PAID SICK LEAVE

ARIZONA PAID SICK LEAVE

Denials and Retaliation

An employer cannot deny an employee use of lawfully earned paid sick leave. Nor can an employer terminate, discipline, or otherwise retaliate against an employee for using paid sick leave, or exercising any other right under Arizona labor law.

An employee who has been denied the use of earned paid sick leave or suffered retaliation for requesting or using paid sick leave can file a complaint with the Industrial Commission of Arizona and/or a civil lawsuit.

An employer who violates the Fair Wages and Healthy Families Act may be required to:

Pay the balance of the sick leave owed, plus interest;
Pay a fine of twice the amount of the underpaid sick leave;
Pay the employee's attorney's fees; and
Compensate the employee for other damages resulting from the employer's unlawful denial of rightfully owed sick leave or retaliation

For information on additional considerations and how you can enforce your rights under Arizona’s paid sick leave law, consult with an experienced Arizona employment attorney.

Who Is Eligible For Paid Sick Leave in Arizona?

Nearly every employee (full-time, part-time, temporary, or seasonal) who works in Arizona is eligible for paid sick leave, except independent contractors and individuals employed under the following conditions:

Under a valid collective bargaining agreement (CBA) that expressly waives an employee’s right to paid sick leave;
By a parent or a sibling;
To provide babysitting in the employer’s home on an as-needed basis;
By the state or federal government;
Voluntarily i.e. without any express or implied compensation agreement; and
By a small business that is not legally required to pay its employees the minimum wage.

Accrual of Paid Sick Leave in Arizona

Employees in Arizona begin to accrue paid sick leave hours from their first day of work.

An employee of an employer with more than 15 employees can accrue and use up to 40 hours of paid sick leave per year unless the employer voluntarily sets a higher limit.

An employee of an employer with less than 15 employees can accrue and use up to 24 hours of paid sick leave per year unless the employer voluntarily sets a higher limit.

In lieu of tracking one hour of paid sick leave for every 30 hours of work, an employer may elect to grant an employee a lump sum of sick leave (24 or 40 hours) every year.

Accrued, unused sick leave must be rolled over into the next year, or the employer can elect to pay employees for unused sick leave.

Using Paid Sick Leave?

New employees must be allowed to begin using accrued paid sick leave no later than 90 days after employment. Otherwise, an employee may use paid sick leave as it is accrued.

An employee may request to use paid sick leave orally, in writing, electronically, or by any other means that the employer finds acceptable.

An employee may use paid sick leave in hourly increments or the smallest increments used by their employer's payroll system, whichever is smallest.

An employee need not find a replacement to cover the time they miss while using paid sick leave.

For What Purposes Can An Employee Use Paid Sick Leave In Arizona?

Paid sick leave can be used if an employee is ill or injured or receiving medical care, treatment, diagnosis, or preventative care, or if a member of their family is ill or injured, or if they must care for a family member receiving medical care, treatment, diagnosis, or preventative care.

Paid sick leave can also be used if the employee or a member of their family is the victim of domestic violence or a sex offense, or if their place of business is closed by order of a public official due to a public health emergency, or if they 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

Is Advance Notice Required To Use Paid Sick Leave In Arizona?

Generally, advance notice is not required in order to use paid sick leave in Arizona. However, the law states that if the need for paid sick leave is foreseeable, an employee should make a good faith effort to give their employer reasonable advance notice.

An employer may require advance notice of unforeseeable absences; however, this requirement must be contained within a written policy that explains how an employee must provide such notice.

Furthermore, if an employee is absent for three consecutive days, the employer can require reasonable documentation, such as a note from the employee's doctor or testing center, or in the case of domestic violence, a police report, order of protection order, etc. A school can also provide a note if an employee’s presence is requested for their child.

If you are an employee in Arizona and believe that you have been unlawfully denied paid sick leave, or that you have suffered retaliation for requesting or using paid sick leave, contact our office to discuss your case with a knowledgeable and experienced Arizona employment attorney.

Strict time limits apply to filing a civil complaint or lawsuit against an employer who has violated your rights under Arizona’s Paid Sick Leave law.

Many workers cannot afford to miss a day of work, even when they are sick. But, now more than ever, it is important that people be able to stay home when they are not feeling well.

Fortunately, for workers in Arizona, the state’s Fair Wages and Healthy Families Act of 2017, guarantees paid sick leave for all employees, with very few exceptions. The law makes it mandatory for Arizona employers to provide eligible employees with a minimum amount of paid sick leave every year.

Along with the ability to use paid sick leave when they are ill, employees in Arizona can use paid sick leave to care for family members when needed, children during school closings, and to deal with domestic violence or sexual assault. Furthermore, an employee does not need to provide their employer with a doctor’s note or other documentation unless they are absent from work for three or more days.

