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If an employer chooses to offer sick leave on an accrual basis, some employees may earn less than five days or 40 hours per year without any violation of the paid sick leave law.
Specifically, under the accrual method where employees earn one hour of sick leave for every 30 hours that they work, an employee who works less than 1,200 hours throughout the course of a year will not accrue a full 40 hours of sick leave.
For example, an employee who works one eight-hour day per week would work 416 hours each year, and based on the one hour for every 30 hours worked method would accrue a little less than 14 hours of paid sick leave. Even though the employee will earn less than 40 hours of sick leave, an employer using this method is not in violation of the law.
Note that the lump sum method and other accrual methods permitted under the law will always result in a minimum of 40 hours or five days of accrual per year. It is only the one hour for every 30-hour method that may result in a lower annual accrual.
Read more about Calculating Leave – Employer Options in the HR Library.