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.

Under federal law, there is no mandate for employers to provide paid sick leave. However, the Family and Medical Leave Act (FMLA) does require covered employers to provide up to 12 weeks of unpaid leave for certain medical situations affecting the employee or their immediate family members. To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, have at least 1,250 hours of service in the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles. In New Mexico, as of the knowledge cutoff in 2023, there is no state statute that requires employers to provide paid sick leave. Therefore, if an employee in New Mexico leaves their job without having used all their accrued sick leave, the employer is not required to compensate the employee for the unused time unless the employer's policy specifically provides for such payment. It's important for employees to review their employer's PTO policy and any applicable local laws to understand their rights regarding sick leave.