Tag: time off

Posted on

Jury duty laws in every US state (2025)

Astronaut on the witness stand

Summary: 

  • Federal law doesn’t require employers to provide employees leave, compensation, or benefits for jury duty-related absences. It is up to states and employers to determine these rules. 

  • There are 10 states (plus the District of Columbia) that require employers to pay employees serving mandatory jury duty.

  • 17 states explicitly prohibit employers from requiring employees to use paid vacation or any other personal leave due to jury duty obligations.

While jury duty is legally required for those selected, most US citizens view it as not just a responsibility but also as an important civic function. According to Bar Prep Hero’s recent study, 60.2% believe jury duty should be mandatory for all citizens.

Some would rather avoid it if possible. Bar Prep Hero’s survey found that 9.2% admitted that they lied during jury selection in order to get out of jury duty. The biggest reason people want to avoid jury duty is that they see it as a financial inconvenience. 

When employees have to attend court for jury duty, they are unable to go to work for as long as the trial lasts. And even though employees are required by law to fulfill their jury duty if summoned, employers in a majority of states are not obligated to compensate them for working hours missed as a result of jury duty. 

Are you, as an employer, obligated to compensate or grant additional PTO to staff on jury leave? If you’re not sure, we’ve made a complete guide of jury duty laws by state to help you understand your legal obligations. 

How does jury duty work? 

Jury duty is not only a legal obligation but also an opportunity for American citizens to participate in their country’s judicial process firsthand. 

The jury selection process differs slightly depending on the jurisdiction, but it most commonly includes the following steps:

  • Summoning potential jurors: Potential jurors are randomly selected from a pool of eligible individuals. This pool is usually compiled from voter registration lists, driver’s license records, or other sources, depending on the jurisdiction.
  • Questionnaires: Potential jurors must complete questionnaires, answering basic questions about their occupation, educational background, and any potential biases or conflicts of interest. Diversity is an important factor when selecting juries. 
  • Jury panel selection: A group of potential jurors is called to the courtroom, and they are seated in the jury box. The judge and attorneys question potential jurors to determine their suitability for the case. The purpose is to identify any biases, prejudices, or personal experiences that could impact their ability to be impartial.

The judge and attorneys then select the final jurors who will serve on the jury for the trial. Their duty is to follow the trial proceedings — to listen to the evidence presented, witness testimonies, and arguments from both sides. Their duty is complete once the jury deliberates together and reaches a verdict based on the evidence and instructions provided by the judge.

While the length of your jury duty depends on the complexity of the trial, the Commonwealth of Massachusetts claims that most people finish their jury duty in a matter of one to three days in that state. Once a person has served jury duty, they will not be required to do so again for at least another three years. 

What federal laws say about employer responsibilities regarding jury duty 

According to the Fair Labor Standards Act (FLSA), federal law doesn’t require employers to provide employees paid leave for jury duty or with compensation or benefits. 

However, state laws are a different matter. Some states require employers to pay an employee while they are serving jury duty. Many have laws protecting employees from being fired or penalized while serving jury duty. Several have laws requiring employers to allow employees to use their paid time off (PTO) if they wish to do so for jury service. 

Employers also have the ability to create their own jury duty policies for employees. For example, employers in states that don’t require them to compensate employees for jury duty could create their own policy that does offer compensation in order to stand out from competitors in terms of employee benefits. 

Jury duty laws by state

Most employees don’t know what the laws regarding jury duty are in their state. That’s why it’s important for human resources (HR) professionals to have a full understanding of their legal requirements regarding jury duty leave, as well as their company’s specific policies if any exist. 

A total of 10 states (plus the District of Columbia) require employers to pay employees who are called to serve mandatory jury duty:

  1. Alabama
  2. Colorado
  3. Connecticut
  4. Florida (Broward County and Miami-Dade County) 
  5. Georgia
  6. Louisiana
  7. Massachusetts 
  8. Nebraska
  9. New York
  10. Tennessee 

There are also 17 states that explicitly prohibit employers from requiring employees to use any personal leave to fulfill their jury duty obligations.

  1. Alabama
  2. Arizona
  3. Arkansas
  4. Indiana
  5. Louisiana
  6. Massachusetts
  7. Mississippi 
  8. Missouri
  9. Nebraska
  10. Nevada
  11. New Mexico
  12. New York
  13. Ohio
  14. Oklahoma
  15. Oregon
  16. Utah 
  17. Virginia

Even though not every state mandates that employees be paid when serving jury duty, every state has laws against employers discharging or penalizing employers for serving jury duty — or threatening to do so. 

