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 Nevada, there is no federal mandate for paid sick leave. However, the Family and Medical Leave Act (FMLA) does require that eligible employees be provided with up to 12 weeks of unpaid leave for certain medical situations affecting themselves or immediate family members. To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, accumulated at least 1,250 hours of service in the past 12 months, and work at a location where the employer has at least 50 employees within 75 miles. While federal law does not require paid sick leave, and employers are not required to pay out unused sick leave upon an employee's departure unless mandated by the employer's policy or applicable state or local law, Nevada has its own regulations. As of 2020, Nevada law requires employers with 50 or more employees to provide paid leave that employees can use for any reason, including sick leave. This law allows employees to accrue at least 0.01923 hours of paid leave for each hour worked, which can be used after 90 days of employment. Employers in Nevada are not required to pay out unused sick leave upon termination unless their own policies state otherwise.