Do You Get Paid for Sick Days? Understanding PTO Laws

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Understanding PTO laws and whether you get paid for sick days is crucial for navigating workplace benefits. This blog post explores the complexities of paid sick leave, the differences between PTO policies, and your rights as an employee. If you have questions or face issues with your employer, consulting an attorney near you can provide the guidance you need.

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Discover the ins and outs of paid sick leave and Paid Time Off (PTO) laws in the U.S. Learn whether you get paid for sick days, your rights as an employee, and what to do if your employer mishandles your time off. If you have questions, consult an attorney near you for guidance on your rights.

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Understanding the Family Medical Leave Act (FMLA)

Do You Get Paid for Sick Days? Understanding PTO Laws

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Mar 29, 2025 04:27 PM

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Do You Get Paid for Sick Days? Understanding PTO Laws

You wake up sick, barely able to get out of bed—but there’s still one nagging question: Do I get paid for this?

Paid sick leave and Paid Time Off (PTO) laws are some of the most misunderstood (and inconsistently applied) benefits in the American workplace. Many employees are shocked to learn that there’s no federal law guaranteeing paid sick days, and the rules can vary wildly depending on where you live and who you work for.

In this post, we’ll walk you through everything you need to know about whether you get paid for sick days, how PTO policies work, what laws protect you, and what to do if your employer denies or mishandles your earned time off. You’ll also learn when it’s time to speak with an attorney near you to enforce your rights.

💡 For every post in this series, scroll down to “Related Posts.”

What Is Paid Sick Leave?

Paid sick leave is time off that allows you to recover from illness or injury—or care for a sick loved one—without losing your income. Depending on your state or employer’s policies, you may earn sick time by the hour, per pay period, or receive a lump sum annually.

Common uses of paid sick leave include:

Personal illness or injury

Doctor’s appointments

Caring for a sick child, spouse, or parent

Recovery from surgery or medical treatment

Quarantine due to contagious illness

What Is PTO (Paid Time Off)?

Some employers bundle sick days, vacation days, and personal days into a single Paid Time Off (PTO) policy. Instead of tracking categories separately, you get a set number of hours or days you can use however you choose.

PTO offers flexibility—but it also means burning your sick days cuts into your vacation time, and vice versa.

Whether you have separate sick leave or a PTO bank, your employer must follow their own policy consistently—or they could be breaking labor laws.

Is Paid Sick Leave Required by Federal Law?

No—there is no federal law requiring private employers to offer paid sick leave.

The Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid leave for serious health conditions, but it doesn’t guarantee a paycheck.

That means it’s up to states, cities, and employers to decide whether paid sick days are provided—and how much you’re entitled to.

Which States Require Paid Sick Leave?

Several states (and cities) have stepped in to protect workers with paid sick leave laws, including:

California

New York

New Jersey

Massachusetts

Connecticut

Arizona

Colorado

Illinois (starting 2024)

Maryland

Oregon

Washington

Rhode Island

Vermont

Nevada

District of Columbia

Each law is different, but most require:

Sick time accrual based on hours worked

A minimum number of hours per year

Job protection while on sick leave

Legal penalties for employers who deny or retaliate

Not sure what your state provides? Talk to a lawyer near you who understands your local sick leave laws.

Can Your Employer Deny Paid Sick Time?

If your employer:

Refuses to let you use earned sick time

Requires unreasonable documentation

Punishes or disciplines you for calling out sick

Terminates you for using PTO

Applies policies inconsistently

They may be violating state law or employment contract terms—and you may have grounds to file a complaint or lawsuit.

You can also have a wrongful termination or retaliation claim if you’re fired for taking lawful leave.

Do You Accrue Sick Time or Get It All Upfront?

It depends on your employer and your state’s law:

Accrual model: You earn sick time as you work (e.g., 1 hour per 30 hours worked)

Frontload model: You get a full bank of hours at the start of the year

Employers must follow their stated policy. If they promise a frontload model but switch to accrual, that could be a breach of agreement.

Also, some states require unused sick time to roll over, while others allow a use-it-or-lose-it policy.

Can You Get Paid for Unused Sick Time When You Quit?

There’s no federal requirement for employers to pay out unused sick days when you leave a job. Whether you get paid depends on:

Your employer’s written policy

State law

Whether your PTO includes vacation (which may require payout)

Some states require employers to pay out all accrued PTO, while others only require vacation days to be paid—not sick time.

If your final paycheck seems short, or if your employer changed policy after your termination, contact a lawyer near you for help.

Can Employers Combine Sick Days and Vacation Days?

Yes—and it’s very common.

Combining sick, vacation, and personal days into a single PTO bank gives employees more flexibility, but also:

Makes it easier for employers to limit time off

Can confuse workers about what’s legally protected

Can lead to disputes over how PTO is accrued and used

When everything’s bundled, you may not be protected under specific sick leave laws. That’s why it’s important to review your employee handbook—and consult an attorney near you if something doesn’t add up.

What If Your Employer Changes the PTO Policy?

Employers can change PTO policies moving forward, but not retroactively. That means:

They must give you written notice

They can’t take back time you’ve already earned

They can’t implement changes that violate state or local law

If your employer suddenly reduces your PTO balance, increases restrictions, or targets you for using time off, you may have a claim.

Learn more in What to Do If You Were Fired After Filing a Complaint

Final Thoughts: Know Your Time, Use Your Rights

Whether it’s a headache or a hospital stay, you shouldn’t have to choose between your health and your paycheck. While the U.S. still lacks a national standard, many states and employers have stepped up to offer protections—and you deserve every hour you’ve earned.

If your employer is playing games with your time off, retaliating against you, or changing policies unfairly, ReferU.AI can help.

We connect you with a top-rated attorney near you who specializes in PTO, wage-and-hour law, and employee leave rights. Our platform is free, fast, and powered by real courtroom results—not just advertising.

Don’t lose your paycheck—or your job—over sick leave. Get legal help today with ReferU.AI.

Do You Get Paid for Sick Days? Understanding PTO Laws