Employment State Laws: Taking Time Off

Employment State Laws:
Taking Time Off

This chart highlights the state laws related to taking time off from work (for caregivers and individuals diagnosed with serious medical conditions), including family and medical leave, medical certification forms, paid sick leave, and paid family, medical, and general leave. Check back often, as this chart is updated frequently.

In some cases, there may be county, city, or other local laws related to taking time off. Sometimes these laws exist even if a state does not have a statewide law. There may also be additional state laws that apply to your situation. Information about these types of laws may be found by visiting our Resources by Location page and selecting your state.

If you don't find what you're looking for, see our other Charts of State Laws:

For more information, see our Work & Cancer Materials & Resources.

Unpaid Leave Laws

Paid Leave Laws

Vacation Leave Laws

Bereavement Leave Laws

Unpaid Leave

State	State Family & Medical Leave Laws	Link to state law	Employee Eligibility for State FMLA Laws	Is there a State Medical Certification Form (Employee's Serious Health Condition)?	Hyperlink to Employee Form	Is there a State Medical Certification Form (Caregivers)?	Hyperlink to Caregiver Form
ALABAMA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
ALASKA	X (18 weeks in a 12 or 24 month period)	https://www.akleg.gov/basis/statutes.asp#39.20.500	Employees who work for a public employer and have worked 35 hours a week for 6 months or 17.5 hours a week for 12 months; the public employer must have at least 21 employees within a 50 mile radius	Yes	https://doa.alaska.gov/dop/fileadmin/absenceManagement/CertofHealthCareProvider.pdf	Yes	https://doa.alaska.gov/dop/fileadmin/absenceManagement/CertofHealthCareProvider.pdf
ARIZONA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
ARKANSAS				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
CALIFORNIA	X (12 work weeks in a 12 month period)	https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12945.2.&lawCode=GOV	Employees who have worked for a covered employer for 1+ years, worked for 1,250 hours in the past 12 months, and who work for an employer with five or more full or part-time employees	Yes	http://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/CFRA-Certification-Health-Care-Provider_ENG.pdf	Yes	https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/12/CFRA-Certification-Health-Care-Provider_ENG.pdf
COLORADO				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
CONNECTICUT	X (12 work weeks in a 12 month period)	https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-51kk	Employees that have been employed by the employer for at least three consecutive months.	Yes	https://portal.ct.gov/-/media/DOLUI/Medical-Certification-for-Employees-Serious-Health-Condition.pdf	Yes	https://portal.ct.gov/-/media/DOLUI/Medical-Certification-for-Care-of-a-Family-Members-Serious-Health-Condition.pdf
DELAWARE				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
*DISTRICT OF COLUMBIA	X (16 work weeks in a 24 month period)	https://code.dccouncil.gov/us/dc/council/code/titles/32/chapters/5/subchapters/I	Employees who have worked for a covered employer for 1+ years, and worked for at least 1,000 hours during the 12 months prior to leave.	No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
FLORIDA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
GEORGIA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
HAWAII	X (Family Leave only: 4 weeks per calendar year)	https://dhrd.hawaii.gov/state-employees/employee-benefits/family-friendly-benefits/family-and-medical-leave/	Employees (full-time or part-time) who perform services for at least 6 months for wages under a contract of hire.	No	https://triagecancer.org/FMLACert-Employee	Yes	https://labor.hawaii.gov/wsd/files/2022/03/HFLL-1_Certification-Optional-form-Rev-9-2020.pdf
IDAHO				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
ILLINOIS				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
INDIANA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
IOWA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
KANSAS				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
KENTUCKY				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
