23 states have passed paid leave preemption laws prohibiting cities and counties from requiring local employers to offer paid sick leave
| State | Preemption | Year enacted | Details | By | Law |
|---|---|---|---|---|---|
| Alabama | 1 | 2014 | Since 2014, Alabama has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Robert Bentley (R) and a Republican majority state legislature | Ala. Code § 11-80-16 |
| Alaska | 0 | ||||
| Arizona | 0 | ||||
| Arkansas | 1 | 2017 | Since 2017, Arkansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Asa Hutchinson (R) and a Republican majority state legislature | S.B. 668 (Ark. 91st Gen. Assem. Reg. Sess. 2017) |
| California | 0 | ||||
| Colorado | 0 | ||||
| Delaware | 0 | ||||
| Florida | 1 | 2013 | Since 2013, Florida has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Fla. Stat. § 218.077 | |
| Georgia | 1 | 2004 | Since 2004, Georgia has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Sonny Perdue (R), a Republican majority state senate, and a Democratic majority state house | Ga. Code Ann. § 34-4-3.1 |
| Hawaii | 0 | ||||
| Idaho | 0 | ||||
| Illinois | 0 | ||||
| Indiana | 1 | 2013 | Since 2013, Indiana has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Mike Pence (R) and a Republican majority state legislature | Ind. Code § 22-2-16-3 |
| Iowa | 1 | 2017 | Since 2017, Iowa has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Terry Branstad (R) and a Republican majority state legislature | Iowa HF 295 (Reg. Session 2017) |
| Kansas | 1 | 2013 | Since 2013, Kansas has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Sam Brownback (R) and a Republican majority state legislature | Kan. Stat. Ann. § 12-16,130 |
| Kentucky | 1 | 2017 | Since 2017, Kentucky has prohibited its cities and counties from requiring employers to provide employees with any “fringe benefit,” such as paid leave. | Gov. Matt Bevin (R) and a Republican majority state legislature | HB3, 2016 Reg. Sess. (KY. 2017) |
| Louisiana | 1 | 2012 | Since 2012, Louisiana has prohibited its cities and parishes from requiring employers to provide employees paid sick days or paid family leave. | Gov. Bobby Jindal (R) and a Republican majority state legislature | La. Rev. Stat. Ann. § 23:642 |
| Maine | 1 | 2019 | In 2019, Maine passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards. | Gov. Janet Mills (D) and a Democratic majority state legislature | 2019 ME L.D. 369 |
| Maryland | 1 | 2018 | In 2018, Maryland passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards. | Democratic majority state legislature override of (R) Gov. Larry Hogan’s veto. | H.B. 1 (Reg. Session 2018) |
| Massachusetts | 0 | ||||
| Michigan | 1 | 2015 | Since 2015, Michigan has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Rick Snyder (R) and a Republican majority state legislature | Mich. Comp. Laws § 123.1388, § 123.1391 |
| Mississippi | 1 | 2013 | Since 2013, Mississippi has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Phil Bryant (R) and a Republican majority state legislature | Miss. Code Ann. § 17-1-51 |
| Missouri | 1 | 2015 | Since 2015, Missouri has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | A Republican majority state legislature, who overrode Gov. Jay Nixon’s (D) veto to pass the law | Mo. Rev. Stat. § 285.055.1 |
| Montana | 0 | ||||
| Nevada | 0 | ||||
| New Hampshire | 0 | ||||
| New Jersey | 1 | 2018 | In 2018, New Jersey passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards. | Gov. Phil Murphy (D) and a Democratic majority state legislature | A.1827 (Reg. Session 2018) |
| New Mexico | 0 | ||||
| North Carolina | 1 | 2016 | Since 2016, North Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Pat McCrory (R) and a Republican majority state legislature | N.C. Gen. Stat. § 95-25.1 |
| North Dakota | 0 | ||||
| Ohio | 1 | 2016 | Since 2016, Ohio has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. John Kasich (R) and a Republican majority state legislature | Ohio Rev. Code § 4113.85 |
| Oklahoma | 1 | 2014 | Since 2014, Oklahoma has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Mary Fallin (R) and a Republican majority state legislature | Okla. Stat. tit. 40, Ch. 5 § 160 |
| Oregon | 1 | 2015 | In 2015, Oregon passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards. | Gov. Kate Brown (D) and a Democratic majority state legislature | Or. Rev. Stat. § 653.661 |
| Pennsylvania | 0 | ||||
| Rhode Island | 1 | 2017 | In 2017, Rhode Island passed a law requiring employers statewide to provide paid sick leave. However, the law also prohibited cities and counties from establishing paid sick leave requirements that differ from the state standards. | Gov. Gina Raimondo (D) and a Democratic majority state legislature | R.I. H. 5413 Substitute B (Reg. Session 2017) |
| South Carolina | 1 | 2017 | Since 2017, South Carolina has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Henry McMaster (R) and a Republican majority state legislature | S. Carolina S. 218 (Reg. Session 2017) |
| South Dakota | 0 | ||||
| Tennessee | 1 | 2013 | Since 2013, Tennessee has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. | Gov. Bill Haslam (R) and a Republican majority state legislature | Tenn. Code Ann. § 7-51-1802 |
| Texas | 0 | ||||
| Utah | 0 | ||||
| Virginia | 0 | ||||
| West Virginia | 0 | ||||
| Wisconsin | 1 | 2011 | Since 2011, Wisconsin has prohibited its cities and counties from requiring employers to provide employees paid sick days or paid family leave. Any existing local paid leave ordinances (including an ordinance in Milwaukee) were repealed. | Gov. Scott Walker (R) and a Republican majority state legislature | Wis. Stat. § 103.10(1m) |
| Wyoming | 0 | ||||
| Washington D.C. | 0 | ||||
| Washington | 0 | ||||
| Minnesota | 0 | ||||
| Nebraska | 0 | ||||
| New York | 0 | ||||
| Connecticut | 0 | ||||
| Vermont | 0 |
Note: New Jersey and Oregon have enacted statewide paid sick days laws that guarantee paid sick days for most workers, but also prohibit localities from passing more generous policies.
Source: Worker rights preemption in the U.S., the Economic Policy Institute’s preemption law tracker