You wake up with a fever and report that you cannot come to work. Does the employer have to pay for that day? Can they require a doctor's note? The answer depends on the state, city, type of employment, and available leave hours.
In Illinois, some employees can use statutory paid leave for any reason, while Chicago has separate rules. New Jersey and New York have sick leave laws. In Texas, there is no general state guarantee of paid sick leave for the private sector. Below, we outline the differences and places where you can check your own situation.
Information verified on October 28, 2026. This guide primarily concerns private sector employees. When resolving a specific case, the workplace location, type of employment, available leave hours, and regulations in effect on the day of absence are important.
Are Paid Sick Days Available Nationwide?
There is no single federal law that guarantees every employee of a private company paid sick leave. Rights may arise from state, city, or county law, collective bargaining agreements, contracts, or company policies. Some employees under certain federal contracts are subject to specific rules.
The federal FMLA provides eligible employees covered by it with protected, essentially unpaid leave in certain family and health situations. It has separate conditions and is not the same as a regular one-day sick day. A visit to the doctor for a cold does not always meet FMLA criteria.
First, determine where you physically work, whether you are covered by the relevant law, and how many hours you have available. Part-time work does not automatically remove protections under New York laws.
Comparison: Where You Work Matters
The examples below apply to employees covered by the specified law. Limits are not always available from the first day. There may be exceptions for certain professions, collective agreements, or employment types. Additionally, the city or county may have its own regulations. The numbers describe the general minimum, not necessarily the offer of a specific company.
Illinois: Paid Leave Also Without Reason
The state Paid Leave for All Workers Act allows eligible employees to accrue one hour of paid leave for every 40 hours worked, up to 40 hours in a 12-month period. The employer may grant a pool upfront instead of accruing. Accrued leave can generally be used after 90 days of employment.
Leave under this law can be used for any reason. According to the state office, the employer cannot require a reason or a note for this statutory leave. However, reporting rules and exceptions apply. Additional, non-statutory leave may be subject to different policies.
Chicago and Cook County have separate local regulations. Do not assume that the state law automatically resolves your situation. Details: Illinois Department of Labor: Paid Leave FAQs.
Chicago: Two Types of Leave
Chicago provides two types of time for covered employees: Paid Leave, which can be used for any reason, and Paid Sick Leave for purposes specified in city law. Accruing at one hour for every 35 hours worked, at least one hour of each type of leave is generated, up to 40 hours of each type in a 12-month accrual period. The employer may apply an allowed upfront grant.
The city specifies the conditions for coverage and the timing of using accrued hours: generally no later than the 30th day of employment for sick leave and the 90th day for Paid Leave. When using the city’s Paid Leave, no reason or documentation is required. City regulations allow the employer to request verification of protected Paid Sick Leave for absences longer than three consecutive workdays, under certain conditions. Do not confuse these two pools.
Regulations: Chicago Paid Leave and Paid Sick and Safe Leave Ordinance. A comparison of relevant offices and rules is published by Cook County.
Cook County Outside Chicago
Cook County has its own paid leave regulations: generally one hour for every 40 hours worked, which can be used for any purpose. Rules specific to a particular municipality may depend on its regulations. Chicago has a separate city law. Check your work address on the county’s website, rather than assuming that every suburban store is subject to the same rules.
New Jersey: Up to 40 Hours of Earned Sick Leave
Most employees covered by the law, including many temporary and part-time workers, accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours in a benefit year. Time can be used for personal illness, treatment, or caring for a loved one. The company may grant 40 hours upfront.
The New Jersey Department of Labor indicates the possibility of requesting reasonable documentation after three or more consecutive days and during certain previously specified periods of intensive work. Other materials from this office describe the threshold somewhat differently. If the employer requests documentation after a shorter absence or on a specified day, check the circumstances directly with New Jersey Department of Labor. Do not assume that the same rules as in NYC apply on the other side of the river.
Massachusetts: Up to 40 Hours, Sometimes Unpaid
Most covered employees accrue at least one hour for every 30 hours worked and can use up to 40 hours annually. For employers with at least 11 employees, the leave must be paid. For smaller employers, the protected time may be unpaid.
The employer can only require documentation in specific cases. The state attorney general’s FAQ lists, among others, absences covering more than 24 consecutive scheduled work hours, three consecutive scheduled workdays, or other special situations. A person without a doctor may, under certain circumstances, sign their own statement. Details: Massachusetts: Earned Sick Time and Attorney General's FAQs.
Pennsylvania and Philadelphia: Check City Regulations
Pennsylvania indicates that general state law does not require employers to pay for unworked time simply because it is sick leave. However, entitlement may arise from a contract, company policy, or local law. Other laws, including FMLA, may also provide special protections.
In Philadelphia, there is a city law: covered employees accrue one hour for every 40 hours worked, up to 40 hours annually. According to the city, employers with at least 10 employees provide paid time, while smaller companies may offer unpaid time. There are exceptions for certain seasonal employees and other categories.
