Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of United States. This article explains United States’s leave laws, including Public holidays Paid Time Off. Sick Leave. Vacation Leave. Family and Medical Leave (FMLA). Maternity Leave. Paternity Leave. Bereavement leave. Jury Duty Leave. .Military Leave .Voting Leave Disability leave Workers’ Compensation Leave .Personal Leave Unpaid leave. Emergency Leave Sabbatical leave Whether you are an employer making leave policies or an employee learning about your rights.
| LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
|---|---|---|---|---|---|
| Public holidays | Specified days off | Not applicable | Not applicable | Not applicable | Not applicable |
| Paid Time Off. | Depends on employer policy. | Employer-specific, typically per pay period. | Depends on company policy. | Depends on state law and employer policy. | Depends on employer policy. |
| Sick Leave. | Varies by state and employer policy. | Varies; commonly accrued per hour worked | Allowed in many states. | Not required in most cases. | Rarely applicable. |
| Vacation Leave. | Employer-specific. | Employer-dependent. | Varies by employer. | State-dependent. | Rarely applicable. |
| Family and Medical Leave (FMLA). | Up to 12 weeks of unpaid leave per year. | Not applicable; unpaid leave. | Not applicable. | Not applicable. | Not applicable. |
| Maternity Leave. | Covered under FMLA and state laws. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| Paternity Leave. | Not federally mandated. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| Bereavement leave. | Not federally required. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| Jury Duty Leave. | Required by law. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| .Military Leave | Protected leave under USERRA. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| .Voting Leave | State laws determine the duration. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| Disability leave | Varies | Not applicable | Not applicable | Not applicable | Not applicable |
| Workers’ Compensation Leave | Varies based on injury and state laws. | Not applicable. | Not applicable. | Depends on settlement terms. | Not applicable. |
| .Personal Leave | Employer-specific. | Employer-dependent. | Depends on employer. | Employer policy applies. | Employer discretion. |
| Unpaid leave. | Not federally mandated; employer discretion. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
| Emergency Leave | Varies based on situation | Not applicable | Not applicable | Not applicable | Not applicable |
| Sabbatical leave | Not legally required; employer policy. | Not typically accrued. | Not applicable. | Not applicable. | Not applicable. |
Employees in South Carolina are entitled to have designated public holidays off, which include New Year's Day, Independence Day, Thanksgiving Day, and Christmas Day among others.
Notice periods are not applicable for public holidays as these are predetermined fixed dates.
Employees do not need approval to take off on public holidays as these are automatically granted.
Public holidays are fixed and no additional quota can be applied.
Public holidays do not accrue as they are fixed calendar dates.
There is no carry over applicable to public holidays.
No payout on termination as these are not accruable or unused leave types.
There is no payout at the end of the year for public holidays.
The specific public holidays and observance can vary slightly depending on state declaration and employee agreements.
There are no federal laws mandating PTO, but employers may offer it as part of benefits. Policies vary by company.
Employers may require employees to give advance notice before taking PTO, usually specified in the company policy.
Employers typically require approval before PTO can be used, though policies may allow automatic approval for accrued leave.
Some companies allow additional PTO in specific cases, such as extended tenure or special circumstances.
Most employers offer accrual-based PTO where employees earn leave based on time worked.
Some employers allow PTO to carry over to the next year, while others have a 'use-it-or-lose-it' policy.
Some states require employers to pay unused PTO at termination, while others allow companies to set their policies.
Some companies pay out unused PTO at the end of the year, but this is not legally required.
Employers may have additional rules regarding PTO usage, blackout periods, or accrual caps.
Some states require paid sick leave, while others leave it to employer discretion. Federal law does not mandate paid sick leave.
Employers generally require notification before or at the start of a shift if an employee needs to take sick leave.
Sick leave typically does not require approval but may need to be justified with a doctor's note.
Some states require additional sick leave in public health emergencies, while others leave it up to the employer.
Some states mandate accrual at rates like 1 hour per 30-40 hours worked.
Some states require unused sick leave to carry over, but employers may limit the amount.
Most states do not require payout of unused sick leave unless company policy states otherwise.
