If you work in Arizona, you are entitled to paid sick leave under state law. The Fair Wages and Healthy Families Act, also known as Proposition 206, requires most Arizona employers to provide earned paid sick time to covered employees. Covered employees include both full-time and part-time workers, as well as seasonal and temporary workers.
Despite how widely the law applies, many workers are unsure how their sick leave is calculated and how much they are entitled to. Learning about the basics can help you make sure your employer is meeting its obligations, so read on for the information you should know.
How Does Paid Sick Leave Accrual Work in Arizona?
Under A.R.S. § 23-372, employees accrue one hour of paid sick time for every 30 hours worked. Overtime hours count toward that total. Accrual begins on your first day of employment, though your employer may require you to wait up to 90 calendar days before you can start using your accrued time.
For example, an employee who works 30 hours per week generally accrues one hour of earned paid sick time each week. An employee who works 40 hours per week generally accrues four hours for every three weeks worked and would accrue 40 hours after about 30 weeks, assuming the employer does not provide a more generous policy.
What Is the Difference Between Accrual and Front-Loading?
Not every employer handles paid sick leave the same way.
Arizona law allows employers to choose between two methods:
- Accrual method: Sick time builds gradually as you work, at the rate of one hour per 30 hours worked
- Front-loading method: The employer provides at the beginning of the year all earned paid sick time the employee is expected to accrue during that year
Arizona law also contains rules governing carryover. Earned paid sick time generally carries over to the following year, subject to applicable usage limits. Employers may also satisfy the law’s accrual and carryover requirements through a compliant front-loading policy or use the statutory pay-out alternative described below.
How Do I Calculate My Sick Leave Pay Rate?
The rate you receive for earned paid sick time depends on how you are normally paid. If you earn a single hourly rate, you generally receive the same hourly rate you would have earned during the time you used as sick leave
If you work at multiple hourly rates, your employer generally uses the rate you would have earned during the time you took leave if that rate is known. If it is not known, a weighted average of your hourly rates from the previous pay period may be used.
What Can I Use Paid Sick Leave For?
Arizona’s paid sick leave law covers a broader range of situations than many employees realize.
Under Arizona law, you can use accrued earned paid sick time for:
- Medical care for your own illness, injury, or health condition or that of a qualifying family member
- Certain absences related to domestic violence, sexual violence, abuse, or stalking involving you or a family member
- Caring for yourself or a family member when exposure to a communicable disease may jeopardize the health of others
- Closure of your workplace, or your child’s school or place of care, by a public official because of a public health emergency
The law defines “family member” broadly. It covers not only spouses and children but also anyone related to you by blood or whose relationship with you is the equivalent of a family connection.
What Happens to Unused Sick Leave at the End of the Year?
Unused earned paid sick time generally carries over to the following year, although the annual limits on how much time an employee is entitled to use still apply.
Arizona law also allows an alternative to carryover. An employer may pay an employee for unused earned paid sick time at the end of the year and provide the required amount of sick time for immediate use at the beginning of the next year. An employer may also choose to offer more generous benefits than the law requires.
Do You Get Paid for Unused Sick Leave When You Leave a Job?
Arizona law generally does not require an employer to pay you for unused earned paid sick time when your employment ends. However, your employer may have a policy that provides additional benefits.
If you are rehired by the same employer within nine months, previously accrued earned paid sick time that was not paid out generally must be reinstated. You can then use that time and begin accruing additional sick time after returning to work.
Contact the Arizona Employment Lawyers at Houk Employment Attorneys for Help Today
Arizona’s earned paid sick time law gives covered workers important rights, including the right to accrue and use leave for qualifying reasons. If you believe your employer has denied sick time, calculated your leave incorrectly, or otherwise violated your rights, legal guidance can help you understand your options.
Houk Employment Attorneys has 45 years of combined experience handling employment law matters. Contact our Arizona employment attorneys today at (480) 569-2377 to schedule an initial consultation and discuss your situation.