Sick time rules for new hires in 4 states

Set the new hire’s sick-time instructions from the applicable state’s accrual, use and coverage rules.

Key takeaways for sick time new hire setup

• Accrual rates vary by state schedule. California requires earning at least one hour of paid sick leave for each 30 hours of work under an accrual plan, according to California Department of Industrial Relations. Washington requires earning at least one hour of paid sick leave for every 40 hours of work, according to Washington Department of Labor & Industries. Oregon requires earning at least 1 hour of protected sick time for every 30 hours of work, according to Oregon Bureau of Labor and Industries. New Jersey requires earning one hour of earned sick leave for every 30 hours worked, according to New Jersey Department of Labor and Workforce Development.

• Annual use limits and earning caps differ from accrual totals. California mandates allowing an employee to use at least five days or 40 hours, whichever is more, starting January 1, 2024, according to California Department of Industrial Relations. Oregon’s earning cap is up to 40 hours per year, according to Oregon Bureau of Labor and Industries. New Jersey provides up to 40 hours of earned sick leave per year, according to New Jersey Department of Labor and Workforce Development.

• Copy rates only for the hire’s own state.

Set the new hire’s sick-time instructions from the applicable state’s accrual, use and coverage rules

Employees earn at least 1 hour of protected sick time for every 30 hours of work, up to 40 hours per year, according to Oregon Bureau of Labor and Industries. Keep accrued balances, permitted use, and paid or protected status separate in the new hire’s instructions. The term “protected” in this specific quote indicates the status of the time earned, but it does not confirm that the time is paid for every employer size, according to Oregon Bureau of Labor and Industries. Do not conflate the accrual schedule with the annual usage limit or the payment status.

When writing the handoff, list the accrual rate, the annual cap, and the protection status as distinct fields. Separate these numbers from any policy about whether the hours are paid or unpaid.

Separate accrual, permitted use and paid coverage

When drafting the new hire’s instructions, keep three distinct concepts separate: the rate at which time accrues, the annual limit on how much can be used, and whether that time is paid or merely protected. Conflating these leads to incorrect payroll calculations and misinformed employees.

Accrual rates differ by state. In California, the California Department of Industrial Relations states that, in general terms and subject to some exceptions, employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work, a schedule often called the 1:30 schedule California Department of Industrial Relations. In Washington, the Washington Department of Labor & Industries specifies that you must earn at least one hour of paid sick leave for every 40 hours you work Washington Department of Labor & Industries. These are not identical schedules. Do not apply the California 1:30 rate to Washington employees, and do not apply the Washington rate to California employees.

Annual use limits are separate from accrual. The California Department of Industrial Relations notes that although employees may accrue more than five days of paid sick leave under the one hour for every 30 hours worked accrual method or under an alternative accrual standard, the law allows employers to limit an employee’s use of paid sick leave to 40 hours or five days during a year California Department of Industrial Relations. This means the accrual balance can grow beyond the annual usage cap. For example, if a California employee works enough hours to accrue 48 hours of sick leave in a year, the law allows a limit of 40 hours or five days during a year, and starting January 1, 2024 the employer must allow at least five days or 40 hours, whichever is more. The accrued balance and the usable amount are distinct figures.

Illustrative example

Work 30 hours in California under the general accrual rule and count 1 hour of paid sick leave. Work 40 hours in Washington and count 1 hour of paid sick leave.

Read state-specific annual amounts and carryover

When drafting the sick-time handout, distinguish the total annual provision from the balance that rolls over to the following year. The three states represented in the current packet specify different mechanisms for handling unused hours and upfront availability.

In Washington, the Washington Department of Labor & Industries states that if an employee does not use all of the paid sick leave earned by the end of the accrual year, the employer must carry over balances of 40 hours or less to the next year, according to Washington Department of Labor & Industries. This rule defines the specific threshold for mandatory carryover within that jurisdiction.

Oregon presents a slightly different policy framework regarding employer discretion. The Oregon Bureau of Labor and Industries notes that employer policies may limit carry-over of unused sick time from one year to the next to up to 40 hours a year and cap total accrual balances to 80 hours, according to Oregon Bureau of Labor and Industries.

New Jersey offers flexibility regarding how the annual allowance is distributed to the worker. The New Jersey Department of Labor and Workforce Development explains that employers may choose to provide 40 hours of earned sick leave up front, at the start of the year, according to New Jersey Department of Labor and Workforce Development. This upfront provision option allows the new hire to access the full annual amount immediately rather than waiting for it to accrue over time.

Regarding the retention of unused hours in New Jersey, the same source clarifies that an employee may carry over up to 40 hours of unused earned sick leave into the next benefit year, according to New Jersey Department of Labor and Workforce Development. This carryover provision applies specifically to the unused portion of the 40-hour annual allowance.