LOUISIANA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MAINE	X (10 weeks per 2 year period)	https://www.mainelegislature.org/legis/statutes/26/title26sec844.html	Employees who have worked for 12 consecutive months at private employer with 15+ employees, any state agency, or Any city, town or municipal agency that has 25 or more workers.	No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MARYLAND				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MASSACHUSETTS				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MICHIGAN				Yes	https://www.michigan.gov/mdcs/-/media/Project/Websites/mdcs/FORMS/CS1838_DMO_FMLA_Eligibility_and_Designation_Notice.pdf?rev=2e91c6238fbe4a5fb9330ef84ac1ed1c&hash=C3BA71DF5D4D56C455EF89B7B55F7456	No	https://triagecancer.org/FMLACert-Family
MINNESOTA	X (Parental Leave Only: 12 weeks per 12 months)	https://www.revisor.mn.gov/statutes/cite/181.941	Employers with one or more employees. No length of work requirement for employees.	No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MISSISSIPPI				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MISSOURI				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
MONTANA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEBRASKA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEVADA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEW HAMPSHIRE				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEW JERSEY				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEW MEXICO				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NEW YORK				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NORTH CAROLINA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
NORTH DAKOTA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
OHIO				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
OKLAHOMA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
OREGON	X (12 weeks of leave in 12 month period)	https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html#:~:text=659A.150%20Definitions%20for%20ORS%20659A.150%20to%20659A.186.	Employees who have been employed by a covered employer (25+ employees) for 180 days before taking leave.	Yes	https://www.oregon.gov/boli/workers/Documents/OFLA-SHC-cert-template.pdf	Yes	https://www.oregon.gov/boli/workers/Documents/OFLA-SHC-cert-template.pdf
PENNSYLVANIA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
*PUERTO RICO
RHODE ISLAND	X (13 weeks per 24 months)	https://webserver.rilegislature.gov//Statutes/TITLE28/28-48/28-48-2.htm	Employees are eligible to apply for leave if they are full time employees who work an average of 30 hours a week or more and have been employed continuously for at least 12 months by an employer with 50 or more employees.	No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
SOUTH CAROLINA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
SOUTH DAKOTA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
TENNESSEE				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
TEXAS				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
UTAH				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
VERMONT	X (12 weeks per 12 months)	https://legislature.vermont.gov/statutes/section/21/005/00472	Employees who have worked for an employer with 15+ employees for an average of 30 hours per week for a year.	No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
VIRGINIA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
WASHINGTON	X (12-16 weeks per 12 months)	https://paidleave.wa.gov/	Employees who work a total of at least 820 hours for any Washington employers during the previous 12 months.	Yes	https://paidleave.wa.gov/app/uploads/2020/05/Paid-Leave-Certification-Forms.pdf	Yes	https://paidleave.wa.gov/app/uploads/2020/05/Paid-Leave-Certification-Forms.pdf
WEST VIRGINIA				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
WISCONSIN	X (2 weeks per year for own serious health condition, 2 weeks per year for serious health condition of parent, child, or spouse)	https://dwd.wisconsin.gov/er/civilrights/fmla/	Employees who have worked for covered employer (50+ permanent employees during at least 6 of the last 12 months) for at least 52 consecutive weeks and for at least 1,000 hours in the preceding 52 week period.	Yes	https://dwd.wisconsin.gov/dwd/forms/erd/pdf/erd-10110.pdf	Yes	https://dwd.wisconsin.gov/dwd/forms/erd/pdf/erd-10110.pdf
WYOMING				No	https://triagecancer.org/FMLACert-Employee	No	https://triagecancer.org/FMLACert-Family
GUAM	X (12 weeks per 12 months)	https://law.justia.com/codes/guam/2022/title-22/division-1/chapter-3/	Employees who work for an employer (with 25 or more employees) for 12 months and who have 1,000 hours of service with the employer in the last 12 months.	No		No
LAST UPDATED	1/2024		1/2024	1/2024		1/2024

