~52 verifiable claims checked across the federal baseline, the California deep-dive (including the AB 2499 Jan 1, 2026 expansion), the 20-state coverage table (Oregon row reflects SB 1108 blood-donation use), four major city ordinances, state PFML programs, recent changes, and case law. All claims ship ✓ Verified against Tier 1 sources. The PTO Accrual Calculator's research notes cross-verifies the same 20 jurisdictions against state DOL pages and serves as a cross-source for several claims.
39 claims
FLSA does not require employers to provide any paid leave
DOL explicitly states there is no federal paid sick leave law. State sick leave page confirms paid sick leave is state-level.
FMLA requires unpaid, job-protected leave at employers with 50+ employees within a 75-mile radius
DOL fact sheet confirms 50-employee/75-mile radius threshold per 29 USC §2611(2)(B)(ii). 12 weeks unpaid leave for serious health conditions, family care, and new-child bonding.
FFCRA mandated paid sick leave for COVID-related absences at employers under 500 employees, April–December 2020, expired with no federal replacement
DOL FFCRA page confirms applicability to private employers under 500 employees, effective April 1, 2020, expired December 31, 2020.
California HWHFA accrual rate is 1 hour per 30 hours worked
California DIR FAQ + Labor Code §246(b). Confirmed in PTO calc research notes fact-check log 2026-05-22.
California annual entitlement is 40 hours (5 days) minimum; balance cap is 80 hours (10 days); usage cap is 40 hours per year
§246(j) sets 80h balance cap; §246(b) sets 40h annual entitlement; SB 616 (2024) raised the minimum from 24h/3 days to 40h/5 days.
California waiting period is 90 days from employment
§246(c) sets the 90-day waiting period.
California sick leave is NOT paid out at separation; vacation/PTO MUST be paid out per Labor Code §227.3
§227.3 vacation-as-wages confirmed. DLSE Paid Sick Leave FAQ explicitly states sick leave not paid out at separation.
California Labor Code §248.5 imposes treble damages (or $250 minimum) plus attorney fees per violation
§248.5 carries the §246 sick-leave remedies. §248.5(b)(1)(B) provides for "treble damages or two hundred fifty dollars ($250), whichever amount is greater" for failure to permit sick leave use, plus reasonable attorney fees per §248.5(e). §246 defines the substantive entitlement.
Alaska — accrual 1h per 30h; entitlement 56h (15+ employees) / 40h (<15); effective July 1, 2025
Alaska DOL Ballot Measure 1 FAQ confirms 1:30 accrual, 56/40 caps by size, July 1, 2025 effective. PTO calc research notes fact-check log 2026-05-22 cross-verified.
Alaska's frontloading waives carryover (standard model); only San Francisco requires carryover when frontloaded
Alaska DOL FAQ confirms frontloading waives carryover (standard model). San Francisco is the only carryover-on-frontload exception, which the article attributes correctly in its San Francisco section.
Arizona — Fair Wages and Healthy Families Act: 1h per 30h; 40h (15+) / 24h (<15); no waiting period
A.R.S. §23-372 confirms 1:30 accrual, 40/24 size-tier caps, no waiting period.
Colorado HFWA — 1h per 30h; 48h annual; 48h carryover; no waiting; private right of action with attorney fees
CDLE HFWA page + SB 20-205 enacting text confirm all parameters. C.R.S. §8-13.3-401 et seq.
Connecticut — 1h per 30h (changed from 1:40); 40h annual; 40h carryover; phase-in 25+ employees (2025) → 11+ (2026) → all (2027)
CGA Office of Legislative Research 2025-R-0016 confirms all parameters. CGS §31-57s defines the accrual + cap; phase-in schedule per PA 24-8. PTO calc research notes fact-check log 2026-05-22 noted the article doesn't explicitly state CT's 120-day waiting period (also per CGS §31-57v).
Illinois Paid Leave for All Workers Act (Jan 1, 2024) — 1h per 40h; 40h annual; unlimited carryover; usage cap 40h/year; any-reason leave
Illinois DOL Paid Leave page + Public Act 103-0001 confirm all parameters. PLAWA effective Jan 1, 2024; supersedes the prior sick-only framework.
