Sick pay refers to the compensation an employee receives from their employer while taking time off work for their health needs, whether they’re ill, injured, or have a dentist or doctor appointment to attend. In addition, some employers also compensate you with sick pay when you take time off to care for an immediate family member.

Currently, there is no federal legal requirement mandating that employers provide sick pay, meaning sick pay policies vary widely across the US. Some employers may permit employees to take time off for health reasons, but without pay.

However, 93% of state and local government employees, 82% of civilian employees, and 80% of private-sector employees have access to sick pay as a workplace benefit. This is because it can attract top talent, increase employee retention, and boost well-being and productivity. It ensures that employees can address their own health needs (and, in some cases, those of their immediate family members) without facing financial hardship.

How Many Days Of Sick Pay Could I Have?

If sick pay is available to an employee, the number of days allowed and the regulations will be outlined in their employment contract. Some employers outline a set number of paid sick days per year, while others combine sick leave with vacation days, personal days, and public holidays in their Paid Time Off (PTO) policy.

In most cases, employees accrue sick pay. They will earn one hour of paid sick leave for every 30 hours they work. However, employers do have the option to provide a year’s worth of leave up front based on the expected number of hours an employee will work, rather than requiring them to accrue it.

On average, civilian employees receive eight days of sick pay per year, private-sector employees receive seven days, and state and local government employees receive 11 days after one year and 12 days after five years.

Sick Pay vs FMLA

The Family Medical Leave Act (FMLA) is a federal law that requires eligible employers in the US to grant their employees up to 12 weeks of unpaid leave per year for family and medical reasons that meet the requirements, including the birth or adoption of a child and receiving treatment for a serious health condition. 

Here’s how paid sick leave differs from FMLA leave:

  • Compensation: Sick leave is paid (if an employer offers sick pay), whilst FMLA-protected leave is unpaid. However, some employers may allow eligible employees to use their unused PTO during their FMLA-protected leave period, meaning they receive some compensation while taking time off from work. In addition, the states of California, New Jersey, Rhode Island, and New York offer paid FMLA leave. 
  • Law: Sick pay is not a federal law. Some states and local governments require employers to provide sick pay, but others leave it up to the employer’s discretion. In contrast, FMLA-protected leave is a federal law that applies to public agencies and private employers with 50 or more employees. 
  • Duration: Employees often receive sick pay when they have a day or a couple of days off, as sick pay is limited. Employees are able to take up to 12 weeks of FMLA-protected leave per year, and in some cases, up to 26 weeks per year for military caregiver leave.
  • Reasons: The law outlines a set of qualifying reasons for taking FMLA-protected leave, which include family and serious medical reasons. Employees can receive sick pay for most medical needs, including recovering from a cold or food poisoning and attending a dentist appointment.

FMLA-protected leave guarantees that an employee will return to their role or a similar role with the same compensation after taking time off.