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Paid Leave

State	State Law Requiring Employer Paid Sick Leave	Paid Sick Leave Links	State General Leave	State General Leave Links	State Paid Family Leave Law (for Caregivers)	State Paid Family Leave Law (for Caregivers) links	State Paid Medical Leave Law (for Individual)	State Paid Medical Leave Law (for Individual) Hyperlink
ALABAMA
ALASKA
ARIZONA	x	https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00372.htm
ARKANSAS
CALIFORNIA	x	https://www.dir.ca.gov/dlse/paid_sick_leave.htm			8 weeks/year	https://edd.ca.gov/disability/paid-family-leave/
COLORADO	x	https://cdle.colorado.gov/hfwa			12 weeks/year	https://famli.colorado.gov/	12 weeks/year	https://famli.colorado.gov/
CONNECTICUT	x	https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-57r			12 weeks/year	https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49e	12 weeks/year	https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-49e
DELAWARE					6 weeks in any 24-month period beginning January 1, 2026	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=25023&docTypeId=6	6 weeks in any 24-month period beginning January 1, 2026	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=25023&docTypeId=6
*DISTRICT OF COLUMBIA	x	https://code.dccouncil.us/us/dc/council/code/titles/32/chapters/5/subchapters/III/			12 weeks/year	https://does.dc.gov/page/dc-paid-family-leave	12 weeks/year	https://does.dc.gov/page/dc-paid-family-leave
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS			Employees must be provided 40 hours of paid leave, to be used for any reason, per year. Employers can choose to provide the 40 hours at the beginning of the 12 month period, or they can require that employees earn the paid leave. If employees are earning paid leave, they must accrue at least 1 hour for every 40 hours worked. Employers who already provide 40 hours of paid leave do not have to provide more under this act. Employers who are required to pay paid sick leave under the Chicago Paid Sick Leave or Cook County Earned Sick leave, or any other local law, are not required to provide this leave.	https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4351&ChapterID=68
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE			One hour of paid leave for every 40 hours worked, up to 40 hours per year. Accrual begins immediately, but employers are not required to allow use of leave for the first 120 days of employment. Unless for use in an emergency, employees must provide reasonable notice of the intent to use earned leave. Applies to employers with 10 or more employees.	https://legislature.maine.gov/legis/statutes/26/title26sec637-2.html
MARYLAND	x	https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle§ion=3-1304&enactments=false			Maryland Healthy Working Families Act = 40 hours/year for employers with 15+ employees; starting 1/1/2025 12 weeks/year through FAMLI program for all employers	https://dls.maryland.gov/policy-areas/business-technology-and-economic-development/famli-program-study#:~:text=The%20FAMLI%20program%20generally%20provides,a%20family%20member's%20military%20deployment.	Maryland Healthy Working Families Act = 40 hours/year for employers with 15+ employees; starting 1/1/2025 12 weeks/year through FAMLI program for all employers	https://dls.maryland.gov/policy-areas/business-technology-and-economic-development/famli-program-study#:~:text=The%20FAMLI%20program%20generally%20provides,a%20family%20member's%20military%20deployment.
MASSACHUSETTS	x	https://www.mass.gov/info-details/earned-sick-time			12 weeks/year	https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits	20 Weeks	https://www.mass.gov/info-details/paid-family-and-medical-leave-pfml-overview-and-benefits
MICHIGAN	x	http://www.legislature.mi.gov/(S(v1agukkmdw3lf2jbaial2r1j))/mileg.aspx?page=getObject&objectName=mcl-408-963#:~:text=(2)%20Except%20as%20otherwise%20provided,leave%20in%20a%20calendar%20week.
MINNESOTA	x	https://www.dli.mn.gov/sick-leave			12 weeks/year beginning on January 1, 2026	https://mn.gov/deed/programs-services/paid-family/individuals/	12 weeks/year beginning on January 1, 2026	https://mn.gov/deed/programs-services/paid-family/individuals/
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA	x	https://www.leg.state.nv.us/nrs/nrs-608.html#NRS608Sec0197	Employees can earn up to 40 hours of paid leave per year. Employees can use paid leave on the 90th day of their employment. Applies to employers with 50 or more employees.	https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-608.html#NRS608Sec0197
NEW HAMPSHIRE					Covers state employees, 60% of pay up to 6 weeks. Private employers may opt in. Individuals working for an employer with 50+ employees may opt in.	https://www.paidfamilymedicalleave.nh.gov/
NEW JERSEY	x	https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml#11D-1			Up to 12 weeks in a 12 month period or 56 days of intermittent leave	https://www.myleavebenefits.nj.gov/worker/fli/	Up to 26 weeks/year	https://nj.gov/labor/myleavebenefits/worker/tdi/
NEW MEXICO	X	https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/Paid_Sick_Leave-NMSA_Chapter_50_Article_17.pdf?ver=2022-05-23-164309-943
NEW YORK	x	https://www.ny.gov/programs/new-york-paid-sick-leave			12 weeks/year	https://paidfamilyleave.ny.gov/paid-family-leave-family-care	Up to 26 weeks per year	http://www.wcb.ny.gov/content/main/DisabilityBenefits/employer-disability-benefits.jsp
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON	x	https://www.oregon.gov/boli/workers/Pages/sick-time.aspx			12 weeks/year	https://paidleave.oregon.gov/employees/overview.html	12 weeks/year	https://paidleave.oregon.gov/employees/overview.html
PENNSYLVANIA
*PUERTO RICO	x	https://casetext.com/statute/laws-of-puerto-rico/title-twenty-nine-labor/part-i-labor-provisions-generally/chapter-11a-puerto-rico-minimum-wage-vacation-and-sick-leave-act/250d-provisions-on-vacation-and-sick-leave
RHODE ISLAND	x	https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave			6 weeks/year	https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT	x	https://labor.vermont.gov/sites/labor/files/doc_library/Earned%20Sick%20Time%20FAQ%20modified.pdf
VIRGINIA
WASHINGTON	x	https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/			12 weeks/year	https://paidleave.wa.gov/find-out-how-paid-leave-works/	12 weeks/year	https://paidleave.wa.gov/find-out-how-paid-leave-works/
WEST VIRGINIA
WISCONSIN
WYOMING
GUAM
LAST UPDATED	1/2024		1/2024		1/2024		1/2024

