Does New Mexico require employers to provide paid vacation leave?

No. New Mexico law does not require employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow the terms outlined in their written policy or employment contract.

Are employers required to pay out unused vacation time when an employee leaves?

Yes. If an employer’s policy or contract states that unused vacation will be paid out upon termination, they are legally obligated to do so. If no such policy exists, payout is not required.

Does New Mexico have a paid sick leave law?

Yes. Under the Healthy Workplaces Act (HWA), effective July 1, 2022, all private employers must provide paid sick leave to employees at a rate of one hour for every 30 hours worked, up to 64 hours per year.

Who is eligible for paid sick leave under the Healthy Workplaces Act?

All employees — including full-time, part-time, seasonal, and temporary workers — are eligible to accrue paid sick leave in New Mexico, regardless of employer size.

What can employees use paid sick leave for in New Mexico?

Employees may use accrued paid sick leave for their own illness or injury, to care for a family member, or for absences related to domestic violence, sexual assault, or stalking.

Does New Mexico have paid family and medical leave?

No. New Mexico does not have a state-run paid family and medical leave program. However, eligible employees may qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

Is maternity or paternity leave paid in New Mexico?

No. Maternity and paternity leave are not required to be paid by state law. Employees can use accrued paid sick leave or other paid time off, depending on employer policy.

Are employers required to provide bereavement leave in New Mexico?

No. Bereavement leave is not mandated by state law. However, employers who offer it must comply with their established policies or employment agreements.

Are employees entitled to jury duty leave in New Mexico?

Yes. Employers must allow employees to take leave for jury duty. Employees cannot be terminated or penalized for serving, but employers are not required to pay for jury duty time.

Does New Jersey require employers to provide paid vacation leave?

No. New Jersey law does not require employers to provide paid or unpaid vacation leave. However, if an employer offers vacation benefits, they must follow their written policies or employment agreements regarding accrual, use, and payout.

Are employers required to pay out unused vacation time when an employee leaves?

Yes. If an employer’s policy or employment contract states that unused vacation time will be paid out upon separation, the employer is legally obligated to honor that agreement. If there is no such policy, payout is not required.

Does New Jersey have a paid sick leave law?

Yes. Under the New Jersey Earned Sick Leave Law, most employees are entitled to earn one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. This applies to full-time, part-time, and temporary employees.

What can employees use earned sick leave for in New Jersey?

Employees can use earned sick leave for their own illness, injury, or preventive medical care, to care for a family member, recover from domestic or sexual violence, or attend a child’s school meeting or event related to health or safety.

Does New Jersey have paid family leave?

Yes. New Jersey’s Family Leave Insurance (FLI) program allows eligible employees to receive up to 12 weeks of partial wage replacement to care for a newborn, newly adopted child, or seriously ill family member.

Is maternity or paternity leave paid in New Jersey?

Yes, through the state’s Family Leave Insurance program. New parents may receive up to 12 weeks of paid benefits to bond with a new child. Employees may also qualify for additional unpaid leave under the federal FMLA or the New Jersey Family Leave Act (NJFLA).

Are employers required to provide bereavement leave in New Jersey?

No. Bereavement leave is not required by state law. However, employers who choose to offer it must comply with their company policy or collective bargaining agreement.

Are employees entitled to jury duty leave in New Jersey?

Yes. Employers must allow employees to take leave for jury duty. Employees cannot be terminated, penalized, or disciplined for serving on a jury. Employers are not required to pay employees for jury duty unless specified by company policy.

Are employees entitled to voting leave in New Jersey?

No. New Jersey law does not mandate paid or unpaid time off to vote. However, many employers allow flexibility in schedules to ensure employees have time to vote.

Does New Hampshire require employers to provide paid vacation leave?

No. New Hampshire law does not require employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow the terms outlined in their company policy or employment agreement.

Are employers required to pay out unused vacation time when an employee leaves?

Yes, if the employer’s written policy or contract states that unused vacation will be paid upon termination, the employer must honor that agreement. If no such policy exists, payout is not legally required.

Does New Hampshire have a paid sick leave law?

No. New Hampshire does not have a statewide paid sick leave law for private-sector employees. Employers may voluntarily offer paid or unpaid sick leave as part of their benefits package.

Does New Hampshire offer paid family or medical leave?

Yes. New Hampshire has a Paid Family and Medical Leave (PFML) program that provides up to six weeks of wage replacement for qualifying family or medical events. This program is voluntary for private employers but mandatory for state employees.

Who is eligible for New Hampshire Paid Family and Medical Leave benefits?

Private-sector employees are eligible if their employer participates in the PFML program or if they purchase an individual plan. Eligible events include caring for a newborn, a seriously ill family member, or the employee’s own health condition.

Is maternity or paternity leave paid in New Hampshire?

Maternity and paternity leave may be paid through the PFML program if the employer participates. Otherwise, employees may take unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

Are employers required to provide bereavement leave in New Hampshire?

No. There is no state law mandating bereavement leave. Employers may offer it voluntarily and must follow their written policy if it exists.

Are employees entitled to jury duty leave in New Hampshire?

Yes. Employers must allow employees to take leave for jury duty. Employees cannot be penalized or terminated for serving. However, New Hampshire law does not require employers to pay employees for jury duty leave.

Are employees entitled to voting leave in New Hampshire?

No. New Hampshire does not have a specific statute requiring employers to provide time off to vote. However, employees are encouraged to plan their voting during non-working hours.

Does Nevada law require employers to provide paid vacation leave?

No. Nevada law does not require private employers to provide paid vacation leave. However, if an employer chooses to offer vacation benefits, they must comply with their written policy or employment agreement.

Are employers required to pay out unused vacation time when an employee leaves?

Yes, if the employer’s policy or contract states that unused vacation must be paid upon termination, the employer is legally obligated to do so. If the policy does not specify payout, the employer is not required to pay for unused vacation days.

Does Nevada have a paid leave law?

Yes. Under Nevada Revised Statutes (NRS 608.0197), private employers with 50 or more employees must provide up to 40 hours of paid leave per year. Employees can use this leave for any reason, including illness, family needs, or personal matters.

Who is eligible for paid leave under Nevada’s paid leave law?

Employees who have worked for an employer for at least 90 days are eligible to use accrued paid leave. The law applies to both full-time and part-time employees working for private companies with 50 or more workers.

How does paid leave accrue in Nevada?

Eligible employees earn at least 0.01923 hours of paid leave for every hour worked, which equals approximately 40 hours per year for a full-time employee working 40 hours a week. Employers may choose to offer a more generous policy.

Does Nevada have a paid family and medical leave program?

No. Nevada does not have a state-run paid family and medical leave program. Employees may be eligible for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

Is maternity or paternity leave paid in Nevada?

Maternity and paternity leave are not required to be paid by Nevada law. However, employees may use their accrued paid leave under the state’s paid leave law or company policy during their absence.

Are employers required to provide bereavement leave in Nevada?

No. Bereavement leave is not mandated by Nevada law. Employers who offer it must adhere to the terms outlined in their company policies or employment contracts.

Are employees entitled to jury duty leave in Nevada?

Yes. Employers must allow employees to take time off for jury duty. Employees cannot be terminated or penalized for serving. However, employers are not required to pay employees during jury service.

Does Nebraska law require employers to provide paid vacation leave?

No. Nebraska law does not require private employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow their written policy or employment agreement.

Are employers required to pay out unused vacation time upon termination?

Yes. Nebraska law requires employers to pay out any earned, unused vacation time when an employee leaves the company. This applies regardless of whether the separation is voluntary or involuntary.

Does Nebraska have a paid sick leave law?

No. Nebraska does not currently have a statewide paid sick leave law for private employers. Some cities or individual employers may have their own policies granting sick leave.

Does Nebraska have a paid family or medical leave program?

No. Nebraska does not have a state-administered paid family or medical leave program. However, eligible employees are covered by the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave.

Is maternity or paternity leave paid in Nebraska?

No. There is no state requirement for paid maternity or paternity leave. Employees may use accrued paid time off during their FMLA leave if allowed by their employer’s policy.

Are employers required to provide bereavement leave in Nebraska?

No. Nebraska law does not mandate bereavement leave. However, many employers voluntarily provide it, and if it is part of company policy, the employer must honor the terms.

Are employees entitled to jury duty leave in Nebraska?

Yes. Employers must allow employees to take leave for jury duty. They cannot terminate, penalize, or coerce employees for serving. Employers are not required to pay employees for this time unless company policy states otherwise.

Are employees entitled to voting leave in Nebraska?

Yes. Nebraska law provides employees up to two consecutive hours of paid leave to vote if their work schedule does not allow sufficient time while polls are open. The employee must request the leave before Election Day.

Are private employers required to provide paid holidays in Nebraska?

No. Private employers are not required to provide paid or unpaid holiday leave. However, many businesses choose to include paid holidays in their benefits packages.

Does Kentucky law require employers to provide paid vacation leave?

No. Kentucky law does not require employers to provide paid or unpaid vacation leave. However, if an employer offers vacation benefits, they must follow their written policy or employment agreement regarding accrual, use, and payout.

Are employers required to pay out unused vacation time when an employee leaves?

