Unemployment and Sick Leave Rules by State

Marci Kinter is Vice President, Government and Regulatory Affairs at PRINTING United Alliance, the largest, most comprehensive member-based printing and graphic arts association in the United States.

In this article, Kinter provides a snapshot of the current status of state unemployment and sick leave policies as they relate to COVID-19 issues. For more information or specific questions about this information, Kinter can be reached at: mkinter@printing.org.

To learn more about exclusive access that PRINTING United Alliance members have to information such as this, and preeminent education, training, workshops, events, research, governmental and legislative representation, safety and environmental sustainability guidance, and resources from the leading media company in the industry – NAPCO Media; please contact the PRINTING United Alliance membership team at: 888-385-3588 or via email at membership@printing.org.

 

Updated: February 5, 2021

The information contained in this article is only informational and is not to be construed as professional advice, which is only available after individual consultation with a professional.

This information is derived from trusted sources and is believed to be the most accurate information at the time of publication. Due to the constant development of knowledge and information related to these issues, the information in this article may become inaccurate or obsolete.

General Sick Leave Information

As of January 1, participation in the paid leave provisions of the FFCRA is voluntary. Companies that participate will receive payroll tax credits for qualifying absences that occur through March 31, 2021. Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020. FFCRA FAQs can be found here.

Alabama

Unemployment Rules

• Temporarily ordered that relief be offered to employers whose employees must file unemployment compensation claims for weeks filed due to COVID-19 related issues. All charges will be waived against those employers who file partial unemployment compensation claims on behalf of their employees.
• Apply here.

Sick Leave Rules

• Law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Alaska

Unemployment Rules

• On March 17th, the Alaska Economic Stabilization Team was created to combat issues related to COVID-19. The 6-point plan included: Emergency unemployment benefits. For more information and to apply for benefits click here.
• Pandemic Unemployment Compensation (PUA) is for small business owners, self-employed individuals, and unemployed or partially unemployed individuals not eligible for other state or federal unemployment insurance (UI) benefit programs and who are currently out of work due to the COVID-19 pandemic. Learn more and apply here (PDF).

Sick Leave Rules

• Law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Employer Assistance

• Within the 6-point plan: Provide 100% state-guaranteed loans to Alaskan businesses for immediate relief. And Replace lost revenue due to negative economic impacts associated with COVID-19

Arizona

Unemployment Rules

• Arizona, through its CARES Act extension program, has established unemployment benefits for state residents.

Sick Leave Rules

• Arizona requires all employers to provide paid sick to employees who work in Arizona.
• Sick leave accrual: One hour of sick leave for every 30 hours worked. Maximum of 40 hours per year.
• FAQs about COVID-19 and earned paid sick time can be found here (PDF).

Arkansas

Unemployment Rules

• The state (PDF) is currently reviewing the provisions contained in the COVID legislative relief bill passed in December 2020 and waiting for implementation guidance from the US Department of Labor regarding any changes to unemployment compensation.
• The Shared Work Unemployment Compensation Program provides an alternative for employers faced with a reduction in their work force. It allows an employer to divide available work or hours of work among a specific group(s) of employees in lieu of a layoff, and it allows the employees to receive a portion of their unemployment benefits while working reduced hours.

Sick Leave Rules

• Law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

California

Unemployment Rules

• California’s Employment Development Division provides Pandemic Unemployment Assistance as well as Pandemic Emergency Unemployment Compensation. Further information on the program can be found here.

Sick Leave Rules

• Effective Jan. 1, 2021, the Governor signed into law significant changes to the California Family Rights Act. The new employer eligibility threshold has been expanded to apply to employers with five or more employees. These employers must now provide eligible employees with up to 12 workweeks of unpaid protected leave during a 12-month period.
• CFRA now allows employees to take unpaid protected leave to care for a “family member” with a serious health condition. FMLA and the previous version of CFRA define “family member” as the employee’s parent, child, spouse, or domestic partner. SB 1383 significantly expands this definition to include siblings, grandparents, and grandchildren. In addition, “child” now covers all adult children (regardless of whether they are dependent) and children of a domestic partner.
• Details regarding the new requirements are detailed here.

