Arizona Sick Time Violations: Signs Your Employer Owes You

Your rights at a glance

• Your employer usually cannot deny paid sick time you have already earned.
• Nearly all employees qualify, including part-time, temporary, and seasonal workers.
• You typically earn one hour of sick time for every 30 hours worked.
• Retaliation for using sick time is illegal under Arizona law.
• Attorneys' fees are paid by the employer.

If any of these apply to your situation, speak with an attorney about your rights.

Arizona law requires nearly every employer in the state to provide paid sick time, and in most cases, your employer cannot deny you the sick time you have already earned. That yes-or-no answer is only where your questions begin.

This article explains how paid sick time works in Arizona, who qualifies, how much you earn, what counts as a violation, and what you can do if your employer denies, miscalculates, or retaliates against you for using your sick time.

What is paid sick time?

Paid sick time is leave you earn for every hour you work and can use, with pay, when you or a family member is sick or facing certain emergencies. Arizona created this right under the Fair Wages and Healthy Families Act, and it applies to almost every employer in the state.

The Industrial Commission of Arizona describes it as leave compensated at the same hourly rate, no less than minimum wage, and with the same benefits you would have received for the hours you were scheduled to work.

Earned paid sick time

Paid leave you build up as you work, which you can use for illness or certain emergencies at your normal hourly rate.

You can use paid sick time for your own illness, for medical or preventive care, to care for a family member who is ill or needs care, during a public health emergency, or for absences connected to domestic violence, sexual violence, abuse, or stalking involving you or a family member.

You request it from your employer orally, in writing, electronically, or by any other means your employer accepts, and when you can, your request should include how long you expect to be out.

Who qualifies for paid sick time in Arizona?

Almost every full-time, part-time, temporary, and seasonal employee in Arizona qualifies for paid sick time, in both the public and private sectors. Independent contractors are the main exception. If your employer has classified you as an independent contractor, it is worth checking whether that classification is correct, because misclassified workers are often employees entitled to far more protection than they realize.

Paid sick time vs. sick leave: key differences

In Arizona, "paid sick time" and "sick leave" are often used to mean the same thing, but they are two different kinds of protection. The differences below explain how Arizona's paid sick time law compares to general sick leave.

1. Legal Mandate and Coverage. Paid sick time is required by the Fair Wages and Healthy Families Act, so every qualifying employee is entitled to accrue and use it under state law. Sick leave, by contrast, may not be legally required and is usually set by the employer's own policy, unless you are entitled to leave as a reasonable accommodation under the Americans with Disabilities Actor eligible for leave under the Family and Medical Leave Act.

Sick leave can be paid or unpaid and may or may not be offered on top of the paid sick time the state requires. The Family and Medical Leave Act is a separate federal law that lets eligible employees take unpaid, job-protected leave for certain family and medical reasons. If you are weighing your options, it is worth asking a lawyer whether you qualify for protection under the Americans with Disabilities Act or the Family and Medical Leave Act rather than relying only on your employer's internal policy.

2. Accrual and Use. In Arizona, you earn paid sick time based on the hours you work, with clear annual limits, and you can use it for the specific purposes the law defines. Sick leave policies vary by employer and may not track hours at all; an employer might offer a set number of days a year or grant leave case by case. Your rights under the Family and Medical Leave Act and the Americans with Disabilities Act can also apply alongside your employer's policy.

3. Compensation. Paid sick time is paid at your regular rate, so you do not lose income when you take time off for a health reason. Sick leave may or may not be paid, depending on your employer's policy; some employers pay it, and others offer unpaid leave once you have used your paid sick time.

4. Flexibility and Additional Benefits. Paid sick time in Arizona is defined by statute and is meant to cover essential health-related absences, so there is limited flexibility in how it is earned and used. Sick leave gives employers room to offer more, such as combining it with paid time off or vacation, though those benefits come with their own rules.

The law about paid sick time in Arizona

Paid sick time in Arizona is governed by the Fair Wages and Healthy Families Act, which voters approved as Proposition 206 in November 2016 and which took effect on July 1, 2017. The Act set new paid sick time requirements for nearly all private-sector employees in the state, with the amount tied to the size of the employer.

Key provisions of the Fair Wages and Healthy Families Act

Under the Act, you earn one hour of paid sick time for every 30 hours you work, and the annual amount depends on how many people your employer has. Employees at businesses with 15 or more workers can earn up to 40 hours of paid sick time per year. Employees at businesses with fewer than 15 workers can earn up to 24 hours per year. Both groups accrue at the same rate of one hour for every 30 hours worked.

Accrual

The way you gradually build up sick time as you work, earning one hour for every 30 hours on the job.

📌 Arizona Law

You begin accruing paid sick time on your very first day of work, even though your employer may require you to wait 90 days before you are allowed to use it.