For quick reference, check this table to see if your state mandates employers to pay for employee jury duty absences and if employees are required by law to use personal time off for jury duty. 

State Are employers mandated to pay for jury duty absences? Are employers prohibited from requiring staff to use PTO for jury duty?
Alabama Yes Yes
Alaska No No
Arizona No Yes
Arkansas No Yes
California No No
Colorado Yes No
Connecticut Yes No
Delaware No No
D.C.  Yes for jury service carried out by full-time employees for five days or less, minus the fee received for jury service. Employers with less than 10 staff are not required to pay compensation for employees who serve as jurors. No
Florida Yes in certain countiesIn Broward, employers must provide compensation to full-time employees for up to five days of jury service. In Miami-Dade, employees are entitled to pay when specific conditions are met. No
Georgia Yes No
Hawaii No No
Idaho No No
Illinois No No
Indiana No Yes
Iowa No No
Kansas No No
Kentucky No No
Louisiana Yes, but only up to a single day of service.  Yes
Maine No No
Maryland No No
Massachusetts  Yes, but only for the first three days of jury duty.  Yes
Michigan  No No
Minnesota No No
Mississippi No Yes
Missouri No Yes
Montana No No
Nebraska Yes, but their pay may be reduced by the fees paid by the court. Yes
Nevada No Yes
New Hampshire No No
New Jersey  No No
New Mexico No Yes
New York Yes Yes
North Carolina No No
North Dakota No No
Ohio No Yes
Oklahoma No Yes
Oregon No Yes
Pennsylvania No Yes
Rhode Island No, unless required by contract or collective bargaining agreement. No
South Carolina No No
South Dakota No No
Tennessee Yes  No
Texas No No
Utah No Yes
Vermont No No
Virginia No Yes
Washington No No
West Virginia No No
Wisconsin No No
Wyoming No No

Here’s a more in-depth look at some states that have more specific jury duty laws:

Alabama

Alabama state law requires employers to grant paid leave for jury duty to full-time employees. To be eligible for paid leave, the employee must show their employer the jury summons on the next workday after receiving it. 

If a company has five or fewer full-time employees, only one employee can serve jury duty at a time. The court will automatically postpone or reschedule jury duty if a second employee is summoned during the same time. 

Colorado

Colorado laws require employers to pay employees up to $50 per day for the first three trial days of jury duty unless the employer has a policy in which they are obligated to pay more. This law includes not just full-time salaried employees but also part-time, temporary, and casual employees. 

Connecticut

Connecticut laws stipulate that employers must pay full-time employees regular wages for the first five days of jury service. The only way employers can be excused from paying is by submitting an application to the Chief Court Administrator with proof of sufficient financial hardship. 

District of Columbia 

District of Columbia laws require employers to provide employees with leave to serve jury duty. However, the laws don’t require employers to offer paid leave.

Florida

There is no state law in Florida that requires employers to pay employees for jury duty. However, there are several county ordinances that do. In Broward County, employees must be paid a regular salary for up to five days of jury duty-related leave, provided that the employee gives a copy of the summons to their immediate supervisor at least five days before the first day of scheduled jury duty. 

In Miami-Dade County, employers must pay employees for jury service if: 

  • The employee has a regularly scheduled workweek of at least 35 hours.
  • The employee provides a copy of the summons at least five working days prior. 
  • The employee is serving their jury duty in Miami-Dade County.
  • The employer has 10 or more full-time employees.
  • The employer has offices or does business in Miami-Dade County.

Georgia

Even though Georgia laws do not require employers to offer paid leave for jury service, the Attorney General issued an opinion in 1989 interpreting a statute as requiring employers to pay employees for jury service leave. 

Massachusetts

In Massachusetts, employers must pay employees at the regular rate for the first three days of jury duty. This includes part-time, temporary, and casual employees.

Nevada

In Nevada, employers are not required to pay any wages for time spent serving on a jury. However, they can’t require staff to work within eight hours of the time they’re supposed to serve. 

Also, on the day of jury duty, employees can’t be required to work between 5:00 p.m. and 3:00 a.m.

New York

According to New York State laws, employers with ten or more employees must pay the first $40 of the employee’s regular daily wages for the first three days of jury duty. 

Oregon

In Oregon, it’s common for employers to have internal policies that mandate regular pay for employees on jury duty; however, it is not legally required by the state. Employers are, however, prohibited from requiring staff to take personal leave for jury duty service. 

Tennessee

Tennessee laws mandate that employers who have five or more employees must pay for time spent serving jury duty as long as the employee has been with the company for at least six months. 

