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State Rules

Paid Sick Leave Hour Calculation By State

Updated 2026-07-30 Author: AllMoneyCalc Editorial 6 min read

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The accrual formula

Most state sick leave laws use an hours-worked accrual model.

Formula = Sick Leave Accrued = Hours Worked x Accrual Rate. Typical Accrual Rate = 1 Hour per 30 Hours Worked (about 0.0333/hr).

A few states use 1 hour per 35 or 40 hours worked. Accrual usually starts on the first day of work, but usage is often gated behind a 90-day waiting period. The annual cap typically lands at 40 or 48 hours, with some states letting unused sick time carry over to the next year.

Step-by-step: Arizona-style accrual for a part-time barista

Let’s say a part-time barista in Phoenix works 28 hours a week under Arizona’s Fair Wages and Healthy Families Act (1 hour per 30 worked, 40-hour annual cap).

  1. Weekly hours: 28.
  2. Weekly accrual: 28 / 30 = 0.93 hrs/week.
  3. Annual accrual (52 weeks): 0.93 x 52 = 48.5 hours.
  4. Apply the 40-hour cap: 40 hours banked.
  5. Unused balance at year-end: carried over (subject to 40-hour cap).

If the barista takes 3 sick days (24 hours), the next year starts with 16 hours carried over plus new accruals — but the total bank can’t exceed 40. Track hours with the work-hours-calculator so accrual stays clean across pay periods.

2026 real case: Oregon front-desk worker with carryover

A friend runs front desk at a Portland clinic, works 36 hours/week. Oregon accrues at 1 hour per 30 worked with carryover and a 40-hour annual use cap. After her first year, she’d accrued about 62 hours but used only 8. Her employer had been carrying the full unused balance forward, which is correct — Oregon doesn’t let employers zero out banks at year-end.

The math: 36 hrs/week x 52 weeks = 1,872 hours/year / 30 = 62.4 hours accrued. Carryover is mandatory. The employer can cap annual use at 40 hours, but the bank itself carries over. The time-card-calculator helps confirm the hours-worked base the accrual is built on, especially when shifts are split or include break deductions — see break-time-deduction-calculator for the break side.

State sick leave accrual rules snapshot (2026)

StateAccrual RateAnnual Use CapCarryover
California1 hr / 30 worked24 hrs (small) / 48 hrsRequired
Arizona1 hr / 30 worked40 hrsRequired (capped)
Oregon1 hr / 30 worked40 hrs use capRequired
Washington1 hr / 40 worked40 hrsRequired
New York1 hr / 30 worked40 or 56 hrsRequired
Massachusetts1 hr / 30 worked40 hrsRequired
Maryland1 hr / 30 worked40 hrsRequired
Illinois1 hr / 40 worked40 hrsRequired
TexasNo state mandate
FloridaNo state mandate

For state-by-state law nuances, our mandatory-rest-break-labor-laws-state-comparison article covers break and rest rules that often overlap with sick time tracking.

Frequently Asked Questions

Does federal law require paid sick leave?

No. The FLSA doesn’t mandate paid sick leave for private employers. Some federal contractors are covered by executive order, but most private workers get sick leave only if their state or city requires it or their employer offers it voluntarily.

How is paid sick leave accrued?

In most states with mandates, employees earn 1 hour of sick time per 30 hours worked, capped at 40 hours per year. The accrual starts on the first day of work, with usage typically allowed after a 90-day waiting period.

Do part-time workers accrue sick leave?

Yes. State sick leave laws cover part-time workers on the same hours-worked basis as full-time workers. A part-timer working 20 hours a week at 1 hour per 30 worked accrues about 0.67 hours per week.

Can an employer “use it or lose it” sick time at year-end?

It depends on the state. Most state mandates require carryover of unused sick time, though many allow an annual cap on the total bank. A “use it or lose it” policy is illegal in states like California, Oregon, and New York.

The bottom line

Paid sick leave is a state-by-state accrual game. Track every hour worked with the work-hours-calculator, apply your state’s accrual rate, and respect the carryover rules — most states don’t let you zero out banks at year-end.

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Sources & compliance.Work-hours and overtime calculators comply with official FLSA standards published by the U.S. Department of Labor, including the 40-hour workweek overtime threshold, 1.5× time-and-a-half pay, state-specific overtime regulations, and exempt/non-exempt employee criteria (29 CFR Part 541, effective May 15, 2026).All results are for educational estimation only and are not professional financial, legal, or tax advice. Updated 2026-07-30 by AllMoneyCalc Editorial.
Compliance note. This article reflects the FLSA rule restored May 15, 2026. All results are for reference only, not professional legal or payroll advice.

Frequently Asked Questions

Does federal law require paid sick leave?
No. The FLSA doesn't mandate paid sick leave for private employers. Some federal contractors are covered by executive order, but most private workers get sick leave only if their state or city requires it or their employer offers it voluntarily.
How is paid sick leave accrued?
In most states with mandates, employees earn 1 hour of sick time per 30 hours worked, capped at 40 hours per year. The accrual starts on the first day of work, with usage typically allowed after a 90-day waiting period.
Do part-time workers accrue sick leave?
Yes. State sick leave laws cover part-time workers on the same hours-worked basis as full-time workers. A part-timer working 20 hours a week at 1 hour per 30 worked accrues about 0.67 hours per week.
Can an employer use-it-or-lose-it sick time at year-end?
It depends on the state. Most state mandates require carryover of unused sick time, though many allow an annual cap on the total bank. A use-it-or-lose-it policy is illegal in states like California, Oregon, and New York.

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