Yes, if the employer’s policy or contract specifies that unused vacation will be paid out upon termination, the employer must honor it. If the policy does not mention payout, the employer is not legally obligated to compensate for unused days.

Does Kentucky have a paid sick leave law?

No. Kentucky does not currently have a statewide paid sick leave law for private-sector employees. However, individual employers may choose to offer paid or unpaid sick leave as part of their benefits package.

Does Kentucky have a paid family and medical leave program?

No. Kentucky does not have a state-run paid family and medical leave program. Eligible employees may still take unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

Is maternity or paternity leave paid in Kentucky?

No, Kentucky does not mandate paid maternity or paternity leave. However, employees may use accrued paid time off or vacation days during FMLA leave if allowed by company policy.

Are employers required to provide bereavement leave in Kentucky?

No. Bereavement leave is not required by Kentucky state law. Employers who offer this type of leave must comply with their internal policy or employee handbook terms.

Author: Nehal Nabil

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 2026

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.
FAQ

Does New Mexico require employers to provide paid vacation leave?
No. New Mexico law does not require employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow the terms outlined in their written policy or employment contract.
Are employers required to pay out unused vacation time when an employee leaves?
Yes. If an employer’s policy or contract states that unused vacation will be paid out upon termination, they are legally obligated to do so. If no such policy exists, payout is not required.
Does New Mexico have a paid sick leave law?
Yes. Under the Healthy Workplaces Act (HWA), effective July 1, 2022, all private employers must provide paid sick leave to employees at a rate of one hour for every 30 hours worked, up to 64 hours per year.
Who is eligible for paid sick leave under the Healthy Workplaces Act?
All employees including full time, part time, seasonal, and temporary workers are eligible to accrue paid sick leave in New Mexico, regardless of employer size.
What can employees use paid sick leave for in New Mexico?
Employees may use accrued paid sick leave for their own illness or injury, to care for a family member, or for absences related to domestic violence, sexual assault, or stalking.
Does New Mexico have paid family and medical leave?
No. New Mexico does not have a state run paid family and medical leave program. However, eligible employees may qualify for unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
Is maternity or paternity leave paid in New Mexico?
No. Maternity and paternity leave are not required to be paid by state law. Employees can use accrued paid sick leave or other paid time off, depending on employer policy.
Are employers required to provide bereavement leave in New Mexico?
No. Bereavement leave is not mandated by state law. However, employers who offer it must comply with their established policies or employment agreements.
Are employees entitled to jury duty leave in New Mexico?
Yes. Employers must allow employees to take leave for jury duty. Employees cannot be terminated or penalized for serving, but employers are not required to pay for jury duty time.
Are employees entitled to voting leave in New Mexico?
Yes. New Mexico law grants employees up to two hours of paid leave to vote in statewide elections if their work schedule does not provide sufficient time while polls are open.
Are private employers required to provide paid holidays in New Mexico?
No. Private employers are not legally required to provide paid or unpaid holiday leave. However, many offer paid holidays as part of their benefits policy.
What public holidays are recognized in New Mexico?
New Mexico observes the following public holidays:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Juneteenth National Independence Day
Independence Day
Labor Day
Indigenous Peoples’ Day (replacing Columbus Day)
Veterans Day
Thanksgiving Day and the following Friday
Christmas Day
Does New Mexico have any unique state holidays?
Yes. Indigenous Peoples’ Day, celebrated on the second Monday in October, is recognized in New Mexico in place of Columbus Day.
How can the Day Off app help New Mexico businesses manage leave and holidays?
The Day Off app simplifies leave management for New Mexico employers by tracking PTO, sick days, and holidays automatically. It ensures compliance with the Healthy Workplaces Act and helps teams stay organized with clear, transparent scheduling.
Smarter time off tracking starts here.

Sign up for free
August 18, 2024
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 2026.

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 2025

New Jersey observes 13 public holidays in 2026. 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.5
FAQ

Does New Jersey require employers to provide paid vacation leave?
No. New Jersey law does not require employers to provide paid or unpaid vacation leave. However, if an employer offers vacation benefits, they must follow their written policies or employment agreements regarding accrual, use, and payout.
Are employers required to pay out unused vacation time when an employee leaves?
Yes. If an employer’s policy or employment contract states that unused vacation time will be paid out upon separation, the employer is legally obligated to honor that agreement. If there is no such policy, payout is not required.
Does New Jersey have a paid sick leave law?
Yes. Under the New Jersey Earned Sick Leave Law, most employees are entitled to earn one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. This applies to full time, part time, and temporary employees.
What can employees use earned sick leave for in New Jersey?
Employees can use earned sick leave for:
Their own illness, injury, or preventive medical care
Caring for a family member
Recovery from domestic or sexual violence
Attending a child’s school meeting or event related to health or safety
Does New Jersey have paid family leave?
Yes. New Jersey’s Family Leave Insurance (FLI) program allows eligible employees to receive up to 12 weeks of partial wage replacement to care for a newborn, newly adopted child, or seriously ill family member.
Is maternity or paternity leave paid in New Jersey?
Yes, through the state’s Family Leave Insurance program. New parents may receive up to 12 weeks of paid benefits to bond with a new child. Employees may also qualify for additional unpaid leave under the federal FMLA or the New Jersey Family Leave Act (NJFLA).
Are employers required to provide bereavement leave in New Jersey?
No. Bereavement leave is not required by state law. However, employers who choose to offer it must comply with their company policy or collective bargaining agreement.
Are employees entitled to jury duty leave in New Jersey?
Yes. Employers must allow employees to take leave for jury duty. Employees cannot be terminated, penalized, or disciplined for serving on a jury. Employers are not required to pay employees for jury duty unless specified by company policy.
Are employees entitled to voting leave in New Jersey?
No. New Jersey law does not mandate paid or unpaid time off to vote. However, many employers allow flexibility in schedules to ensure employees have time to vote.
Are private employers required to provide paid holiday leave in New Jersey?
No. Private employers are not required by law to provide paid or unpaid holiday leave. Many companies voluntarily offer paid holidays as part of their benefits package.
What public holidays are recognized in New Jersey?
New Jersey observes the following public holidays:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
Does New Jersey have any unique state holidays?
Yes. Good Friday is officially recognized as a public holiday in New Jersey, which is uncommon among U.S. states.
How can the Day Off app help New Jersey businesses manage leave and holidays?
The Day Off app helps New Jersey employers manage PTO, sick leave, and holidays in one centralized platform. It automates leave requests, approvals, and accruals while ensuring compliance with state laws and company policies.
Smarter time off tracking starts here.

Sign up for free
August 15, 2024
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 2026

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.
FAQ

Does New Hampshire require employers to provide paid vacation leave?
No. New Hampshire law does not require employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow the terms outlined in their company policy or employment agreement.
Are employers required to pay out unused vacation time when an employee leaves?
Yes, if the employer’s written policy or contract states that unused vacation will be paid upon termination, the employer must honor that agreement. If no such policy exists, payout is not legally required.
Does New Hampshire have a paid sick leave law?
No. New Hampshire does not have a statewide paid sick leave law for private sector employees. Employers may voluntarily offer paid or unpaid sick leave as part of their benefits package.
Does New Hampshire offer paid family or medical leave?
Yes. New Hampshire has a Paid Family and Medical Leave (PFML) program that provides up to six weeks of wage replacement for qualifying family or medical events. This program is voluntary for private employers but mandatory for state employees.
Who is eligible for New Hampshire Paid Family and Medical Leave benefits?
Private sector employees are eligible if their employer participates in the PFML program or if they purchase an individual plan. Eligible events include caring for a newborn, a seriously ill family member, or the employee’s own health condition.
Is maternity or paternity leave paid in New Hampshire?
Maternity and paternity leave may be paid through the PFML program if the employer participates. Otherwise, employees may take unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
Are employers required to provide bereavement leave in New Hampshire?
No. There is no state law mandating bereavement leave. Employers may offer it voluntarily and must follow their written policy if it exists.
Are employees entitled to jury duty leave in New Hampshire?
Yes. Employers must allow employees to take leave for jury duty. Employees cannot be penalized or terminated for serving. However, New Hampshire law does not require employers to pay employees for jury duty leave.
Are employees entitled to voting leave in New Hampshire?
No. New Hampshire does not have a specific statute requiring employers to provide time off to vote. However, employees are encouraged to plan their voting during non working hours.
Are private employers required to provide paid holiday leave in New Hampshire?
No. Private employers are not legally required to provide paid or unpaid holiday leave. However, many companies choose to do so as part of their benefits policy.
What public holidays are observed in New Hampshire?
New Hampshire observes the following state and federal holidays:
New Year’s Day
Martin Luther King Jr. / Civil Rights Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Does New Hampshire have any unique state holidays?
Yes. Civil Rights Day, observed in place of Martin Luther King Jr. Day, is a distinctive state holiday honoring civil rights and equality.
How can the Day Off app help New Hampshire businesses manage leave and holidays?
The Day Off app helps New Hampshire employers streamline leave tracking, manage PTO, and monitor compliance with policies. It automates time off requests, approvals, and reporting while integrating with tools like Google Calendar for improved visibility and efficiency.
August 14, 2024
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 leave. 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 2026

