There are currently no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family. In many instances paid leave under an employer’s paid time off (PTO) policy may be substituted for unpaid FMLA leave.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months; have worked for at least 1,250 hours over the previous 12 months; and work at a location where at least 50 employees are employed by the employer within 75 miles.
Because federal law does not require sick leave, if an employee quits their job before using all of their sick leave, the employer is not obligated to pay the employee for that time—unless the employer’s policy or state or other law requires the employer to pay the employee for unused sick leave.
Some states, cities, and counties may have laws that require employers to provide employees with paid sick leave.
In Connecticut, while there is no federal mandate for paid sick leave, the state has its own regulations that require certain employers to provide paid sick leave to their employees. Under Connecticut law, specifically the Connecticut Paid Sick Leave Act, service workers employed by businesses with 50 or more employees are entitled to accrue one hour of paid sick leave for every 40 hours worked, up to a maximum of 40 hours per year. This law does not apply to manufacturers or nationally chartered nonprofit organizations. The FMLA, on the other hand, mandates up to 12 weeks of unpaid leave for qualifying medical and family reasons, but it does not require paid leave. Eligibility for FMLA requires having worked for the employer for at least 12 months, accumulating at least 1,250 hours of work in the previous 12 months, and working at a location where at least 50 employees are employed by the employer within 75 miles. If an employee in Connecticut leaves their job without using all accrued paid sick leave, the employer is not required to pay out the unused time unless the employer's policy or collective bargaining agreement specifies otherwise.