Employer Assistance

• Employers considering layoffs or work reductions because of the coronavirus may wish to examine the EDD’s Work Sharing Program, which permits employers to reduce hours for employees, while providing wage replacement through Unemployment Insurance, without laying off workers or removing them from the payroll.
• The EDD also offers tax assistance to employers affected by the coronavirus, including 60-day extensions to file state payroll reports or to deposit state payroll taxes without penalty or interest. Find out more here.

Colorado

Unemployment Rules

• Update January 2021: The federal Pandemic Emergency Unemployment Compensation (PEUC) program and Pandemic Unemployment Assistance (PUA) programs were originally scheduled to end by December 31, 2020, new legislation has extended both programs through March 13, 2021. However, the CDLE system is currently closed to new PEUC and PUA applications as they await guidance from the U.S. Department of Labor and reprogram their systems in order to fully implement the program changes in the legislation.
• For workers who test positive and lack access to paid leave, the Governor is directing CDLE to identify additional supports and wage replacement such as access to unemployment insurance.

Sick Leave Rules

• Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules, which require certain employers to provide employees paid sick leave for a covered COVID-19 reason.

Connecticut

Unemployment Rules

• The most recent COVID relief legislation added an additional 11 weeks to the original 13 weeks of Pandemic Emergency Unemployment Compensation benefits (PDF).
• More information on Federal Pandemic Unemployment Compensation weekly benefit updates can be found here (PDF).
• Workers directly impacted by the coronavirus pandemic no longer must be actively searching for work to qualify for unemployment assistance. And employers who are furloughing workers can use the Department of Labor’s shared work program, which allows businesses to reduce working hours and have those wages supplemented with unemployment insurance.

Sick Leave Rules

• Small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act). For COVID-19 related reasons, employees receive up to 80 hours of paid sick leave.
• Connecticut has a law that requires certain employers to provide employees classified as service workers with paid sick leave benefits. Service workers begin to accrue paid sick leave on the date they are hired. They are to accrue one hour of sick leave for every forty hours worked. Annual sick leave accrual is capped at forty total hours.
• Employers are not required to provide sick leave benefits to non-service worker employees. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.
• Additional information can be found here.

Delaware

Unemployment Rules

• More information on the extension of benefits as a result of the passage of COVID relief legislation in December 2020 can be found here.
• DOL will allow part-time income while collecting unemployment benefits as long as employees can demonstrate their decreased hours and earnings; and DOL will not classify tipped employees as minimum wage earners as long as their tips are reported as wages.

Sick Leave Rules

• If an employee is unable to attend work due to sickness, caring for a loved one, Delaware will consider this employee temporarily laid off during the state of emergency. The employee should return to work as soon as they are released. If work is no longer available after the employee is released for work or the employee fails to return to work the agency will make a new determination.

District of Columbia

Unemployment Insurance

• Expands unemployment insurance (“UI”) coverage.

Sick Leave

• The District of Columbia requires employers of all sizes to provide employees with paid sick leave, although the amount of sick leave required to be given employees differs based on the size of the employer.
  • Employers with 100-plus employees: One hour of leave for every 30 hours worked. Maximum of seven days per year.
  • Employers with 25-99 employees: One hour of leave for every 43 hours worked. Maximum of five days per year.
  • Employers with 1-24 employees: One hour of leave for every 87 hours worked. Maximum of three days per year.
• Temporarily expands covered leave under the D.C. Family and Medical Leave Act (“DCFMLA”) and also expanded Accrued Sick and Safe Leave Act.

Florida

Unemployment Rules

• The Department of Economic Opportunity is working to implement the additional benefits as provided by the passage of the COVID relief legislation. More information can be found here (PDF).

Sick Leave Rules

• Florida has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid
• Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than is usual.

Georgia

Unemployment Rules

• Information on the current status of the Pandemic Unemployment Insurance can be found here.
• Employers should submit partial claims for full- and part-time employees who are temporarily laid off or whose hours have been temporarily reduced because of a lack of work due to COVID-19. Employees, however, must be expected to return to work when the COVID-19 emergency ends.  Employers are under no obligation to file claims for certain categories of employees. File claims here.
• Employers are required to file partial claims on behalf of their employees whenever it is necessary to temporarily reduce work hours or there is no work available for a short period. Apply here.