Create your own jury duty policies

All employers have the ability to create their own jury duty compensation policies regardless of what state laws mandate.

If you’re looking to develop your own employer policy, here are a few key areas to consider: 

  • Legal obligations: Familiarize yourself with the state laws and regulations pertaining to jury duty. Understand the rights of employees and any legal obligations you have as an employer to accommodate them.
  • Criteria to qualify: Establish a process to verify employee eligibility for jury duty. Typically, employees may be required to provide a copy of their jury duty summons or a letter from the court confirming their selection. 
  • Leave policies: Outline the specific time-off policies for employees serving on jury duty very clearly. For example, if you give them paid days off, determine whether jury duty days count against their PTO total. 
  • Compensation: Decide how you will handle compensation. Determine whether employees will continue to receive their regular salary or another fixed amount per day. 

Once created, focus on clearly communicating your policy to employees. Ensure they understand their rights and responsibilities related to jury duty and how the company will support them during their absence.

Consider expressing support and encouragement to employees who are serving on juries. Acknowledging the importance of their participation in the legal system will help foster a positive work environment that values civic engagement.

Manage jury duty absences easily with Workforce.com

Once you have developed your jury duty policy, it’s important to maintain accurate records of employees’ jury duty absences, leave taken, and any related compensation or benefits provided to help ensure compliance with legal requirements and facilitate fair treatment across the company.

Contact us today to learn how Workforce.com can help you easily comply with your state’s jury duty leave policies.

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, labor laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to comply with the most current standards.

Posted on

Paid Sick Leave Laws: State by State (2025)

Summary

  • There is no federally mandated paid sick leave law. 

  • The Family and Medical Leave Act (FMLA) may allow eligible employees to take up to 12 weeks of unpaid leave for certain health-related situations.

  • More than 20 states have implemented their own paid sick leave laws – see them here 

Paid sick leave refers to time off that workers can use if they are sick, injured, or require medical care. It can also be used when an employee needs to attend to a family member or loved one for medical reasons, including elder care or child care. Paid sick time also covers mental health and preventative care.

Some sick leave policies also cover leave when an employee or their loved one is a victim of sexual assault or domestic violence.

Different countries around the world have varying laws and policies surrounding paid sick leave, including the number of days allocated to an employee every calendar year, whether they can carry over an accrual of unused sick leave, and differences in entitlement between full-time and part-time workers. 

What federal law says about paid sick leave

The United States is the only nation with an advanced economy that does not offer its workers federally mandated paid sick leave. 

Although there are no requirements for regular paid leave at the federal level, there are rules that allow employees to take unpaid leave under certain circumstances. The Family and Medical Leave Act (FMLA) states that eligible employees can take up to 12 weeks of unpaid leave. This is used for “certain medical situations for either the employee or a member of the employee’s immediate family.”

Eligible employees are those who have worked with their current employer for at least a year and have done a minimum of 1,250 hours of work in the last 12 months. 

But that doesn’t mean Americans go without any sick leave benefits. According to the Bureau of Labor Statistics, 79% of US workers in the private sector had access to paid sick leave in March 2022. This figure varies depending on the industry, and, in fact, 54% of people working in the leisure and hospitality sector have paid sick time.  

As an employer or HR executive, you must first be aware if your state requires you to offer paid sick leave and under what conditions. If you’re not bound by law, sick leave is still something worth considering for the sake of your employees’ physical and mental well-being. 

Paid sick leave laws by state

Research shows that an average person works 10.5 days in a year while not feeling well and 47% said that they’d “power through” instead of taking a sick day.

This has led some states to implement their own sick time laws. Companies that fall outside of those states also have the option to implement their own policies. 

There are currently 22 states, including Washington D.C., that have paid sick time laws. Click on your state to get a brief overview of what you need to know:

Alaska

Arizona

California

Colorado

Connecticut

Maine

Maryland

Massachusetts

Michigan

Minnesota

Missouri

Nevada

Nebraska

New Jersey

New Mexico

New York

Oregon

Rhode Island

Vermont

Virginia

Washington

Washington D.C.

Alaska

Starting July 1, 2025, Alaska’s paid sick leave law will take effect.

Employers with 15 or more employees: One hour of paid sick leave for every 30 hours worked. However, employees are only allowed to use 56 or less hours in paid sick leave per year, unless the employer sets a higher limit. Employees with fewer than 15 employees can limit annual sick leave usage to 40 hours.