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.
FAQ

Does Nevada law require employers to provide paid vacation leave?
No. Nevada law does not require private employers to provide paid vacation leave. However, if an employer chooses to offer vacation benefits, they must comply with their written policy or employment agreement.
Are employers required to pay out unused vacation time when an employee leaves?
Yes, if the employer’s policy or contract states that unused vacation must be paid upon termination, the employer is legally obligated to do so. If the policy does not specify payout, the employer is not required to pay for unused vacation days.
Does Nevada have a paid leave law?
Yes. Under Nevada Revised Statutes (NRS 608.0197), private employers with 50 or more employees must provide up to 40 hours of paid leave per year. Employees can use this leave for any reason including illness, family needs, or personal matters.
Who is eligible for paid leave under Nevada’s paid leave law?
Employees who have worked for an employer for at least 90 days are eligible to use accrued paid leave. The law applies to both full time and part time employees working for private companies with 50 or more workers.
How does paid leave accrue in Nevada?
Eligible employees earn at least 0.01923 hours of paid leave for every hour worked, which equals approximately 40 hours per year for a full time employee working 40 hours a week. Employers may choose to offer a more generous policy.
Does Nevada have a paid family and medical leave program?
No. Nevada does not currently have a state-run paid family and medical leave program. Employees may be eligible for unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
Is maternity or paternity leave paid in Nevada?
Maternity and paternity leave are not required to be paid by Nevada law. However, employees may use their accrued paid leave under the state’s paid leave law or company policy during their absence.
Are employers required to provide bereavement leave in Nevada?
No. Bereavement leave is not mandated by Nevada law. Employers who offer it must adhere to the terms outlined in their company policies or employment contracts.
Are employees entitled to jury duty leave in Nevada?
Yes. Employers must allow employees to take time off for jury duty. Employees cannot be terminated or penalized for serving. However, employers are not required to pay employees during jury service.
Are employees entitled to voting leave in Nevada?
Yes. Nevada law grants employees up to three hours of paid time off to vote, depending on the distance between the workplace and polling location. Employees must request the leave before Election Day.
Are private employers required to provide paid holidays in Nevada?
No. Private employers are not required by law to offer paid or unpaid holiday leave. Many companies choose to provide paid holidays as part of their benefits package.
What public holidays are recognized in Nevada?
Nevada observes the following public holidays:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Juneteenth National Independence Day
Independence Day
Labor Day
Nevada Day (last Friday in October)
Veterans Day
Thanksgiving Day and Family Day (Friday after Thanksgiving)
Christmas Day
Does Nevada have any unique state holidays?
Yes. Nevada Day, celebrated on the last Friday in October, is a state holiday commemorating Nevada’s admission to the Union. State offices and schools are typically closed.
How can the Day Off app help Nevada businesses manage leave and holidays?
The Day Off app helps Nevada employers automate and simplify leave management. It tracks PTO, paid leave, and holidays; ensures compliance with state laws; and streamlines approvals improving accuracy, transparency, and employee satisfaction.
August 13, 2024
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 2026

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.
FAQ

Does Nebraska law require employers to provide paid vacation leave?
No. Nebraska law does not require private employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must follow their written policy or employment agreement.
Are employers required to pay out unused vacation time upon termination?
Yes. Nebraska law requires employers to pay out any earned, unused vacation time when an employee leaves the company. This applies regardless of whether the separation is voluntary or involuntary.
Does Nebraska have a paid sick leave law?
No. Nebraska does not currently have a statewide paid sick leave law for private employers. Some cities or individual employers may have their own policies granting sick leave.
Does Nebraska have a paid family or medical leave program?
No. Nebraska does not have a state administered paid family or medical leave program. However, eligible employees are covered by the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave.
Is maternity or paternity leave paid in Nebraska?
No. There is no state requirement for paid maternity or paternity leave. Employees may use accrued paid time off during their FMLA leave if allowed by their employer’s policy.
Are employers required to provide bereavement leave in Nebraska?
No. Nebraska law does not mandate bereavement leave. However, many employers voluntarily provide it, and if it is part of company policy, the employer must honor the terms.
Are employees entitled to jury duty leave in Nebraska?
Yes. Employers must allow employees to take leave for jury duty. They cannot terminate, penalize, or coerce employees for serving. Employers are not required to pay employees for this time unless company policy states otherwise.
Are employees entitled to voting leave in Nebraska?
Yes. Nebraska law provides employees up to two consecutive hours of paid leave to vote if their work schedule does not allow sufficient time while polls are open. The employee must request the leave before Election Day.
Are private employers required to provide paid holidays in Nebraska?
No. Private employers are not required to provide paid or unpaid holiday leave. However, many businesses choose to include paid holidays in their benefits packages.
What public holidays are recognized in Nebraska?
Nebraska observes the following state and federal holidays:
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Arbor Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Does Nebraska have any unique state holidays?
Yes. Nebraska uniquely observes Arbor Day, which originated in the state. It is celebrated on the last Friday in April and is a paid holiday for state employees.
How can the Day Off app help Nebraska businesses manage leave and holidays?
The Day Off app helps Nebraska employers automate leave management, track PTO and holidays, and ensure compliance with company policies. It simplifies leave requests, approvals, and reporting for better organization and transparency across teams.
August 8, 2024
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 2026

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.
FAQ

Does Kentucky law require employers to provide paid vacation leave?
No. Kentucky law does not require employers to provide paid or unpaid vacation leave. However, if an employer offers vacation benefits, they must follow their written policy or employment agreement regarding accrual, use, and payout.
Are employers required to pay out unused vacation time when an employee leaves?
Yes, if the employer’s policy or contract specifies that unused vacation will be paid out upon termination, the employer must honor it. If the policy does not mention payout, the employer is not legally obligated to compensate for unused days.
Does Kentucky have a paid sick leave law?
No. Kentucky does not currently have a statewide paid sick leave law for private sector employees. However, individual employers may choose to offer paid or unpaid sick leave as part of their benefits package.
Does Kentucky have a paid family and medical leave program?
No. Kentucky does not have a state run paid family and medical leave program. Eligible employees may still take unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
Is maternity or paternity leave paid in Kentucky?
No, Kentucky does not mandate paid maternity or paternity leave. However, employees may use accrued paid time off or vacation days during FMLA leave if allowed by company policy.
Are employers required to provide bereavement leave in Kentucky?
No. Bereavement leave is not required by Kentucky state law. Employers who offer this type of leave must comply with their internal policy or employee handbook terms.
Are employees entitled to jury duty leave in Kentucky?
Yes. Employers must provide employees with time off to serve on a jury. Employers cannot penalize or terminate employees for jury service. However, Kentucky law does not require employers to pay employees during jury duty.
Are employees entitled to voting leave in Kentucky?
Yes. Employees who are registered voters in Kentucky must be given at least four hours of unpaid leave to vote or to serve as election officers. Employers may determine the specific hours the employee can take off.
Are employers required to provide paid holiday leave in Kentucky?
No. Private employers are not legally required to provide paid or unpaid holiday leave. However, many businesses voluntarily offer paid holidays as part of their employee benefits.
What public holidays are observed in Kentucky?
Kentucky recognizes the following holidays for state employees:
New Year’s Day
Martin Luther King Jr. Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day and the following Friday
Christmas Eve and Christmas Day
Do state employees in Kentucky get additional holidays?
Yes. State employees may receive additional days off as declared by the Governor, such as the Friday after Thanksgiving or extra time during the Christmas holiday season.
How can the Day Off app help Kentucky businesses manage leave and holidays?
The Day Off app simplifies leave and absence management for Kentucky employers by tracking PTO, vacation, sick days, and holidays in one centralized platform. It automates requests, approvals, and reporting while ensuring compliance with company policies and improving team transparency.
August 7, 2024
Kansas Leave Laws And Holidays
Understanding Kansas Leave Laws and Paid Time Off (PTO) policies, including how to effectively use tools like Day Off, is essential for employers and employees alike. Kansas leave laws provides significant flexibility in managing vacation, sick leave, and other time off, but with that comes the responsibility to follow company policies and employment contracts. This article offers a concise overview of Kansas’s PTO and leave regulations, covering vacation accrual, roll over policies, sick leave, jury duty, and military leave, to help you navigate time off management in the state.

Paid Time Off (PTO) in Kansas

Kansas leave laws does not mandate specific vacation days or payment requirements, leaving it to companies to adhere to their own policies or employment contracts. Employers in Kansas are not legally obligated to provide vacation leave, either paid or unpaid. However, if an employer chooses to offer vacation leave, they must follow relevant state laws, company policies, and employment contracts.
Employers have significant flexibility in crafting vacation leave policies that align with their business needs and employee preferences. Nonetheless, it is crucial for employers to recognize that if their practices or policies create a perceived “promise” of vacation time, they may be legally bound to honor that promise, even in the absence of a state requirement.

Accrual of Vacation Days

Kansas law does not mandate vacation accrual, but it is a common practice among employers. Employers have the liberty to design their own vacation accrual systems, whether on a weekly, semi monthly, or monthly basis, typically corresponding with pay periods. Employers may also impose caps on accrued leave to prevent employees from accumulating vacation beyond a certain limit.
There are no federal or state laws that require employers to offer accrued time off.

