Sick Leave

Sample Employment Policy: Sick Leave

*This is a sample draft for review by qualified legal counsel before adoption. It does not constitute legal advice.*

Purpose

This policy exists to provide eligible employees with paid time away from work when they or a covered family member are ill, injured, or need medical care.

Scope

This policy applies to all full-time and part-time employees of the Company. Temporary employees, independent contractors, and seasonal workers are not covered unless required by applicable law. Where a collective bargaining agreement governs, its terms control to the extent they differ.

Policy

Accrual

• Employees accrue 1 hour of paid sick leave for every 30 hours worked, beginning on the first day of employment.
• Accrual is capped at 48 hours (6 days) per calendar year.
• Unused sick leave carries over to the following calendar year, up to a maximum bank of 80 hours at any time.
• The Company does not pay out unused sick leave upon separation unless required by applicable law.

Permitted Uses

Employees may use accrued sick leave for:

• Their own physical or mental illness, injury, or medical condition.
• Preventive care, medical appointments, or mental health treatment.
• Care of a covered family member who is ill or needs a medical appointment.
• Recovery from domestic violence, sexual assault, or stalking, including related legal proceedings or safety planning.

Covered family members include a spouse or domestic partner, child (biological, adopted, foster, or step), parent (including in-laws and step-parents), grandparent, grandchild, or sibling.

Prohibited Uses

• Sick leave may not be used as additional vacation or personal time.
• Employees may not use sick leave they have not yet accrued, except where state law requires otherwise.
• Sick leave may not be used to extend a resignation notice period without Company approval.

Pay During Leave

• Sick leave is paid at the employee's regular base rate of pay.
• Sick leave runs concurrently with any applicable federal or state leave entitlement (such as FMLA) when the reason qualifies.

No Retaliation

The Company will not discipline, terminate, or otherwise retaliate against any employee for using sick leave in good faith under this policy.

Procedure

Requesting Sick Leave

1. Notify your manager (or their backup) as early as possible — ideally before your scheduled start time, or within one hour of that time if you are unable to call in advance. Use the method your manager has specified (phone call, text, or email).
2. For absences lasting three or more consecutive days, contact HR by the third day to determine whether additional leave paperwork (such as an FMLA certification) is required.
3. Submit sick leave in the timekeeping system on the same day you return, or as instructed by your manager.

Medical Documentation

• The Company may request a healthcare provider's note only after an absence of three or more consecutive workdays or where a reasonable, documented pattern of misuse exists.
• Employees will not be required to disclose a specific diagnosis. A note confirming the need for leave and the anticipated return date is sufficient.
• The Company will keep all medical information in a separate, confidential file.

Approvals

• Absences of fewer than three days are approved by the direct manager.
• Absences of three days or more are coordinated by HR, who will also determine any overlap with FMLA or state leave programs.

Returning to Work

• Most employees return without a fitness-for-duty certification.
• For roles with direct patient care, food handling, or similar safety-sensitive functions, a healthcare provider's clearance may be required before the employee returns to those duties.

Absence Without Notification

• Failure to notify the Company for two or more consecutive scheduled workdays without contact may be treated as a voluntary resignation, absent extraordinary circumstances.

Questions

Contact the HR Department at [HR email address] or [HR phone number] with any questions about this policy. Employees may also speak with their direct manager for day-to-day absence reporting questions.

Review Note

The following areas are actively shifting and should be verified with legal counsel before this policy is finalized:

• Federal paid leave legislation. Congress has periodically introduced federal paid sick leave mandates. Confirm whether any have been enacted since the date of your review.
• State and local patchwork. More than 20 states and dozens of municipalities now have their own paid sick leave laws with varying accrual rates, caps, permitted uses, and notice requirements. This base policy may need to be adjusted or supplemented for every jurisdiction where you employ workers.
• FMLA and state equivalents. Department of Labor guidance on intermittent leave, documentation requirements, and the definition of a "serious health condition" continues to evolve through regulation and case law.
• Mental health parity. Regulatory guidance increasingly treats mental health conditions on par with physical illness; confirm your documentation and return-to-work practices do not inadvertently treat them differently.
• Domestic violence leave. Several states have expanded who qualifies as a victim and what leave must be provided; the list of covered uses in this policy should be checked against applicable state law.
• Remote and multi-state workforces. Where an employee works (not just where the employer is headquartered) typically determines which state law applies; multi-state employers should audit each work location.

*Last reviewed: [Date]. Schedule next review: annually or upon any material change in applicable law.*