Arizona

Every employer, regardless of size or industry, must offer paid sick time to employees. Accrual rates are as follows:

  • Employers with 15 or more employees: One hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 40 hours of earned paid sick time per year unless a higher limit is set.
  • Employers with less than 15 employees: Minimum of one hour of earned paid sick time for every 30 hours worked. Employees are not entitled to accrue or use more than 24 hours of earned paid sick time per year unless a higher limit is set.

 California

Employers are required to provide most employees with at least 40 hours or five days of PSL (Paid Sick Leave) per year. Eligible employees include full-time, part-time, and temporary workers who meet the following criteria:

  • The employee works for the same employer for a minimum of 30 days within a year.
  • 90 days of employment have elapsed before they use any paid sick leave. 

Employers can offer sick leave in one lump sum at the beginning of the year or set up an accrual plan where an employee must earn at least one hour for every 30 hours worked.

Colorado

All employers are required to provide one hour of paid sick leave for every 30 hours worked, capped at 48 hours per year. 

Sick leave may be used for any of the following:

  • Mental or physical illness or injury
  • Bereavement or death of a family member
  • Absences due to domestic abuse or sexual assault
  • Need for a medical diagnosis, treatment, or preventative care
  • The care of a family member for any of the reasons listed above
  • Evacuation or care for a family whose school or place of care was closed due to an unexpected event such as inclement weather and power/heat/water loss.

Connecticut

Effective January 1, 2025, employers with 35 or more employees must provide one hour of paid sick leave for every 30 hours worked. The employees can accumulate a maximum of 40 hours each year. 

Employers choose the 365-day period by which paid sick leaves will be calculated. For instance, it could be based on the calendar year or an employee’s work anniversary. 

Employees can carry over up to 40 hours of unused paid sick leave to the next year.

Maine

Employers with 10 or more employees must provide one hour of paid leave for every 40 hours worked, maxing out at 40 hours in a year. Workers can only use their leave after they have worked a minimum of 120 days. 

Maine’s paid leave law is unique in that it is not limited to sick time – employees can use their accrued leave for any reason, including emergency, illness, sudden necessity, planned vacation, etc.

Maryland

Employees are entitled to one hour of paid sick leave for every 30 hours worked, up to 40 hours every year. They are not allowed to use sick leave within their first 106 days of employment. 

  • 14 or fewer employees: sick leave is unpaid
  • 15 or more employees: sick leave is paid

Massachusetts

Most employees earn up to 40 hours of sick time per year. They must earn at least one hour for every 30 hours worked. 

  • 11 or more employees: sick leave is paid
  • Under 11 employees: sick leave is unpaid

Government employees and students who work for their college or university do not qualify for earned sick time. 

Michigan

According to the Earned Sick Time Act, small business employees shall get one hour of earned sick time for every 30 hours worked and can use up to 40 hours of paid earned sick time in a calendar year unless the employer sets a higher limit. 

In Michigan, an organization is considered a small business if:

  • It has 9 or fewer employees at a time. 
  • Or in the current or previous calendar year, they had 10 or more employees for no more than 19 workweeks. 
  • They have had 10 or more employees for less than 20 workweeks in a year. Once they exceed 20 workweeks with 10+ employees, they lose small business status for the rest of the year and the following year. After that, they can regain it if they meet the criteria again.

All other employers must provide a minimum of one hour paid earned sick time for every 30 hours worked. Employees can use a maximum of 72 hours paid earned sick time annually unless there’s a higher limit imposed by the employer. 

Minnesota

According to the Earned Sick and Safe Time (ESST), employees earn one hour of sick and safe time for every 30 hours work and can accrue a maximum of 48 hours each year unless the employer sets a higher limit. 

Minnesota employees who are anticipated to work at least 80 hours and are not an independent contractor are eligible for this paid leave. 

Missouri

Unless there are legal challenges, Missouri’s paid sick leave law will take effect on May 1, 2025.

Eligible employees will earn one hour of paid sick time for every 30 hours they work.

Employers with 15 or more employees can cap annual paid sick time at 56 hours. For smaller employers, the cap is 40 hours per year.

Some workers are exempt from the law, including those in educational, charitable, religious, or nonprofit roles; employees who act as foster parents (in loco parentis); employees in retail or service businesses with less than $500,000 in annual gross sales; and incarcerated individuals.

Nebraska

Nebraska’s paid sick leave law will take effect on October 1, 2025. 

Employers must offer one hour of paid sick leave for every 30 hours worked. 

Workers for an employer with fewer than 20 employees can earn up to 40 hours of paid sick leave per year. While those working in a workforce with more than 20 employees can earn up to 56 hours of paid sick leave per year. 