Roll Over of Unused Vacation Days

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

Statutory Provisions for Vacation Pay

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

Payment of Accrued, Unused Vacation upon Termination

Kansas law does not require employers to pay out accrued, unused vacation time when an employee’s employment ends unless there is a policy or practice in place that dictates such payment. Employers must adhere to their own policies regarding the payment of unused vacation time at termination.
Employers may create policies where vacation pay is only earned upon reaching an anniversary date, allowing them to withhold payment if an employee leaves before that date.

Sick Leave in Kansas

Federal law mandates up to 12 weeks of unpaid sick leave, with no additional state laws in Kansas. The federal Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid leave for personal medical reasons, to care for a close family member with a serious health condition, or for maternity or paternity leave.
To qualify for FMLA benefits, employees must have worked for their employer for at least 12 months, clocking at least 1,250 hours during the previous year, and must be employed at a location with 50 or more employees within a 75-mile radius.
While Kansas employers are required to comply with FMLA, they are not required to provide additional sick leave. However, if an employer chooses to implement a sick leave policy, they must adhere to the guidelines outlined in their employee handbook.

Maternity, Paternity, and FMLA in Kansas

The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave for maternity or paternity purposes. Employers are required to offer at least 12 weeks of unpaid family leave following the birth or adoption of a child. Unless specified otherwise by the employer, the leave must be taken in one continuous period.
FMLA eligibility is the same as for sick leave. Additionally, the Pregnancy Discrimination Act (PDA) protects pregnant employees from discrimination in various aspects of employment, including hiring, firing, pay, and promotions. The PDA applies to employers with more than 15 employees.
In Kansas, the Kansas Act Against Discrimination (KAAD) mandates that employers with four or more employees provide reasonable leave for pregnancy related temporary disabilities. This act also protects employees from sex and pregnancy discrimination. Pregnancy-related disabilities must be treated the same as any other temporary disability, with employees being allowed to use accrued vacation, sick, or PTO days during their leave.

Bereavement Leave in Kansas

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

Jury Duty Leave in Kansas

Employers in Kansas must allow employees to take unpaid, job protected leave for jury duty. Employees must be reinstated to their previous position, with the same seniority and benefits, after completing their jury service. Employers cannot retaliate against employees for serving on a jury.
While the court pays jurors a nominal fee of $10.00 per day, Kansas employers are not required to pay employees for jury duty leave, although many choose to do so.

Military Leave in Kansas

Federal law, through the Uniformed Services Employment and Reemployment Rights Act (USERRA), requires employers to provide unpaid leave for military duties. USERRA protects members of the Army and Air National Guard, granting them reinstatement rights, protection from discrimination, and the continuation of group health insurance for up to 24 months during active duty.
Kansas state law provides additional protections, including unlimited leave and reinstatement rights to the same or comparable position after military service. Employers are also required to grant up to 10 days of unpaid leave every 12 months for National Guard members to attend training camps. Public employees may receive limited paid leave and retention of benefits.

Voting Leave in Kansas

Kansas law requires employers to provide up to two consecutive hours of paid leave for employees to vote in elections. If the polls are open outside of an employee’s working hours, the employer must provide enough leave to ensure the employee has at least two consecutive hours to vote.
Employers cannot penalize or discharge employees for taking time off to vote. Any obstruction of voting rights is classified as a misdemeanor.

Kansas State Holidays in 2026

Kansas law does not require private employers to provide paid or unpaid leave for holidays. While private employers in Kansas are not mandated to offer holiday leave, many do, typically offering at least seven paid holidays. Employers are not required to pay employees extra for working on holidays, unless it benefits the employee under standard overtime laws.
Kansas officially recognizes 10 state holidays.
FAQ

Does Kansas require employers to provide paid vacation leave?
No. Kansas law does not require employers to provide paid or unpaid vacation leave. However, if an employer chooses to offer vacation benefits, they must comply with the terms outlined in their company policy or employment contract.
Are employers required to pay out unused vacation time when an employee leaves?
Yes, if an employer’s policy or contract states that unused vacation will be paid upon separation, it must be honored. If the policy does not specify payout, the employer is not obligated to pay for unused vacation days.
Does Kansas have a paid sick leave law?
No. Kansas does not have a statewide paid sick leave law for private employers. However, some employers may choose to offer paid sick leave voluntarily. Public sector employees may have different sick leave benefits determined by state or local government policies.
Does Kansas offer paid family or medical leave?
No. Kansas does not have a state specific paid family or medical leave program. Eligible employees may still take unpaid, job protected leave under the federal Family and Medical Leave Act (FMLA).
Is maternity or paternity leave paid in Kansas?
Not at the state level. Maternity and paternity leave are typically unpaid unless the employer provides paid leave benefits. However, employees may use accrued paid time off or vacation days during FMLA leave if permitted by company policy.
Are employers in Kansas required to provide bereavement leave?
No. Kansas law does not require employers to provide bereavement or funeral leave. Employers who choose to offer this type of leave must follow their internal policies or employment contracts.
Are employees entitled to jury duty leave in Kansas?
Yes. Employers must allow employees to take time off for jury duty. Employees cannot be disciplined or terminated for serving, but Kansas law does not require employers to pay employees for time spent on jury duty.
Are employees entitled to voting leave in Kansas?
Yes. Kansas law grants employees up to two consecutive hours of paid time off to vote if their work schedule does not allow sufficient time while polls are open. Employers may decide when during the workday the time off can be taken.
Are private employers required to provide paid holidays in Kansas?
No. Private employers are not required by state law to provide paid or unpaid holiday leave. Many companies voluntarily offer paid holidays as part of their employee benefits.
What public holidays are recognized in Kansas?
Kansas observes the following public holidays:
New Year’s Day
Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Does Kansas have state holidays for public employees?
Yes. State offices in Kansas follow the official holiday calendar established by the state government, which may include additional holidays such as Presidents’ Day and the day after Thanksgiving.
How can the Day Off app help Kansas businesses manage leave and holidays?
The Day Off app helps Kansas employers manage employee PTO, track vacation and sick leave, and organize holiday schedules with ease. It automates leave requests, approvals, and reporting ensuring accuracy, compliance, and transparency for teams of any size.
August 6, 2024
Connecticut Leave Laws And Holidays
Navigating Connecticut Leave Laws can be complex, with both federal and state regulations shaping Paid Time Off (PTO) and other types of leave, including day off policies. This guide simplifies the key aspects of Connecticut’s leave policies, covering vacation, sick leave, family and medical leave, and more. Whether you’re an employer or an employee, this overview will help you understand your rights and obligations regarding PTO, day off, and other leave entitlements in Connecticut.

Paid Time Off (PTO) in Connecticut

Vacation Leave Quota

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

Accrual

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

Roll Over

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

Statutory Provisions Addressing Vacation Pay

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

Payment of Accrued, Unused Vacation on Termination

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

Sick Leave in Connecticut

Federal Laws – Leave Quota

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

State Sick Leave Laws in Connecticut

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

Eligible Employers and Employees

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

Accrual Rate and Maximum

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

Rollover Rules

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

Paid Sick Leave Use

Employees can use their sick leave for their own or their spouse’s or child’s illness, injury, or medical care. The law also covers time off for domestic violence or sexual assault, including medical and psychological care.
2023 Update
As of October 1, 2023, Connecticut expanded the permissible uses of paid sick leave to include “mental health wellness days” and leave for parents or guardians to care for children affected by family violence or sexual assault.

Waiting Period

Although employees begin accruing sick leave immediately upon employment, they can only use it after working 680 hours. For employees working eight-hour days, this equates to 85 days of employment.
Protection
Employers are prohibited from retaliating against employees who request or use eligible paid sick leave.
Payout
Employers are required to pay for eligible sick leave.

Connecticut Family and Medical Leave (CTFMLA)

Connecticut Family and Medical Leave (CTFMLA)

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

Paid Family and Medical Leave Act (PFMLA)

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

Eligibility for PFMLA

To qualify for PFMLA benefits, employees must have earned $2,325 in the highest earning quarter of the previous four quarters and must be currently employed or have been employed within the last 12 weeks.
Covered Reasons
PFMLA covers various reasons, including the birth or adoption of a child, caring for a family member with a serious health condition, the employee’s serious health condition, organ or bone marrow donation, and certain situations related to military service.
Payout
PFMLA is funded through mandatory payroll deductions from employees’ wages.

