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 Washington State, while there is no federal mandate for paid sick leave, state law does require employers to provide paid sick leave. Under the Washington Paid Sick Leave law, which went into effect on January 1, 2018, employees must accrue at least one hour of paid sick leave for every 40 hours worked. This leave can be used for personal illness, care of a family member, closure of the employee's place of business, or for reasons related to domestic violence. The FMLA still provides for up to 12 weeks of unpaid leave for certain medical situations, and employees are eligible if they meet the criteria of having worked for the employer for at least 12 months, for 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. If an employee in Washington quits their job, the state law does not require employers to pay out accrued but unused paid sick leave, unless the employer's policy states otherwise.