Sources: Pennsylvania Department of Labor & Industry and Philadelphia: Paid Sick Leave and Complaints.
California: Five Days or 40 Hours
For covered employees, the employer must generally allow at least five days or 40 hours of paid sick leave, depending on which value provides more time. For a ten-hour shift, five days may mean 50 hours. The regulations include conditions for accruing and using leave; local law may provide more.
The California office indicates that using statutory paid sick leave is not contingent on a doctor's note. However, under certain circumstances, a request for documentation may be justified, so it is advisable to check the details rather than apply a rigid rule from another state. California Labor Commissioner: FAQs.
Washington State
Covered employees accrue at least one hour of paid sick leave for every 40 hours worked. Generally, they can use accrued time no later than 90 days after starting employment. After an absence exceeding three consecutive required workdays, the employer may, under statutory conditions, request verification. It cannot cause unreasonable burden or cost.
The state also has a separate Paid Family and Medical Leave program, which should not be confused with regular sick leave. See Washington Labor & Industries and State Family and Medical Program.
Texas: Check Your Contract and Company Policy
The Texas Workforce Commission explains that there is no general state guarantee of paid sick leave in the private sector. However, a company may voluntarily offer such days, and a written policy or contract may be significant for enforcing promised pay. In certain situations, other regulations, including FMLA or disability and pregnancy laws, may provide protection or unpaid leave.
Therefore, an employee in Texas should request a written company policy, check their employment status, and contact the Texas Workforce Commission if promised benefits have not been paid.
Where to Check Other States?
Not all 50 states are described in this guide. Find the labor office of the state where you work and additionally check the regulations of the city or county. A helpful resource is the federal list of state labor offices. When contacting, provide your workplace location, type of employment, shift length, absence date, and whether it concerns statutory leave or an additional company benefit.
New York: Do You Need to See a Doctor After One Day?
Generally, no. An employee of a private store in New York State who takes their entitled protected sick leave for one shift due to illness generally does not need to provide a doctor's note just because they missed that day. Not every illness requires a visit to the doctor.
It is important whether the store is located in one of the five boroughs of New York City or in another part of the state. The city has its own regulations. In special situations, other laws may also be relevant, such as those concerning return to work after absence.
New York City: Only After More Than Three Days of Work
According to the city’s Department of Consumer and Worker Protection, or DCWP, an employer may require appropriate documentation from a third party only when an employee takes protected leave for more than three consecutive workdays. The requirement must be described in a written policy that the employee received before taking leave.
For one, two, or three consecutive workdays, city rules do not allow requiring a doctor's note as documentation for that leave. For longer absences, additional conditions apply. The document does not need to disclose the diagnosis or details of the illness.
A separate matter is a written confirmation from the employee themselves that the time was used for a legally permitted purpose. The city’s FAQs allow such a requirement even for shorter absences if it is included in the written policy. This is different from a doctor's note. The state regulation separately limits verification for absences shorter than three scheduled shifts; if the employer requests such a statement in a specific case, it is advisable to ask DCWP or the state Department of Labor for clarification on the application of both regulations.
The Rest of New York State: Three Shift Threshold
The state regulation states that an employer cannot require medical or other verification for sick leave shorter than three consecutive, previously scheduled workdays or shifts. For three or more such days, they may, subject to other applicable regulations, request documentation confirming the entitlement to leave.
The regulation mentions confirmation from an authorized medical person or a statement from the employee. It does not allow requesting disclosure of the diagnosis and indicates that the cost of obtaining the required verification cannot burden the employee. For city protection in NYC, inquire separately, as it is more favorable with third-party documentation.
Do not confuse workdays with consecutive calendar days. With an irregular schedule, it is important which shifts the employee was actually scheduled for.
How Many Hours of Sick Leave Are Available in New York State?
The amount depends on the size of the employer. For the smallest companies, net income from the previous tax year is also significant:
- 100 or more employees: up to 56 hours of paid sick leave per year.
- From 5 to 99 employees: up to 40 hours of paid sick leave per year.
- Up to 4 employees and net income over $1 million: up to 40 hours of paid sick leave per year.
- Up to 4 employees and net income of $1 million or less: up to 40 hours of unpaid sick leave per year according to state rules.
These are general statutory limits, not a promise that everyone has the entire limit accrued from day one. An employee accumulates at least one hour for every 30 hours worked. The employer may instead grant an appropriate pool upfront. Part-time employees also accrue hours according to the time worked.
Example: a person who worked 240 hours would accrue 8 hours of leave under the basic rule. If they did not use it earlier and have a paid pool, it can cover an eight-hour shift. The company may offer more favorable conditions.
When determining the number of employees, not only the staffing of one store is counted. NYC provides rules for counting all employees of the employer nationwide and specific rules for chain stores. If a company has multiple locations, it is worth asking the office how to apply the threshold to a specific employer.
Additional 32 Hours of Protected Leave in NYC
As of February 22, 2026, employers covered by the city’s Protected Time Off Law must provide an additional 32 hours of protected leave available from the start of employment and again at the beginning of the next year adopted by the employer. This additional pool may be unpaid. The employer can meet the requirement by providing appropriate additional paid hours.