Maternity, Paternity, and FMLA in Connecticut

Federal Law

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

Connecticut Family and Medical Leave (CTFMLA)

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

Paid Family and Medical Leave Act (PFMLA)

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

Pregnancy Discrimination and Accommodation in the Workplace

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

Bereavement Leave in Connecticut

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

Jury Duty Leave in Connecticut

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

Military Leave in Connecticut

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

Voting Leave in Connecticut

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

Connecticut State Holidays for 2026

Private employers in Connecticut are not required by law to provide holiday leave. If an employer does offer paid or unpaid holiday leave, they must follow their established company policy or employment contract. Connecticut officially observes 13 state holidays.
This comprehensive overview of Connecticut’s leave policies highlights the various types of leave employees may be entitled to, along with the corresponding legal requirements for employers.
FAQ

Is paid vacation leave mandatory in Connecticut?
No. Connecticut law does not require employers to provide paid vacation leave. However, if an employer chooses to offer it, they must follow their written policy or employment agreement regarding accrual, usage, and payout upon termination.
Are employers required to pay out unused vacation time when an employee leaves?
Yes, if the employer’s policy or contract states that unused vacation time will be paid out upon termination, they are legally obligated to do so. If there is no such policy, payout is not required.
Does Connecticut have a paid sick leave law?
Yes. Under the Connecticut Paid Sick Leave law, most employers with 50 or more employees must provide up to 40 hours of paid sick leave per year to eligible service workers. Employees accrue one hour of paid sick leave for every 40 hours worked.
What is the Connecticut Paid Leave (CTPL) program?
The Connecticut Paid Leave program provides paid time off for eligible workers who need leave for medical, family, or caregiving reasons. It offers up to 12 weeks of paid leave (plus two additional weeks for pregnancy related complications) funded by employee payroll contributions.
When can employees start using paid family or medical leave?
Employees can apply for Connecticut Paid Leave benefits once they meet the program’s eligibility requirements, including having earned wages in the state and contributed to the Paid Leave Trust Fund.
Is maternity or paternity leave paid in Connecticut?
Yes. Eligible employees can receive paid benefits through the CT Paid Leave program for childbirth, adoption, or bonding with a new child. Additional unpaid, job protected leave may be available under the federal FMLA or Connecticut Family and Medical Leave Act (CTFMLA).
Does Connecticut require employers to provide bereavement leave?
No. There is no state law mandating bereavement leave. Employers may choose to provide it according to their internal policies or employee handbooks.
Are employees entitled to jury duty leave in Connecticut?
Yes. Employers must provide job protected leave for jury duty. Full time employees are entitled to their regular pay for the first five days of jury service. Employers cannot penalize employees for fulfilling jury obligations.
Are employees entitled to time off to vote in Connecticut?
Yes. Connecticut law requires employers to grant employees up to two hours of unpaid time off to vote in state elections, provided the employee requests it at least two working days in advance.
What public holidays are observed in Connecticut?
Connecticut observes the following state and federal holidays:
New Year’s Day
Martin Luther King Jr. Day
Lincoln’s Birthday
Washington’s Birthday (Presidents’ Day)
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
Are private employers required to provide paid holiday leave?
No. Private employers in Connecticut are not required by law to provide paid or unpaid time off for holidays. However, many choose to do so as part of their company policy or benefits package.
How can the Day Off app help Connecticut businesses manage leave?
The Day Off app simplifies leave tracking and compliance by helping Connecticut employers manage PTO, sick leave, and holidays in one platform. It supports custom leave policies, integrates with tools like Google Calendar, and ensures accurate accrual and reporting.
Smarter time off tracking starts here.

Sign up for free
August 5, 2024
Colorado Leave Laws And Holidays
Understanding Colorado leave laws, including leave management, Paid Time Off (PTO), and Day off policies, is essential for both employers and employees. This article provides a clear overview of key aspects of leave policies in Colorado, covering state and federal regulations, employer obligations, and employee rights. Whether you’re shaping workplace policies or seeking to know your entitlements, this guide will help you navigate Colorado’s Day off and leave laws effectively.

Paid Time Off (PTO) in Colorado

Leave Quota

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

Company Vacation Policies

Company vacation policies may cover several aspects, such as:
Whether vacation pay is available
The amount of vacation pay provided annually or over a specific period
How vacation pay is accrued whether it’s granted all at once or gradually over time (weekly, monthly, etc.)
Whether there’s a cap on the amount of vacation time that can be accrued annually or beyond
In workplaces governed by a collective bargaining agreement, vacation policies both paid and unpaid are mandatory subjects of negotiation.

Accrual

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

Carryover

Colorado leave laws prohibits “Use-It or Lose It” policies for vacation, sick leave, or any other type of accrued paid leave. Colorado is among a select few states, including California, Nebraska, and Montana, where such policies are not permitted. It is illegal for employers to require employees to forfeit unused vacation time after a certain date, such as the end of the year. As a result, employers must allow employees to carry over unused vacation time into the following year.
This prohibition on “Use It or Lose It” policies was established by a Colorado Supreme Court ruling in June 2021. Nevertheless, employers may impose a ceiling on the number of vacation days that can be accrued.

Payment of Accrued, Unused Vacation Upon Termination

Employers are required to compensate employees for any accrued vacation time upon the end of employment. Employers cannot legally enforce a policy or agreement that denies employees payment for accrued vacation leave. However, while vacation leave is considered wages under the law, it is explicitly stated that employers are not required to pay out unused sick leave at termination.
Strict guidelines, including the employer’s past practices, industry standards, and mutual understandings between employer and employee, help determine when vacation time is considered “earned” under a specific policy.
Payout
Employers are responsible for paying out earned vacation leave.

Sick Leave in Colorado

Federal Laws: Leave Quota

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

Colorado State Laws: Paid Sick Leave

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

Accrual Rate and Carry Over

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

Waiting Period

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

Permitted Uses of Paid Sick Leave

Paid sick leave can be used for the following purposes:
To address a personal illness, injury, or health condition, or to seek medical diagnosis, care, treatment, or preventive care
To care for a family member with a similar health issue or preventive care needs
If the employee or a family member has been a victim of domestic violence, sexual assault, or harassment, necessitating time off for related reasons
When a public health emergency leads to the closure of the employee’s child’s school or place of business, requiring the employee’s absence from work
Payout of Sick Leave
Employers are responsible for paying out sick leave.

Colorado’s New FAMLI Program Started in 2023

In November 2020, Colorado voters passed Proposition 118, paving the way for the Paid Family and Medical Leave Insurance (FAMLI) program. This program provides most Colorado workers with up to 12 weeks of paid time off to care for themselves or their families during significant life events that require them to take a leave of absence from work.
Eligible reasons for taking leave under the FAMLI program include serious health conditions, the birth or adoption of a child, caring for a family member with a serious health condition, managing family member military deployment arrangements, or seeking safe leave due to domestic violence.
Contributions to this program by employers and employees began on January 1, 2023, with benefits becoming available on January 1, 2024. The program is funded by a payroll tax, initially set at 0.9% of an employee’s wages, split evenly between employers and employees. This tax will increase over time. Small employers with fewer than 10 employees are exempt from the employer premium.
Employees who have worked for their employer for at least 180 days and earn a minimum of $2,500 annually are generally eligible for paid family leave.
Employers should plan ahead for the implementation of this new payroll tax, inform their employees about the new policy, and establish procedures for managing the initiative.
Payout
Paid family and medical leave under the FAMLI program is funded by payroll taxes paid equally by employers and employees.

Maternity, Paternity, and FMLA in Colorado

Federal Law

The Family and Medical Leave Act (FMLA) mandates that Colorado employers with 50 or more employees provide up to 12 weeks of unpaid maternity or paternity leave to expectant and new parents. As a federal law, FMLA is the primary regulation in the U.S. for establishing these leave policies. The provisions are generally consistent across the country. For detailed information about FMLA, refer to the “Sick Leave in Colorado => Federal Laws: Leave Quota” section above.
The Pregnancy Discrimination Act (PDA), another federal law, prohibits discrimination based on pregnancy in any employment aspect, including hiring, firing, promotions, and fringe benefits. This law applies to employers with 15 or more employees.

Additional State Laws in Colorado

Colorado leave laws has additional maternity and paternity leave laws, including the Pregnant Workers Fairness Act, which requires employers to provide reasonable accommodations to pregnant employees. These accommodations may include more frequent or longer breaks, light duty work, job restructuring, equipment modifications, or adjusted work schedules.
The Adoptive Parents Leave law mandates that employers who offer parental leave to biological parents must also extend the same leave to adoptive parents, though this requirement does not apply to step parent adoptions. The law does not require employers to provide leave initially but ensures that adoptive parents receive equal treatment as biological parents.
The FAMLI program, mentioned above, also provides paid leave for new parents following the birth or adoption of a child. Employees may receive up to 12 weeks of partial pay, with an additional four weeks available for those experiencing pregnancy or childbirth complications.
Payout
FMLA mandated maternity leave is unpaid, while the FAMLI program is supported by payroll taxes paid equally by employers and employees.

Bereavement Leave in Colorado

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

Bereavement leave is generally unpaid.

Jury Duty Leave in Colorado

Colorado leave laws requires employers to provide paid, job protected leave to employees serving on a jury. Employers must compensate regular employees up to $50 per day for the first three days of trial or grand jury service unless a higher amount has been agreed upon. From the fourth day onwards, the state pays a $50 per diem to regular employees.
Employees called for jury duty must be excused from work, and part time or temporary employees who have worked for the same employer for at least three months are considered “regularly employed” and are eligible for jury duty leave. Colorado law also protects employees from job termination, harassment, or any form of retaliation for fulfilling their jury service obligations.
Employees are not entitled to compensation for time spent testifying, responding to subpoenas, or acting as plaintiffs or defendants in court.
Payout

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

Military Leave in Colorado

Federal Law

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

Colorado State Law

In addition to USERRA, Colorado state law provides additional protections for state and U.S. military service members. Employees called to active service are entitled to unlimited unpaid leave and must be reinstated to their previous positions with all the wages, seniority, and benefits they would have accrued if continuously employed.
Colorado leave laws also grants up to 15 days of unpaid leave per year for National Guard or U.S. armed forces members to attend military exercises. These employees have reinstatement rights to their previous positions if they remain qualified for the job.
Public employees in Colorado are eligible for additional benefits, such as paid annual military leave, additional military leave, reinstatement rights, and retention of benefits.

