is no state requirement for sick leave payout unless it’s stipulated in an employment contract or company policy.

    Maternity, Paternity, FMLA in Alabama

    Maternity Leave

    As of 2025, Alabama does not have a state-specific law that mandates paid maternity leave for employees. However, eligible employees in Alabama are protected under the federal Family and Medical Leave Act (FMLA), which allows for unpaid, job-protected leave for maternity-related reasons.

    Key Points:

    • No State Mandate: Alabama does not require employers to provide paid maternity leave.
    • Federal FMLA Coverage: Eligible employees can take up to 12 weeks of unpaid leave for the birth of a child and to care for the newborn.

    FMLA and Maternity Leave in Alabama

    • Eligibility: Employees must have worked for their employer for at least 12 months and logged at least 1,250 hours during the 12 months preceding the leave.
    • Duration: Up to 12 weeks of unpaid, job-protected leave.
    • Job Protection: The employee is entitled to return to the same or an equivalent position after the leave.
    • Health Insurance: During FMLA leave, the employer must maintain the employee’s health insurance coverage under the same terms as if the employee were working.

    Paternity Leave

    Similar to maternity leave, Alabama does not have a state law mandating paternity leave. However, under the FMLA, eligible employees (including fathers) are entitled to take unpaid, job-protected leave for the birth of their child or to care for their newborn.

    Key Points:

    • No State Mandate: There is no state-mandated paternity leave in Alabama.
    • FMLA Coverage: Fathers can use FMLA leave for paternity purposes.

    FMLA and Paternity Leave in Alabama

    • Eligibility: The same eligibility requirements apply for paternity leave under the FMLA as for maternity leave.
    • Duration: Up to 12 weeks of unpaid leave.
    • Job Protection: Employees are entitled to return to their job or an equivalent position after their leave ends.
    • Flexibility: FMLA leave can be taken intermittently or on a reduced schedule with employer approval.

    Family and Medical Leave

    The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees in Alabama with the right to take unpaid, job-protected leave for specific family and medical reasons, including maternity and paternity leave.

    Key Features of FMLA:

    • Eligibility Criteria: Employees must have worked for their employer for at least 12 months and logged at least 1,250 hours in the past 12 months. The employer must have at least 50 employees within a 75-mile radius.
    • Leave Duration: Up to 12 weeks of unpaid leave in a 12-month period.
    • Covered Reasons:
      • The birth and care of a newborn child.
      • The placement of a child for adoption or foster care.
      • To care for an immediate family member (spouse, child, or parent) with a serious health condition.
      • For the employee’s own serious health condition that makes them unable to perform the essential functions of their job.
    • Job Protection: Employees are entitled to return to the same or an equivalent position after their leave ends.
    • Health Insurance Continuation: Employers must maintain group health insurance coverage under the same terms as if the employee continued working.

    Bereavement Leave in Alabama

    As of 2025, Alabama does not have a state law that mandates bereavement leave for employees. Bereavement leave refers to the time off that an employee may take following the death of a close family member. Since there is no state requirement, whether or not an employer provides bereavement leave, paid or unpaid, is typically determined by the employer’s policies or individual employment contracts.

    Key Points:

    • No State Mandate: Alabama does not require employers to provide bereavement leave, either paid or unpaid.
    • Employer Discretion: Employers in Alabama have the flexibility to create their own policies regarding bereavement leave. These policies may vary widely between different employers and industries.
    • Common Practices:
      • Some employers offer a set number of days (typically 3 to 5) of paid bereavement leave for the death of an immediate family member, such as a spouse, child, parent, or sibling.
      • Other employers may provide unpaid leave or allow employees to use accrued paid time off (PTO) or vacation days for bereavement purposes.
      • Policies might also differ depending on the relationship to the deceased, with different amounts of leave granted for immediate family members versus extended family or close friends.

    Jury Duty Leave in Alabama

    Jury Duty Leave in 2025 is an important provision that ensures employees can fulfill their civic duties without fear of losing their jobs. Under Alabama law, employers are required to grant leave to employees who are summoned for jury duty, allowing them to participate in the legal process. This leave is generally unpaid, but employees are protected from being terminated or facing any form of retaliation due to their absence for jury service. Employers may not require employees to use their vacation or other paid leave for this purpose. By mandating Jury Duty Leave, Alabama upholds the principle that serving on a jury is a critical civic responsibility that should be accessible to all eligible citizens without jeopardizing their employment.

