Yes, many part-time employees earn PTO because many U.S. state laws now mandate employers to provide paid sick leave to part-time employees once they work a certain number of hours. Outside these specific states, employers usually decide if part-time workers earn paid vacation through their own company policies. Risk appears when a firm assumes all PTO is optional and ignores these local mandates.
States that mandate sick leave for part-time staff
In 2026, part-time workers are legally entitled to earn mandatory paid time off or paid sick leave in AK, AZ, CA, CO, CT, IL, MD, MA, MI, MN, ME, NE, NV, NJ, NM, NY, OR, RI, VT, and WA. While most of these states mandate leave specifically for sick or safe time, IL, ME, and NV have broader "paid leave for any reason" laws.
How part-time staff earn time off
Most employers use a prorated system. This ensures that if a person works 20 hours a week, they earn half as much leave as a peer who works 40 hours. Companies often set a "waiting period" where a worker must stay with the firm for 90 days before they can use the time they earn.Â
In states that demand sick leave, part-time employees typically accrue leave based on hours worked, most commonly at a rate of one hour for every 30 or 40 hours of labor.
Common policy approaches
- Track every hour: Workers earn a set fraction of an hour for every hour they work.
- Set hour thresholds: Only staff who work more than 20 or 30 hours per week earn leave.
- Grant fixed banks: Firms give a smaller, set amount of time at the start of the year.
Where risk appears
Risk appears when the employee handbook does not match the payroll system. If the handbook promises leave but the payroll tool does not track it, the company triggers an "audit hole." Problems also arise when managers promise leave that the written policy does not contemplate. These errors frequently lead to wage claims or legal disputes when a worker leaves the company.
What to define in the policy
HR must state exactly who earns PTO and how the system calculates those hours. The policy should explain how the firm handles leave if a worker moves from part-time to full-time. It also helps to cap how much time a person can save so the firm does not carry too much debt on its books.
TL;DR
- Employers usually decide if part-time workers earn paid vacation through their own company policies.
- But many U.S. state laws now require firms to provide paid sick leave to part-time staff
- HR must sync the handbook with the payroll tool to prevent pay mistakes.