Leave Policies in The United States

Mandatory Leave Policies in the United States

In the United States, there is no federal mandate for paid annual leave. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

Public Holidays in the United States

Employees in the United States observe 11 federal public holidays per year. The U.S. has the following national holidays in 2025:

Types of Leave in the United States

Sick Leave

Sick leave in the United States falls under the jurisdiction of the Family and Medical Leave Act (FMLA), providing up to 12 weeks of unpaid leave and specifically addressing serious illnesses. Eligibility is determined based on the following:

• Employment at least 12 months with the same employer
• Completion of a minimum of 1,250 work hours over the past 12 months
• Work location with 50 or more employees within a 75-mile radius
• Qualification for sick leave under FMLA involves a serious illness, injury, impairment, or hospitalization of the employee or an immediate family member or addressed by a healthcare provider

Employers may require documentation, such as medical certificates, to substantiate the need for sick leave.

Paid Time Off

In the United States, it is not legally required to compensate employees for time taken off for vacation or holidays. According to the Center for Economic and Policy Research, the U.S. stands as the sole advanced economy worldwide that does not ensure paid vacation days and holidays for its workforce.

Employers typically determine their own policies regarding vacation time, including how leave accrues over time and whether unused leave carries over. Some employers offer a set number of days per year, while others provide leave that accrues based on hours worked.

Maternity, Paternity, and Parental Leave

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave for the birth and care of a newborn, adoption, or foster care placement. This applies to both mothers and fathers. To qualify, the employee must:

• Have worked at least 12 months with the same employer
• Completed a minimum of 1,250 work hours over the past 12 months
• Work location with 50 or more employees within a 75-mile radius

Compensation during this period is not mandated federally and depends on employer policies or state laws.

Family and Emergency Leave

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave to care for a seriously ill family member, such as a spouse, child, or parent. This provision can be used for situations like bereavement or family emergencies.

Special Leave Types

Unpaid leave, sabbaticals, career breaks, and study leave are not mandated by federal law in the United States. These types of leave are typically offered at the discretion of employers and may vary widely between organizations.

Best Practices for Implementing Leave Policies in the United States

• Develop Comprehensive Leave Policies: Clearly outline all types of leave available, including eligibility criteria and procedures for requesting leave.
• Stay Informed on State and Local Regulations: Be aware of and comply with state or local laws that may mandate specific leave requirements beyond federal regulations.
• Communicate Policies Effectively: Ensure that all employees are informed about their leave entitlements and the procedures to request leave.
• Maintain Accurate Records: Keep detailed records of leave taken to ensure compliance with company policies and legal requirements.

Providing Leave Benefits in the United States With an EOR

A competitive compensation package is critical to attract and retain the best talent, but every country different regulations, customs and expectations. That’s the advantage of using a trusted Employer of Record like Playroll to manage benefits for your global team. They can:

• ‍Handle the benefits admin: Playroll ensures compliant contracts with built-in statutory checks. Add region-specific premium benefits, while we handle administration and employee claims. Manage leave, expenses, and more – all in one easy dashboard.
• ‍Run global payroll: An EOR will act as your payroll provider, paying your employees on your behalf in the local currency. The company will also have in-depth knowledge of local tax codes, regulatory practices, and everything else that goes into managing global payroll.
• ‍Alleviate compliance concerns: Different countries each have their own federal and local laws governing employee payments. An EOR helps ensure that you are compliant with the unique set of laws for any country in which your company operates. This is extremely important since a compliance slip-up can result in heavy fines or even a lawsuit.