Written by this site from official U.S. sources
Don't count on paid vacation by law: federal law doesn't require it, so get it in writing from your employer and check your state's rules
- High value
- Evidence B
- Saves time
- Free
- Takes minutes
- No willpower
In plain words
There is no federal law in the U.S. that gives you paid vacation, paid sick days or paid holidays. Whether you get them, and how many days, depends on your agreement with your employer. Before you accept a job, ask for the vacation policy in writing. Also check your state's labor department, because some states have their own leave rules.
- Cost
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Free. A few minutes to read your offer letter or employee handbook.
- What you get
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Department of Labor: "The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative)." One exception is some federal government contracts. Under the McNamara-O'Hara Service Contract Act, holiday or vacation fringe benefits are set in the wage determinations of covered contracts over $2,500. Under the Davis-Bacon and Related Acts, holiday or vacation pay is required only if the contract's wage determination says so for that type of worker.
- Notes
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This is the federal rule for the whole country. States can add their own rules, so check your state labor department. Unpaid, job-protected leave for a serious illness or a new child may be available under the federal FMLA (see the parental leave entry).
- Evidence grade
- B: Supported by research but without a precise number, or based on small or single studies.
- Sources
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- U.S. Department of Labor. Vacation Leave. https://www.dol.gov/general/topic/benefits-leave/vacation_leave (核对的是 web.archive.org 2026年7月9日的存档)
Sources checked 2026-10-12
Replaces in the original
Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you.