Sick Time and Final Payroll

      If a caregiver is sick and calling out of their shift, depending on the state the care takes place in, employers MAY be liable to pay sick time for their caregiver. The guide below provides a reference for sick time and final payroll as it applies to each state. 

      Federal Sick Time Law

      No requirement

      Arizona

      Final Paycheck:

          When an employee is laid off, Arizona law makes it clear that they should receive all wages owed to them within seven working days of their last day, or by the end of the employer’s next regular pay period (whichever happens first). This must be paid by check, draft, money order, warrant or bank deposit. It should not be dated later than the day it is paid.
          If an employee quits their job, Arizona law says that their employer must pay all wages due to them by no later than the next regular payday after they resigned. An employee can request that their final paycheck be sent by mail.
      Sick Pay: 
      For businesses with fewer than 15 employees- accrue 1-hour sick pay for every 30 hours worked. Accrual and use are capped at 24 hours unless the employer agrees otherwise. Can use after 90 days of employment. Sick time rolls over.
       Arizona Revised Statutes 23-373
       
      Earned paid sick time shall be provided to an employee by an employer for:
              1. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care;
              2. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;
              3. Closure of the employee's place of business by order of a public official due to a public health emergency or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
              4. Notwithstanding section 13-4439, Arizona Revised Statutes, absence necessary due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member:
              (a) Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual violence, abuse or stalking;
              (b) Services from a domestic violence or sexual violence program or victim services organization;
              (c) Psychological or other counseling;
              (d) Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or
              (e) Legal services, including but not limited to preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual violence, abuse or stalking.

      California

      Final Paycheck: 
      California's law is the strictest in the nation. An employee who is fired (or laid off) is entitled to a final paycheck immediately, meaning at the time of termination or layoff. ... If an employee quits without giving advance notice, the employer must provide the final paycheck within 72 hours.
      Sick Pay: 
      Accrue 1-hour sick pay for every 30 hours worked.  
      Accrual and uses are capped at 24 hours unless the employer agrees otherwise. 
      Can use after 90 days of employment. 
      Sick time rolls over, the employer can cap rollover at 48 hours.

      Connecticut

      Final Paycheck: 
      An employer must issue a final paycheck to a terminated employee no later than the following business day. An employee who quits his or her job is not entitled to a final paycheck until the next regularly scheduled pay date.

      Sick Pay: 

      Not defined, follow federal

      Florida

      Final Paycheck: 
      Florida law does not mandate specific pay periods. There is no requirement in Florida that an employer tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his or her final paycheck(s) is due on the next regular payday or days.

      Sick Pay: 

      Not defined, follow federal

      Nevada

      Final Paycheck: 
      Nevada law requires your employer to provide your final paycheck immediately if you are fired or laid off, or if you quit, within seven days or on the next scheduled payday (whichever is earlier).

      Sick Pay:

      Not defined, follow federal

      New Jersey

       Final Paycheck: 
      No guidance, default to next regular payday
       Sick Pay: 
      For businesses with fewer than 15 employees- accrue 1-hour sick pay for every 30 hours worked. Accrual and use is capped at 40 hours unless the employer agrees otherwise. Can use after 120 days of employment. Sick time rolls over.
      NJ State Wage and Hour Laws and Regulations 34:11D-3
              1. a. An employer shall permit an employee to use the earned sick leave accrued pursuant to this act for any of the following:
              (1) time needed for diagnosis, care, or treatment of, or recovery from, an employee’s mental or physical illness, injury or other adverse health condition, or for preventive medical care for the employee;
              (2) time needed for the employee to aid or care for a family member of the employee during diagnosis, care, or treatment of, or recovery from, the family member’s mental or physical illness, injury or other adverse health condition, or during preventive medical care for the family member;
              (3) absence necessary due to circumstances resulting from the employee, or a family member of the employee, being a victim of domestic or sexual violence, if the leave is to allow the employee to obtain for the employee or the family member: medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence; services from a designated domestic violence agency or other victim services organization; psychological or other counseling; relocation; or legal services, including obtaining a restraining order or preparing for, or participating in, any civil or criminal legal proceeding related to the domestic or sexual violence;
              (4) time during which the employee is not able to work because of a closure of the employee’s workplace, or the school or place of care of a child of the employee, by order of a public official due to an epidemic or other public health emergencies, or because of the issuance by a public health authority of a determination that the presence in the community of the employee, or a member of the employee’s family in need of care by the employee, would jeopardize the health of others; or
              (5) time needed by the employee in connection with a child of the employee to attend a school-related conference, meeting, function or other event requested or required by a school administrator, teacher, or other professional staff member responsible for the child’s education, or to attend a meeting regarding care provided to the child in connection with the child’s health conditions or disability.

      New York

      Final Paycheck: 
      Must be paid on next scheduled payday. The New York Labor Law states that all wages owed to a separating employee must be paid on the next scheduled payday, irrespective of whether the employee quits or gets fired.
      Sick Pay: 
      Household employers in New York City are required to provide 2 days of paid sick time per calendar year for their employees after they have been employed for 1 year. Sick time not used during the year can be carried over to the next year or be paid to the employee if they are terminated. Employers must keep sick time records for 3 years.

      Texas

      Final Paycheck: 
      If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final payment is due within six (6) calendar days of discharge.

      Sick Pay: 

      Not defined, follow federal

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