When searching for a new job, many people check out what benefits companies offer, even making big decisions about accepting or declining a job offer based on what the company can offer them. Some companies leverage generous leave policies when attracting talent — however, in some states in the US, offering leave is required by law. In several states, there are policies in place that determine how much leave a worker must receive, making it a benefit to all eligible workers.

Before we dive into five states plus Washington DC’s labor laws around leave, it’s important to note that there are many different types of leave including paid time off, sick leave, and parental leave. Today, we’re going to focus on paid time off (PTO, also called annual leave) and sick leave.

New York

New York has a massive population, with nearly 20 million people living within its state lines. With many of these residents being of working age, the state has implement labor laws around what leave is mandatory for employers to provide to their workers.

In New York, employers with over 100 employees in the company must provide up to 56 hours of paid sick leave each year. That means that every year, workers accrue seven days that they can take for periods of illness without losing pay. Smaller employers — those with between five and 99 employees — are required to provide up to 40 hours (five days) of paid sick leave each year.

New York also stipulates that small companies of less than five employees must provide up to 40 hours of sick leave for their employees if they make more than $1 million in a given year. However, this sick year can be unpaid. This is because the state understands that small business owners rely on each and every employee to keep running, making leave more impactful than a larger company.

New York does not have laws around paid time off for personal leave or vacation time. This type of leave is at the discretion of the employer. However, they do have a safe leave policy that is reserved for those experiencing domestic abuse including family offenses, stalking, or human trafficking.

You can find more information on sick leave on the New York State website and on the New York State Consumer and Worker Protection website.

California

California, similar to New York, has a robust population and millions of workers across its major cities and small towns. These workers are protected by its labor laws, including laws and policies around taking different types of leave.

When it comes to sick leave, California mandates that all employers provide their workers with at last 40 hours (five days) of paid sick leave each year. This law came into effect in 2024, increasing the number of hours required for sick leave allotments. This sick leave is available for those who feel ill or need to attend medical treatment, even preventative care appointments. Sick leave can also be used to take care of ill family members. However, this benefit is only available for workers who have been employed with the same employer for at least 30 days and have completed a 90-day employe

In California, there are no laws stating that employers must give a certain number of days to employees for annual leave or vacation time. This type of leave is determined on a company-by-company basis, which means it can be wide-ranging depending on where someone works. For many companies, and according to state guidelines, vacation time can be earned through the accrual of hours. This means that individuals must work a certain amount of hours over the course of weeks or months to receive paid time off as a benefit. In California, however, it is illegal for employers to take away a worker’s accrued hours of leave, even at the end of the year.

More detail on the labor laws in California are available on the State of California Department of Industrial Relations website.

Texas

Texas is a state with an abundance of types of work available to its residents, including jobs in tech, finance, farming, construction, and more. They have less strict policies around labor and leave.

For workers in Texas, sick leave is determined by their employer, who has the discretion to offer paid or unpaid sick leave. However, Texas policy does protect those who are disabled or pregnant with specific labor laws.

Texas does not mandate any particular amount of paid time off for workers, whether that’s annual leave or vacation time. Most companies, under state guidelines, offer leave on an accrual basis, meaning that workers must work a certain number of hours to earn time off.

More information can be found on the Texas Guidebook for Employers website.

Illinois

The Illinois population is diverse, with many people of different cultures, backgrounds, and working status making up its working cohort. To keep these workers safe, the state of Illinois has enacted laws and policies that embed leave into workers’ benefits.

In Illinois, employers must follow the Paid Leave for All Workers Act, which states that workers must earn up to 40 hours (five days) of paid leave over a calendar year. Policy guides companies to provide workers with one hour of leave for each 40-hour working week. There is no stipulation how this leave is used, and can be spent either for sick leave or for vacation time — and employers are instructed not to require justification for workers’ time off within this limit.

The Department of Labor offers guidance for employers on how to abide by its policies. They share that companies can forfeit workers’ accrued leave if not taken by a certain date (like the end of the year) if it’s in their company policy and that companies can have leave “blackout dates” where none of their workers can take leave.

The Illinois Department of Labor's website offers more insight into state leave policies.

Massachusetts

Massachusetts labor laws vary from other East Coast states, though still provide eligible workers with

Paid sick leave is available to workers in Massachusetts, though this sick leave is only protected when companies have 11 employees or more. For these companies, employees may accrue up to 40 hours (five days) of paid sick leave in a given year. For smaller companies of 10 employees or less, workers may take up to 40 hours of sick leave, however this leave can be unpaid. Sick leave is available to all workers, including those that are part-time, seasonal, and temporary.

Employers in Massachusetts are not required to give their workers vacation time or annual leave. That being said, many still do, abiding by their individual company policies. The state does not force companies to adhere to a certain number of hours of leave for their employees, leaving them to create benefits as they see fit.

If you’re looking for more information on Massachusetts labor laws, visit the Massachusetts website.

Washington DC

Lastly, we’ll explore Washington DC’s labor laws as it relates to sick leave and paid time off. As the home of the nation’s capital, it provides its employers and workers with a set of guidelines around taking time off.

Washington DC policy stipulates that employers that have more than 100 workers in its ranks must provide these workers with at least one hour of paid leave for every 37 hours worked, which generally works out to around seven days of paid sick leave each year. Smaller employers, those with between 25 and 99 employees, must give their workers one hour of paid leave for every 43 hours worked, which amounts to around five days of paid sick leave each year. Even smaller companies, those with 24 employees or fewer, must provide their workers with at least one hour of paid sick leave for every 87 hours worked, which can accrue to be around three days of sick leave each year.

In Washington DC, companies are not required to provide their workers with paid time off or vacation time. Employers that do offer vacation days can do so either paid or unpaid, leaving it up to the worker to decide if taking time off suits their needs.

Check out this fact sheet from the Department of Employment Services, which shares information essential to understand employer and worker responsibilities.

When learning about your state’s labor laws as it pertains to sick leave and vacation days, you’ll need to determine whether there are specific factors that impact your situation. Most states — and most companies — have varying policies for those who work full-time versus part-time. Some policies have been grandfathered in for older companies, though many states are taking a look at how employers grant time off for their workers after the significant changes in ways of working from the past five years.

No matter what state you live in, taking time off is an important aspect of maintaining wellbeing. Taking time off, especially if it’s unpaid time off, can be a challenge for those who feel tied to their jobs. Yet, time passes quickly and if we don’t take time away from work every now and then, we might find ourselves burnt out and not able to grasp the joys of daily life.