Sick Leave Rules

• In Georgia, employers are not required to provide employees with sick leave, either paid or unpaid.
• Partial unemployment insurance claims may be filed by employers for full-time employees who work less than full-time during a pay period due to lack of work only. Partial Claims should not be filed when an employee is out of work due to disability, worker’s compensation, or medical leave.

Hawaii

Unemployment Rules

• For an overview of the State’s unemployment extension provisions as a result of the passage of the COVID relief legislation, click here (PDF).

Sick Leave Rules

• Law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide employees with sick leave benefits, the employer must provide employees written notice of the terms of the policy.

Idaho

Unemployment Rules

• The Department of Labor issued an update in December 2020 regarding the COVID relief legislation passed in Dec. 2020.

Sick Leave Rules

• Idaho employers are not required to provide vacation, holiday, severance, or sick pay.

Illinois

Unemployment Rules

• IDES has issued an update in January 2021 outlining the changes due to the passage of COVID relief legislation in December 2020.
• Unemployment benefits may be available to some individuals whose unemployment is attributable to COVID-19. IDES recently adopted emergency rules to try to make the unemployment insurance system as responsive and effective as possible.

Sick Leave Rules

• Illinois law does not require employers to provide employees with sick leave benefits, either paid or unpaid.
• Sick-leave policies and telework options for workers who are sick or who need to stay home to care for sick household members is up to the discretion of the employer.

Indiana

Unemployment Rules

• The Indiana Department of Workforce Development has provided updated information regarding unemployment insurance as a result of the passage of COVID relief legislation in December 2020.

Sick Leave Rules

• Indiana law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave, it must give employees written notice of the terms of the policy.
• Ensure sick leave policies allow employees to stay home if they have symptoms of respiratory infection.

Iowa

Unemployment Rules

• Iowa Workforce Development has provided updated guidance as a result of the passage of the COVID relief legislation in December 2020.

Sick Leave Rules

• Iowa law does not require employers to provide employees with sick leave benefits, either paid or unpaid
• Ensure that sick leave policies are flexible and consistent with public health guidance and that employees are aware of and understand these policies.
• Maintain flexible policies that permit employees to stay home to care for a sick family member or take care of children due to school and childcare closures. Additional flexibilities might include giving advances on future sick leave and allowing employees to donate sick leave to each other.
• Employers that do not currently offer sick leave to some or all their employees may want to draft non-punitive “emergency sick leave” policies.
• Employers should not require a positive COVID-19 test result or a healthcare provider’s note for employees who are sick to validate their illness, qualify for sick leave, or to return to work.

Kansas

Unemployment Rules

• The Department of Labor has aligned its program (PDF) with the new requirements included in the COVID relief legislation which was passed in December 2020.
• Extends unemployment eligibility for workers who filed after January 1, 2020.
• See here for FAQs
• Shared Work Program is designed to help both employers and employees. It is an alternative for employers faced with a reduction in workforce and allows an employer to divide the available work or hours of work among a specified group of affected employees in lieu of a layoff. Shared Work allows the employees to receive a portion of their unemployment insurance benefits while working reduced hours.

Sick Leave Rules

• The law does not require the employer to offer vacation or sick leave.

Kentucky

Unemployment Rules

• The Governor issued an Executive Order (PDF) implementing the provisions of the COVID relief legislation which was passed December 2020.

Sick Leave Rules

• Kentucky law does not require employers to provide employees with sick leave benefits, either paid or unpaid. An employer in Kentucky may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.

Louisiana

Unemployment Rules

• If your workplace has temporarily closed or you have been told to take unpaid time off, you may be eligible for unemployment benefits through the Louisiana Workforce Commission.
• To file a claim, go to www.louisianaworks.net/hire or call 866-783-5567.

Sick Leave Rules

• Louisiana law does not require employers to provide employees with sick leave benefits, either paid or unpaid. An employer in Louisiana may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.

Maine

Unemployment Rules

• Maine’s Department of Labor has received initial guidance from the US DOL to implement the federal unemployment insurance extensions as provided by the COVID relief legislation that was adopted in December 2020.
• Additional information can be found here.

Sick Leave Rules

• Effective Jan. 2021, an employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee's base pay.
• An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment.

Maryland

Unemployment Rules

• Information on the passage of the COVID relief legislation unemployment insurance programs can be found here.