This is an additional bank, alongside accrued leave of up to 40 or 56 hours. It is not 32 hours for any purpose: they must be used for reasons protected by city law. The city allows, among others, certain health needs, safety-related issues, care, and other specified in the regulations.
If an employee has available paid and unpaid leave, according to the city’s FAQs, the employer should apply paid leave unless the employee chooses unpaid. Unused additional pool of 32 hours does not carry over to the next year. The rules for carrying over accrued pools of 40 or 56 hours are separate.
NYC also has a separate pool of 20 hours of paid prenatal leave for eligible individuals receiving healthcare related to their own pregnancy. This is additional to protected time off and is subject to separate rules.
Note for the smallest companies: NYC states the threshold for paid leave at a net income of $1 million or more, while the state description uses the term over $1 million. For a value of exactly $1 million and working in NYC, it is advisable to check the more favorable applicable rule with DCWP.
Can You Take a Sick Day Without Visiting a Doctor?
Yes, if there is a permissible reason and the employee meets the conditions of the relevant law. A person with a fever or infection may need rest even if they do not go to the doctor. The lack of a visit does not in itself mean that they were not ill.
If an employer in NYC insists on a note after one shift, you can request a written explanation, indicate that it was about protected leave, and contact DCWP. In the case of a legitimate request for documentation after a longer leave, the city office provides at least seven days from the return to work to deliver it. The employer reimburses the fee charged by the authorized medical employee for issuing the required documentation. If there are difficulties with the cost of the visit, it is advisable to discuss the situation with DCWP.
And What If I Just Wanted a Day Off?
Sick leave is not automatically time off for any private purpose. Regulations specify permissible reasons, and the NYC city catalog includes more than just illness. If the reason is not covered by the law, check the company’s personal days, vacation leave, or other PTO rules and talk to your employer.
Do not provide a false reason or create a fake note. According to the state office, knowingly using sick leave for an impermissible purpose or lying may lead to disciplinary action. However, NYC distinguishes between abuse and a mistake made in good faith. In case of dispute, ask the office or a lawyer to assess the details.
How to Report an Illness?
If the need for leave is sudden, in NYC, the employer may require notification as soon as reasonably possible. With a previously known need, such as a scheduled appointment, the written policy may require appropriate advance notice, no more than seven days. Details are found in city rules.
In case of illness, you can say that you cannot work and wish to use the available protected leave. The employer should not require details of the diagnosis. In NYC, they also cannot condition the use of this leave on finding a replacement, making up the shift, or working from home.
Sample message to the employer:
Hi, I am sick and unable to work my scheduled shift on [date]. I would like to use my available paid sick leave. Please confirm my leave balance and how the absence will be recorded.
In Polish: „Jestem chora i nie mogę pracować na zaplanowanej zmianie [data]. Chciałabym wykorzystać dostępne płatne sick leave. Proszę o potwierdzenie salda i sposobu rozliczenia nieobecności”.
What to Do If the Employer Requires a Note After One Day?
- Keep messages, schedules, and pay stubs. Record the date, number of missed shifts, and what the employer requested.
- Check your workplace, the applicable written company policy, and whether you are using statutory leave. Ask for information on which pool the absence will be charged to.
- Request your sick leave balance. In New York State, upon employee request, the employer has three business days to provide a summary of accrued and used leave.
- If you work in NYC, ask DCWP about your situation: call 311 and request “Protected Time Off” or use the city form. Interpreter assistance is available.
- In other parts of the state, contact the New York State Department of Labor at 1-888-469-7365. Form LS223 is also available in Polish.
In NYC, complaints to DCWP or lawsuits regarding this matter generally must be filed within two years from the time the employee knew or should have known about the violation. Other claims may have different deadlines. If, after taking leave, the employer threatened, reduced hours, or fired the employee, this should be reported to the office. Retaliation for exercising protected rights is prohibited.
DCWP states that it answers questions and conducts investigations regarding protected time off regardless of the employee's immigration status. If status or work rights raise concerns, it is advisable to additionally consult a trusted workers' organization or lawyer.
Sources and Further Reading
- New York State: Sick Leave, Limits, and Documentation Regulations
- NYS Department of Labor: Paid Sick Leave FAQs
- NYC DCWP: Protected Time Off Law, FAQs
- NYC DCWP: Employee Rights Information, available in Polish
- NYC DCWP: Filing a Worker Complaint
- NYS Department of Labor: Complaint Form LS223, also in Polish
- U.S. Department of Labor: Types of Leave in the USA
- U.S. Department of Labor: FMLA Protections
- U.S. Department of Labor: Some Federal Contractors
- California Labor Commissioner: Paid Sick Leave
- Washington Labor & Industries: Absence Verification
- Michigan: Earned Sick Time Act
This guide is for informational purposes and does not substitute for legal advice. Regulations and their application may change.
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