For the staffing team, the critical distinction is that Washington mandates carryover of balances up to 40 hours, while Oregon allows employer policies to limit carryover to 40 hours and cap total accrual at 80 hours. New Jersey permits both upfront provision of the full 40 hours and carryover of up to 40 unused hours. Ensure the new hire’s handout reflects whether their specific employer in New Jersey chooses the upfront model or the accrual model, as the availability of funds at the start of the year differs based on that choice.

Explain the new hire’s first-use timing without universalizing it

Timing rules differ by state, so do not assume a single waiting period applies across your roster. For Washington, the Washington Department of Labor & Industries states that you may begin using earned paid sick leave 90 calendar days after your first day of work with your employer ( Washington Department of Labor & Industries). This specific 90-calendar-day marker defines when the new hire can access the benefit in that jurisdiction. You must also notify your employees of their paid sick leave rights by their first day of employment, according to the Washington Department of Labor & Industries. This notification requirement is distinct from the start-of-use wait and must be completed immediately upon hire.

For Oregon, the rule is phrased slightly differently. Employees may begin taking sick time after 90 days of employment, according to the Oregon Bureau of Labor and Industries. While both states reference a 90-day threshold, the Washington source specifies "90 calendar days" and ties the start of use to the "first day of work," whereas the Oregon source simply states "after 90 days of employment." These nuances matter for payroll calculations and onboarding checklists. Do not treat these as identical without verifying the specific language in each state’s current guidance.

When building your handoff instructions, list the waiting period for each state separately. For Washington, record the 90-calendar-day start date and the immediate notification obligation. For Oregon, record the 90-day employment threshold. If your team hires across multiple states, keep these figures distinct to avoid applying Washington’s specific "calendar day" phrasing to Oregon’s general "days of employment" rule. The goal is to ensure the new hire knows exactly when they can access leave in their specific location, without assuming the rules are uniform.

Filled reference table: one row for each publisher

Use the table below to verify each new hire’s sick-time handout against the specific state rules. Each row lists the publisher, the stated accrual rate, the start-of-use rule, and the paid or protected status.

Check the new hire’s state against the corresponding row to confirm the accrual rate and use date are recorded correctly.

Sick-time handout fields

Keep the accrual rate separate from the annual cap, and note whether the time is paid or protected.

Enter the exact accrual rate stated in the source for that state. For the annual cap, record the maximum hours or days allowed for use in a year. Note the specific date or condition when the new hire can first use the leave. Specify if the leave is paid or protected. Record any carryover limits mentioned in the source.

Do not assume the rules are identical across states. Check the specific publisher’s page for each state. For example, California rules state that starting on January 1, 2024, an employer must allow an employee to use at least five days or 40 hours, whichever is more, according to California Department of Industrial Relations. Treat that minimum as separate from the 40-hour or five-day use limit, not as a flat cap.

Do this on the handout today

Copy the hire’s state accrual rate, start-of-use rule, and paid or protected status onto the handout. See the family leave handoff if family leave also applies, and the state payment schedules when you set pay.

Sick time new hire setup FAQ

How fast does sick time accrue?

Accrual speed depends on the state. According to California Department of Industrial Relations, employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work. New Jersey requires one hour of earned sick leave for every 30 hours worked, according to New Jersey Department of Labor and Workforce Development. Oregon requires at least 1 hour of protected sick time for every 30 hours of work, paid only at the stated employer sizes, according to Oregon Bureau of Labor and Industries. Washington uses a different rate, requiring one hour of paid sick leave for each 40 hours of work.

Is annual use the same as the accrual balance?

No, the accrual balance and the permitted annual use are distinct limits. According to California Department of Industrial Relations, employees may accrue more than five days of paid sick leave under the one hour for every 30 hours worked accrual method. However, the law allows employers to limit an employee’s use of paid sick leave to 40 hours or five days during a year.

When can a new hire start using leave?

Timing depends on the state and the employer’s chosen method. According to Washington Department of Labor & Industries, you may begin using earned paid sick leave 90 calendar days after your first day of work with your employer. Oregon follows a similar 90-day rule for new hires. In California, the full amount of at least 40 hours or five days must be available from the beginning of each year of employment, calendar year, or 12-month period, according to California Department of Industrial Relations.

Does every Oregon employer have to pay for sick time?

Not every Oregon employer is required to provide paid sick time. According to Oregon Bureau of Labor and Industries, protected sick leave is also paid time when an employer has 10 or more Oregon employees. If the employer has a location in Portland, the threshold is six or more employees. Smaller employers must provide protected sick time but are not required to pay for it.

Can unused time carry over?

Carryover rules vary by state and have specific caps. According to Washington Department of Labor & Industries, if you do not use all of the paid sick leave you’ve earned by the end of the accrual year, your employer must carry over balances of 40 hours or less to the next year. New Jersey and Oregon also have carryover provisions. Oregon policies may limit carry-over to 40 hours a year and cap total accrual balances to 80 hours.