Nevada

Employers with 50 or more staff must provide .01923 hours of paid leave for every hour of work performed. All employees, including part-time workers, are eligible. Hours may be frontloaded instead of accrued according to the discretion of the employer. 

New Jersey

Employers of all sizes must provide up to 40 hours of sick leave per year. The accrual rate equals one hour of sick leave earned per 30 hours worked. Full and part-time employees are covered. 

The following employees are not eligible for earned sick leave:

  • People employed in the construction industry under a union contract
  • Per diem healthcare workers
  • Independent contractors
  • Independent contractors who do not meet the definition of an employee under NJ law

Employees can carry over up to 40 hours of unused sick leave into a new year; however, they cannot use more than 40 hours of sick leave during that year. 

New Mexico

The Healthy Workplaces Act requires employers to provide one hour of paid sick leave (PSL) for every 30 hours worked. Both non-exempt and exempt employees are eligible for PSL. 

While employees may accrue PSL without limit, employers can cap its usage to 64 hours per year. Unused PSL must carry over into the following year, but the annual usage cap of 64 hours still applies.

Employers have the option to front-load PSL at the beginning of the year. However, even if front-loaded, employers must continue to track accruals since the Act requires employees to accrue leave as they work. Employers cannot limit or cap accrual but can restrict the amount of PSL an employee uses annually.

New York

New York State’s paid sick leave laws came into effect on April 3, 2020. Private employers with five or more workers and a net income of more than $1 million have to provide paid sick leave. Employers with fewer than five workers and up to $1 million net income have to provide unpaid sick leave. Employees accrue leave at a rate of one hour for every 30 hours worked. 

Federal, state, and local government employees are not covered by this law.

Employees can make use of their paid sick leave through a verbal or written request for any of the following reasons:

  • For mental or physical illness, injury, or health condition, regardless of whether it has been diagnosed or requires medical care at the time of the request for leave.*
  • For the diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for medical diagnosis or preventive care.

*This includes using leave for the recovery of any side effects of the COVID-19 vaccination.”

New York State also implements safe leave laws to cover time off when an employee or their family member has been the victim of domestic violence, a family offense, sexual violence, stalking, or human trafficking. 

The time off, in this case, can be used for a number of reasons, such as to seek help from a domestic violence shelter, meet with an attorney or social services, or file a complaint with law enforcement. 

Oregon

One hour of sick time for every 30 hours worked, capped at 40 hours per year. Employees can only start using their sick time after they have worked for at least 90 days. Independent contractors do not accrue sick time. 

  • 10 or more employers: sick time is paid 
  • 6 or more employees in Portland: sick time is paid
  • Fewer than 10 employees: sick time is unpaid

Rhode Island

Most employees have the right to accrue one hour of sick leave per 35 hours worked, capped at 40 hours in a year. Government employees and certain per diem nurses do not qualify for sick leave. 

  • 18 or more employees: sick time is paid
  • 17 or fewer employees: sick time is unpaid

Vermont 

Employees earn one hour of paid sick time for every 52 hours worked. A maximum of 40 hours of sick leave can be used per year. While employees begin earning sick time as soon as they start work, employers may choose to prohibit the use of sick time for up to one year. 

People who do not qualify for sick time include:

  • Government employees
  • Per diem health facility workers
  • People employed for a job scheduled to last 20 weeks or fewer
  • Employees who fall under school district or supervisory district union policies

Virginia

Employees accrue one hour of paid sick leave for every 30 hours worked. Paid leave can be carried over to the following year. Accrual and use of paid leave is capped at 40 hours annually, unless the employer sets a higher limit. 

However, employers may choose to frontload the paid sick leave, providing employees with the full annual amount upfront rather than having it accrue over time.

Washington

Employees earn at least one hour of paid sick leave per 40 hours worked. Unused sick leave balances of 40 hours or less are carried over to the next year. Employees can only begin using sick leave after 90 days of employment. 

Employees excluded from sick leave protections:

  • “White collar” employees in executive, administrative, computer, and outside sales positions
  • Certain agricultural workers
  • State or local government employees
  • Forest protection and fire prevention workers
  • See the full list here

Seattle has its own set of complex sick leave requirements separate to the rest of the state:

  • Employers with up to 49 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 40 hours per year.
  • Employers with 50 to 249 employees: must offer one hour of paid sick time for every 40 hours worked. Carryover may be limited to 56 hours per year.
  • Employers with more than 249 employees: must offer one hour of paid sick time for every 30 hours worked. Carryover may be limited to 72 hours per year.