Voting Leave in Colorado

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

Employers are responsible for paying employees for voting leave.

Colorado State Holidays in 2026

Colorado law does not require private employers to offer holiday leave. Employers in the private sector are not obligated to provide paid or unpaid time off for holidays and may require employees to work on holidays. Additionally, Colorado wage law neither mandates nor prohibits extra pay for holiday work. When employees are compensated for a non working holiday, those hours do not count toward overtime unless actual work was performed on the holiday.
If private employers choose to provide holiday leave, whether paid or unpaid, they must follow their established company policy or the terms of an employment contract.
Colorado officially recognizes 11 state holidays.

Colorado Leave Laws FAQ

Is vacation leave mandatory in Colorado?
No. Colorado law does not require employers to provide vacation leave. However, if an employer chooses to offer it, they must treat it as earned compensation. This means any unused, accrued vacation must be paid out to the employee when their employment ends.
Can employers enforce “Use It or Lose It” policies in Colorado?
No. Colorado prohibits “Use It or Lose It” vacation policies. Employees must be allowed to carry over any unused, accrued vacation time, and employers cannot require them to forfeit it after a specific date.
Do employees receive paid sick leave in Colorado?
Yes. Under the Healthy Families and Workplaces Act (HFWA), all employees in Colorado accrue paid sick leave at a rate of 1 hour for every 30 hours worked, up to 48 hours per year. Unused sick leave can roll over into the next year, up to the same cap.
When can Colorado employees start using accrued sick leave?
Employees begin accruing paid sick leave from their first day of employment and can use it as soon as it is earned. Employers cannot impose any waiting period.
What is the FAMLI program?
The Family and Medical Leave Insurance (FAMLI) program is a state run initiative that provides eligible Colorado workers with up to 12 weeks of paid leave for qualifying life events. These include serious health conditions, bonding with a new child, or caring for a family member. Funded by payroll taxes, benefits became available in January 2024.
Is maternity or paternity leave paid in Colorado?
Unpaid leave is available through the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of job protected leave. In addition, paid leave may be available through the FAMLI program or specific employer policies.
Are employers required to provide bereavement leave?
No. Colorado law does not require employers to offer bereavement leave. However, if a company chooses to offer it, they must adhere to their established policy or employment agreements.
What are the rules for jury duty leave?
Colorado employers must provide job-protected leave for jury duty and pay regular employees up to $50 per day for the first three days of service. From the fourth day onward, the state provides compensation. Retaliation or termination due to jury duty is prohibited.
How does military leave work in Colorado?
Under both state and federal law, employees called to military service are entitled to unpaid leave and must be reinstated to their previous position upon return. Public employees may also receive additional benefits, including paid military leave.
Do employees get paid time off to vote?
Yes. Colorado law grants up to two hours of paid leave to vote in a primary or general election. This applies only if the employee’s work schedule does not otherwise allow three consecutive hours before or after their shift to vote.
Are employers required to provide holiday leave in Colorado?
No. Private employers are not required to offer holiday leave, paid or unpaid, nor are they obligated to provide additional pay for employees who work on holidays. However, if holiday benefits are provided, employers must comply with their own policies or contractual terms.
Smarter time off tracking starts here.

Sign up for free

Conclusion

Understanding Colorado’s leave laws is vital for both employees and employers. From PTO and sick leave to jury duty and family leave, these regulations ensure fair treatment and clarity in the workplace. By staying informed and adhering to state and federal guidelines, organizations can build a compliant and supportive work environment, while employees can confidently exercise their rights to time off when it matters most.
August 4, 2024
Iowa Leave Laws And Holidays
Iowa leave laws offer employers significant flexibility in managing paid time off (PTO) and other types of leave. Unlike many states, Iowa doesn’t mandate specific leave policies, leaving it up to employers to set their own guidelines. Whether you’re using tools like Day Off to track PTO or simply navigating these policies, this article provides a concise overview of the key regulations and common practices for PTO, sick leave, maternity leave, bereavement leave, and more in Iowa, helping both employers and employees understand their rights and responsibilities.

Paid Time Off (PTO) in Iowa

Leave Quota

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

Accruals

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

Roll Over

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

Statutory Provisions Addressing Vacation Pay

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

Payment of Accrued, Unused Vacation on Termination

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

Sick Leave in Iowa

Federal Law – Leave Quota

The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job protected leave for personal or family medical reasons. This includes caring for a seriously ill family member, dealing with one’s own medical condition, or maternity and paternity leave.
To qualify for FMLA benefits, an employee must have been employed by the company for at least 12 months, working a minimum of 1,250 hours during that period, and must work at a location where the employer has at least 50 employees within a 75-mile radius. Employers may also offer additional sick leave benefits beyond the federal requirement.

Iowa State Laws

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

Maternity, Paternity, FMLA in Iowa

Federal Law

Under the FMLA, eligible employees in the U.S. are entitled to 12 weeks of unpaid leave for the birth or adoption of a child. Unless the employer specifies otherwise, this leave must be taken consecutively.
The Pregnancy Discrimination Act (PDA) is another federal law that protects pregnant employees, prohibiting discrimination in all aspects of employment, including hiring, pay, job assignments, and benefits. This law applies to employers with 15 or more employees.

Additional State Laws in Iowa

In addition to federal protections, the Iowa Civil Rights Act requires employers with at least four employees to provide up to eight weeks of unpaid leave for temporary disabilities related to pregnancy and childbirth. This law ensures that pregnancy related disabilities are treated the same as other temporary disabilities.
If an employee has a pregnancy related disability and no other leave options are available, or if those options have been exhausted, the employee is entitled to leave. Employees must give the same notice for this leave as they would for any other disability leave.

Bereavement Leave in Iowa (Funeral Leave)

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

Jury Duty Leave in Iowa

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

Military Leave in Iowa

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

Voting Leave in Iowa

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

Iowa State Holidays in 2026

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

Does Iowa law require employers to provide paid vacation or sick leave?
No, Iowa state law does not require employers to provide paid vacation or sick leave. However, if an employer offers such benefits, they must follow their established written policy regarding accrual and payout.
Are employers in Iowa required to pay out unused vacation days when an employee leaves?
Yes, if the employer’s policy or contract states that unused vacation will be paid out upon termination, the company must honor that agreement. If there is no such policy, payout is not required.
Does Iowa have a paid family or medical leave law?
Iowa does not currently have a state mandated paid family or medical leave program. However, employees may be eligible for unpaid leave under the federal Family and Medical Leave Act (FMLA).
What public holidays are recognized in Iowa?
Iowa observes several state and federal holidays, including:
New Year’s Day
Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Are private employers required to give time off for holidays?
No, private employers in Iowa are not legally required to provide paid or unpaid holiday leave. However, many companies choose to observe major holidays as part of their benefits policy.
Does Iowa law require employers to provide bereavement leave?
No, bereavement leave is not required by Iowa law. Employers may choose to offer it as part of their internal policy.
Are employees entitled to jury duty leave in Iowa?
Yes, employees are entitled to unpaid leave for jury duty. Employers cannot terminate or penalize employees for fulfilling jury service obligations.
Are employees in Iowa entitled to voting leave?
Yes. Employees who do not have three consecutive non working hours while polls are open are entitled to up to three hours of paid time off to vote, provided they request it in advance.
Can employers require employees to use PTO for holidays or closures?
Yes, employers can require employees to use accrued PTO during holidays or business closures, as long as it complies with the company’s written policy.
How can the Day Off app help Iowa businesses manage leave and holidays?
The Day Off app helps Iowa businesses track PTO, sick days, and holidays automatically. It simplifies leave approvals, ensures compliance with company policies, and integrates with tools like Google Calendar for seamless scheduling.
August 1, 2024
Indiana Leave Laws And Holidays
Indiana’s leave laws offer broad flexibility, placing many of the choices in employers’ hands. From Paid Time Off (PTO) and vacation days to maternity/paternity, sick leave, and leaves like jury duty or military service, this guide walks through the main topics so both employers and employees understand how things work in Indiana.

Paid Time Off (PTO)

In Indiana, there are no state laws that require employers to offer PTO or vacation time as a benefit. The key point is: if an employer chooses to offer PTO or vacation time, then the rules around accrual, payout, termination, and forfeiture must follow whatever the employer’s written policy or contract states.

Leave quota & accrual: Since the state doesn’t mandate vacation days, employers decide if and how employees earn them. Employers often choose accrual methods (monthly, semimonthly, etc) and may set caps on how much leave can accumulate over time.