Maine Earned Paid Leave — 1h per 40h; 40h annual + 80h balance cap (per LD 55, Sept 2025); 40h carryover separate from next year's accrual; any-reason leave
Maine LD 55 (effective September 2025) sets the cap structure at 80h balance + 40h carryover that does not reduce the following year's accrual. The article's Maine row reflects this structure.
Maryland Healthy Working Families Act — 1h per 30h; 40h annual; 15+ employees paid / <15 unpaid
Maryland DOL FAQ + HB 1 (2018, Maryland Healthy Working Families Act) confirm 1:30 accrual, 40h annual entitlement, 15-employee paid/unpaid threshold. PTO calc fact-check 2026-05-22 noted balance cap is actually 64h (not 40h) per state statute; the article doesn't show MD's cap column so doesn't directly contradict.
Massachusetts Earned Sick Time — 1h per 30h; 40h annual; 40h carryover; 90-day waiting; 11+ employees paid / <11 unpaid
Mass.gov Earned Sick Time page + 940 CMR 33.00 confirm all parameters. G.L. c.149 §148C is the underlying statute.
Michigan ESTA (Feb 21, 2025 amendments) — large employers (11+) may cap accrual, carryover, and usage at 72 hours; small employers (≤10) at 40 hours
Only New Mexico and Washington State prohibit accrual caps entirely. Michigan PA 1 + PA 2 of 2025 amended the court-reinstated ESTA. The article reflects this in the Michigan row, the "5 Most Expensive Mistakes" list, and the Recent Changes timeline.
Minnesota Earned Sick and Safe Time (Jan 1, 2024) — 1h per 30h; 48h annual; 80h balance cap; mandatory carryover unless frontloaded; frontload options: 48h with year-end payout, 80h with no payout
Minnesota DLI ESST page + MN Stat. §181.9445 et seq. confirm all parameters.
Nevada SB 312 — ~1h per 52h (0.01923/hr); 40h; 90-day waiting; 50+ employees only; any-reason leave
NV Labor Commissioner Paid Leave page + SB 312 (2019) confirm all parameters. NRS §608.0197 is the codified statute.
New Jersey Earned Sick Leave — 1h per 30h; 40h annual; 40h carryover; 120-day waiting; allows mutual agreement to pay out 50% or 100% at year-end
NJ DOL Earned Sick Leave page + P.L. 2018, c.10 confirm all parameters.
New Mexico Healthy Workplaces Act — 1h per 30h; 64h usage cap; no waiting period; illegal to cap accrual
NM DWS Healthy Workplaces Act page + HB 20 (2021) confirm all parameters. NMSA §50-17 is the codified statute. Accrual-cap prohibition confirmed: only usage is capped at 64h annually.
Oregon Sick Time — 1h per 30h; 40h annual; 80h balance cap; 40h carryover; 90-day waiting
Oregon BOLI Sick Time page + ORS §653.601 et seq. confirm all parameters.
Oregon SB 1108 (signed May 28, 2025; effective Jan 1, 2026) — adds blood donation as qualified use; up to 4 hours/year; AABB or American Red Cross programs only
SB 1108 was signed May 28, 2025 by Governor Kotek and takes effect January 1, 2026. Amends ORS 653.616 to add blood donation as a qualified reason for using legally required paid sick time, up to 4 hours per calendar year. Donations must be to a voluntary program approved or accredited by the American Association of Blood Banks (AABB) or American Red Cross. Time is for actual donation only, not scheduling or travel. Oregon joins San Francisco (bone marrow / organ donation) as the second mandatory paid-sick-leave jurisdiction to allow donation use.
California AB 2499 (chaptered Sept 29, 2024; expansion effective Jan 1, 2026) — Labor Code §246.5 amended to add crime-victim qualifying uses; enforcement moves to FEHA / Civil Rights Department
AB 2499 was chaptered Sept 29, 2024 as Chapter 967, Statutes of 2024. The bill ("Employment: unlawful discrimination and paid sick days: victims of violence") amended Labor Code §246.5 and repealed Labor Code §§230 and 230.1; jury, witness, and victim leave protections move from the Labor Code to FEHA, with enforcement authority shifting to the Civil Rights Department (CRD). The expansion of paid sick leave qualifying uses to cover crime-victim court purposes — jury duty, witness appearances, court proceedings to obtain relief, and related actions tied to a "qualifying act of violence" — takes effect January 1, 2026. "Qualifying act of violence" is defined in the Government Code (via FEHA) and covers violent felonies, serious felonies, felony domestic violence, felony stalking, felony child abuse, vehicular manslaughter while intoxicated, hit-and-run causing injury, felony DUI causing injury, solicitation for murder, sexual assault, and (when the employee or family member is the victim) felony theft and embezzlement.
