Shift2Cal
You wake up with a fever two hours before a closing shift. Can you stay home and still get paid? Under federal law, there is no general right to paid sick leave. A growing number of states and cities have their own rules, though, and for people on rotating or changing schedules, the details (how hours are earned, when you can use them, whether you must find a replacement) matter a lot. This guide compares what the official pages of the U.S. Department of Labor, California, Washington and New York State say.
In this guide:
- 1. What federal law says
- 2. How state sick leave laws usually work
- 3. California, Washington and New York State
- 4. Side-by-side comparison
- 5. What it means for shift workers
- 6. A worked example (illustrative)
- 7. Keep track of hours worked and days off
What federal law says
The Department of Labor's sick leave page is direct: "Federal law does not require sick leave." If you quit before using your sick leave, your employer is not obligated to pay you for that time. The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid leave for certain medical situations, and in many cases paid leave may be substituted for it. FMLA is job-protected leave for serious situations: it is not the same as paid sick days.
So whether you can be paid when you are sick depends on state law, local law, your union contract or your employer's policy. Check all four.
How state sick leave laws usually work
The state laws below share a basic structure, but the numbers differ:
- You earn hours as you work. A common formula is one hour of sick leave for every 30 or 40 hours worked.
- There is a yearly amount. Many laws set a minimum number of hours per year, or a cap on how much you must be allowed to use.
- There is a waiting period. Often 90 days before you can start using it.
- It covers you and family. Your own illness, preventive care and, in many states, caring for a family member.
- Retaliation is prohibited. Employers generally cannot discipline you for lawfully using it.
California, Washington and New York State
California. The Labor Commissioner's FAQ (updated December 31, 2025) says that since January 1, 2024 employers must generally provide at least 40 hours or five days of paid sick leave per year, whichever is more. Employees accrue at least one hour for each 30 hours worked, with at least 24 hours available by the 120th calendar day and 40 hours by the 200th. As an example, the FAQ says an employee working 10-hour days is entitled to at least 50 hours. Employees must work at least 30 days within a year in California, and part-time, per diem and temporary workers are included. You must also complete a 90-day employment period before taking leave. Unused leave carries over under the accrual method, and an employer may cap the balance at 80 hours or 10 days, whichever is more. Planned use needs advance notice; unforeseeable use needs notice as soon as practical. Employers generally cannot deny leave for lack of medical certification. Certain workers, such as some air carrier crew and construction workers under a qualifying union contract, are exempt, and other union-covered workers have a partial exemption. California local ordinances can be more generous.
Washington. The Department of Labor & Industries says you must earn at least one hour of paid sick leave for every 40 hours you work, paid at your normal hourly compensation. You can start using it 90 calendar days after your first day of work. Unused balances of 40 hours or less carry over. The page says that "you cannot require an employee to work a substitute shift when they use paid sick leave time"; by mutual agreement, you can work a different shift or trade shifts instead of using leave. Employers must pay the leave in the same pay period it was used, unless they require verification for absences longer than three days (which requires a written policy). Employers must also give monthly statements of earned, used and available leave. Exemptions include doctors, lawyers, dentists and most salaried executive managers who supervise two or more full-time employees.
New York State. The state's paid sick leave page says leave depends on employer size: up to 56 hours per calendar year for employers with 100 or more employees, and up to 40 hours for employers with 5 to 99 employees. Smaller employers (0 to 4 employees) provide unpaid leave if net income is $1 million or less, and paid leave if it is above $1 million. Employees accrue at least one hour for every 30 hours worked, and all private-sector employees in the state are covered, regardless of industry, part-time status or overtime-exempt status. Leave can be used for "sick" or "safe" reasons affecting the employee or a family member. The page does not cover retaliation or carryover details: use the state's detailed pages and FAQ. New York City has its own law too, which this guide does not cover.
Side-by-side comparison
| Place | Accrual | Yearly amount | Waiting period |
|---|---|---|---|
| Federal | None | No paid sick leave required | n/a |
| California | 1 hr per 30 hrs | At least 40 hours or 5 days | 90 days |
| Washington | 1 hr per 40 hrs | No yearly cap on this page; balances up to 40 hrs carry over | 90 days |
| New York State | 1 hr per 30 hrs | 56 hrs (100+ employees) or 40 hrs (5-99) | Not on this page |
Summary of the official pages listed below, as read on November 10, 2026. Amounts, exemptions and local rules can change: check the agency page.