Most employers do not offer an end-of-year payout for unused sick leave.
Some states mandate sick leave for specific conditions like domestic violence recovery or mental health needs.
No federal mandate requires vacation leave, but employers may offer it as a benefit.
Employers may require advance notice before taking vacation leave.
Most employers require prior approval before vacation leave is granted.
Some employers allow additional vacation leave based on tenure or special circumstances.
Accrual may be monthly, yearly, or based on hours worked.
Some employers allow vacation carryover, while others do not
Some states require payout of unused vacation leave, while others leave it to employer policy.
Most companies do not offer end-of-year payouts for unused vacation leave.
Some companies have blackout periods where vacation leave cannot be taken.
FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for family or medical reasons, including serious health conditions, childbirth, or caring for a family member.
Employees must provide 30 days' advance notice if the leave is foreseeable; otherwise, notice should be given as soon as possible.
Employers cannot deny FMLA leave if the employee meets eligibility criteria, but employees must provide necessary documentation.
The federal law does not mandate additional leave beyond 12 weeks, though some states may offer extensions.
FMLA does not accrue like PTO; employees are entitled to 12 weeks per year if eligible.
FMLA does not allow leave to be carried over to the next year
Since FMLA is unpaid, there is no payout upon termination.
No payout is provided for unused FMLA leave.
Employees are entitled to return to their job or an equivalent position after FMLA leave.
FMLA provides up to 12 weeks of unpaid maternity leave, but some states mandate paid leave.
Most employers require notice as soon as possible, with a recommended 30-day advance notice.
Employers cannot deny leave if eligibility is met, but they may request medical documentation.
Some states provide additional paid maternity leave beyond FMLA's 12 weeks.
Maternity leave is not accrued but granted based on eligibility.
Unused maternity leave does not carry over.
Since maternity leave is usually unpaid, no payout is required.
Unused maternity leave is not paid out at year-end.
Some states require paid maternity leave or temporary disability benefits.
There is no federal law requiring paternity leave, but some states and employers offer paid or unpaid leave.
Employees should notify their employer as soon as possible, ideally 30 days in advance.
Some employers require approval, while others grant leave automatically.
Some states offer additional paternity leave beyond what FMLA provides.
Paternity leave is granted based on policy and does not accrue.
Unused paternity leave cannot be carried over.
There is no payout for unused paternity leave.
Paternity leave is not paid out at year-end.
Some states have family leave laws that allow fathers to take paid leave.
Bereavement leave is not required by federal law but may be provided by employers, usually 1-5 days.
Employees should notify their employer immediately after a loss.
Employers may require documentation, such as a death certificate or funeral notice.
Some employers allow additional unpaid leave.
Bereavement leave is granted as needed and does not accrue
Bereavement leave cannot be carried over
There is no payout for bereavement leave.
Bereavement leave is not paid out at year-end.
A few states have laws mandating bereavement leave.
Employers must allow leave for jury duty, though pay is not required in all states.
Employees must inform their employer as soon as they receive a jury duty summons.
Employers cannot deny jury duty leave.
Jury duty leave is based on the court’s schedule.
Jury duty leave is granted as needed.
Unused jury duty leave does not carry over.
There is no payout for unused jury duty leave
Jury duty leave is not paid out at year-end.
Some states require employers to pay for a few days of jury duty leave.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employees with unpaid leave for military service and guarantees job reinstatement.
Employees must provide advance notice of military duty unless prevented by military necessity.
Employers cannot deny military leave and must comply with USERRA requirements.
USERRA does not provide additional leave beyond what is necessary for military service.
Military leave is granted as needed and does not accrue like PTO.
Unused military leave does not carry over.
There is no payout for unused military leave.
Military leave is not paid out at the end of the year.
Employees must be reinstated to their position or an equivalent one upon return from service.
Many states require employers to provide time off for voting, typically between 1-3 hours, with some states mandating paid leave.
Some states require employees to request leave before Election Day to qualify.
Some states mandate that employers cannot deny voting leave, while others require approval.
Additional voting leave beyond state law is at employer discretion.
