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Arizona Paid Sick Time Law Violations

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Arizona workers have a legal right to take paid sick time. If your employer denied leave, refused to pay, retaliated against you for using it, or violated the Arizona sick leave policy in any way, you may be entitled to legal relief.

Whether your hours were miscalculated or your paid sick leave request was flatly denied, Stone Rose Law will help you evaluate your legal options and take action. Call (480) 498-8998 now to speak directly with a lawyer who handles Arizona sick leave violations.

Why Choose Stone Rose Law for Arizona Sick Time Disputes?

At Stone Rose Law, we bring deep experience and a results-driven approach to every case. Employment disputes involving paid sick leave often come down to the details.

Our attorneys know how to gather evidence, expose willful violations, and pursue compensation through the Arizona Industrial Commission or in court. When you’re dealing with a denied sick leave claim, retaliation, or illegal sick time practices, Stone Rose Law is ready to protect you.

Arizona Sick Time Law

Arizona enacted the Fair Wages and Healthy Families Act (A.R.S. § 23-371 through § 23-38) in 2016. This established the guidelines for Arizona paid sick leave.

The law created statewide minimum wage standards to ensure fair wages and established paid sick leave rights for all Arizona workers. These provisions require almost every employer in the state to provide paid sick leave.

Most workers are entitled to accrue paid leave. How many hours of earned paid time depends on Arizona paid sick time law.

The employer’s payroll system should track and account for each employee’s earned paid sick time.

How much sick time someone earns also depends on circumstances such as hours worked in a normal work week. Hours of earned paid time should be communicated upon employee request.

Companies should make a good faith effort to educate employees on Arizona paid sick leave and federal rules.

Who is Covered Under Arizona Paid Sick Leave?

Arizona employees began accruing paid sick time on July 1, 2017, if they were already employed. If hired after that date, accrual is based on their start date.

The law applies to all Arizona employers, regardless of size. All regular employees are eligible to earn paid sick leave.

Independent contractors are not covered, although employers sometimes misclassify workers in violation of the law.

Sick Time Accrual Rules

Eligible employees earn 1 hour of paid sick time for every 30 hours worked.

Employees working for an employer with 15 or more employees can earn up to 40 hours of sick leave annually. Employees working for an employer with fewer than 15 employees can earn up to 24 hours of sick leave annually.

Employers can choose to provide the full amount at the start of the year or allow accrual throughout. Unused earned sick time must be rolled over into the next year up to the allowable maximum.

Usage and Waiting Period

Employees are entitled to use paid sick time for their own health needs or to care for family members. Employees can begin using sick time after 90 calendar days of employment.

The leave can be used for:

  • Mental or physical illness, injury, or medical care
  • Preventative medical care (such as check-ups or vaccinations)
  • Care of a sick family member
  • Absences related to domestic violence, sexual violence, abuse, or stalking
  • Closure of the employee’s workplace or child’s school due to a public health emergency

Unused earned sick time must be rolled over into the next year up to the allowable maximum.

Additional Rules for Using Paid Sick Leave

While companies can enact legally sound policies that require reasonable documentation or provide advance notice in circumstances where such notice is possible, employers cannot use these in bad faith to deny sick leave.

Moreover, employers cannot require employees to find a replacement or work extra hours to make up for the time off. This means employers cannot deny paid sick time even if the employee works at an hourly rate.

The point of the law is for workers to use earned paid sick time. When employees use earned paid sick time, they protect their coworkers from illness.

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Common Arizona Sick Leave Law Violations

Employers can violate sick leave rights in various ways. Understanding these violations is critical to recognizing when you may have a case.

1. Denying Sick Leave

Some employers refuse to grant sick time even when employees have accrued hours. They may claim the timing is inconvenient or impose unlawful restrictions that go beyond what the law allows.

2. Failure to Accrue Properly

If your employer fails to calculate your hours correctly or doesn’t credit your paid sick time accurately, that’s a violation. This often happens with hourly, part-time, or seasonal workers whose hours fluctuate.

3. Requiring Documentation Too Soon

Employers can request reasonable documentation. However, rules apply.

Arizona law only allows employers to ask for documentation after three consecutive days of absence. If your employer demands a doctor’s note after a single day off, they are not in compliance.

4. Retaliation

This includes:

  • Demotions, termination, or reduction of hours after taking sick leave
  • Negative performance reviews or warnings used as pretext
  • Creating a hostile work environment due to sick leave usage

Even if the original sick leave denial is unclear, retaliation is a standalone legal issue.

5. Misclassifying Employees

Some employers mislabel employees as independent contractors to avoid sick leave obligations.

6. Failing to Provide Records

Employers must either provide a pay stub or another document showing your accrued and used sick time. Employers must retain paid sick leave records for at least 4 years.

7. Denying Leave for Domestic Violence or Public Health Events

Many employees don’t realize that Arizona’s law protects victims of domestic violence and abuse, as well as workers impacted by public health emergencies. Denial of sick leave in these scenarios is unlawful.

Can an Employer Deny a Sick Day?

Only under narrow circumstances. If you’ve accrued paid sick time and your absence qualifies under the law, your employer cannot deny it.

Even if your employer is short-staffed or unhappy about your absence, they are legally required to honor your request if it aligns with policy and statutory protections. Denials are only legitimate if:

  • The employee has not accrued enough paid sick time
  • The request is not related to a protected use
  • The employee fails to follow lawful advance notice procedures

Employers are prohibited from retaliating against employees for using paid sick time or for asserting their rights.

Do Arizona Employers Have to Pay Out Accrued Sick Time at Termination?

The default rule is no—Arizona employers are not required to pay unused time to Arizona employees upon separation.

However, there are exceptions to paying out unused sick leave:

  • If sick leave is part of a general PTO bank, and the employer’s policy states that unused PTO is paid out, then sick leave may be included in the final paycheck.
  • If the employment contract, offer letter, or written policy explicitly promises sick leave payout, failure to pay may constitute a breach of contract.

Stone Rose Law can review your policy documents and help you determine whether a sick leave payout at termination is required in your case.

What Makes a Strong Sick Time Case?

Not every instance of confusion or denial is enough to justify a legal case. Strong claims usually have:

  • Documented accrual of earned sick leave
  • A valid health condition under the statute
  • Clear denial or retaliation, either verbal, written, or implied
  • Emails, written policy, text messages, or HR records that show leave was requested and denied or punished
  • Witnesses who can attest to similar patterns or discriminatory enforcement

More evidence leads to a stronger case, but you don’t need to have everything in place before reaching out. Our firm can help investigate and build your case.

What Are My Legal Remedies if I’m Denied Earned Paid Sick Time?

Arizona law offers several remedies for employees whose rights have been violated under the sick leave statute.

You may be entitled to:

  • Back pay for hours you should have been paid
  • Liquidated damages—double the back pay amount in some cases
  • Civil penalties against the employer
  • Reinstatement or correction of your employment record
  • Attorney’s fees and costs

In addition to filing a complaint with the Industrial Commission of Arizona, you may also have the right to pursue a private lawsuit.

How Stone Rose Law Can Help You Understand Paid Sick Leave Law

Stone Rose Law represents Arizona workers across industries and employment levels.

We work efficiently and strategically to recover the compensation you deserve. No employer is above the law.

Schedule a Free Consultation With Stone Rose Law

Stone Rose Law helps employees assert their rights under Arizona’s paid sick time laws. We’ll review your case, explain your legal options, and fight for the outcome you deserve.

Call (480) 498-8998 or contact us online to schedule your consultation.