    Military Leave in Alabama

    Federal Law

    Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), federal law ensures that employees who are members of the military reserves, National Guard, or other uniformed services are entitled to take leave for military duties. USERRA mandates that employers must provide job protection, maintain benefits, and reinstate employees to their previous positions or equivalent roles upon their return from service. Additionally, USERRA prohibits discrimination against employees based on their military service.

    state law

    Alabama state law complements federal protections by ensuring that members of the Alabama National Guard and other state military forces are granted leave from their civilian employment to perform military duties. State law typically aligns with USERRA but may provide additional protections or extend coverage to certain state-specific military duties. Alabama law also mandates that state employees receive up to 168 hours (21 days) of paid military leave per calendar year when engaged in military training or duty.

    Federal vs. State Law

    While both federal and state laws provide robust protections for military service members, they differ in certain aspects. USERRA applies broadly to all employers, both public and private, and covers all types of military service. On the other hand, Alabama’s state law specifically benefits public employees, offering them paid leave for military duties, which is not mandated by federal law. In cases where both federal and state laws apply, the law that provides the greater benefit to the employee takes precedence. For instance, a public employee in Alabama might be entitled to paid leave under state law, whereas a private sector employee would rely primarily on the unpaid leave protections offered by USERRA.

    Payout

    under Alabama state law, public employees who are on military leave for training or active duty are entitled to their regular pay for up to 168 hours annually. This paid leave ensures that employees do not suffer financially while fulfilling their military obligations. In contrast, federal law under USERRA does not require employers to pay employees during their military leave, but it does ensure that employees can return to their jobs with their seniority, status, and pay intact. Thus, in Alabama, public employees benefit from paid military leave, while private employees are more likely to have unpaid leave, with their job security protected under federal law.

    Voting Leave In Alabama

    Voting Leave in 2025 is designed to ensure that employees have the opportunity to participate in the democratic process without sacrificing their employment. Alabama law provides that employees who do not have three consecutive hours of non-working time while the polls are open may be entitled to up to one hour of paid leave to vote. This time off must be requested in advance, and the employer has the discretion to specify the time during which the employee may leave to vote. This provision is crucial in promoting voter participation and ensuring that all eligible citizens can exercise their right to vote, regardless of their work schedule. However, this leave is typically not granted if the employee has sufficient time outside of working hours to vote.

    Payout

    Voting leave is unpaid in Alabama.

    Alabama State Holidays in 2025

    Alabama will observe a variety of state holidays, providing residents with opportunities to celebrate significant historical events, cultural traditions, and national observances.

    Holiday

    New Year’s Day

    Robert E. Lee/Martin Luther King Jr. Birthday

    George Washington/Thomas Jefferson Birthday

    Confederate Memorial Day

    Memorial Day

    Jefferson Davis’ Birthday

    Independence Day

    Labor Day

    Columbus /Fraternal /American Indian Heritage Day

    Veterans Day

    Thanksgiving Day

    Christmas Day

    Date

    Wednesday, January 1

    Monday, January 20

    Monday, February 17

    Monday, April 28

    Monday, May 26

    Monday, June 2

    Friday, July 4

    Monday, September 1

    Monday, October 13

    Tuesday, November 11

    Thursday, November 27

    Thursday, December 25

  • North Dakota Leave Laws And Holidays

    North Dakota Leave Laws And Holidays

    Understanding Paid Time Off (PTO) and leave policies can be confusing, especially since rules vary by state. In North Dakota leave laws, there aren’t strict state requirements for vacation, sick leave, or other time off, but there are important guidelines and federal laws to consider. This article breaks down the key points of North Dakota Leave Laws, including PTO, vacation accruals, sick leave, maternity and paternity leave, bereavement leave, and jury duty leave. Whether you’re an employer setting up policies or an employee wanting to know your rights, this guide, along with tools like Day Off, will help you understand the basics of time off in North Dakota.

    Paid Time Off (PTO) in North Dakota

    Vacation Leave Quota

    North Dakota does not have a legal requirement for vacation leave.

    In North Dakota, there is no mandate for private employers to offer paid or unpaid vacation leave. However, should an employer choose to provide vacation time, they must adhere to applicable state laws, company policies, and employment contracts.

    Accruals

    Vacation accrual is not mandatory in North Dakota, though it is a common practice.

    Employers in North Dakota have the flexibility to establish their own vacation accrual systems, which can be based on various increments such as daily, weekly, bi-weekly, semi-monthly, or monthly, often aligned with pay periods. Monthly pay periods are the most common in the state.

    Employers also have the option to cap the amount of vacation time an employee can accumulate.

    Roll Over (Carry Over, Brought Forward)

    Use-It-or-Lose-It policies are permitted.

