Isabella TorresDoes your Arizona employer have to give you paid sick days? Since July 1, 2017, the answer for nearly all Arizona workers is yes — under the Fair Wages and Healthy Families Act (Proposition 206), codified at A.R.S. § 23-371 through § 23-381.
Here are the eight questions workers and HR managers ask most often about Arizona's paid sick leave law.
How Much Sick Leave Do I Earn in Arizona?
You earn 1 hour of paid sick time for every 30 hours worked, starting on your first day of employment. You can begin using it after 90 calendar days.
| Employer Size | Annual Accrual Cap | Carryover Allowed? |
|---|---|---|
| 15+ employees | 40 hours/year | Yes, up to 40 hours |
| Fewer than 15 employees | 24 hours/year | Yes, up to 24 hours |
Alternatively, employers may "front-load" the full annual amount at the start of the year rather than tracking hourly accrual. Whichever method is used, unused hours must carry over — Arizona does not permit "use it or lose it" policies that forfeit unused sick leave at year-end.
What Can I Use Arizona Sick Leave For?
The law is broader than most workers expect. You may use accrued sick time for:
- Your own health: Illness, injury, mental health condition, medical appointments, preventive care
- Family care: Caring for a sick or injured family member, accompanying them to medical appointments
- Domestic violence and safety: Absences related to domestic violence, sexual violence, abuse, or stalking — including time to seek legal protection, safe housing, or counseling
- Public health emergencies: Closures of the employee's workplace, school, or childcare due to a public health emergency
"Family member" is broadly defined and includes spouse, domestic partner, children (biological, foster, adopted, step), parents, grandparents, grandchildren, siblings, and anyone with whom the employee has an equivalent family relationship.
Key takeaway: If you need to leave work to obtain an emergency protective order after a domestic violence incident, Arizona sick leave covers that absence. This is one of the most protective provisions in the state's employment law.
Does the Law Cover Part-Time and Seasonal Workers?
Yes. The accrual formula (1 hour per 30 worked) applies to all employees regardless of whether they are full-time, part-time, temporary, or seasonal. Even a worker hired for a three-month holiday season accrues sick time on every hour they work.
Can My Employer Ask for Documentation?
Employers may request reasonable documentation for absences of three or more consecutive workdays. For shorter absences, they cannot require documentation. Acceptable documentation includes:
- A note from a healthcare provider (no specific medical details required — just confirmation of need for leave)
- Documentation of a domestic violence safety order or protective action
- A written attestation from the employee if documentation is not available or cannot be obtained at reasonable cost
Employers who require documentation for single-day absences or make workers feel they must explain routine sick days are creating anti-retaliation exposure under A.R.S. § 23-374.
What Notice Does My Employer Have to Give Me About Sick Leave?
Employers must provide employees with written notice of their sick leave rights when they are hired and annually thereafter. The Industrial Commission of Arizona provides a free model notice that satisfies this requirement.
The ICA notice (or an equivalent document prepared by the employer) must be posted in a conspicuous workplace location and given to new hires at the start of employment. Employers who fail to post are not automatically penalized but lose certain defenses in enforcement proceedings.
Does Sick Leave Pay Out When I Leave My Job?
No. Arizona's paid sick leave law does not require employers to pay out unused sick leave upon termination, resignation, or retirement. This contrasts with some states where accrued sick time is treated as earned wages.
However, if your employer's written policy promises a payout, that provision is contractually enforceable — the same analysis that applies to vacation payout under Arizona final paycheck law.
What Happens If My Employer Retaliates for Using Sick Leave?
Retaliation is a standalone violation under A.R.S. § 23-374. Prohibited retaliatory actions include:
- Termination, demotion, or discipline
- Reduction of hours or shifts after the employee uses sick leave
- Negative performance reviews that are influenced by sick leave use
- Threatening consequences for sick leave use
- Informing other employees or managers that the worker has taken sick leave
The ICA can order reinstatement, back pay, and civil penalties for retaliation. The retaliation provision extends to employees who inform coworkers of their rights — you cannot be punished for explaining sick leave rights to a colleague.
How Do I File a Sick Leave Complaint in Arizona?
If your employer has denied, retaliated for, or interfered with your sick leave rights, the complaint process runs through the Industrial Commission of Arizona:
- File a complaint (Form LI-170 or equivalent) with the ICA Labor Department within 1 year of the violation
- The ICA investigates at no cost to you; employers must cooperate with record requests
- Remedies: back pay, reinstatement, civil penalties of up to $250/day for notice violations and $1,000/violation for retaliation
- Private civil actions are also available for willful violations
For workers in the same company whose sick leave rights were denied systematically, collective complaints are possible and increase ICA enforcement priority.
For context on how Arizona's sick leave law interacts with final paycheck issues (especially whether sick balances carry over to a new owner after a business sale), see the Arizona Final Paycheck Law guide.
Legal disclaimer: This article provides general legal information and does not constitute legal advice. Consult a licensed Arizona employment attorney for guidance specific to your situation.
Does Arizona Sick Leave Run Concurrently with FMLA?
Yes, when an absence qualifies under both Arizona's paid sick leave law and the federal Family and Medical Leave Act (FMLA), both clocks can run simultaneously. The employer can designate the absence as FMLA leave and require the employee to use available paid sick leave to cover it — rather than letting the employee preserve all paid sick time for use after FMLA is exhausted.
The FMLA covers employers with 50 or more employees and provides up to 12 weeks of unpaid, job-protected leave per year for qualifying medical and family reasons. Arizona's sick leave law applies to all employers regardless of size. For small-employer workers not covered by FMLA, Arizona's sick leave is the primary state-level protection for extended health absences.