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Vacation Leave

Currently, there are no federal or state laws that require employers to provide paid vacation time. As a result, employers can create their own policies related to vacation time. This chart identifies state laws that address an employer's ability to limit an employee's accrued vacation leave, implement dates that an employee must use vacation time or lose it (“use-it-or-lose-it” policies), and if they must pay earned, unused vacation time to an employee when separated from employment. Typically, absent a law addressing these matters, an employer can set their own policies.

State	Law on Capping Accrued Leave	Accrued Leave Law Link	Law on "Use-it-or-lost-it" Policies	"Use-it-or-lost-it" Law Link	Payment of Accrued Vacation Leave at End of Employment	Accrued vacation Link
ALABAMA					Dictated by the employment agreement or the employer’s policy
ALASKA					Dictated by the employment agreement or the employer’s policy	https://labor.alaska.gov/lss/whfaq.htm
ARIZONA					Dictated by the employment agreement or the employer’s policy	https://www.azleg.gov/viewdocument/?docName=https%3A%2F%2Fwww.azleg.gov%2Fars%2F23%2F00350.htm; https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/23/00353.htm#:~:text=When%20an%20employee%20quits%20the,shall%20be%20paid%20by%20mail
ARKANSAS					Dictated by the employment agreement or the employer’s policy	Arkansas Code Section 11-4-405
CALIFORNIA	Employers can place a cap on the amount of vacation time an individual can accrue.	https://www.dir.ca.gov/dlse/faq_vacation.htm	Employers cannot have a "use-it-or-lose it" policy.	https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=227.3.	Employers must pay earned, unused vacation leave, regardless of the reason for separation. A collective bargaining agreement saying otherwise must be followed.	https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=227.3.
COLORADO	Employers can place a cap on the amount of vacation time an individual can accrue.	https://cdle.colorado.gov/wage-and-hour-law/vacation	Employers cannot have a "use-it-or-lose it" policy.	https://cdle.colorado.gov/wage-and-hour-law/vacation	Employers must pay earned, unused vacation leave, regardless of the reason for separation.	https://cdle.colorado.gov/sites/cdle/files/Colorado%20Wage%20Act%20Revised%201.1.2023.pdf
CONNECTICUT					Employers must follow the terms of their policy or employment agreement related to the employee's accrued, unused vacation time and other fringe benefits as wages, but cannot pay less than the earned average rate for the accrual period. This law is enforced by the Connecticut Department of Labor.	https://www.cga.ct.gov/current/pub/chap_558.htm#sec_31-76k
DELAWARE					Employers do not have to pay earned vacation if the employer's policy is silent on paying earned, unused vacation leave. Employers must follow the terms of their policies to pay for earned, unused vacation leave.	https://delcode.delaware.gov/title19/c011/index.html
*DISTRICT OF COLUMBIA	An employer may only cap the amount of vacation leave an employee may accrue if the employee has knowingly agreed to the policy or a contract that implements the cap.	NRA v. Ailes, 428 A.2d 816 (D.C. App. 1981).			Employers must pay earned vacation time, unless there is an agreement stating the employer will not pay earned vacation time.	https://does.dc.gov/sites/default/files/dc/sites/does/page_content/attachments/FAQs%20for%20OWH-Final.pdf
FLORIDA					Dictated by the employment agreement or the employer’s policy
GEORGIA					Dictated by the employment agreement or the employer’s policy
HAWAII					Employers are not required to pay out unused vacation time upon separation from employment unless there is an express agreement or uniform custom to do so.
IDAHO					Employers must pay accrued vacation to an employee if the employer's policy or contract requires it.	https://casetext.com/case/ferguson-v-city-of-orofino