    Employers in North Dakota are allowed to implement a “use-it-or-lose-it” policy, where employees must use their vacation time by a certain date—often the end of the year—or forfeit it. While this policy is legal, employers must ensure that employees are well-informed and given sufficient opportunity to take their vacation.

    Statutory Provisions Addressing Vacation Pay

    PTO is treated as wages in North Dakota.

    When an employer offers PTO, it is considered part of the employee’s wages. This includes various types of leave such as annual leave, personal days, and earned time off, among other benefits that compensate employees for their vacation time.

    Payment of Accrued, Unused Vacation on Termination

    Accrued PTO must be paid out upon termination, with some exceptions.

    Employers are generally required to pay out any accrued PTO at the regular rate of pay when an employee leaves. However, exceptions exist if an employer clearly communicated at the start of employment that accrued PTO may not be paid under certain conditions, such as if the employee resigns without giving at least five days’ notice, or if the employee has worked for less than one year.

    Sick Leave in North Dakota

    Federal Laws – Leave Quota

    Federal law provides 12 weeks of unpaid sick leave.

    Under the Family and Medical Leave Act (FMLA), eligible employees in North Dakota, like those in other states, are entitled to 12 weeks of unpaid, job-protected leave for certain medical and family reasons. Eligibility requires that the employee has worked for the employer for at least 12 months, putting in at least 25 hours per week, or 1,250 hours over the past year, at a location with 50 or more employees within a 75-mile radius.

    The FMLA allows leave for personal medical issues, caring for a seriously ill family member, or for the birth or adoption of a child.

    Employers may offer additional sick leave benefits beyond what is federally required.

    North Dakota State Laws

    No state-mandated sick leave.

    North Dakota does not have additional state laws requiring employers to provide sick leave, whether paid or unpaid. If an employer does offer sick leave, they must follow their own established policies or employment agreements.

    Payout

    Sick leave in North Dakota is typically unpaid.

    Maternity, Paternity, and FMLA in North Dakota

    Federal Law

    The FMLA provides 12 weeks of unpaid maternity or paternity leave.

    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 and paternity leave. This leave must typically be taken continuously unless the employer allows otherwise. The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant employees from discrimination in all employment aspects, including hiring, firing, pay, job assignments, and leave.

    Additional State Laws in North Dakota

    North Dakota does not have additional laws governing maternity or paternity leave.

    The North Dakota Human Rights Act prohibits employment discrimination based on various factors, including pregnancy. It requires that pregnancy be treated similarly to other temporary disabilities concerning leave and job reinstatement.

    Payout

    Maternity and paternity leave in North Dakota are unpaid.

    Bereavement Leave in North Dakota (Funeral Leave)

    Employers are not obligated to provide bereavement leave.

    There is no legal requirement in North Dakota for employers to offer paid or unpaid bereavement leave. However, many employers do provide at least two days of bereavement leave. If an employer offers bereavement leave, they must adhere to their established policies or practices.

    Payout

    Bereavement leave in North Dakota is generally unpaid.

    Jury Duty Leave in North Dakota

    Employers must allow unpaid time off for jury duty or witness service.

    Employers are required to provide unpaid, job-protected leave to employees for jury duty or witness service. Employees may need to present their jury summons to their employer within a reasonable timeframe to be granted the necessary leave. Employers cannot penalize employees for serving on a jury.

    Payout

    Employers in North Dakota are not required to pay employees for jury duty leave, though employees who serve as jurors receive $25.00 per day from the court.

    Military Leave in North Dakota

    Federal Law

    The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers in the U.S., including those in North Dakota.

    USERRA protects employees called to active duty in the U.S. military, including reinstatement rights, protection from discrimination, continuation of health care benefits for up to 24 months, and up to 5 years of unpaid leave for military service.

    North Dakota State Law

    North Dakota does not have additional military leave protections beyond USERRA. Only members of the National Guard or Civil Air Patrol are guaranteed job security under state law.

    Payout

    Military leave in North Dakota is unpaid.

    Voting Leave in North Dakota

    Employers are encouraged, but not required, to allow time off for voting.

    North Dakota law encourages employers to create programs allowing employees time off to vote if their work schedule conflicts with polling hours. However, this is not mandatory, and employees do not have a guaranteed right to time off for voting.

    Payout

    Voting leave in North Dakota is unpaid.

    North Dakota State Holidays in 2024

    Private employers are not required to provide holiday leave.

    North Dakota law does not require private employers to provide paid or unpaid leave for state holidays. Employers can require employees to work on holidays. However, many employers in North Dakota do offer paid holidays. The state officially observes 11 holidays.

  • 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.