Can undocumented workers receive paid sick leave?

Yes, immigration status does not affect your right to earn or use paid sick leave.

What does “40 hours or 5 days, whichever is more” mean?

Your employer must give you at least 40 hours or 5 days of paid sick leave per year, depending on which one gives you more time off.

This means that if you usually work less than 8 hours per day, 40 hours of sick leave gives you more time off than 5 days of sick leave.

But, if you usually work more than 8 hours per day, 5 days of sick leave gives you more time off than 40 hours of sick leave.

Examples:

• If you work 6 hours per day: 
  5 days of paid sick leave equals 30 hours (6 hours per day × 5 days = 30 hours). Since 40 hours gives you more time off than 5 days, you should get 40 hours of paid sick leave.
• If you work 10 hours per day: 
  5 days of paid sick leave equals 50 hours (10 hours per day × 5 days = 50 hours). Since 50 hours is more than 40 hours, you should get 5 days of paid sick leave.

When do my paid sick leave hours renew?

It depends on whether your employer has an “accrual” policy or an “up-front” policy.

With an accrual policy, you earn sick leave hours over time.

With an up-front policy, you get all your sick leave hours at the beginning of a 12-month period, and your hours renew every 12 months. Your employer decides how to set the 12-month period, but it is usually based on your start date. It can also be a calendar year or another 12-month period.

What is an accrual policy?

With an accrual policy, you earn sick leave over time. In general, workers earn 1 hour of paid sick leave for every 30 hours worked. Earned hours can carry over to the next year.

Example:
If you work 60 hours, you will earn 2 hours of paid sick leave (1 hour for every 30 hours worked). You can use these 2 hours of sick leave as needed. As you continue working, you will earn more sick leave.

Reminder: 
Although you start earning sick leave immediately, you cannot use it until you have worked 90 days with the same employer.

What is an up-front policy?

With an up-front policy, you get all your sick leave hours at the beginning of a 12-month period, and your hours renew every 12 months. Your employer decides how to set the 12-month period, but it is usually based on your start date. It can also be a calendar year or another 12-month period.

Example: 
If your employer uses your start date to set the 12-month period, and your first day was on June 15, you will receive the total amount of sick leave hours on June 15 each year.

Example: 
If your employer uses a calendar year to set your 12-month period, you will receive the total amount of sick leave hours on January 1 each year.

How do I know if my employer uses an accrual or up-front policy?

You should have received a handbook from your employer or human resources. This handbook is sometimes called a "policy handbook" or "employee handbook." It should include a section about paid sick leave, explaining how your paid sick leave hours are earned. Talk to your supervisor or human resources if you have any questions.

If I work for a farm labor contractor, do I qualify for paid sick leave?

Yes, the contractor is your employer and they must provide paid sick leave if you meet the paid sick leave requirements.

If I’m a seasonal worker and return to the same employer, do I lose the paid sick leave hours I earned?

If you return to the same employer within 12 months, they must restore any unused sick leave.

Example: 
Juan is a seasonal worker. He worked 60 days for an employer and earned 8 hours of paid sick leave. When he returns to work another 60 days within 12 months, the employer must restore the 8 hours of paid sick leave he earned before.