ILLINOIS			Employers can have a "use-it-or-lose-it" policy, but must permit employees a reasonable opportunity to use the leave.	https://www.ilga.gov/commission/jcar/admincode/056/056003000B05200R.html	Employers must pay all earned vacation. Employers cannot maintain a policy or employment contract requiring that employees give up accrued vacation upon separation from employment for any reason. The only exception to this rule is if a collective bargaining agreement says otherwise.	https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68
INDIANA	Employers can place a cap on the amount of vacation time an individual can accrue.	https://kb.dol.in.gov/			Employers must pay accrued vacation to an employee if the employer's policy or contract requires it.	https://kb.dol.in.gov/
IOWA					Dictated by the employment agreement or the employer’s policy	https://law.justia.com/codes/iowa/2021/title-iii/chapter-91a/section-91a-4/?current=1
KANSAS					Employers can restrict payment of vacation benefits in their vacation policy.	https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs
KENTUCKY					If employers have a policy of vested vacation pay, they must pay vacation pay if the employee is terminated or leaves voluntarily. Employers are not required to pay employees for vacation pay that has not been earned as defined by their vacation policy.	https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32050
LOUISIANA			Employers can have a "use-it-or-lose-it" policy at the end of the year as long as the policy is clear and employees have the opportunity to use it	https://casetext.com/case/wyatt-v-avoyelles-parish-school-bd	Employers cannot refuse to pay earned vacation time, regardless of the reason for separation.	https://www.legis.la.gov/legis/Law.aspx?d=83945
MAINE			Employers can have a "use-it-or-lose-it" policy at the end of the year as long as the policy is clear and employees have the opportunity to use it	https://casetext.com/case/gibson-v-power-maintenance-international	Employers must pay earned, unused vacation leave, regardless of the reason for separation. A collective bargaining agreement saying otherwise must be followed.	https://law.justia.com/codes/maine/2021/title-26/chapter-7/subchapter-2/section-626/?current=1
MARYLAND					If an employer provides paid vacation leave and the policy or contract is silent on payment after termination, the employer is required to pay an employee their unused, earned vacation leave.	https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gle§ion=3-505&enactments=false
MASSACHUSETTS	Employers can place a cap on the amount of vacation time an individual can accrue.	https://www.mass.gov/doc/attorney-generals-advisory-on-vacation-policies/download#:~:text=An%20acceptable%20variation%20of%20an,all%20or%20part%20of%20it.	An employer can have a "use-it-or-lose-it" policy, but must permit employees a reasonable opportunity to use the leave.	https://www.mass.gov/doc/attorney-generals-advisory-on-vacation-policies/download#:~:text=An%20acceptable%20variation%20of%20an,all%20or%20part%20of%20it.	Employers must pay earned leave, regardless of the reason for separation. Employers cannot enforce a vacation leave policy where an employee gives up their earned vacation on separation.	https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter41/Section111E
MICHIGAN					Employers must pay fringe benefits according to the terms of their written contract or policy and cannot withhold any payments due at an employee's termination unless the employee agrees in writing of his own free will	http://www.legislature.mi.gov/(S(2tutiumtjnnqd1tdllozsyep))/mileg.aspx?page=getobject&objectname=mcl-408-474
MINNESOTA					The employer's policy determines what vacation pay is due.	https://www.revisor.mn.gov/statutes/cite/181.74
MISSISSIPPI
MISSOURI
