# Paid Sick Leave Laws by State for NEMT Drivers in 2027

Canonical URL: https://nemtguide.com/guides/nemt-driver-sick-leave/ · Updated 2026-10-02

Paid sick leave laws differ by state, but most follow one pattern: 1 hour of leave for every 30 hours worked, up to 40 to 56 hours a year, with part-time drivers included. Nevada starts at 50 employees, Massachusetts pays from 11, and Arizona, California, and New Jersey cover every employer. Federal law requires it only on covered federal contracts, such as VA ride contracts.

- Most state laws give 1 hour of sick leave for every 30 hours worked, capped at 40 to 56 hours a year.
- Part-time drivers count in almost every state, often from the first day, so track hours for every driver.
- A driver paid per trip still gets sick pay figured as an hourly rate, using the method your state sets.
- Most state laws bar you from making a driver find their own replacement before taking sick time.
- Connecticut extends its law to every employer on January 1, 2027, and Virginia extends its law to every private employer on July 1, 2027.

## Which states require paid sick leave

As of October 2026, the states in the table below and Washington, D.C. require private employers to give workers sick time. Most use the same formula: 1 hour of leave for every 30 hours worked, up to a yearly cap. The two things that change from state to state are the size line, meaning how many employees you need before the leave must be paid, and the cap.

Read the cap as the yearly amount the law guarantees. You may always give more.

| State | Who must provide paid leave | Accrual and yearly cap |
|---|---|---|
| Alaska | All employers (since July 1, 2025) | 1 hour per 30; 40 hours under 15 employees, 56 at 15 or more |
| Arizona | All employers | 1 hour per 30; 24 hours under 15 employees, 40 at 15 or more |
| California | All employers, for anyone working 30 days in a year | 1 hour per 30; use may be capped at 40 hours or 5 days |
| Colorado | All employers (since January 1, 2022) | 1 hour per 30; 48 hours |
| Connecticut | 11 or more employees in the state; 1 or more from January 1, 2027 | 1 hour per 30; 40 hours |
| District of Columbia | All employers | 1 hour per 37, 43, or 87 by size; 7, 5, or 3 days |
| Illinois | All employers (since January 1, 2024) | 1 hour per 40; 40 hours, for any reason |
| Maine | More than 10 employees | 1 hour per 40; 40 hours |
| Maryland | 15 or more employees; unpaid leave below 15 | 1 hour per 30; 40 hours earned a year |
| Massachusetts | 11 or more employees; unpaid leave below 11 | 1 hour per 30; 40 hours |
| Michigan | All employers; 10 or fewer since October 1, 2025 | 1 hour per 30; 40 hours at 10 or fewer, 72 above |
| Minnesota | All employers | 1 hour per 30; 48 hours |
| Nebraska | 11 or more employees (since October 1, 2025) | 1 hour per 30; 40 hours at 11 to 19 employees, 56 at 20 or more |
| Nevada | 50 or more employees in the state | About 1 hour per 52; use may be capped at 40 hours |
| New Jersey | All employers | 1 hour per 30; 40 hours |
| New Mexico | All employers (since July 1, 2022) | 1 hour per 30; 64 hours |
| New York | 5 or more employees, or fewer with net income over $1 million | 1 hour per 30; 40 hours, or 56 at 100 or more employees |
| Oregon | 10 or more employees, or 6 with a Portland site; unpaid below | 1 hour per 30; 40 hours |
| Rhode Island | 18 or more employees; smaller employers protect 40 unpaid hours | 1 hour per 35; 40 hours |
| Vermont | All employers, for workers averaging 18 or more hours a week | 1 hour per 52; 40 hours |
| Washington | All employers | 1 hour per 40; unused balances up to 40 hours carry over |

A few notes the grid cannot hold:

