Tucson, AZ Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Local authority
- Preempted (ARS §23-204)
- State leave
- Prop 206 sick time
- Accrual
- 1 hr / 30 hrs worked
- Annual cap
- 40 hrs (15+ workers)
Summary
Tucson cannot create its own paid sick or family leave law because ARS §23-204 preempts most local employment regulation; instead, Arizona Prop 206 paid sick time applies statewide to most employers.
23-204. Employee benefits; state preemption; exemption; definition. A. The regulation of employee benefits, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. The regulation of nonwage employee benefits pursuant to this chapter and federal law is not subject to further regulation by a city, town or other political subdivision of this state. B. This section does not apply to any employee benefit, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, provided by a city, town or other political subdivision of this state to any of its employees. C. For the purposes of this section, "nonwage compensation" includes fringe benefits, welfare benefits, child or adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan or pension contributions, other employment benefits provided in 29 United States Code section 2611 and other amounts promised to the employee that are more than the minimum compensation due an employee by reason of employment.
Full Breakdown
Arizona Revised Statutes §23-204 preempts cities from regulating most aspects of employment, including most paid leave categories beyond those carved out by voter initiative. As a result, Tucson cannot enact stand-alone paid family or paid medical leave ordinances. Employees in Tucson instead receive earned paid sick time under Proposition 206 (2016): generally one hour of paid sick time per 30 hours worked, capped at 40 hours per year for employers with 15 or more employees and 24 hours for smaller employers. Federal FMLA may apply for unpaid family leave at qualifying employers.
Violations & Fines
Employers who deny accrued paid sick time, retaliate against employees who use it, or fail to keep required records face Industrial Commission complaints, back pay, and civil penalties under state law.
Frequently Asked Questions
Can Tucson require paid family leave?
Do part-time workers get paid sick leave?
Sources & Official References
Other rules in Tucson
Compare Tucson to another location·View the Arizona employment preemption overview
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