MONTANA	Employers can place a cap on the amount of vacation time an individual can accrue.	https://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/wage-and-hour-faq	Eployers are not allowed to implement a "use-it-or-lose-it" policy for earned vacation time.	https://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/wage-and-hour-faq	Employers must pay earned vacation leave, regardless of the reason for separation. Once an employee earns vacation leave, it cannot be forfeited for any reason.	https://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/wage-and-hour-faq
NEBRASKA	Employers can place a cap on the amount of vacation time an individual can accrue.	https://nebraskalegislature.gov/laws/statutes.php?statute=48-1229	Employers are not allowed to implement a "use-it-or-lose-it" policy for earned vacation time.	https://casetext.com/case/fisher-v-payflex-sys-usa	Employers can require employees to meet certain requirements before they can earn vacation leave. Once employees earn vacation, employers cannot deny payment for the vacation leave on separation.	https://nebraskalegislature.gov/laws/statutes.php?statute=48-1229
NEVADA	The law doesn’t expressly allow employers to cap the amount of paid leave an employee may accrue, but it allows them to cap an employee’s use of paid leave at 40 hours in a benefit year.	https://law.justia.com/codes/nevada/2021/chapter-608/statute-608-0197/?current=1	Use-it-or-lose-it policies are allowed for vacation leave, provided that this leave is granted through an employer's own paid time off policy and not the paid time off accrued under state law	https://law.justia.com/codes/nevada/2021/chapter-608/statute-608-0197/?current=1	Employers must pay earned, unused vacation leave, regardless of the reason for separation. A collective bargaining agreement saying otherwise must be followed.	https://law.justia.com/codes/nevada/2021/chapter-608/statute-608-0197/?current=1
NEW HAMPSHIRE					If an employer's policy does not specify whether an employee must be paid for earned vacation, the employer generally must pay the employee for this time when the employee separates from employment.	https://www.nh.gov/labor/documents/news-lab800-6-7-2016.pdf
NEW JERSEY
NEW MEXICO
NEW YORK	An employer may cap the amount of vacation leave an employee may accrue over time, so long as employees are given prior notice of the policy	https://scholar.google.com/scholar_case?case=1291739856191939120&q=70+AD2d+283&hl=en&as_sdt=6,45	Employers can have a "use-it-or-lose-it" policy, but the employer must notify the employee in writing or by posting it in an accesible area.	https://www.nysenate.gov/legislation/laws/LAB/195	Employers are required to pay accrued vacation to an employee if their policy or contract requires it or if it is silent on the matter.	https://dol.ny.gov/wages-and-hours-frequently-asked-questions
NORTH CAROLINA	Employers can cap the amount of vacation time an individual can accrue. Must specify this in their vacation policy.	http://reports.oah.state.nc.us/ncac/title%2013%20-%20labor/chapter%2012%20-%20wage%20and%20hour/13%20ncac%2012%20.0306.html	Employers can have a "use-it-or-lose-it" policy, but it must be written in their vacation policy.	http://reports.oah.state.nc.us/ncac/title%2013%20-%20labor/chapter%2012%20-%20wage%20and%20hour/13%20ncac%2012%20.0306.html	Employers are required to pay accrued vacation to an employee if its policy or contract requires it or if the contract is silent on the matter.	https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-25.12.html
NORTH DAKOTA			Employers can have a "use-it-or-lose-it" policy but it must be written in their vacation policy.	https://www.ndlegis.gov/information/acdata/pdf/46-02-07.pdf	Employers are required to pay accrued vacation leave. If an employee voluntarily resigns, paying earned vacation leave is not required if: (1) the employee was provided with written notice when hired; (2) the employee has been working for the employer for less than a year; (3) and, the employee gave the employer less than five days notice of resignation.	https://www.ndlegis.gov/information/acdata/pdf/46-02-07.pdf