Sick Leave Rules

• Since 2018, the Maryland Health Working Families Act requires employers with 15 or more employees to provide paid earned safe and sick leave.
• Montgomery County, MD also has an Earned Sick and Safe Leave Law (PDF).

Massachusetts

Unemployment Rules

• The Department of Unemployment Assistance has issued an update outlining the changes to unemployment insurance as a result of the COVID relief legislation that was passed in December 2020.

Sick Leave Rules

• Beginning Jan. 2021, most workers will be eligible to receive up to 12 weeks of paid family leave and up to 20 weeks of paid medical leave. Visit the Department of Family and Medical Leave Dept. for more information.

Michigan

Unemployment Rules

• The Michigan Unemployment Insurance Agency is working to implement the changes based on the implementation of the COVID relief legislation that was passed in December 2020.
• If employers are financially distressed, they are encouraged to use the State’s Work Share program that allows employers to maintain operations during declines in regular business activity rather than laying off workers, visit Michigan.gov/WorkShare.

Sick Leave Rules

• Any employer with 50 or more employees must allow employees to accrue up to one hour of sick leave for every 35 hours worked. Further, Michigan’s Paid Leave Act requires an employer to allow an eligible employee to use up to 40 hours of sick leave per 12-month period of eligibility.

Minnesota

Unemployment Rules

• Minnesota Unemployment Insurance expects to begin making supplemental payments as soon as federal funding becomes available. For more information and updates click here.

Sick Leave Rules

• Minnesota law does not require employers to provide employees with sick leave benefits, either paid or unpaid.
• Minneapolis’ is allowed to require paid sick leave for employees in the city, even those who work for businesses based outside of Minneapolis.  The Minnesota Supreme Court ruled that “A business does not need to have an office location within Minneapolis to be subject to the city’s regulatory powers,” wrote Justice Natalie Hudson in the majority opinion. “If employers send their employees to perform work within Minneapolis, the employers must obey the city’s regulations, regardless of whether they have offices within Minneapolis or not.”
• The paid leave ordinance requires businesses give employees at least one hour of “sick and safe time” for every 30 hours of work, provided those employees work inside Minneapolis for at least 80 hours per year. It went into full effect in 2019, after an appeals court ruled in the city’s favor and lifted an injunction against imposing the ordinance on firms based outside the city.

Mississippi

Unemployment Rules

• The Department of Employment Security has announced that with the COVID relief legislation signed into law, the department will begin to pay the supplemental benefits to qualified claimants.

Sick Leave Rules

• Law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Missouri

Unemployment Rules

• The Department of Labor has published a set of COVID-19 FAQs for both businesses and workers.

Sick Leave Rules

• There is no law that requires private employers to provide employees with sick leave benefits, either paid or unpaid.

Montana

Unemployment Rules

• Montana’s Department of Labor & Industry have announced that the unemployment stimulus program is in place. This extension was passed through the COVID relief legislation that was enacted in December 2020.

Sick Leave Rules

• There is no law that requires private employers to provide employees with sick leave benefits, either paid or unpaid.

Nebraska

Unemployment Rules

• The Department of Labor has provided an update based on the COVID relief legislation extensions.
• Find more resources here.

Sick Leave Rules

• Nebraska does not have a mandatory paid sick leave law that requires employers to offer employees protected sick leave. However, if the employer has promised sick leave, paid or unpaid, then they may be under a legal obligation to provide sick leave to their employees.

Nevada

Unemployment Rules

• The Department of Employment, Training, and Rehabilitation (PDF) has provided an update regarding extension of benefits under the COVID relief legislation that was passed in December 2020.

Sick Leave Rules

• Effective January 1, 2020, a private employer who employs 50 or more employees in the state of Nevada must provide 0.01923 hour of paid leave per hour of work performed

New Hampshire

Unemployment Rules

• Information on unemployment insurance/compensation is provided by the New Hampshire Employment Security Department.

Sick Leave Rules

• New Hampshire law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

New Jersey

Unemployment Rules

• Information for employers regarding unemployment insurance issues are provided by the State’s COVID-19 Information Hub.

Sick Leave Rules

• New Jersey requires employers to provide employees with paid sick leave at a rate of one hour for every 30 hours worked. Annual accrual cap is 40 hours.

