Legal Disclaimer: This article provides general information about nanny employment topics and is not legal, tax, or financial advice. Laws vary by state and locality. Consult a qualified attorney, CPA, or tax professional for advice specific to your situation.
There is no federal law requiring paid sick leave for household employees. However, a growing number of states and cities have passed their own paid sick leave mandates — and many of them explicitly include domestic workers. If you employ a nanny in one of these jurisdictions, providing paid sick leave is not optional. It is the law.
This guide breaks down which states require paid sick leave for nannies, how accrual works, and what you need to include in your employment contract.
Over 15 states mandate paid sick leave for domestic workers, with annual entitlements ranging from 24 to 48 hours. Even where not required, providing 5 to 7 paid sick days is the industry standard. Accrual typically starts on day one, and you cannot retaliate against a nanny for using accrued sick leave.
State Paid Sick Leave Requirements
| State | Annual Entitlement | Accrual Rate | Applies to Household Employers? |
|---|---|---|---|
| California | 40 hours (5 days) | 1 hour per 30 hours worked | Yes |
| New York | 40 hours (5 days) | 1 hour per 30 hours worked | Yes (employers with 5+ employees get paid; fewer get unpaid) |
| Washington | 40 hours | 1 hour per 40 hours worked | Yes |
| Massachusetts | 40 hours | 1 hour per 30 hours worked | Yes, but unpaid for employers with fewer than 11 employees (i.e., virtually all households) |
| Connecticut | 40 hours | 1 hour per 30 hours worked | Phasing in: 11+ employees in 2026; every employer — including households with one nanny — from January 1, 2027 |
| Illinois | 40 hours | 1 hour per 40 hours worked | Yes |
| Colorado | 48 hours | 1 hour per 30 hours worked | Yes |
| Washington, D.C. | 24-56 hours (based on employer size) | 1 hour per 37/43/87 hours worked | Yes |
| New Jersey | 40 hours | 1 hour per 30 hours worked | Yes |
| Oregon | 40 hours | 1 hour per 30 hours worked | Yes, but unpaid for employers with fewer than 10 employees (6 in Portland) |
Important: Many cities (San Francisco, New York City, Seattle, Chicago, Philadelphia, and others) have their own sick leave ordinances that may provide greater protections than the state law. Always check both state and local requirements.
This table is not exhaustive. A wave of newer state laws also covers household employers, including Arizona (Prop 206), New Mexico (64 hours), Minnesota (ESST), Michigan (ESTA), Nebraska, Alaska, Vermont, Rhode Island, and Maryland. If your state is not listed above, check your state labor department before assuming no sick leave obligation exists — our nanny tax guide tracks state-by-state requirements.
How Sick Leave Accrual Works
Most state laws allow two approaches to providing sick leave:
- Accrual method: The nanny earns sick leave hours over time (typically 1 hour per 30 or 40 hours worked), with a cap on the total amount.
- Front-loading: You grant the full annual entitlement at the start of each year or anniversary date. This eliminates the need to track accrual and is simpler for household employers.
Accrual begins on the nanny's first day of work, though some states allow a waiting period (typically 90 days) before the nanny can use accrued leave. Track sick leave balances and include them on pay stubs where required by state law.
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State sick leave laws typically allow employees to use accrued leave for:
- The employee's own physical or mental illness, injury, or medical appointment
- Caring for a sick family member (defined broadly in most states)
- Reasons related to domestic violence, sexual assault, or stalking
- Public health emergency closures (school or childcare closures)
Best Practices for Household Employers
- Document it. Include your sick leave policy in the nanny contract with accrual rates, caps, and usage rules.
- Track it. Maintain a log of accrued, used, and remaining sick leave. Include the balance on pay stubs.
- Do not retaliate. You cannot fire, demote, or reduce hours because your nanny uses protected sick leave. Anti-retaliation provisions carry significant penalties.
- Exceed minimums. Offering more than the legal minimum shows you value your nanny's well-being and helps attract better candidates. Most families in the Beverly network offer 5 to 7 sick days regardless of state requirements.
For the complete picture on employer obligations, see our nanny tax guide.
Legal Disclaimer: This article provides general information about nanny employment topics and is not legal, tax, or financial advice. Laws vary by state and locality. Consult a qualified attorney, CPA, or tax professional for advice specific to your situation.
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