OHIO			Employers can have a "use-it-or-lose-it" policy but it must be written in their vacation policy.	https://law.justia.com/cases/ohio/eleventh-district-court-of-appeals/2011/2011-ohio-3752.html	An employer's policy determines whether earned, unused vacation is paid on termination.	https://casetext.com/case/winters-jones-v-fifth-third-bank
OKLAHOMA					Employers are required to provide vacation pay if its contract or policy specifically requires it.	https://oklahomarules.blob.core.windows.net/titlepdf/Title_380.pdf
OREGON					Accrued vacation time must be included in an employee’s final wages if the employment policy is open to interpretation	https://www.oregonlegislature.gov/bills_laws/ors/ors652.html
PENNSYLVANIA					Dictated by the employment agreement or the employer’s policy	https://www.legis.state.pa.us/CFDOCS/LEGIS/LI/uconsCheck.cfm?txtType=HTM&yr=1961&sessInd=0&smthLwInd=0&act=0329.&CFID=341800948&CFTOKEN=51581063
RHODE ISLAND					Employers must pay earned vacation time if an employee has been employed for at least a year. Prior to a year, employers can require employees meet requirements in order to receive earned, unused vacation leave on separation.	http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-14/28-14-4.htm#:~:text=(b)%20Whenever%20an%20employee%20separates,and%20employee%20shall%20become%20wages
SOUTH CAROLINA					An employer's policy determines whether earned, unused vacation is paid on termination	https://llr.sc.gov/wage/faq.aspx
SOUTH DAKOTA
TENNESSEE					If an employer's policy provides for paid vacation leave, they must follow their terms of the policy regarding payment of earned, unused vacation on termination.	https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=dab74c23-8cd2-48a0-a576-f32547ff36db&nodeid=ABYAACAABAAD&nodepath=%2FROOT%2FABY%2FABYAAC%2FABYAACAAB%2FABYAACAABAAD&level=4&haschildren=&populated=false&title=50-2-103.+Payment+of+employees+in+private+employments.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8M-1710-R03K-P262-00008-00&ecomp=8gf5kkk&prid=7c7ebf09-1520-4142-820e-5c35272c2a8e
TEXAS					Employers can limit the pay out for vacation leave upon separation. However, employers must follow the terms of their policies.	https://statutes.capitol.texas.gov/Docs/LA/htm/LA.61.htm
UTAH					Employers must pay for earned, unused vacation leave if the employee qualifies under the terms of the policy.	https://rules.utah.gov/wp-content/uploads/R610-003.pdf
VERMONT					If employers have written policies related to vacation, they must follow those policies.	https://labor.vermont.gov/sites/labor/files/doc_library/WH-13-Wage-and-Hour-Laws-2009.pdf
VIRGINIA
WASHINGTON
WEST VIRGINIA			employer may have a policy that it does not pay employees for accrued but unused vacation leave upon separation from employment but only if the policy is clearly stated in established policy or employment contract	https://scholar.google.com/scholar_case?case=8684627187819056672&q=530+S.E.2d+676&hl=en&as_sdt=6,45	Employers must pay for earned, unused vacation leave unless a clear policy or employment agreement provides otherwise	https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/Fact%20Sheet/WPCA%20FACT%20SHEET%206%20-%20FINAL%20WAGES%20AFTER%20REVIEW.pdf
WISCONSIN					Employers must pay for earned, unused vacation leave unless a clear policy or employment agreement provides otherwise	https://law.justia.com/codes/wisconsin/2021/chapter-109/section-109-01/?current=1
WYOMING			employer may have a policy that it does not pay employees for accrued but unused vacation leave upon separation from employment but only if the employee has acknowledged the employer’s forfeiture policy in writing	https://wyoleg.gov/statutes/compress/title27.pdf	Employers must pay earned, unused vacation leave out based on their terms of their policy.	https://dws.wyo.gov/dws-division/labor-standards/frequently-asked-questions/
Last updated	2/29/24		2/29/24		2/29/24