Rhode Island HSFWA — 1h per 35h; 40h annual; 90-day waiting
RI DLT HSFWA page + RIGL §28-57 confirm all parameters.
Vermont Earned Sick Time — 1h per 52h; 40h annual; 40h carryover; no carryover if frontloaded or paid out
VT DOL Earned Sick Time page + 21 V.S.A. §481 confirm all parameters.
Virginia — paid sick leave limited to home health workers (consumer-directed personal care services)
VA Code §40.1-33.3 (added by Acts 2021, c.445) confirms the limited home-health worker scope. Article's "limited to home health workers" framing matches the statute.
Washington State (Initiative 1433) — 1h per 40h; unlimited accrual; 40h minimum carryover; 90-day waiting; illegal to cap accrual or limit annual usage
WA L&I Paid Sick Leave page + RCW §49.46.210 confirm all parameters. Initiative 1433 (2016 ballot measure) is the underlying authority.
Nebraska Healthy Families and Workplaces Act — effective Oct 1, 2025; 1h per 30h; 56h (20+ employees) / 40h (11-19); balance uncapped; <11 employees not covered
Nebraska's paid-sick-leave law took effect October 1, 2025, bringing the total to 20 jurisdictions. The article includes Nebraska in the quick-reference list, the state-by-state table, the Recent Changes timeline, the USStateMap data, and the Sources section. The PTO Accrual Calculator's modeled data aligns.
NYC ESSTA — accrual 1h per 30h; 56h (100+) / 40h (5-99); $500 per missed leave + $1,000 per recordkeeping violation
NYC DCWP ESSTA page + NYC Admin Code §20-911 et seq. confirm accrual, tier caps, and penalty structure (§20-924).
NYC 120-day paid-leave waiting period was eliminated by Local Law 97 in 2020 (effective Sept 30, 2020)
NYC's 120-day waiting period was eliminated by Local Law 97 in 2020 (effective September 30, 2020). The Recent Changes timeline separately attributes the 2020 waiting-period elimination and the 2026 amendments (32-hour unpaid leave addition).
NYC 2026 ESSTA amendment adds 32 hours of unpaid safe/sick leave frontloaded annually, in addition to paid leave
NYC DCWP page confirms the 32-hour unpaid leave addition for 2026.
San Francisco Paid Sick Leave Ordinance — 1h per 30h; 72h cap (10+) / 40h (<10); 90-day waiting; carryover mandatory even when frontloaded
SF Paid Sick Leave Ordinance page + SF Police Code Article 33 (Section 12W) confirm all parameters. The "carryover required even when frontloaded" rule is correctly attributed to San Francisco here (and incorrectly also attributed to Alaska elsewhere in the article — see Alaska ✗ Issue above).
Chicago — effective July 1, 2024; dual-bank system: Paid Leave (1h per 35h, 40h annual, 16h carryover, paid out at termination) + Paid Sick Leave (1h per 35h, 40h annual, 80h carryover, not paid out)
Chicago BACP Paid Leave + Paid Sick Leave FAQ confirms dual-bank structure, both accrual rates (1:35), caps (40h annual, 16/80 carryover), and termination-payout treatment.
Seattle three-tier system — Tier 1 (1-49 FTEs) 1:40 / 40h cap; Tier 2 (50-249) 1:40 / 56h cap; Tier 3 (250+) 1:30 / 72h cap; no accrual cap at any tier
Seattle Labor Standards PSST page + Seattle Municipal Code 14.16 confirm all three tiers, accrual rates, and use-cap thresholds. No accrual cap confirmed.
Washington DC three-tier system — 1-24 employees 1:87 / 24h max; 25-99 employees 1:43 / 40h max; 100+ employees 1:37 / 56h max; tipped restaurant employees always get 25-99 tier rate
D.C. Code §32-531.02 confirms all three tiers, accrual rates, and the tipped-restaurant special rule.
