You got sick and didn’t get paid for those days? Fortunately, Arizona employment laws have robust provisions for paid sick time, a Phoenix paid sick time lawyer assist employees and employers in resolving these disputes. Reach out Houk Employment Attorneys to schedule a consultation at (480) 569-2377.
Our legal team has decades of combined experience in labor law matters. The best way to protect your rights regarding paid sick time is to understand your rights and your legal options for violations of those rights.
How Our Phoenix Employment Lawyers Can Help You With Paid Sick Time Disputes in Arizona
Arizona paid sick leave laws allow employees to take time off from work to address their health without fear of losing their jobs or a paycheck. Paid sick leave laws promote a healthy workplace for workers and employers. Unfortunately, disputes arise between employees and employers regarding paid sick time. These disputes could lead to costly litigation for employers. Employees may be entitled to significant compensation for damages if they prove their employer violated their legal rights regarding paid sick time.
An experienced employment lawyer in Phoenix can help. When you hire our top-rated paid sick-time lawyers, you can trust that we will:
- Investigate the circumstances of the dispute to determine the applicable employment laws that apply to your situation
- Advise you of your legal rights and the options for pursuing a claim or defending a claim against you
- Gather evidence to support your paid sick time claim
- Prepare and file all documents and paperwork necessary for a claim or lawsuit
- Determine how much your claim is worth by documenting your damages
- Aggressively pursue alternative dispute resolution whenever possible to avoid litigation
- Fiercely defend your position in court to obtain the best possible outcome in your case
Experience matters when you walk into a courtroom. Our founding attorney, Christopher Houk, started Houk Employment Attorneys, in 2019. He has almost two decades of experience in employment law and top ratings from Super Lawyers and Avvo. He leads a team of seasoned trial lawyers and skilled negotiators who fight for the rights of our clients.
Contact Houk Employment Attorneys, to schedule a consultation with a Phoenix employment attorney.
Arizona’s Paid Sick Leave Law Includes the Following Basic Requirements
Arizona’s Fair Wages and Healthy Families Act of 2017 guarantees paid sick leave for most employees. The law makes it mandatory for Arizona employers to provide eligible employees a specific amount of paid sick time each year.
Employees in Arizona earn paid sick time beginning with their first day of employment. Employers with 15 or more employees must provide a minimum of 40 hours of paid sick leave per year. Employers can voluntarily choose to set a higher limit for earned sick time. Employers with fewer than 15 employees only need to provide a minimum of 24 hours of paid sick time per year. However, they may also set a higher number of hours employees can accrue for sick time.
Employees are entitled to one hour of paid sick time per 30 hours worked. Some employers track earned sick time by each pay period. However, employers can also provide an employee with a lump sum of sick leave time per year. When using the lump sum method, the employer must give the employee the entire amount of paid sick time allowed for the year. Paid sick time can be rolled over to the following year. Employers may choose to pay employees for unused sick time at the end of each year instead of rolling over unused sick time.
When Can an Employee Take Paid Sick Leave in Phoenix, AZ?
Employees may begin using their accrued paid sick time after they have been employed for 90 days. After that, employees may use accrued sick time as they earn it. The sick time can be sick time in increments of an hour at a time or the smallest time increments used by their employer’s payroll system, whichever increment is smallest.
Leave for sick time may be requested in writing, orally, or as otherwise set by the employer. Employers should communicate the procedure for requesting paid sick time to their employees. When an employee requests to take paid sick leave, the employee is not obligated to find a replacement to cover their job while on sick leave.
Arizona Revised Statute §23-373 explains the reasons why an employee may use paid sick time. Those reasons include:
- For the employee to seek treatment for a physical or mental illness, injury, or health condition; an employee’s need for preventive medical care; or an employee’s need for a medical diagnosis, treatment, or care for a mental or physical illness.
- For the employee to care for a family member who has a physical or mental illness, health condition, or injury; care for a family member who needs a diagnosis and treatment; or, care for a family member who needs medical care to maintain their health.
- A public health emergency impacting the employee or the employee’s family member; to care for a child whose place of care or school has been closed by a public official for a health emergency; or because a medical professional determines that exposing the employee or a family member to the public is dangerous because of a contagious disease.
- Because of sexual violence, stalking, domestic abuse, or abuse involving the employee or the employee’s family member.
Employers may require reasonable documentation that the paid sick time is being used for one of the permitted reasons for the paid sick time of three or more consecutive work days. However, the employer cannot require the employee to provide documentation that explains the nature of the health condition or details of the domestic violence.
For example, an employee may provide a signed statement from their physician. In cases of domestic violence, abuse, sexual violence, or stalking, documentation can consist of a police report, protective order, or a signed statement from a victim services organization, witness advocate, attorney, or employee.
Do Arizona’s Paid Sick Time Laws Cover Family Members?
The paid sick time laws cover the time employees take off from work to care for family members. As defined in ARS §23-371, family members include:
- Spouses
- Domestic partners
- Parents
- Children
- Siblings
- Grandchildren
- Grandparents
- Anyone related by blood or affinity whose relationship with the employee equates to a family relationship
The statute includes biological family members. However, it also includes family members who are adopted, fostered, and stepfamily. Children whom an employee stands in the place of a parent or whom the employee stood in the place of a parent when the child was a minor are covered. The same is true of an employee and their parent.
What Happens if an Arizona Employer Denies Paid Sick Time or Retaliates for Using Sick Time?
The law prohibits an employer from denying an employee’s lawful request to use paid sick time. Employers may not retaliate against employees who lawfully use their paid sick time. Employer retaliation is punishment for an employee exercising a legally protected activity. The employer does not have a valid legal reason for justifying their action.
Examples of retaliation for using paid sick leave could include, but are not limited to:
- Termination of employment
- Reduction of working hours
- Demotion
- Salary reductions
- Denied opportunities
- Harassment and threats
- Excessive negative job reviews
- Reassignment to a less favorable position
- Passing over for raises and promotions
If an employer retaliates against an employee for using paid sick leave in Arizona, the employee can file a complaint with the Industrial Commission of Arizona. They may also file a civil lawsuit seeking damages. An employer who is guilty of retaliation or violating the Fair Wages and Healthy Families Act could be required to:
- Pay a fine equal to twice the amount of the employee’s unpaid sick time;
- Pay the employee the balance of their sick time owed, plus interest;
- Reimburse the employee for their attorneys’ fees and costs of bringing an action; and,
- Compensate the employee for other damages the employee sustained because of the employer’s unlawful retaliation or denial of paid sick time.
Claims for violating Arizona’s paid sick time laws can be complicated. Employees may have one or more options for seeking compensation for their damages. If you believe you are the victim of employer wrongdoing or being accused of violating an employee’s rights, you need legal advice as quickly as possible.
Schedule a Consultation With Our Phoenix Paid Sick Time Lawyers
Whether you are an employer or an employee, paid sick time laws impact you. If you have questions or need assistance with a paid sick time claim, call Houk Employment Attorneys, to speak with an attorney. Our Phoenix paid sick time attorneys will help you resolve your dispute to protect your best interests.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
