September 30 Tip of the Week

“Paid Sick and Safe Leave”

More and more states are passing laws that require employers to provide certain types of time off for employees.  While many states do not have laws that require employers to provide paid time off for employees for any reason, that is changing.  The trend over the last several years is for states to pass laws that require private employers to provide some form of paid family and medical leave for their employees. 

In addition to the normal usage of such paid sick leave, many states have added provisions to their laws that require employers to allow employees to use “safe leave.”  Safe leave generally refers to time off that is taken in response to domestic violence, sexual violence, or other violent crimes that require the employee to seek medical care, obtain legal assistance, find housing, attend court hearings, or engage in other activities related to addressing the offenses committed against them.  

It is an employer’s obligation to ensure that employees are provided with all the time off and support required by law and that negative actions are not taken against employees who need to miss days of work due to these very personal reasons.  Failing to meet this obligation can lead to wrongful termination claims, unpaid wage claims, and other penalties. 

Arizona, California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington state, and Washington, D.C. currently have such laws in place.  The coverage and protections of these laws vary by state, with some states including job protections and anti-retaliations provisions in their leave laws.  The types of activities or reasons for the leave taken vary by state as well.  States that provide these types of protections for employees also require employers to notify their employees of the right to such leave. 

As an employer, it is your obligation to ensure that you are complying with the law and that you are giving your employees the opportunity to avail themselves of these protections.  myHRcounsel can assist you in ensuring that you are in compliance with the law in your state.