- **District of Columbia.** Employers with 100 or more employees give 1 hour per 37 hours worked, up to 7 days. Those with 25 to 99 give 1 per 43, up to 5 days. Those with 24 or fewer give 1 per 87, up to 3 days (D.C. Code 32-531.02).
- **Illinois.** The statewide act does not apply to employers covered by a city or county paid leave ordinance that was in effect when the act took effect. Workers may use the leave for any reason, without giving a reason or documentation.
- **Maine.** The leave is earned paid leave, paid at the driver's base rate. Except in an emergency, illness, or other sudden need, the driver gives reasonable notice, and use is scheduled to avoid undue hardship to you.
- **Missouri.** The paid sick leave statute added in 2024 was repealed by H.B. 567, effective August 28, 2025.
- **Nebraska.** As amended by LB415 in 2025, the law covers employers with 11 or more employees. Drivers start accruing after 80 hours of consecutive employment.
- **Virginia.** Today its paid sick leave law covers only certain home health workers. A 2026 law (Acts of Assembly chapters 1128 and 1129) extends it to all private employers on July 1, 2027, at 1 hour of paid sick leave for every 30 hours worked, with some exceptions.

Count employees the way your state does. Arizona, Massachusetts, and Michigan count full-time, part-time, and temporary workers. Connecticut counts the payroll for the week that contains January 1, and Alaska counts full-time equivalents.

## Do part-time and on-call drivers count

Almost always. New Jersey covers full-time, part-time, and temporary employees, Alaska's labor department says part-time employees must get paid sick leave, and New York covers all private-sector employees regardless of part-time status. A driver who works 15 hours a week earns leave at the same rate as a full-time driver, just more slowly.

The exceptions are hours and schedule lines. Check each one against your [part-time drivers](https://nemtguide.com/guides/part-time-nemt-drivers/) and on-call setup:

- **California.** A driver must work 30 or more days in California within a year. You may hold use of the leave until the 90th day of employment.
- **Minnesota.** A driver qualifies if expected to work at least 80 hours a year for you in Minnesota.
- **Nebraska.** Drivers who work under 80 hours a year in Nebraska, and anyone under 16, are not covered.
- **Maryland.** The law does not apply to a driver who regularly works less than 12 hours a week, or to anyone under 18 before the year begins. It also excludes an as-needed worker in a health or human services industry who can accept or reject each shift and is not guaranteed work.
- **Vermont.** A covered employee averages at least 18 hours a week over a year. The law excludes jobs of 20 weeks or fewer, workers under 18, and per diem workers who work only when they say they are available, have no obligation to accept work, and have no expectation of continuing employment.
- **Nevada.** Temporary, seasonal, and on-call employees are excluded.
- **Michigan.** The act excludes a worker who schedules their own hours under a policy that bars any penalty for not scheduling a minimum number of hours.
- **Connecticut.** A seasonal employee, one who works 120 days or less in a year, is excluded.
- **Alaska.** Minors under 18 who work fewer than 30 hours a week are exempt.

Calling a driver a contractor does not take them out of these laws. If the driver drives your van on your schedule, read [NEMT drivers: 1099 or W-2](https://nemtguide.com/guides/nemt-drivers-1099-or-w2/) first.

## How to figure sick pay for a driver paid per trip

Sick leave is counted in hours, so a driver paid by the trip or by the mile still needs an hourly sick pay rate. Several states spell out how to set it:

- **California (Labor Code 246(l)).** For a nonexempt driver, use the regular rate of pay for the workweek the leave is taken, or divide total wages, minus overtime premium pay, by total hours worked in the full pay periods of the prior 90 days.
- **New Jersey.** For pay that varies, including piecework, add total earnings, minus overtime, from the last seven days worked, and divide by the hours worked on those days. Sick pay is never below the state minimum wage.
- **Nevada (NRS 608.0197).** For pay by salary, commission, piece rate, or any method other than an hourly wage, divide total wages paid for the prior 90 days by the hours worked in that period. Leave out discretionary bonuses, overtime, holiday pay, and tips.
- **Connecticut.** When a worker's hourly wage varies with the work done, use the average hourly wage in the pay period just before the leave. It is never below the state minimum fair wage, and overtime and commissions are left out.
- **Michigan.** Pay the greater of the driver's normal or base wage and the state minimum wage, without overtime, tips, or bonuses.
- **Nebraska (48-3802).** For commission, piece-rate, mileage, or fee-for-service pay, figure the average weekly wage the way the state's workers' compensation law does (section 48-126), then divide it by 40 hours.
- **Alaska.** Pay the regular rate of pay figured under the federal overtime rules in 29 CFR part 778, which cover piece-rate pay.

### A worked example

Here is a hypothetical New Jersey driver paid by the trip. In the last seven days worked, the driver earned $760 in trip pay with no overtime, over 40 hours worked.

