Leave policy guide

United States (Federal)

Complete guide to US federal leave laws including FMLA, military leave, and jury duty. Understand employer obligations and employee rights under federal law.

0

Annual leave

11

Public holidays

country

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

Family and Medical Leave Act (FMLA)

Governing body

US Department of Labor

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No federal requirement for paid vacation. Employers set their own policies.

Pro-rata: Varies by employer policy

Carryover: Determined by employer policy. "Use it or lose it" policies are legal in most states.

Sick leave

Statutory: No

Paid days: Varies

Statutory pay: Varies

Eligibility: No federal requirement for private employers

Parental leave

Maternity: 12 weeks (FMLA)

Paternity: 12 weeks (FMLA)

Adoption: 12 weeks (FMLA)

Shared leave: 12 weeks combined if both parents work for same employer

Additional leave and compliance

Other leave types

Jury Duty: As needed for service (unpaid)

Military Leave (USERRA): Up to 5 years cumulative (unpaid)

Voting Leave: Varies by state (unpaid)

Record keeping and notice

Records: Maintain FMLA records for 3 years, Track hours worked for FMLA eligibility, Document FMLA requests and certifications, Keep payroll records showing leave taken

Employer notice: Provide FMLA eligibility notice within 5 business days of request

Employee notice: 30 days advance notice when leave is foreseeable

Penalties: FMLA violations: Back pay, benefits, and liquidated damages, Retaliation claims can result in reinstatement and additional damages, Civil penalties up to $189 per violation for willful FMLA violations

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Memorial Day: 2025-05-26

Juneteenth: 2025-06-19

Independence Day: 2025-07-04

Frequently asked questions

What is FMLA and who is covered?

The Family and Medical Leave Act provides eligible employees up to 12 weeks of unpaid, job-protected leave per year. To be eligible, you must work for an employer with 50+ employees, have worked for at least 12 months, and have logged at least 1,250 hours in the past year.

Is there federal paid family leave in the US?

No, there is no federal paid family leave law for private employers. However, several states have their own paid family leave programs including California, New York, Washington, and others.

Can employers deny FMLA leave?

Employers cannot deny FMLA leave to eligible employees for qualifying reasons. However, they can require medical certification and may deny leave if the employee does not meet eligibility requirements.

What is the difference between FMLA and state leave laws?

FMLA is the federal baseline providing unpaid job-protected leave. Many states have additional laws that may provide paid leave, cover more employers, or offer greater protections. Employees are entitled to the most generous benefit available.

Do federal holidays have to be paid?

Private employers are not required to pay for federal holidays or give time off. However, most employers observe major holidays. Federal employees receive these 11 holidays as paid days off.