Handling sick leave accrual for multi-state employees

Q         We have an employee who works at two of our locations in different states. Are they eligible to receive accrued sick leave under both state laws, and should they accrue leave separately based on each state’s requirements?

Generally, the geographic location where the work is primarily performed dictates which state’s sick leave law applies. For example, if an employee resides in Idaho—a state that doesn’t require employers to provide paid or unpaid sick leave—but performs work primarily in Washington, then Washington’s sick leave laws will apply.

An employer with an employee who works at company locations in two different states may want to consider adopting a uniform leave policy based on the state that offers the most employee-friendly sick leave laws to better ensure compliance.

Kristyn B. Escalante is an attorney in the Boise office of Parsons Behle & Latimer. She can be reached at 208-562-4857 or kescalante@parsonsbehle.com.