1. Divide earnings by hours: $760 ÷ 40 = $19.00 an hour.
2. Check that $19.00 is at least the state minimum wage.
3. Multiply by the hours of sick time used. An 8-hour sick day pays 8 × $19.00 = $152.00.

The method only works if you record every hour the driver works, including wait time and the drive to the first pickup. Per-trip pay plans need that record anyway for minimum wage and overtime, as the [driver pay guide](https://nemtguide.com/guides/nemt-driver-pay/) explains.

## Call-outs, doctor's notes, and attendance points

NEMT runs on call-outs at 5 a.m., so your call-out policy has to match the law in each state where you have drivers.

- **Notice.** California allows you to ask for reasonable advance notice when the need is foreseeable, and notice as soon as practicable when it is not. Illinois allows up to 7 calendar days of notice for foreseeable leave. Washington allows up to 10 days for foreseeable leave and notice before the shift for unforeseeable leave, but only under a written policy you gave drivers in advance.
- **Finding cover.** Most of these laws bar you from making a worker search for or find a replacement before using sick time, including those in Alaska, Arizona, California (Labor Code 246.5), Connecticut, Illinois, Massachusetts, Michigan, Nevada, New Jersey, and New Mexico. Covering the route is your job, which is why [driver schedules](https://nemtguide.com/guides/nemt-driver-schedules/) should include a backup.
- **Doctor's notes.** Oregon generally bars requiring a note for an absence of less than three consecutive workdays. Washington allows verification only for absences of more than three days, under a written policy. New Jersey allows reasonable documentation for three or more consecutive workdays. Illinois does not let you require a reason or documentation, and New York bars requiring confidential medical details.
- **Attendance points.** Illinois bars counting paid leave under a no-fault attendance policy. New York Labor Law 215 treats any demerit, occurrence, or point for a legally protected absence as retaliation, with a civil penalty of $1,000 to $10,000, or up to $20,000 for a repeat violation within six years. New York City bars discipline, including points systems, for protected time off. Federal rules bar counting FMLA leave under no-fault attendance policies (29 CFR 825.220(c)).
- **Minimum blocks.** California allows a minimum use increment of up to 2 hours, Illinois up to 2 hours a day, and Nevada up to 4 hours. Connecticut must let workers use leave in one-hour increments.

## VA and other federal ride contracts

Federal contracts carry their own sick leave rule, wherever the work is. Executive Order 13706 and 29 CFR part 13, still in the eCFR as of September 30, 2026, apply to new federal contracts covered by the Service Contract Act, among others. VA ride contracts carry the Service Contract Act clause, as the [VA transportation contracts guide](https://nemtguide.com/guides/va-transportation-contracts/) explains.

On a covered contract:

1. **Accrual.** Drivers earn at least 1 hour of paid sick leave for every 30 hours worked on or in connection with the contract (29 CFR 13.5).
2. **Cap.** You may limit accrual to 56 hours in an accrual year, or front-load 56 hours. The Department of Labor describes it as up to seven days a year.
3. **No credit.** The leave is in addition to the Service Contract Act wage and fringe benefits. You get no credit toward those for sick leave the order requires.
4. **Records.** To leave a driver's Medicaid or private trip hours out of accrual, record covered and non-covered hours separately.

Read the clauses in each solicitation and the attached wage determination before you price the bid.

## Cities with their own rules

Some cities set rules stricter than their state's. You follow whichever rule is more generous to the driver.

- **New York City.** Employers give 40 or 56 hours of paid protected time off a year, depending on size, plus the 20 hours of paid prenatal leave New York State has required since January 1, 2025. Since February 22, 2026, they also give 32 hours of unpaid protected time off available right away, with a new bank each calendar year.
- **Seattle.** The size tiers count full-time equivalents worldwide. With up to 49, drivers earn 1 hour per 40 and carry over 40 hours. From 50 to 249, 1 per 40 and 56 hours. At 250 or more, 1 per 30 and 72 hours.
- **Minneapolis and St. Paul.** Both have their own sick and safe time ordinances, and Minnesota's labor department says employers must follow whichever requirement is most favorable to the worker.

If you have drivers in a large city, check its labor standards office as well as the state.

