U.S. Code » Title 29 » Chapter CHAPTER 28— FAMILY AND MEDICAL LEAVE

29 U.S.C. § 5102

PAID SICK TIME REQUIREMENT.

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“(a)In General.—An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because:“(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.“(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.“(3) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.“(4) The employee is caring for an individual who is subject to an order as described in subparagraph [sic] (1) or has been advised as described in paragraph (2).“(5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.“(6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Except that an employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of this subsection.

“(b)Duration of Paid Sick Time.—“(1)In general.—An employee shall be entitled to paid sick time for an amount of hours determined under paragraph (2).“(2)Amount of hours.—The amount of hours of paid sick time to which an employee is entitled shall be as follows:“(A) For full-time employees, 80 hours.“(B) For part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a 2-week period.“(3)Carryover.—Paid sick time under this section shall not carry over from 1 year to the next.“(c)Employer’s Termination of Paid Sick Time.—Paid sick time provided to an employee under this Act shall cease beginning with the employee’s next scheduled workshift immediately following the termination of the need for paid sick time under subsection (a).“(d)Prohibition.—An employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time.“(e)Use of Paid Sick Time.—“(1)In general.—The paid sick time under subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer.“(2)Sequencing.—“(A)In general.—An employee may first use the paid sick time under subsection (a) for the purposes described in such subsection.“(B)Prohibition.—An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a).“(f)Limitations.—An employer shall not be required to pay more than either—“(1) $511 per day and $5,110 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (1), (2), or (3) of section 5102(a); or“(2) $200 per day and $2,000 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (4), (5), or (6) of section 5102(a).
Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2021–2025 · leading case: Morris v. Onyx Collection, Inc., The (D. Kan. 2022).
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Morris v. Onyx Collection, Inc., The (D. Kan. 2022). · cites it 2× “12 29 U.S.C. § 5102 (a). 13 Id. at § 5102(e)(1).”
Tanja Kovacevic v. Am. Int'l Foods, Inc. (6th Cir. 2023). “2 29 U.S.C. § 5102 (b)(2)(A). And employers were prohibited from “discharg[ing], disciplin[ing], or in any other manner discriminat[ing] against” employees who took leave under EPSLA.”
Wadley v. Nat'l Ry. Equip. Co (W.D. Ky. 2021). “See 29 U.S.C. §§ 5102 and 5110(2). And because the EPSLA relies on the Fair Labor Standards Act (“FLSA”) for its enforcement provisions, courts use the FLSA McDonnell-Douglas framework to evaluate EPSLA claims.”
Wadley v. Nat'l Ry. Equip. Co (W.D. Ky. 2022). “See 29 U.S.C. §§ 5102 and 5110(2). And because the EPSLA relies on the Fair Labor Standards Act (“FLSA”) for its enforcement provisions, courts use the FLSA McDonnell-Douglas framework to evaluate EPSLA claims.”
Starks v. K.E.L.L.Y Youth Servs., Inc. (S.D. Ohio 2024). “2021) (citing 29 U.S.C. §§ 5102 and 5110(2)). “Enforcement of EPSLA claims falls under the provisions of the [FLSA].”
Beaver v. Macomb Cnty. (E.D. Mich. 2025). “2021) (citing 29 U.S.C. §§ 5102 and 5110(2)). “Enforcement of EPSLA claims falls under the provisions of the [FLSA].”
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