Use-it-or-lose-it rules & rollover: Indiana allows “use-it-or-lose-it” provisions, meaning employers can include terms in their policy that unused vacation or PTO may be forfeited if not used. But these policies must be clearly written and employees must have a reasonable opportunity to use their time.

Upon termination / payout: If an employee leaves and unused PTO or vacation is owed, the handling depends on the employer’s policy or contract. Without a policy stating otherwise, Indiana courts have held that accrued, unused vacation must be paid. Employers should ensure their policies clearly spell out what happens at separation.

Sick Leave

Indiana does not require private-sector employers to provide paid sick leave by state statute. If an employer does provide sick leave (paid or unpaid), then the employer’s policy governs how it accrues, how it may be used, and whether it is paid out. Federal law such as the Family and Medical Leave Act (FMLA) may provide job-protected unpaid leave, but state law does not mandate separate paid sick leave for all employees.

Maternity, Paternity & Family Leave

Under federal law (FMLA), eligible employees may take up to 12 weeks of unpaid, job-protected leave for qualifying family or medical reasons (such as birth/adoption of a child, or serious health condition). In Indiana, there is no separate state-mandated paid family leave or paid maternity/paternity leave for private employers beyond this.

Indiana does have laws addressing pregnancy accommodations (for employers with 15+ employees) and protections under the Indiana Civil Rights Act against discrimination on the basis of pregnancy or sex. Employers should respond to accommodation requests in a reasonable timeframe.
Payout for maternity, paternity, or adoption leave is not required by Indiana law if the leave is unpaid.

Bereavement Leave (Funeral Leave)

There is no state statute in Indiana that requires employers to offer paid or unpaid bereavement or funeral leave. If an employer chooses to offer it, the policy or practice determines the rules. Otherwise, no payout obligation is imposed by state law.

Jury Duty Leave

Indiana law requires employers to provide unpaid time off for employees summoned for jury duty, this leave is job-protected, meaning the employer cannot penalize an employee for attending jury service. However, employers are not required to pay wages during the jury duty period under state law unless their policy provides for it.

Military Leave

Federal law via the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who serve in the uniformed services, ensuring reinstatement rights and anti-discrimination. Indiana law supplements this: private-sector employers must allow up to 15 days of military leave for training or active duty, but only state or local government employees are guaranteed paid leave. In the private sector, the leave is unpaid unless employer policy says otherwise. Employers must reinstate employees to their former or similar position upon return.

Voting Leave

Indiana does not require employers to provide paid or unpaid leave specifically for voting. Employers have discretion to offer voting time off, but it is not mandated by the state.

State Holidays

Indiana law does not require private employers to provide paid or unpaid time off for state holidays. The state government lists certain official holidays, but private employers may require employees to work on those days unless a policy states otherwise.

Key Takeaways for Employers & Employees

Employers in Indiana have significant flexibility to design leave and PTO programs, but once a leave policy or contract is in place, the employer must comply with its terms.

For employees, understanding your employer’s policy is critical: since state law doesn’t guarantee many types of leave or payout, your rights often depend on what your company says.

For PTO and vacation: if your employer offers it, find out how accrual works, whether there’s a cap or forfeiture (“use-it-or-lose-it”), and what happens when you leave.

For termination or separation: if you have accrued PTO or vacation and there is a policy or contract promise to pay it out, make sure the policy is followed; otherwise you may have recourse.

While state law doesn’t mandate many paid leaves in Indiana, federal protections still apply (e.g., FMLA, USERRA). Employers should ensure their policies are consistent with federal law and clearly communicated.

Good communication is essential. Clear, written policies that employees can easily find, regular reviews, and transparent practices help avoid misunderstandings and legal risk.
Frequently Asked Questions (FAQ) Indiana Leave Laws

Does Indiana require employers to provide Paid Time Off (PTO)?
No. Indiana does not have any state law that requires private employers to offer PTO or vacation time. It’s completely up to each employer to decide whether to provide it. However, if an employer chooses to offer PTO, they must follow their own written policy or employment agreement regarding accrual, use, and payout.
What happens to unused PTO when I leave my job?
That depends on your company’s policy. If your employer’s policy or contract promises payment for unused vacation or PTO when you leave, they must pay it. If the policy clearly states that unused time will not be paid, the employer can legally withhold it. In the absence of any written policy, Indiana courts generally consider earned PTO payable upon separation.
Are “use-it-or-lose-it” PTO policies legal in Indiana?
Yes. Indiana allows “use-it-or-lose-it” policies, which means employers can require employees to use their accrued vacation or PTO by a certain date or lose it. The key requirement is that the policy must be clearly communicated in writing and employees must have a reasonable opportunity to use their time before it expires.
Does Indiana require employers to provide paid sick leave?
No. Indiana does not have a law requiring private employers to provide paid or unpaid sick leave. However, employers that choose to offer it must follow their own policy. Some employees may still be covered by federal laws such as the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons.
What kind of family or parental leave can employees take in Indiana?
Indiana does not have its own state family or parental leave law. Eligible employees can take up to 12 weeks of unpaid leave under the federal FMLA for the birth or adoption of a child, serious health conditions, or to care for a family member. Indiana also provides limited pregnancy-related protections, such as requiring employers with 15 or more employees to consider reasonable pregnancy accommodations.
Are employees in Indiana entitled to paid maternity or paternity leave?
No, state law does not require paid maternity or paternity leave. However, employees covered by FMLA can take up to 12 weeks of unpaid, job-protected leave. Some employers voluntarily offer paid parental leave, so employees should check their company’s benefits policies.
Does Indiana law require employers to provide bereavement or funeral leave?
No. Indiana does not mandate bereavement or funeral leave. If an employer offers it, the policy’s details, such as how many days are allowed and whether it’s paid, are determined by the company. Once offered, employers must follow their stated policy.
Are employees paid while serving on jury duty?
Not necessarily. Indiana requires employers to give employees unpaid time off for jury duty, but it does not require them to pay for that time. Employers cannot penalize or fire employees for performing jury service, and employees may need to show their jury summons as proof of obligation.
What are my rights if I’m called to military duty in Indiana?
Employees called to active duty are protected under both federal and state laws. The federal USERRA law guarantees job protection and reinstatement after military service. Indiana law allows employees up to 15 days of military leave for training or active duty each year. For state and local government workers, this leave is paid; for private employees, it is typically unpaid unless company policy says otherwise.
Do Indiana employees get time off to vote?
No. Indiana law does not require employers to provide time off, paid or unpaid, for voting. However, many employers voluntarily offer flexibility or schedule adjustments to allow employees to vote during polling hours.
Are employers required to provide paid holidays?
No. Private employers in Indiana are not required to offer paid or unpaid holidays. Many choose to do so as part of competitive benefits packages, but it’s not a legal requirement. State and federal government employees, however, typically receive paid holidays based on official calendars.
How does the Family and Medical Leave Act (FMLA) apply in Indiana?
The FMLA applies to most employers with 50 or more employees within a 75-mile radius. Eligible employees, those who have worked for their employer for at least 12 months and 1,250 hours in the previous year, can take up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Employers must maintain group health insurance during FMLA leave just as if the employee were actively working.
What should employers do to stay compliant with Indiana leave laws?
Employers should maintain clear, written policies for all types of leave, including PTO, vacation, sick, family, and unpaid leave. Policies should be distributed to all employees and consistently enforced. Employers should also make sure their policies align with federal laws like FMLA and USERRA. Regular legal reviews can help ensure continued compliance as laws evolve.
What should employees do if they believe their leave rights have been violated?
Employees who think their employer has violated leave or wage laws should first review the company’s policies and then discuss the issue with HR. If the issue isn’t resolved, employees may contact the Indiana Department of Labor or the U.S. Department of Labor’s Wage and Hour Division to file a complaint or seek guidance.
Why is it important to understand leave policies in Indiana?
Because Indiana gives employers so much control over their own leave policies, both employers and employees must know what’s in their policy documents. For employers, clear policies prevent misunderstandings and potential legal issues. For employees, understanding your rights and benefits ensures you can plan time off responsibly, maintain good communication, and protect your job while taking necessary leave.

Conclusion

In Indiana, many decisions around leave, whether it’s Paid Time Off, vacation, sick leave, maternity/paternity, or other types of time off, are shaped more by employer policy than by state law. While this means employers have freedom, it also means they carry the responsibility of setting fair, clear rules and following them consistently. For employees, success lies in being aware of what your employer’s policy says and what your federal rights provide. When policies are well-written, accessible, and applied fairly, both employers and employees benefit: companies maintain clarity and compliance, and employees know what they can expect and how to plan their time off. In 2026, investing time in reviewing and understanding your leave strategies can help create a healthier, more productive workplace.

Smarter time off tracking starts here.

Sign up for free
July 31, 2024
Illinois Leave Laws And Holidays
Illinois has joined Maine and Nevada as one of the few states in the U.S. to require paid leave for any reason. This major shift means workers across the state now have more flexibility to take time off, whether for vacation, illness, personal needs, or emergencies, without having to explain why.

In this guide, we’ll break down how paid time off (PTO) is earned and used in Illinois, and also explain other types of leave, including sick leave, maternity and paternity leave, bereavement, jury duty, military service, and voting leave. Whether you’re an employer updating your policies or an employee learning about your rights, this article will help you understand how these laws affect you in 2026.

