Holiday, sick leave and FMLA — what you're actually owed

If you are new to working in the United States, understanding your rights to time off might feel confusing, especially if you come from a country with legal guarantees for holidays or sick leave. The reality in the US is straightforward but often surprising: there is no federal law requiring paid holiday or paid sick leave. What you receive is entirely up to your employer, with some important exceptions at the state level and the federal FMLA safety net.

No Federal Mandate for Paid Holidays or Sick Leave

The Fair Labor Standards Act (FLSA), which sets minimum wage and overtime rules, does not require private employers to provide any paid time off for holidays or illness. Federal law only requires employers to pay for time you actually work. If your employer decides to give paid holidays or sick days, that is a voluntary benefit, not a legal requirement.

This distinction matters. Most US employers do offer paid holidays—on average, private-sector workers have access to about 7 or 8 paid holidays per year, including days like New Year's Day, Independence Day, Thanksgiving, and Christmas. But the key word is 'most,' not 'all.' A company can legally choose to give zero paid holidays.

The same applies to vacation and personal days. While many employers offer one to three weeks of paid vacation time after some period of employment, none of this is federally required. How much time you accrue, when you can use it, whether part-time employees get it, and whether unused days carry over to the next year—all of this is set by company policy, not law.

State and Local Laws: Paid Sick Leave Requirements

Although there is no federal paid sick leave law, the United States is unique in that a growing number of states have stepped in to fill the gap. As of 2026, 21 states plus Washington, D.C. require private employers to provide paid sick leave. These states are: Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania (in some jurisdictions), Rhode Island, Vermont, and Washington.

If you live in one of these states, your employer is legally required to give you paid time off when you are sick or need medical care. In about 30 other states, there is no state-level paid sick leave mandate, so employers are not required to offer it unless they choose to or unless local (city or county) law requires it.

How Much Paid Sick Leave?

State laws vary, but most follow a standard accrual formula: you earn one hour of paid sick leave for every 30 hours you work. This means a full-time employee working 40 hours per week would earn about 1.3 hours of sick leave each week, or roughly five days per year. Some states allow employers to 'front-load' the entire year's amount at once instead of accruing it month by month.

Most state laws cap how much sick leave you can use in a year, typically between 24 and 72 hours depending on the state and employer size. Some states allow unused sick leave to carry over into the next year, while others set a cap on carryover. A few states, like Illinois, go further and mandate paid leave for any reason, not just sickness.

What Qualifies as a Sick Leave Reason?

Paid sick leave laws have expanded beyond just physical illness. Most state laws now allow you to use paid sick leave for mental health needs, routine or preventive medical appointments, caring for sick family members, and in some places, time off related to domestic violence, sexual assault, or stalking.

FMLA: Job-Protected Unpaid Leave

The Family and Medical Leave Act (FMLA) is a federal law that gives a safety net of unpaid, job-protected leave for certain serious family and medical situations. However, it is unpaid, and you must meet strict eligibility requirements to qualify.

Who Is Eligible?

FMLA only applies if three conditions are met:

1. Your employer has at least 50 employees (including part-time) within a 75-mile radius of your workplace.
2. You have worked there for at least 12 months (not necessarily consecutively).
3. You have worked at least 1,250 hours in the past 12 months. This is roughly 24 hours per week for a full year.

If your employer is small (fewer than 50 employees) or you have not been there long enough or worked enough hours, FMLA does not apply to you. Many immigrants working in small businesses, restaurants, agriculture, or other sectors may fall outside FMLA coverage.

What Does FMLA Cover?

If you qualify, FMLA gives you up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons. These include:

• The birth of your child or placement of a child for adoption or foster care.
• Your own serious health condition (illness, injury, or medical condition that requires ongoing treatment).
• Caring for a spouse, child, or parent with a serious health condition.
• Military family leave (to care for a spouse, child, or parent recovering from a serious military injury or illness, or to handle affairs related to a family member's military deployment).

During FMLA leave, your job is protected. Your employer cannot fire you or replace you simply because you took FMLA leave. Your employer must also continue your health insurance benefits under the same terms as if you were still working.

FMLA Is Unpaid—But You May Have to Use Paid Leave

Here is the catch: FMLA itself is unpaid. Your employer is not required to pay you during your 12 weeks off. However, many employers allow or require you to use your accrued paid vacation, sick leave, or PTO (paid time off) during your FMLA leave. This means the leave would be paid by your employer's own policy, not by FMLA.

For example, if you need to take three weeks off for surgery and recovery, you might be able to use three weeks of accrued vacation. That paid leave would count against both your vacation balance and your FMLA entitlement. After your paid leave runs out, any remaining FMLA leave is unpaid. Your employer cannot make you pay back any premiums for your health insurance while you are on unpaid FMLA leave, though you may have to notify payroll to continue your premium contributions.

How Much Notice Do You Need to Give?

If your need for FMLA leave is foreseeable (such as a planned surgery or the arrival of a baby), you should provide at least 30 days' notice to your employer. If the leave is not foreseeable (such as a sudden illness or accident), you should notify your employer as soon as practical, usually within one or two days.

Your employer may require you to provide medical certification (a doctor's letter) proving you have a serious health condition or that your family member does. This is legal and common. Failure to provide the required notice or medical certification may result in your employer denying FMLA leave.

State-Level Family and Medical Leave Programs

Some states have gone further than the federal FMLA. As of 2026, nine states plus Washington, D.C. have enacted paid family and medical leave programs: California, Colorado, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington. Three additional states—Minnesota, Maine, and Delaware—will implement paid family leave starting in 2026.

These programs provide paid leave (usually a percentage of your wage) for reasons including childbirth, adoption, caring for a seriously ill family member, or military family leave. The amount, duration, and eligibility vary by state. If you live in one of these states, you may be entitled to paid leave beyond what your employer offers. Check your state labor department website for details.

What About Religious or Cultural Holidays?

Federal law does not require employers to give paid time off for religious holidays. However, employers are required by federal law not to discriminate against employees based on religion. This means if your employer allows employees to request time off to observe religious holidays without pay, you should not be treated worse than other employees who request unpaid leave.

Many large employers accommodate religious observances by allowing employees to swap shifts with colleagues or take unpaid leave. Some employers count religious holidays within their paid time-off allowance. The key is to request the time in advance, explain that it is for a religious or cultural reason if relevant, and follow your company's normal time-off request process.

Key Takeaways for Newcomers

• No federal law requires employers to provide paid holidays or paid sick leave. This is a voluntary employer benefit.
• Check your employment offer and employee handbook for your company's specific paid time-off policy before you accept the job.
• If you live in a state that mandates paid sick leave, your employer must provide it by law. Check your state labor department website to confirm your state's rules.
• FMLA provides up to 12 weeks of unpaid, job-protected leave if you qualify, but you must meet the eligibility requirements (employer size, 12 months tenure, 1,250 hours worked).
• Your employer may require you to use accrued paid leave during your FMLA leave. The FMLA itself is not paid.
• Some states offer paid family and medical leave programs in addition to FMLA. If you live in one of these states, you may have additional protections.
• Keep records of your hours worked and any leave you take. If there is a dispute, you need evidence to prove your case.