Q: Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired?
Generally, you must adhere to state sick leave laws requiring that employees be eligible for sick leave upon hire, even when those laws contradict employee handbook policy. But if no such law exists, you can likely enforce handbook policy.
Utah, for example, doesn’t have a statewide law requiring employers to provide sick leave or requiring that sick leave, if offered, begin at hire. Utah employers can therefore uphold a handbook policy making employees eligible for sick leave accrual or use after 90 days of employment. Idaho likewise lacks a statute requiring sick leave, giving employers the same flexibility.
Washington state, on the other hand, strikes a middle ground. There, sick leave must accrue beginning on the first day of employment, but employers need not permit use of sick leave until 90 days after employment commences. Colorado restricts employers to a greater degree, requiring both accrual and use of sick leave from day one.
Note that in some states, municipalities may impose additional requirements. You should always ensure your handbooks are tailored to the unique requirements of each state where you operate.
Corey J. Hunter is an attorney in the Salt Lake City office of Parsons Behle & Latimer. He can be reached at 208-536-6786 or chunter@parsonsbehle.com.