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 Oregon, state law complements the federal Family and Medical Leave Act (FMLA) by mandating that certain employers provide paid sick leave. Under Oregon law, employers with 10 or more employees (6 or more in Portland) must provide up to 40 hours of paid sick leave per year. Smaller employers are required to provide unpaid sick leave. This applies to all employees who work at least 90 days in a year. The leave accrues at a minimum rate of one hour of sick time for every 30 hours worked. Employees can use this leave for their own illness or to care for a family member, as well as for certain public health emergencies. If an employee leaves their job, Oregon does not require employers to pay out accrued but unused sick leave unless the employer's policy states otherwise. This state-specific regulation ensures that many workers in Oregon have access to paid sick leave, going beyond the federal FMLA provisions which do not mandate paid leave.