Earned Sick Time Act Amended! The More Manageable Law Takes Immediate Effect for Most, but Employers Have 30 Days to Draft Policies

Earned Sick Time Act, Original Version

2025 Amended Act

Increments of Use

Payroll increment or 1 hour, whichever is less

1 hour

Small Employer Definition

Less than 10 employees

10 or fewer 

Provides delayed compliance date of October 1, 2025

Employees Exempt

Employees of the Federal Government

1. Employees of the Federal Government

2. Independent Contractors

3. Unpaid trainees and interns

4. Minors

5. Seasonal (not expressly excluded but Act does not mandate use within the first 120 days of employment)

When Accrual Begins

2/21/25

2/21/25

When Employers Must Give Written Notice & Display Poster

2/21/25

30 days from Amendment

Frontload Allowed

Silent

Expressly permits  

Pro-rating hours for part-time is allowed 

Benefits of frontloading include:

1. No carryover required;

2. Not required to calculate and track accrual; and

3. Not required to pay employee the earned sick time at end of the year

Carryover/Usage Requirements

All unused earned sick time carries over from year to year; however, an employer is not required to permit an employee to use more than the annual allowed maximum time (paid or unpaid) in a 12-month period.

If frontloaded, no carryover requirement

If accrued, up to 72 hours

(40 hours for small businesses)

Definition of Family Member

Included any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Removes “or affinity whose close association with the employee is the equivalent of a family relationship”

Remedies

Filing Administrative Complaint

or

Private Right of Action

Administrative Claims (civil fine of 8 times the employee’s hourly wage if Act is violated)

Eliminates Private Right of Action

Eliminates rebuttable presumption against the employer

Claim Period

Not later than 3 years after alleged violation

Not later than 3 years after alleged violation

Wage Rate

LEO interpreted this to be regular rate of pay (Act stated “normal hourly wage”)

Base wage

Does not include overtime, bonuses, tips, commissions

Payment of Unused Accrued Time at Termination

Not Required

Not Required

Requirement to create separate bank of time

None

None

Notification Requirements

Foreseeable – 7 days

Unforeseeable – as soon as practicable

Foreseeable – 7 days

Unforeseeable – as soon as practicable OR in accordance with the employer’s written policy

Documentation Requirements

Provide documentation within a reasonable time

Provide requested documentation within 15 days

Notice and Posting Requirements

2/21/25

30 days from Amendment

Waiting Period for New Employees

90 days after commencing employment to use accrued earned sick time

120 days after commencing employment to use accrued earned sick time

Collective Bargaining Agreement

LEO interpreted this to not impact existing CBAs if it addresses sick time

Does not impact existing CBAs (for a maximum of 3 years); exemption for multi-employer plans