You start accruing paid sick time on your first day of employment, although your employer may require you to wait 90 days before you use it.

Paid sick time under the Act can be used for your own illness, injury, or health condition; for medical diagnosis, care, or preventive treatment; to care for a family member who is ill or needs care; for absences related to domestic violence, sexual violence, abuse, or stalking; and during public health emergencies that affect you or your child's school or daycare.

Employer responsibilities and compliance

Employers have several duties under the Fair Wages and Healthy Families Act. They must give employees written notice of their rights, keep accurate records of hours worked and sick time accrued and used, and show their accrued, used, and available paid sick time on their regular pay statements.

⚖ Your Right

Your employer can ask for a doctor's note only when you use sick time for three or more days in a row, and cannot make you find someone to cover your shift as a condition of taking the sick time.

Your employer may ask for reasonable documentation only if you use paid sick time for three or more consecutive days. Your employer also cannot require you to find someone to cover your shift as a condition of taking sick time.

The Act prohibits retaliation against employees who use paid sick time or raise concerns about their right to it, and retaliation can take the form of firing, demotion, reduced hours, or another adverse action. There is a presumption of unlawful retaliation when an employer fires you or takes an adverse action against you within 90 days of you asserting your paid sick time rights.

Employees who believe they were retaliated against can file a complaint with the Industrial Commission of Arizona or file a civil lawsuit. Employers who violate the Act may owe civil penalties, back pay, reinstatement, and mandatory minimum damages for unlawful retaliation, and you may be able to recover your attorneys' fees and costs.

Signs your employer may be violating the law

Your employer may be violating Arizona's paid sick time law if you recognize any of the situations below. These are the most common ways employers fail to comply with the Fair Wages and Healthy Families Act:

• Your employer never provided the paid sick time you earned based on the hours you worked.

• Your employer miscalculated how much sick time you accrued or used, so your balance is lower than it should be.

• Your employer denied a request to use accrued sick time for a qualifying reason, such as your own illness or caring for a family member.

• Your employer never told you that you were entitled to paid sick time or never showed your balance on your pay stubs.

• Your employer fired you, cut your hours, demoted you, or punished you in another way after you used or asked about your sick time.

Does this sound familiar?

My employer never provided the paid sick time I earned. My employer miscalculated the sick time I accrued or used. My employer denied my request to use it for a qualifying reason. My employer never showed my sick time balance on my pay stubs. My employer punished me after I used or asked about sick time.

Based on what you've checked, you may have a valid claim. Talk to an employment attorney about your situation.

Tell us what happened.

Attorneys' fees and costs are required to be paid by the employer under Arizona law, so hiring the firm carries no out-of-pocket cost to you.

Speak with an attorney about your rights

FAQ

• Can my employer deny my paid sick time in Arizona?

  No. If you have earned the time and are using it for a reason the law covers, your employer generally cannot deny it. Once you have accrued paid sick time and passed any 90-day waiting period, your employer cannot refuse your request or make you find a replacement worker as a condition of taking the paid sick time. Denying earned, eligible sick time may violate the Fair Wages and Healthy Families Act.

• Do part-time employees get paid sick days in Arizona?

  Yes. Part-time employees are entitled to paid sick time in Arizona under the Fair Wages and Healthy Families Act, and so are full-time, temporary, and seasonal employees. You earn one hour of paid sick time for every 30 hours you work, starting on your first day, regardless of how many hours a week you are scheduled.

• How much paid sick time can I earn in Arizona?

  You earn one hour of paid sick time for every 30 hours you work. If your employer has 15 or more employees, you can earn and use up to 40 hours per year. If your employer has fewer than 15 employees, you can earn and use up to 24 hours per year. Your employer may also choose to give you the full amount at the start of the year.

• Can I be fired or retaliated against for using sick time?

  No. Your employer cannot legally retaliate against you for using or requesting paid sick time in Arizona. Illegal retaliation includes firing, demotion, reduced hours, or another adverse action, and Arizona law even presumes unlawful retaliation when an employer takes an adverse action against you within 90 days of you asserting your sick time rights. The firm handles these anti-retaliation cases.

• Does sick time get paid out if you quit?

  It depends. In Arizona, employers are not required to pay out unused paid sick time when your employment ends, regardless of the reason, unless the employer has a policy or practice of doing so. If your employer's written policy, offer letter, or a general paid-time-off bank promises a payout or they've paid out other employees, failing to pay it may be a separate wage issue worth reviewing.

• What can I use paid sick time for?

  You can use paid sick time for your own illness, injury, or health condition; for medical diagnosis, care, or preventive treatment; to care for a family member who is ill or needs care; for a public health emergency affecting you or your child's school or daycare; and for absences related to domestic violence, sexual violence, abuse, or stalking involving you or a family member.