Washington D.C. 

The District of Columbia has varying sick time accrual rates depending on staff count:

  • 100 or more employees: no less than one hour of paid sick leave for every 37 hours worked, capped at 7 days per year. 
  • At least 25, but no more than 99 employees: no less than one hour of paid sick leave for every 43 hours worked, capped at 5 days per year. 
  • 24 or fewer employees: no less than one hour of paid sick leave for every 87 hours worked, capped at 3 days per year. 

 

Sick leave rules in cities & counties

The following cities and counties have their own sick leave rules independent of local state laws. If you operate a business in any of these areas, do some further research to see what kind of sick leave you owe your staff, if any. 

  • San Francisco
  • Oakland
  • Emeryville
  • Santa Monica
  • Los Angeles
  • Seattle
  • Portland
  • San Diego
  • Berkeley
  • Seattle
  • Tacoma
  • New York City
  • Westchester County
  • Philadelphia
  • Pittsburgh
  • Allegheny County
  • Montgomery County
  • Minneapolis
  • Chicago
  • Cook County 

Building your own paid sick leave policy

When creating your own sick leave policy, you want to offer your employees the flexibility they need to take time off when they need it. At the same time, you need to set up clear rules and procedures for doing so to avoid abuse, error, and unnecessary administrative work for your staff. 

Your policy should outline the rules and procedures behind requesting time off as well as a strategy for keeping track of employee accrual and how many sick days they have used. 

  • Set the rules for who is eligible for paid sick leave, the structure of your paid sick leave (accrual, lump sum, or unlimited), and any local laws that automatically apply to your policy. 
  • Design a procedure for requesting and taking time off. This should include the number of days’ notice required for planned sick leave, who they need to request sick leave from, what information they need to provide, and through which platform. 
  • Develop a strategy for recordkeeping that allows you to monitor how much leave has been taken, store any relevant documents, and avoid abuse. 
  • Automatically track accruals with software so that you aren’t burdening your HR team with tedious administrative tasks. Look into ways to have it so that sick leave is accrued, requested, recorded, and paid in the background with minimal need for calculation and data entry. 

Manage sick leave requests and stay compliant with Workforce.com

Once you have developed your paid sick leave policy, you need an employee scheduling, paid time off tracker, and payroll solution that streamlines the procedure of managing sick leave, keeps error-free records, calculates accurate pay and does all of this in line with state and local laws. 

Managing sick leave should be as simple as “set it and forget it.” Get in touch with us today to find out how Workforce.com can help you easily and automatically comply with your state’s sick leave standards. 

This information is for general purposes only and should not be considered legal advice. While we strive to keep it updated, laws and regulations can change at any time. It’s always a good idea to consult with a legal professional or relevant authorities to compliance with the most current standards.

Posted on

The PWFA: What Employers Must Know

oil painting of pregnant lady

Summary:

  • The Pregnant Workers Fairness Act (PWFA) mandates employers to provide reasonable accommodations to pregnant and qualified employees. At the very least, reasonable accommodations could mean time off, including scheduling changes and temporary reassignments.
  • The EEOC’s final regulation for the law will go into effect on June 18, 2024.
  • An efficient workforce management solution can help with compliance and managing accommodations. 

The Equal Employment Opportunity Commission (EEOC) issued the final regulation to carry out the Pregnant Workers Fairness Act (PFWA) that will go into effect on June 18, 2024. Designed to protect the rights of pregnant employees, the PWFA mandates that businesses provide reasonable accommodations to pregnant workers, similar to those provided under the Americans with Disabilities Act (ADA). Understanding and implementing the PWFA not only helps you stay compliant with federal law but also promotes a supportive and inclusive work environment. 

Here’s a quick rundown of the PWFA and how you can best comply.  

What is the PWFA?

The PFWA law requires employers to provide reasonable accommodations to qualified employees. It took effect in June 2023, but the EEOC recently issued the final regulation to implement it. 

It protects employees who have known limitations. Under the law, these refer to physical and mental conditions related to, affected by, or arising from pregnancy, childbirth, or related medical conditions. 

The law applies to public and private sector employers with more than 15 employees. 

What does reasonable accommodation exactly mean?

Basically, these are adjustments or changes in the work environment that would help qualified employees. The most obvious accommodation would be providing time off for treatments, doctor’s appointments, and childbirth, but it could be other things. Some examples include: 

  • Flexible break times for drinking water or using the restroom
  • Changes in work schedule
  • Temporary reassignment
  • Providing equipment or modifying a workstation
  • Assigning light duty
  • Offloading some essential functions of the job

Employers are required to provide such accommodations as long as it would not cause any undue hardship to the organization. Under the law, undue hardship means “a significant difficulty or expense.”