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Bereavement Leave Laws

State	Has a state bereavement leave law	State Bereavement Leave Law Link	Employer/Employee Eligibility Requirements	Family Members Allowed for Bereavement Leave	Number of Days Allowed Off	Is the leave paid?	When can you take leave?
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA	x	https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1949	Employer must have 5 or more employeesEmployee must have been employed for at least 30 days prior to leave	Death of spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law or a reproductive loss (miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction)	Up to 5 days	Unpaid, but you can use accrued paid time off	Leave can be used consecutively or intermittently within 3 months of the death
COLORADO
CONNECTICUT
DELAWARE
*DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS	x	https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=102-1050	Employer must have 50 or more employeesEmployee must have worked for employer for at least 12 monthsEmployee must have worked for employer for at least 1,250 work hours during the previous 12-month period	Death of child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent	Up to 10 workdays	Unpaid	Leave must be completed with 60 days after the employee is notified of the death
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND	x	https://mgaleg.maryland.gov/2021RS/chapters_noln/Ch_573_hb0056T.pdf	Employer must have 15 or more employees	Death of child under 18, child over 18 who is incapable of self-care, spouse, or parent (including stepparent)		This law requires employers to allow employees to use accrued time off for bereavement purposes
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON	X	https://www.oregonlegislature.gov/bills_laws/ors/ors659a.html#:~:text=659A.150%20Definitions%20for%20ORS%20659A.150%20to%20659A.186.	Employer must have 25 or more employeesEmployee must have worked, on average, 25 hours per week for 180 days	Death of spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or any individual related by blood or affinity whose close association is equivalent to a family relationship	Up to 2 weeks	Unpaid, but you can use accrued paid time off	Must complete leave within 60 days of notification of the death
PENNSYLVANIA
*PUERTO RICO
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON	x	https://app.leg.wa.gov/RCW/default.aspx?cite=50A.05.010	Almost all employers qualify Employee must have worked a minimum of 820 hours in Washington over the last year (can be from one job or combined from multiple jobs)	Death of child if employee would have qualified for medical leave due to the birth of their child or for family leave	7 days	Paid	During the 7 days following the death
WEST VIRGINIA
WISCONSIN
WYOMING
GUAM
LAST UPDATED	12/19/2023

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