Voting leave is granted as needed and does not accrue.
Unused voting leave cannot be carried over.
There is no payout for unused voting leave.
Voting leave is not paid out at year-end.
Some states prohibit employers from penalizing employees for taking voting leave.
Disability leave is provided as needed, subject to medical certification demonstrating that the employee is unable to work due to a disability.
Employees should provide notice as soon as reasonably possible after they become aware that they need to take disability leave.
Disability leave requires approval and must be supported by medical certification stating the nature of the disability and the expected duration of the leave.
Additional disability leave may be granted based on continued medical necessity, as documented by a healthcare provider.
Disability leave does not accrue over time but is granted based on the specific medical needs of the employee as documented by a healthcare provider.
Disability leave is granted on an as-needed basis and does not involve accrual or carryover.
Disability leave does not accrue and therefore is not subject to payout upon termination.
There is no accrual of disability leave, so there is no end-of-year payout.
Disability leave may be coordinated with other benefits such as workers' compensation or short-term disability insurance.
Workers’ compensation provides medical and wage benefits for work-related injuries.
Employees must notify employers as soon as a workplace injury occurs.
Employers and insurance providers must approve claims for workers’ compensation.
Some states allow extended benefits for severe injuries.
Workers' compensation leave does not accrue.
Unused workers’ compensation leave does not carry over.
If an employee is permanently injured, they may receive a lump sum or ongoing benefits
Workers' compensation benefits are paid based on injury claims, not annually.
Each state has different rules on how much compensation is provided.
Personal leave is not mandated by law and varies by employer.
Most employers require advance notice for personal leave.
Employers typically require approval before personal leave can be granted.
Employers may provide extended personal leave on a case-by-case basis.
Some employers allow employees to accrue personal leave like PTO.
Some employers allow personal leave carryover.
Payout depends on employer terms.
Some employers offer a payout for unused personal leave.
Employers set their own rules for personal leave usage.
Unpaid leave is not required by federal law but may be offered by employers for personal or medical reasons beyond paid leave entitlements.
Employers typically require employees to request unpaid leave in advance, but emergency situations may allow shorter notice periods
Employers have the discretion to approve or deny unpaid leave requests, except where required under laws like FMLA.
Some employers may allow extended unpaid leave beyond standard policies, depending on the reason and company policy.
Unpaid leave is not accrued but granted on a case-by-case basis.
Unused unpaid leave does not carry over to the next year.
Since unpaid leave is not a benefit, no payout is provided upon termination.
Unused unpaid leave is not paid out at the end of the year.
Some states have specific laws allowing unpaid leave for family, medical, or educational reasons.
Emergency leave duration is determined based on the specific circumstances and needs related to the emergency.
Employees must notify their employer as soon as possible when an emergency arises necessitating leave.
Approval for emergency leave may depend on the employer's policies and the nature of the emergency.
Additional quota for emergency leave is typically at the discretion of the employer and based on the specifics of the situation.
Emergency leave does not accrue and is granted based on immediate needs arising from unforeseen circumstances.
Emergency leave cannot be carried over as it is intended for immediate, unforeseen needs.
There is no payout for unused emergency leave upon termination as it does not accrue.
Unused emergency leave is not eligible for end-of-year payout.
Emergency leave is designed to be available immediately during urgent situations, without prior accrual.
Sabbatical leave is a benefit some employers offer, often for long-term employees to take extended leave for personal or professional development.
Employees must usually request sabbatical leave well in advance, often several months to a year before the planned leave.
Employers must approve sabbatical leave, and eligibility is typically based on tenure and business needs.
Some employers may extend sabbatical leave under special conditions or for high-performing employees.
Sabbatical leave is usually granted as a one-time benefit rather than accruing over time.
Sabbatical leave is typically a one-time benefit and does not carry over.
Sabbatical leave is not considered earned leave and is not paid out upon termination.
Unused sabbatical leave is not eligible for an end-of-year payout.
Some employers require employees to return for a specific period after taking sabbatical leave.
Get a 30 days free trial for Pro plan, or go with the Basic forever free plan!