The law also has provisions that provide safeguards that ensure qualified employees will get the adjustments that are right for their condition. For instance, employers can’t force employees to take reasonable accommodations aside from what both parties previously agreed on.  

While providing time off for qualified reasons is acceptable, employers can’t force employees to take leave when they can implement adjustments to keep them working their shifts. For instance, if a pregnant employee works a cash register and can’t stand for long hours, it would be non-compliance for employers if they forced the employee to take time off when they could provide a stool to keep the employee comfortable while working.

Under the PWFA, employers are also not allowed to deny an opportunity and punish employees for requesting reasonable accommodations. Coercing employees who are exercising their rights and people who help them do so is also prohibited under the law. 

Who are qualified employees under PWFA?

Qualified employees under the PWFA are those employees who can perform their duties and fundamental tasks with or without reasonable accommodation. Most employees would meet this requirement because they would most likely be able to perform their essential functions when they’re provided adjustments at work. 

But what if core work functions or duties need to be adjusted, such as when an employee can’t perform a task? Employees can still be qualified, provided that their inability is temporary and that they can return to their essential functions in the near future. For instance, if the job requires an employee to operate heavy equipment, employers may modify their task to only involve light work. 

Tips for complying with the PWFA

Complying with the PWFA is not just a legal obligation. It’s also about promoting a more inclusive work environment and improving retention. Here are some practical tips for implementing it in your organization.

Establish a process for PWFA

It’s all about communication and transparency. Employees must be aware of the law and how they can qualify and practice their rights under it. A process with a clear set of guidelines is essential. 

Obviously, it all starts with employees letting management know of their condition. Employees should know who to inform to get the ball rolling. Aside from their immediate supervisors, who else do they need to notify? 

The guidelines should also include the type of information qualified employees need to provide. However, it’s important to note that it’s not mandatory under the law to present medical records to request for reasonable accommodation, especially when the condition is very apparent. For instance, there is a need for schedule modifications because of morning sickness or the need for bigger uniforms down the line. 

However, employers may request medical documentation to confirm that the level of reasonable accommodation requested is appropriate. This pertains to work changes that warrant a suspension of one or more essential functions, such as if the employee must avoid exposure to certain chemicals or has a temporary inability to operate heavy equipment. In addition, employers should keep medical records confidential.

Train your managers

Much of the work around complying with PWFA is between the managers and frontline staff. Ensure your managers and supervisors are equipped to implement the law and identify qualified employees. Access to materials about the law and their role in implementing it can help them navigate it better. It also helps to familiarize them with other related laws, such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Pregnancy Discrimination Act (PDA). 

Stay on top of compliance with a workforce management platform

Navigating the PWFA will be less challenging when you have a system that helps you stay on top of it. 

On paper, it sounds simple to provide accommodations to pregnant and qualified employees under the law. However, it’s a more complex situation on the ground. Workforce.com can help run your team efficiently in compliance with PWFA, or any labor law for that matter. Here’s how: 

  • Accurate scheduling – When an employee is qualified under PWFA and needs scheduling changes, you can set qualifications so that you will be notified if you accidentally schedule them for shifts or stations that are inappropriate for their current condition.
  • Accessible handbook and training guides – Workforce.com’s HRIS makes it easy for your frontline teams to access the employee handbook and other materials they need, such as your policy on PWFA. This can come in handy should your employees need to clarify any points in your policies or rules.
  • Easy way to stay on top of last-minute shift changes – In case qualified employees face an emergency that compels them to miss a shift, managers can quickly offer the vacant shift to available staff through Workforce.com’s shift bidding functionality.
  • A feedback platform for improving operations – Workforce.com has a shift feedback that prompts employees to rate their shifts. Use this to see if reasonable accommodations are still appropriate and to gauge how the rest of the team feels about the current setup.


The PWFA is a significant step to ensuring that pregnant workers can get the support they need in the workplace. Compliance can be challenging, but the right platform can simplify the process for you. With Workforce.com, you can reduce administrative burden, track accommodations, manage documentation, and ensure that all employees are treated fairly. Discover how Workforce.com can help you stay on top of every stage of the employee life cycle, from hiring to payroll. Book a call today. 

Posted on

Time Off Requests: 5 Tips + Free Template (2023)

Oil Painting of an Astronaut handing you a piece of paper

Summary:

  • Time off management is difficult when no company policy for leave requests and approvals exists. Confusion can result in overlooked requests, no-shows, and short staffing.