Mandatory paid sick leave for eligible employees does not replace more generous Paid Time Off (PTO) benefits that an employer may already offer its employees. It simply ensures that all employees in Arizona are provided at least some paid sick leave.

If you are an employee in Arizona, who has been denied your rightful paid sick leave, or who has suffered retaliation by your employer for asserting your rights, call Robinson Law Offices at (602) 899-5554 to discuss your case with an experienced Arizona employment lawyer. You may be entitled to compensation.

Q&As

Q: What laws protect employee’s use of paid sick time? A: The Fair Wages and Healthy Families Act entitles Arizona employees to accrue earned paid sick time. Earned paid sick time is leave time that is compensated at the same hourly rate and with the same benefits, including health care benefits, that an employee would have received for the work hours during which earned paid sick time is used.

Q: Who does the Fair Wages and Healthy Families Act apply to? A: The Fair Wages and Healthy Families Act applies to all “employers”, with few exclusions. For purposes of earned paid sick time, an employer is defined as any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee but does not include the state of Arizona or the United States.

Q: For what reasons can an employee use earned paid sick time? A: An employee can use earned paid sick time when seeking medical care, for mental or physical illness, injury, or due to the health condition of the employee’s family members. Employees can also use this time during a public health emergency affecting the employee or a family member and for absence due to domestic violence, sexual violence, abuse, or stalking involving the employee or any of the employee’s family members.

Q: How much earned paid sick time should an employee have? A: This depends on how many employees an employer has. For employers with 15 or more employees, employees are entitled to accrue at least one hour of earned paid sick time for every 30 hours worked, but the employee is not entitled to accrue or use more than 40 hours of earned paid sick time, unless the employer sets a higher limit. For employers with less than 15 employees, employees are entitled to accrue at the same rate but they are not entitled to accrue or use more than 24 hours of earned paid sick time per year, unless the employer sets a higher limit.

Q: Should an employee be reimbursed for any unused earned paid sick time at the end of each year or upon separation? A: An employer can elect to do so but is not required to pay employees for unused earned paid sick time at the end of each year or at separation.

Q: How soon can an employee begin using earned paid sick time? A: An employee may begin using earned paid sick time as it is accrued or otherwise available for use. An employer may require that an employee wait 90 calendar days after the start of employment before using accrued earned paid sick time.

Q: My employer offers Paid Time Off (“PTO”). Do they have to offer additional earned paid sick time? A: If an employer’s PTO policy provides an amount of paid leave that meets or exceeds Arizona’s earned paid sick time minimum requirements, and the time can be used for the same purposes and under the same conditions as earned paid sick time, the employer is not required to provide additional earned paid sick time.

Q: How does an employee request earned paid sick leave? A: Pursuant to A.R.S. § 23-373(B), a request to use earned paid sick time may be made orally, in writing, by electronic means, or by any other means acceptable to the employer.

Q: Am I protected if I must take unforeseeable leave? A: When foreseeable, an employee must make a good faith effort to provide notice of the need to use earned paid sick time in advance and should schedule the leave in a manner that does not unduly disrupt the employer’s operations. If an employer has provided a written policy concerning unforeseeable leave, the employee must follow the policy. However, an employer is not permitted to interfere with an employee’s right to use any of the available options (written, oral, electronic, etc.) when requesting paid sick leave.

Q: Can my employer require proof of the reason for the use of paid sick leave? A: If an employee uses earned paid sick time for three or more consecutive workdays, an employer can require reasonable documentation that the paid sick time used was for purposes permitted by the Fair Wages and Healthy Families Act. Reasonable documentation can include documents signed by a health care professional, indicating that paid sick time is necessary. In the case of domestic violence, sexual violence, abuse or stalking, acceptable documentation can include a police report, a protective order, a signed statement from a victim services organization, a signed statement from an attorney or member of the clergy, etc. However, an employer cannot require that the employee specify the relevant health condition or details of the domestic violence, sexual violence, abuse or stalking.

Q: If I believe my employer has violated my rights under the Fair Wages and Healthy Families Act, what is my recourse? A: Employees may file a complaint with the Labor Department of the Industrial Commission or file a civil lawsuit for earned paid sick time violation (A.R.S. § 23-377). A complaint concerning paid sick time violations must be filed within one year of the date the wages were due. Claims for retaliations, discrimination, or a violation of A.R.S. § 23-377, must be filed within one year from the date the alleged violation occurred or when the employee knew or should have known of the alleged violation (A.A.C. R20-5-1211).

Q: Can my employer retaliate against me for requesting or using earned paid sick time? A: The Fair Wages and Healthy Families Act prohibits an employer from discriminating or retaliating against an employee for asserting their rights under the Act. Additionally, if an employer takes an adverse action against an employee within 90 days of the employee asserting a right under the Act, retaliation will be presumed and can only be overcome if the employer shows by clear and convincing evidence that the action taken was for a permissible reason.

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We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.