New Mexico

Unemployment Rules

• Department of Workforce Solutions has begun implementation of the unemployment insurance provisions of the COVID relief legislation passed in December 2020.

Sick Leave Rules

• New Mexico law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.
• If a claimant is receiving sick leave, annual leave, personal time off, or administrative leave, they may not be eligible for unemployment benefits. There is no statute that requires an employer to pay sick leave.

New York

Unemployment Rules

• The Department of Labor (PDF) has provided an update on continued assistance available under the COVID relief legislation passed in December 2020.
• Governor Cuomo signed an Executive Order on March 14, 2020 that waives the 7-day waiting period for workers in shared work programs to claim unemployment insurance for those that have been put out of work by COVID-19.

Sick Leave Rules

• The Department of Labor (PDF) has provided guidance on the use of COVID-19 Sick Leave.
• Employees that are covered by a government-issued mandatory or precautionary order of quarantine or isolation related to COVID-19 are entitled to the following sick leave benefits:
  • Employers with one to 10 employees and under $1 million in net income are not required to provide paid sick leave but must comply with FFCRA.
  • Employers with 1-99 employees and over $1 million in net income are required to provide employees with five days of paid sick leave as well as unpaid sick leave until termination of the applicable order
  • Employers with 100 or more employees are required to provide employees with 14 days of paid sick leave.
  • Employees who are asymptomatic or have not yet been diagnosed with a medical condition and who are still able to work while the applicable order is in place, through remote work arrangements or otherwise, are not entitled to benefits under the new law.
  • More information here.

North Carolina

Unemployment Rules

• Effective April 14th, North Carolina employers are required to provide employees with notice of the availability of unemployment compensation (PDF) at the time of a separation related to COVID-19.

Sick Leave Rules

• North Carolina law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

North Dakota

Unemployment Rules

• The state has provided updated information regarding the extension of benefits under the COVID RELIEF LEGISLATION Act, passed in December 2020.  update January 2021 (attach link to date):
• If your business has closed or your hours were reduced due to COVID-19 or if you are unable to work due to COVID-19 related reasons, you will be generally eligible for unemployment insurance.

Sick Leave Rules

• North Dakota law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.
• An employer in North Dakota may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.

Disability Payments

• The North Dakota Human Rights Act (NDHRA) and the Americans with Disabilities Act of 1990 (ADA), both require an employer to make reasonable accommodations to applicants or employees with disabilities. COVID-19 is not considered a disability-related inquiry.

Ohio

Unemployment Rules

• Department of Job and Family Services provided an update on benefits as a result of The federal Consolidated Appropriations Act of 2021, signed on December 27, 2020.  This Act extends and amends the pandemic unemployment programs and benefits through March 13, 2021.
• Unemployment benefits will be available for eligible individuals who are requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of COVID-19, even if they are not actually diagnosed with COVID-19. In addition, the waiting period for eligible Ohioans to receive unemployment benefits will be waived.
• Shared Work Ohio is a voluntary layoff aversion program. It allows workers to remain employed and employers to retain trained staff during times of reduced business activity. Under a Shared Work Ohio plan, the participating employer reduces affected employees' hours in a uniform manner. The participating employee works the reduced hours each week, and the Ohio Department of Job and Family Services (ODJFS) provides eligible individuals an unemployment insurance benefit that is proportionate to their reduced hours.

Sick Leave Rules

• Ohio law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

Oklahoma

Unemployment Rules

• The state has provided answers to frequently asked questions by employers on unemployment issues, as well as COVID-19.

Sick Leave Rules

• There is no Oklahoma law that requires private sector employers to provide employees sick leave, paid or unpaid, although many employers do grant it as a popular employee benefit. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.

Oregon

Unemployment Rules

• The Employment Department is working quickly to make changes based on the federal relief programs recently passed by the US Congress.

Sick Leave Rules

• Oregon law requires employers to give you paid sick time. Employers with more than 10 employees must provide one hour of paid sick leave for every 30 hours worked. For those employers with fewer than 10 employees, each employee gains one hour of unpaid leave for every 30 hours worked.
• Oregon employees may be absent for up to 12 weeks, on a continuous or intermittent basis, because the employee’s child’s school or place of care has been closed by public authorities, including out of concerns related to the coronavirus (COVID-19) outbreak.
• The Oregon Family Leave Act (OFLA) provides for time off for you to care for a sick child for an illness, injury, or condition that is or is not serious.