  • Use and customize this employee time off request template to track employee leave requests. It should serve as a formal request that outlines the number of days an employee will be away and the type of leave they will use.

  • Improve leave management with a time-off tracking app.

Managing leave requests can get complicated, especially when your business starts to scale. That’s probably why you are here, right?

Without structure or centralization, leave management can quickly become an administrative nightmare. Managing a flurry of different leave requests from emails, chats, SMS, or in-passing conversations is challenging. With no clear process or paper trail, you could end up with a disgruntled team and understaffed shifts.

Start documenting things better with the template below:

Employee Time Off Request Form

Keep in mind that using a paper template will only get you so far. Efficient time-off management is all about creating structure and sticking to it. Here are some tips to help you do this:

1. Have an HR policy in place

While federal law may not require you to offer time off, in most states, you are required to do so. Even if this is not the case for you, it is best practice to offer time off anyway – you’ll have a hard time hiring without this kind of benefit. 

Have your HR team create a written policy that is easy to follow. Without a policy guiding your business, things can quickly get tricky when multiple employees apply for time off on the same dates, for long periods, or during peak seasons.

A time off policy should include the following key areas:

  • A designated lead time/deadline for applying for leave credits or filing for leave of absence
  • Rules around unforeseen employee’s absence in case of emergencies
  • Clear steps on how employees can submit leave requests
  • Policies around high peak seasons or periods
  • Rules around various types of time off benefits such as sick leave benefits, vacation days, unpaid time off, and floating holidays. 
  • Policy around FMLA (Family and Medical Leave Act) and whether they will be accrued other paid time off.

Leave policies vary across organizations. Businesses in retail, hospitality, and healthcare typically have the most stringent policies in order to staff properly during periods of peak demand. That’s not to say that leave requests are less likely to be approved in these organizations; managers just need to have a more efficient system for facilitating them. 

The key here is looking at your data, such as labor forecasts, historical sales, and demand information. See the peaks and valleys in the demand-to-labor ratio so you can plan for employee schedules accordingly and allow employees to take time off.

2. Use software to streamline things.

Managing time off should be simple – using software is the best way to simplify things. The right leave tracking software should allow you to:

  • Let employees submit time off requests in a single place.
  • View and approve leave requests and ensure that all requests go through a single channel. 
  • Customize your own accrual rates and policies.
  • Review available versus current hours.
  • See projected PTO balances on future dates.
  • View leave requests filed in a specific period.
  • Sync leave management with employee scheduling and labor forecasting, ensuring you’re never over or understaffed.
  • Let staff update their availability or unavailability
  • Set blocked periods where employees are discouraged from taking leaves.
  • Access the leave management portal via mobile or desktop. 

Leave management software makes the most sense as it eliminates paperwork and missed leave requests. While having a time off request form helps, it should only be used temporarily to manage employee leave.

3. Allow for shift swapping and/or bidding. 

Unforeseen absences are inevitable. Emergencies happen all of the time, and there may be instances where staff may be unable to make it into their shift at the last minute. Shift swaps and bids are beneficial during such situations.

Workforce.com has a shift-swapping system that lets employees pick their replacement or offer their shift in a bidding process to all available team members. As a result, managers no longer need to scramble to find coverage. Everything occurs over a single mobile app, so nothing slips through the cracks.

4. Consider implementing a rotating time off schedule. 

A rotating time off schedule works by assigning a particular period when employees can take time off. Doing this helps you prevent overlapping leave requests. Remember that you’ll need to exercise discretion here in case of unavoidable, last-minute leave requests. Determine when it is okay for overlapping leave to occur, follow FMLA rules, and figure out how you will find replacements.

5. Incentivize employees not to take time off. 

Only do this during busy times of the year for your business. Rewards for working during peak demand can be higher pay rates, fixed bonuses, or additional PTO. Incentivizing your staff this way will increase the likelihood of leave being taken during slower periods, ensuring your shifts are fully staffed when facing high demand. 

Simplify leave management with Workforce.com

Workforce.com is an all-in-one solution for managing shift workers. While it covers everything from onboarding to payroll, leave management is one of its specialties. Its mobile PTO tracking app lets staff check their balances, view upcoming time off, and submit leave requests.

Requesting time off on the Workforce.com app

Best of all, every leave request is tied directly to Workforce.com’s employee scheduling system – meaning every approved request is automatically reflected on the schedule. 

Book a call today to learn more about Workforce.com’s leave management system.