What it means for shift workers
- Hours worked drive your balance. If your hours change from week to week, so does the leave you earn. Long shifts earn more hours than short ones.
- Check the unit. A day off sick may use 8 hours or 12, depending on your scheduled shift. California's FAQ says employers may set a minimum increment for use of no more than two hours.
- You may not have to find a replacement. Washington says an employer cannot require a substitute shift when you use paid sick leave. Look for what your own state or city says about this.
- Check the notice rules. Planned use usually needs advance notice; sudden illness needs notice as soon as practical. A written call-out policy is worth reading before you need it.
- Local rules can add more. Cities and counties may have their own ordinances (California's FAQ says local ordinances apply if more generous, except on some topics).
Predictive scheduling laws are a separate set of rules about notice of schedules and last-minute changes. See predictive scheduling and fair workweek laws.
A worked example (illustrative)
Illustrative numbers only. Jordan works 12-hour shifts, three a week, in a workplace with 100 or more employees: 36 hours a week. Over a 4-week stretch, that is 144 hours worked.
- At one hour per 30 hours (the California and New York State accrual rate), Jordan accrues 4.8 hours in those 4 weeks.
- At one hour per 40 hours (the Washington rate), Jordan accrues 3.6 hours.
- A single missed 12-hour shift would use more than the balance built up in a month. Jordan might need to wait to build up enough hours, or ask whether the employer allows partial pay or a shift swap instead.
Real balances depend on your employer's policy, the exact method (accrual or up-front grant), waiting periods and your state. Ask for your balance: California requires it on the pay stub or a same-day document, and Washington requires monthly statements.
Keep track of hours worked and days off
Sick leave is earned by hours worked and used on specific days. When your schedule changes every week, it is easy to lose track of both. Keeping your own record makes it easier to compare your balance with your pay stub, and to plan when you can be away.
Shift2Cal helps you keep the schedule in one place. Take a photo, or upload a screenshot, PDF or CSV of your schedule; the AI reads the shifts, you check and correct them in a preview, and they sync to Apple Calendar, Google Calendar or Outlook. If your rotation repeats, save it as a recurring pattern. Shift2Cal does not calculate pay, sick leave balances or whether a schedule is legal, and processing happens on your device. If your unpredictable nights are part of the problem, read what OSHA and NIOSH say about night shifts and fatigue.
Sources, all read on November 10, 2026:
- U.S. Department of Labor, Sick Leave (page shows no revision date).
- California Department of Industrial Relations, Labor Commissioner's Office, Paid Sick Leave FAQ (updated December 31, 2025).
- Washington State Department of Labor & Industries, Paid sick leave (page shows no revision date; mentions a change effective July 27, 2025).
- New York State, New York Paid Sick Leave (page shows no revision date).
This article is general information, not legal advice. Whether and how sick leave applies to you depends on your state, city, employer size, industry and any union contract, and rules and amounts change. For a specific situation, contact your state labor agency, the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 (1-866-4USWAGE), a union representative or an employment attorney.
Frequently asked questions
Does federal law require paid sick leave?
No. The Department of Labor says federal law does not require sick leave. The FMLA gives eligible employees up to 12 weeks of unpaid leave for certain medical situations, and paid leave may be substituted for it in many cases.
How much paid sick leave does California require?
The Labor Commissioner says employers must generally provide at least 40 hours or five days a year, whichever is more, with accrual of at least one hour for each 30 hours worked. An employee working 10-hour days is entitled to at least 50 hours.
Can my employer make me find a replacement when I use sick leave in Washington?
No. Washington Labor & Industries says you cannot be required to cover your shift before taking leave, and an employer cannot require a substitute shift when you use paid sick leave. By mutual agreement you can work a different shift or trade shifts instead.
How many paid sick hours does New York State require?
Up to 56 hours per calendar year for employers with 100 or more employees and up to 40 hours for employers with 5 to 99 employees. Smaller employers provide unpaid leave unless net income is above $1 million. Employees accrue at least one hour for every 30 hours worked.