## What to do this month

1. **List every state and city where your drivers work,** including drivers who live in one state and drive in another.
2. **Count your employees** the way each state counts, including part-time drivers.
3. **Choose accrual or front-loading.** Giving the full yearly amount up front spares you accrual tracking in states such as New Jersey, Michigan, and Rhode Island.
4. **Record hours for every driver,** including per-trip drivers, so you can figure accrual and sick pay.
5. **Show balances where the law asks.** Nevada wants an accounting of available hours each payday, Minnesota wants hours available and used at the end of each pay period, Nebraska wants hours available, used, and paid on or with each paycheck, and Alaska wants them on the earnings statement.
6. **Rewrite your call-out policy** in writing, with notice rules, no replacement requirement, and no points for protected sick time.
7. **Post the required notices,** such as Connecticut's poster in English and Spanish.
8. **Recheck before each new year.** Connecticut's law reaches every employer on January 1, 2027, and Virginia's reaches every private employer on July 1, 2027.

## Frequently asked questions

### Is there a federal paid sick leave law?

Not for most employers. The Department of Labor says there is currently no federal requirement for paid sick leave. The FMLA gives up to 12 weeks of unpaid leave, but only at employers with 50 or more employees. The exception is federal contracts: Executive Order 13706 and 29 CFR part 13 require paid sick leave on covered contracts, including Service Contract Act work such as VA ride contracts.

### Do part-time NEMT drivers get paid sick leave?

In almost every state with a law, yes. New Jersey, Alaska, and New York cover part-time employees by name, and Arizona and Massachusetts count part-time and temporary workers when they count your employees. The main exceptions are drivers under an hours line: Vermont requires an average of 18 hours a week, Maryland excludes anyone who regularly works under 12 hours a week, and Minnesota requires 80 hours a year.

### How do I figure sick pay for a driver paid per trip?

Turn the driver's pay into an hourly rate the way your state says. New Jersey divides total earnings, minus overtime, from the last seven days worked by the hours worked those days. California allows total wages, minus overtime premium, divided by hours worked in the full pay periods of the prior 90 days. Nevada uses the prior 90 days, Connecticut uses the prior pay period, and Nebraska turns the average weekly wage into an hourly rate over 40 hours.

### Can I require a driver to find someone to cover their shift?

Not in most states with a sick leave law. Alaska, Arizona, California, Connecticut, Illinois, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, and New York City each bar making a worker search for or find a replacement as a condition of using sick time. Covering the route is dispatch's job. Plan a backup driver or on-call shift for the days when someone calls out, and hand trips back to the broker early when you cannot cover them.

### Can I give attendance points for sick days?

Not for protected sick time in several places. Illinois bars counting paid leave under a no-fault attendance policy, New York counts any demerit or point for a protected absence as retaliation, and New York City bars discipline, including points systems. Federal rules also bar counting FMLA leave under no-fault attendance policies.

### Do I have to pay out unused sick leave when a driver leaves?

Not under the sick leave laws in Arizona, Colorado, Massachusetts, or Rhode Island, which each say so. Rehire rules differ, though. Arizona reinstates the unused balance for a driver rehired within nine months, Colorado within six months, and Rhode Island within 135 days.

## Official resources

- [U.S. Department of Labor: Executive Order 13706 paid sick leave for federal contractors](https://www.dol.gov/agencies/whd/government-contracts/sick-leave)
- [California Labor Commissioner: Paid sick leave FAQ](https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm)
- [Connecticut Department of Labor: Paid sick leave FAQs](https://portal.ct.gov/dol/divisions/legal/connecticut-leave-programs/paid-sick-leave-faqs)
- [New Jersey Department of Labor: Earned sick leave](https://www.nj.gov/labor/myworkrights/leave-benefits/sick-leave/)
- [New York State: Paid sick leave](https://www.ny.gov/programs/new-york-paid-sick-leave)
- [Minnesota DLI: Earned sick and safe time](https://www.dli.mn.gov/sick-leave)
- [Oregon BOLI: Sick time](https://www.oregon.gov/boli/workers/pages/sick-time.aspx)
- [Washington L&I: Paid sick leave](https://lni.wa.gov/workers-rights/leave/paid-sick-leave/)
- [Alaska DOLWD: Paid sick leave FAQ](https://labor.alaska.gov/lss/sick-leave-faq.html)