Sick leave

What It Means

Sick leave is time away from work for your own illness, injury or medical care, and under many policies for a sick family member too. The Department of Labor says the Fair Labor Standards Act (FLSA) doesn't require employers to pay for time not worked, sick leave included, so whether it's paid comes down to your employer's policy and any state or local law that applies to you. Longer absences for a serious health condition can fall under the Family and Medical Leave ActFMLAThe Family and Medical Leave Act, a federal law giving eligible employees up to 12 workweeks of unpaid, job-protected leave a year for family and medical reasons. See more (FMLA), which gives eligible employees unpaid, job-protected leave.

How People Say It at Work

• "I'm calling in sick today."
• "Do I have enough sick time left for the surgery?"
• "Our sick days reset in January."

The Breakdown

Worked example. Marco's employer gives 1 hour of sick leave for every 30 hours worked, a rate taken here only as an example. He works 40 hours a week and has been on the job 12 weeks.

What the result means. If Marco wakes up with the flu next week, he has a day and a half of sick leave to draw on before any further time would be unpaid or come from another bank, such as vacation. Policies differ on whether unused hours carry over, whether there's a yearly cap, and whether you need a doctor's note after several days in a row, so the handbook answers those for your job.

Where the rules come from. Three layers can apply: your employer's written policy, any state or city law where you work, and, for a serious health condition, the FMLA's unpaid leave.

Good to Know

The Department of Labor's "Sick Leave" page states that the FLSA doesn't require paid sick leave, and its "Vacation Leave" page says the same about vacation and holidays, calling them matters of agreement between you and your employer. State or local law may require paid sick leave where you work, so check your state labor department's site. For an illness that keeps you out for weeks, ask HR whether FMLA leave applies; the Department of Labor's Fact Sheet #28 lists who's eligible.

Related Terms and Categories

• FMLA

  The Family and Medical Leave Act, a federal law giving eligible employees up to 12 workweeks of unpaid, job-protected leave a year for family and medical reasons.

• Mental health day

  A day off work taken to rest and recover from stress or strain, usually drawn from sick leave or PTO under the employer's own policy.

• Unlimited PTO

  A time off policy with no set number of vacation days, where employees take paid days off as needed with their manager's approval.

• Presenteeism

  Going to work, or logging on, while sick or otherwise not well enough to work at your usual level, the reverse of an unplanned absence.

• Burnout at work

  Exhaustion, cynicism about your job and a drop in how effective you feel, which WHO links to chronic workplace stress that hasn't been managed.

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