Paid Time Off (PTO) in Illinois

Illinois Implements ‘Any Reason’ Paid Leave

Illinois’ Paid Leave for All Workers Act officially took effect on January 1, 2024, making it one of the most employee-friendly leave laws in the nation. Under this law, most workers in Illinois can now take paid time off for any reason, no questions asked.

That means you can use your time for:

Vacation or travel

Personal errands or family time

Mental health days

School events or caregiving

Or simply taking a break when you need it

You don’t have to provide a reason or documentation to your employer; it’s truly “paid leave for any reason.”

Accrual and Coverage

How It Works:

Employees earn one hour of paid leave for every 40 hours worked, up to 40 hours (or five days) per 12-month period.

Both full-time and part-time employees are eligible.

Accrual begins on your first day of employment or January 1, 2024, whichever is later.

You can start using your accrued time after 90 days of employment.

Covered Employers:

This law applies to:

All private employers, regardless of size

State and local government agencies

Exceptions:
Certain school districts, park districts, and unionized workers in construction or transportation covered by a valid collective bargaining agreement (CBA) are not required to follow this law.

Front-Loading or Accrual System

Employers can choose between two methods:

Accrual System:
Employees earn leave gradually, one hour for every 40 hours worked, and unused hours can carry over to the next year (up to 40 hours).

Front-Loading System:
Employers can choose to give all 40 hours at the beginning of the year, so employees have access to their full leave balance upfront.

Tip for Employees:
If your employer uses front-loading, unused hours at the end of the year might not carry over, so make sure to check your company’s policy.

Usage Rules

Employees can use their paid leave for any purpose, and employers cannot require documentation or ask for a reason.

Employers may:

Require up to seven days’ notice for foreseeable leave (like planned vacations).

Ask for notice as soon as possible in emergencies or unexpected situations.

Set a minimum usage increment (for example, requiring at least two hours off at a time).

Employers cannot:

Deny leave for arbitrary reasons.

Retaliate against employees for using their earned paid time off.

Compensation and Payout

Paid leave must be compensated at the employee’s regular hourly rate.

Unused paid leave does not have to be paid out when you leave your job, unless it’s part of a broader PTO or vacation policy that combines all paid leave together.

Employers are required to keep accurate records of leave accrued, used, and remaining.

Chicago and Cook County Exceptions

If you work in Chicago or Cook County, local ordinances already provide paid leave and may even exceed the state’s minimum standards. Employers in these areas must follow whichever rule provides greater benefits to employees.

Sick Leave in Illinois

Federal Sick Leave (FMLA)

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period.

This covers:

Your own serious health condition

Caring for a seriously ill family member

Pregnancy, childbirth, or adoption

Eligibility Requirements:

You’ve worked for your employer for at least 12 months

You’ve worked 1,250 hours in the past year

Your employer has 50 or more employees within 75 miles

Although FMLA leave is unpaid, it protects your job and health benefits during your absence.

Illinois Employee Sick Leave Act

Illinois law requires employers who offer sick leave benefits to allow employees to use that time to care for family members, not just themselves. Family members include:

Children and stepchildren

Spouses and domestic partners

Parents, stepparents, and grandparents

Employers are not required to provide sick leave, but if they do, it must comply with this law.

Chicago and Cook County Sick Leave Ordinances

Workers in Chicago and Cook County have additional protections.
Under local law, employees accrue one hour of paid sick leave for every 40 hours worked, up to 40 hours per year.

You can carry over up to 20 hours of unused sick leave each year.

If you also qualify for FMLA, you may carry over an additional 40 hours.

Unused sick leave generally is not paid out when you leave your job.

Maternity, Paternity, and Family Leave

Federal Protections

Under FMLA, new parents can take up to 12 weeks of unpaid, job-protected leave for:

Pregnancy or childbirth

Adoption or foster placement

Caring for a newborn or new family member

Your job (or an equivalent one) must be available when you return.

Illinois State Laws

The Illinois Human Rights Act prohibits discrimination based on pregnancy, childbirth, or related conditions. Employers must treat pregnant employees the same as others with temporary disabilities, for example, providing reasonable accommodations or light-duty options.

Currently, Illinois does not require paid maternity or paternity leave at the state level, but many employers offer paid parental leave voluntarily.

Bereavement Leave

Illinois’ Family Bereavement Leave Act provides up to 10 working days of unpaid leave following the death of:

A child, stepchild, or foster child

A spouse or domestic partner

A parent, sibling, grandparent, or grandchild

Large employers (with 50+ employees) are required to provide this leave.
Employees may also use it following a miscarriage, stillbirth, or failed adoption or fertility procedure.

Bereavement leave is unpaid, but employers can allow workers to use their paid leave balance during this period.

Jury Duty Leave

Employees in Illinois are entitled to unpaid leave when serving on a jury.

Requirements:

Notify your employer within 10 days of receiving a jury summons.

Employers cannot penalize or fire you for fulfilling your civic duty.

Employers are not required to pay for jury duty leave, but many choose to as a courtesy.

Military Leave

Federal Protections (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of employees who serve in the U.S. military. It ensures they can return to work after completing their service, with no loss of seniority or benefits.

Illinois State Protections

Illinois also has its own Service Member Employment and Reemployment Rights Act (ISERRA), which offers additional safeguards for members of the National Guard and Reserve.

Family Military Leave

Family members of active-duty service members can take up to 30 days of unpaid leave under the Illinois Family Military Leave Act when their loved one is called to duty.

Military-related leaves are typically unpaid, but employers may allow the use of accrued paid time off.

Voting Leave

Illinois encourages civic participation by allowing employees up to two hours of paid leave to vote if their work schedule doesn’t already provide a two-hour window while polls are open.

Employees must:

Request time off at least one day before Election Day.

Be paid their regular wages for time taken to vote.

Illinois State Holidays (2026)

Illinois officially recognizes 13 public holidays.
Public sector employees typically receive paid holidays, while private-sector employers are not required to provide paid time off for these days unless their company policy or contract states otherwise.
Frequently Asked Questions (FAQ)

Who qualifies for paid leave in Illinois?
Most employees in Illinois qualify, both full-time and part-time. The law covers almost every private and public employer, with a few exceptions for certain school and park districts and some unionized workers in construction and transportation.
If you receive regular wages and are not part of an excluded union group, you’re very likely eligible for paid leave under this law.
How much paid leave can I earn each year?
Employees earn one hour of paid leave for every 40 hours worked, up to 40 hours (five days) in a 12-month period. You start earning leave on your first day of work and can begin using it after 90 days.
Part-time employees earn time off at the same rate, just based on their actual hours worked.
Can my employer ask why I’m taking leave?
No, your employer cannot ask for a reason or demand proof. The law allows employees to use leave for any reason, whether for rest, family needs, appointments, or personal time.
Employers can only ask for advance notice if your leave is planned, typically seven days ahead.
When can I start using my paid leave?
You begin accruing leave on your first day of employment, but you must wait 90 days before using it. After that, you can take your paid time off whenever you need to, as long as you follow your employer’s notice rules.
Can I carry over unused hours?
Yes, if your employer uses an accrual system, unused hours can roll over to the next year, but the total available time is capped at 40 hours per year.
If your employer front-loads all 40 hours at the start of the year, carryover isn’t required.
Will I be paid for unused leave if I leave my job?
Usually not. Employers don’t have to pay out unused leave unless it’s part of a combined PTO or vacation bank that already requires payout under company policy.
Check your employer’s policy, some businesses choose to pay unused leave even though it’s not required.
How does this law work with local rules in Chicago or Cook County?
Chicago and Cook County have their own paid leave ordinances, which may offer more benefits than the state law. Employers in these areas must follow whichever rule provides the greater benefit to employees.
That means local laws take priority if they’re more generous.
Do these laws affect union employees?
Certain union employees in construction and transportation are exempt if their collective bargaining agreement already includes leave provisions. Other union workers are generally covered unless their contracts say otherwise.
Can I be punished for using my paid leave?
No. Employers cannot retaliate, discipline, or fire you for taking your earned paid leave. If that happens, you can file a complaint with the Illinois Department of Labor, which enforces this law.
What should employers do to stay compliant?
Employers should update their handbooks, track leave accurately, post required notices, and train managers on the new law. Keeping clear records and encouraging open communication helps ensure compliance and builds employee trust.

Conclusion

The Illinois Paid Leave for All Workers Act marks a major step forward for worker rights and flexibility. By giving employees the freedom to take paid time off for any reason, Illinois has joined a small but growing group of states that recognize the importance of rest, family time, and personal well-being.

For employees, this law means more control over your schedule and peace of mind knowing you can take time off without fear of losing pay or facing workplace penalties. For employers, it’s a chance to build a healthier, more productive workplace where people feel respected and supported.

As 2026 approaches, both employers and workers should make sure they understand how the law applies to them. Keeping clear records, updating policies, and communicating expectations will help everyone stay compliant, and help Illinois continue leading the way in creating fair, flexible workplaces.

Smarter time off tracking starts here.

Sign up for free
July 24, 2024