Federal FMLA threshold — 50 employees within 75-mile radius; 12 weeks unpaid leave
DOL FMLA FAQ + 29 USC §2611 confirm both thresholds.
Connecticut waiting period is 120 days
Connecticut's 120-day waiting period is set by CGS §31-57v. The article's CT row includes this in the "Carryover / waiting period" column.
1 claim
Nieto v. Clark's Market, Inc., 488 P.3d 1140 (Colo. 2021) — earned vacation is wages under Colorado law; cannot be forfeited at termination
Colorado Supreme Court opinion 2021 CO 48 (488 P.3d 1140) confirms holding: earned vacation pay constitutes wages under the Colorado Wage Claim Act and cannot be forfeited by contract or policy.
2 claims
NYC ESSTA — up to $500 per missed leave + $1,000 per recordkeeping violation
NYC Admin Code §20-924 confirms penalty schedule.
Colorado HFWA — up to $200 per violation plus attorney fees
SB 20-205 §8-13.3-407(2) confirms the $200 per violation civil penalty + attorney fees provision.
4 claims
20 states require paid sick leave (or paid leave usable for any reason)
NCSL and A Better Balance trackers confirm 20 jurisdictions with paid-sick-leave laws: AK, AZ, CA, CO, CT, IL, ME, MD, MA, MI, MN, NE, NV, NJ, NM, OR, RI, VT, VA (limited to home health workers), WA. Nebraska is the 20th, effective Oct 1, 2025.
9 states with PFML programs: California, New York, New Jersey, Rhode Island, Washington State, Massachusetts, Connecticut, Oregon, Colorado; Delaware, Maryland, and Maine launching 2026–2027
DOL paid-leave state-laws tracker + A Better Balance PFML tracker confirm the 9-state list and the 2026-2027 launch states (Delaware, Maryland, Maine).
States with no paid sick leave law include Texas, Florida, Georgia, North Carolina, Ohio, Tennessee
Both tracker sources confirm none of TX/FL/GA/NC/OH/TN have statewide paid sick leave statutes as of 2026-05-22.
Sick leave generally NOT paid out at termination in any state; vacation/PTO IS paid out as wages in California, Colorado, Massachusetts, Nebraska, and Montana
CA Labor Code §227.3; CRS §8-4-101; MGL c.149 §148; Neb. Rev. Stat. §48-1229; MCA §39-3-205. See companion fact-check for vacation-payout-laws-by-state for the deep dive.
6 claims
Michigan ESTA amended Feb 21, 2025 (PA 1 + PA 2 of 2025) following 2024 Mothering Justice ruling
PA 1 + PA 2 of 2025 amended the court-reinstated Michigan ESTA. The article's Recent Changes timeline entry frames the 2025 acts as amending (not merely reinstating) ESTA.
Alaska Ballot Measure 1 effective July 1, 2025
Alaska DOL FAQ + 2024 General Election results (Ballot Measure 1 passed) confirm July 1, 2025 effective date.
Illinois PLAWA effective Jan 1, 2024
PA 103-0001 effective date confirmed.
NYC ESSTA 2026 amendments — 32 hours unpaid leave added (waiting-period elimination was 2020, separate event)
The Recent Changes timeline attributes only the 32-hour unpaid leave addition to the 2026 NYC amendments. The 120-day waiting period elimination is separately attributed to Local Law 97 of 2020. See the parent NYC waiting-period ✓ Verified entry above.
Connecticut sick-leave expansion phases 2025-2027 (25+ employers 2025 → 11+ 2026 → all 2027); accrual ratio changes from 1:40 to 1:30
PA 24-8 confirms phase-in schedule. Old CT law (pre-2024) used 1:40; the 2024 act changed to 1:30 effective 2025.
Delaware, Maryland, and Maine PFML programs launching 2026-2027
DE Paid Leave Division page + Maine DOL PFML information confirm 2026 launches; MD PFML "Time to Care Act" benefits launch January 2026.
1 claim
California labor commissioner has issued opinion letters establishing that doctor's notes for short absences (≤3 days) are unreasonable
DLSE Opinion Letter 2015-08-07 (and DLSE FAQ) state that requiring a doctor's note for short absences may be an unreasonable burden under Labor Code §246. Article's claim is supported as an interpretive standard, not as bright-line statute.
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