Consult state, local leave laws—They may override your policy

Q            Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that state they should be eligible upon being hired?

While you can maintain an internal policy stating employees will be eligible for sick leave after 90 days of employment, you must comply with applicable state and local sick leave laws, which may override your policy.

Many state and local laws require that employees be allowed to accrue sick leave immediately upon hire and may even specify when employees can begin using accrued leave. If your handbook imposes a waiting period that’s more restrictive than what the law allows, your policy would likely be unenforceable to the extent it conflicts with the law.

In states where there’s no law requiring employers to provide paid or unpaid sick leave, it’s up to employers’ discretion to decide whether to offer sick leave. In such cases, sick leave policies are governed by a company’s established policies or employment contracts.

So, if your employee handbook states employees will be eligible for sick leave after 90 days of employment and there are no laws stating otherwise, you’re legally permitted to enforce this policy.