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 family and medical reasons. 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 company employs 50 or more employees within 75 miles. In Rhode Island, the state has its own regulations regarding paid sick leave. The Rhode Island Healthy and Safe Families and Workplaces Act requires employers with 18 or more employees to provide paid sick leave. Employees can earn one hour of paid sick leave for every 35 hours worked, up to a maximum of 40 hours per year. If an employee leaves their job, whether they are paid for unused sick leave depends on the employer's policy or any applicable state laws. In Rhode Island, employers are not required to pay out accrued sick leave upon termination unless the employer's policy states otherwise.