Pennsylvania

Unemployment Rules

• Office of Unemployment Compensation has release information regarding implementation of the federal COVID relief legislation.

Sick Leave Rules

• Pennsylvania law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Rhode Island

Unemployment Rules

• There have been updates to extending unemployment programs (PDF) related to COVID-19.

Sick Leave Rules

• Employers with 18 or more employees must provide one hour of sick leave for every 52 hours worked. There is a maximum of 40 hours per year. Employers with fewer than 18 employees must provide sick and safe leave time, although it does not need to be paid.

South Carolina

Unemployment Rules

• Department of Employment and Workforce (PDF) has issued guidance regarding the continued assistance for unemployed workers.

Sick Leave Rules

• South Carolina law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

South Dakota

Unemployment Rules

• Department of Labor & Regulation has issued information regarding COVID Relief Legislation.

Sick Leave Rules

• No state law requires private sector employers in South Dakota to provide employees with paid or unpaid sick leave, although many employers do grant it as a significant employee benefit.

Tennessee

Unemployment Rules

• Department of Labor & Workforce Development has provided updates to its program to implement program extensions.
• The Department has also specific unemployment information for employers.

Sick Leave Rules

• Tennessee law does not require employers to provide employees with sick leave benefits, either paid or unpaid.

Texas

Unemployment Rules

• The Texas Workforce Commission has published information on the implementation of extension of benefits.
• If a business shuts down due to a closure order from a governmental entity, an employer may ask for chargeback protection.

Sick Leave Rules

• No Texas or federal law requires private-sector employers to provide paid or unpaid leave of any kind, although some amount of unpaid leave may be necessary as a reasonable accommodation in the event of a disability, pregnancy, or other condition protected under a specific statute. In the area of family or medical leave, the only employers that are required to provide up to 12 weeks of unpaid job-protected leave under the federal Family and Medical Leave Act.

Utah

Unemployment Rules

• Workforce Services (PDF) has issued a set of frequently asked questions on the extension of benefits.

Sick Leave Rules

• The state does not require private employers to grant their employees sick leave, paid or unpaid.

Vermont

Unemployment Rules

• Department of Labor has issued information on the extension of unemployment benefits.

Sick Leave Rules

• Vermont law requires employers to provide employees with one hour of sick leave for every 52 hours worked. Employers can cap leave at 40 hours per year.

Virginia

Unemployment Rules

• The Virginia Employment Commission continues to provide updates regarding extension of benefits as contained in the COVID Relief Legislation passed in December 2020.

Sick Leave Rules

• Virginia law does not require employers to provide employees with sick leave benefits, either paid or unpaid.
• Family and Medical Leave Act: If an employer provides paid leave for fewer than 12 workweeks, the additional weeks of leave necessary to attain the 12 workweeks of leave required under this title may be provided without compensation.

Washington

Unemployment Rules

• The Employment Security Department has updated its information regarding extension of COVID RELIEF LEGISLATION act unemployment benefits.

Sick Leave Rules

• Washington employers must provide one hour of sick leave for every 40 hours worked.  Employees must be allowed to carry over up to 40 hours of unused sick leave per year.

West Virginia

Unemployment Rules

• WorkForce West Virginia has provided updates regarding COVID-19 and unemployment issues.
• Apply for unemployment benefits here.

Sick Leave Rules

• West Virginia does not have a mandatory paid sick leave law that requires employers to offer employees protected sick leave. However, if the employer has promised sick leave, paid or unpaid, then they may be under a legal obligation to provide sick leave to their employees.

Wisconsin

Unemployment Rules

• The Department of Workforce Development continues to provide updates regarding extensions for unemployment insurance.

Sick Leave Rules

• While Wisconsin has no sick leave law, the Wisconsin Family Leave Act does require private and public sector employers with 50 or more employees to grant up to two weeks of unpaid medical leave in any 12-month period to any employee with a serious health condition.

Wyoming

Unemployment Rules

• The Wyoming Department of Workforce Services administers the Unemployment Insurance Program and continues to provide updates regarding benefit extensions.

Sick Leave Rules

• There is no Wyoming law requiring private sector employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.