Big Lots workers’ paid leave rights depend on state laws

After Big Lots filed voluntary Chapter 11 petitions on September 9, 2024, in the U.S. Bankruptcy Court for the District of Delaware, workers facing store closures and job shuffling should not assume sick time works the same way in every store, every state or every job classification. Federal law does not guarantee paid sick leave for private-sector workers, and it does not guarantee paid family and medical leave either, so the rules that matter most are often the ones attached to the state where the work is performed.

Start with the state law, not the handbook

As of December 2024, the Labor Department listed 18 states and the District of Columbia as having enacted paid sick leave laws for covered private employers. Paid sick time is usually for shorter absences, such as a cold, the flu, a doctor visit or care for a sick family member. The department also listed 13 states and the District of Columbia as having paid family and medical leave programs, which are designed for longer absences and replace part of a worker’s wages during qualifying time off.

That split is the first checkpoint for any Big Lots worker trying to plan time off. A same-day stomach bug, a pediatric appointment or a sick parent may fall under paid sick leave if your state or city requires it. Bonding with a new child or recovering from a serious health condition usually sits in the paid family and medical leave bucket, if your state has that program at all. For workers who transfer between stores, pick up hours in another city or handle remote administrative work, the key question is where the work is actually performed, because that often controls which law applies.

FMLA protects the job, not the paycheck

The federal Family and Medical Leave Act is not paid leave. Eligible employees of covered employers can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period, with group health benefits maintained during the leave. The law covers certain family and medical reasons, including the birth or placement of a child, caring for a spouse, child or parent with a serious health condition, or the worker’s own serious health condition.

That distinction is where a lot of workers get caught. FMLA can keep your job slot open, but it does not by itself replace wages. FMLA leave may run at the same time as employer-provided paid leave, and paid leave can be substituted for unpaid FMLA leave under the statute. If a Big Lots worker lives in a state with paid family and medical leave, that state wage replacement may soften the hit that FMLA leaves uncovered. If not, the time off may be protected but still unpaid.

Paperwork and timing can decide whether leave is protected

Notice rules matter. For foreseeable FMLA leave, employees generally must give 30 days’ advance notice when it is practicable to do so. If 30 days is not possible, the standard is as soon as practicable. Employers can also require medical certification for FMLA leave tied to a serious health condition, and the department provides forms workers can use to certify the need for leave.

The fine print gets even more important when schedules are unstable. Employees who fail to follow an employer’s usual and customary notice rules can face consequences absent unusual circumstances, and late notice can delay FMLA protection. Employers can also require periodic updates on status and intent to return to work. For a retail worker juggling shift changes, that means a quick text to a supervisor may not be enough if company policy calls for a specific call-in process or a doctor’s note.

Why Big Lots workers need to check twice

Big Lots’ operating picture has changed fast enough to make leave planning feel like another moving part of the job. Its annual report listed 1,392 stores as of February 3, 2024, and Big Lots employed about 27,700 workers around the bankruptcy filing. Big Lots later reached an asset purchase agreement with Gordon Brothers Retail Partners on December 27, 2024, and the bankruptcy court approved the sale order on January 2, 2025. The company also announced in December 2024 that it would close its remaining stores.

Store closings, transfers and reduced hours can change which state law applies, whether an absence is treated as sick leave or FMLA, and whether a missed shift is protected at all. The Labor Department’s state law pages and FMLA materials are the best starting points because they let workers compare employer policy with the state rules tied to the work location.

A practical checkpoint list before you miss a shift

Before taking time off, check these four things in order:

• Where are you actually working, and does that state or city require paid sick leave or paid family and medical leave? Those protections are not federal guarantees, and the answer can change by location.

• Is the time off short-term or long-term? Short absences for illness or medical visits usually fit paid sick leave; longer absences for bonding or serious health conditions may fit paid family and medical leave or FMLA.

• Do you need to use FMLA paperwork? If the leave is foreseeable, the default rule is 30 days’ notice when practicable, and the employer may require certification forms.

• Does your store or manager have a specific call-in rule? If you miss the usual notice process without a good reason, the employer can act on that failure, and the leave may not be protected on the timetable you expected.