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 North Dakota, there are no state-specific laws mandating private employers to provide paid sick leave to their employees. The state follows federal guidelines, which, as of the current legal framework, do not require employers to offer paid sick leave. However, under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for certain medical situations affecting themselves or immediate family members. Eligibility for FMLA leave requires the employee to have worked for the employer for at least 12 months, accumulated at least 1,250 hours of service in the past 12 months, and be at a worksite where 50 or more employees are employed by the employer within 75 miles. If an employee in North Dakota leaves their job without having used all of their accrued sick leave, the employer is generally not required to provide compensation for the unused time unless the employer's policy or other applicable laws state otherwise. It's important for employees and employers in North Dakota to review their company's specific policies regarding paid time off (PTO) and sick leave to understand their rights and obligations.