The honest answer most people don't want to hear: federal law requires zero paid vacation, zero paid sick days, and zero PTO of any kind. The U.S. is one of the only developed countries without a national paid leave mandate. But that doesn't mean you have no rights — 18+ states have mandatory paid sick leave laws, several have paid family leave programs, and most employers offer generous PTO anyway to stay competitive. Here's exactly what applies to you.
Federal Law: No PTO Required
The Fair Labor Standards Act (FLSA) — the main federal employment law — does not require employers to provide:
- Paid vacation days
- Paid sick days
- Paid holidays
- Personal days
- Any form of PTO
The U.S. Department of Labor is explicit: paid leave is a matter of agreement between an employer and employee. This is why PTO varies so dramatically from employer to employer — there's no federal floor to enforce.
One important exception: The Family and Medical Leave Act (FMLA) requires employers with 50+ employees to provide up to 12 weeks of unpaid leave per year for qualifying medical/family reasons. FMLA does not require paid leave — but it does protect your job during that time.
States With Mandatory Paid Sick Leave (2026)
While federal law is silent, as of 2026, around 18 states — including California, New York, Colorado, Illinois, and Michigan — require paid sick leave. Here is the current list:
| State | Minimum paid sick leave required | Who it covers |
|---|---|---|
| Arizona | 1 hr per 30 hrs worked (up to 40 hrs/yr) | Most employees |
| California | 5 days (40 hrs) per year minimum | Most employees after 30 days |
| Colorado | 1 hr per 30 hrs worked (up to 48 hrs/yr) | Most employees |
| Connecticut | 1 hr per 30 hrs worked (up to 40 hrs/yr) | Most employees |
| Illinois | 1 hr per 40 hrs worked (up to 40 hrs/yr) | Most employees |
| Maine | 1 hr per 40 hrs worked (up to 40 hrs/yr) | Employers with 11+ employees |
| Maryland | 1 hr per 30 hrs worked (up to 40-64 hrs) | Most employees |
| Massachusetts | 1 hr per 30 hrs worked (up to 40 hrs/yr) | Most employees |
| Michigan | 1 hr per 35 hrs worked (up to 72 hrs/yr) | Most employees |
| Minnesota | 1 hr per 30 hrs worked (up to 48 hrs/yr) | Most employees |
| Nevada | 0.01923 hrs per hr worked (up to 40 hrs/yr) | Employers with 50+ employees |
| New Jersey | 1 hr per 30 hrs worked (up to 40 hrs/yr) | Most employees |
| New Mexico | 1 hr per 30 hrs worked (up to 64 hrs/yr) | Most employees |
| New York | 1 hr per 30 hrs worked (up to 56 hrs/yr large employers) | Most employees |
| Oregon | 1 hr per 30 hrs worked (up to 40 hrs/yr) | Employers with 10+ employees |
| Rhode Island | 1 hr per 35 hrs worked (up to 40 hrs/yr) | Employers with 18+ employees |
| Vermont | 1 hr per 52 hrs worked (up to 40 hrs/yr) | Most employees |
| Washington | 1 hr per 40 hrs worked (up to 40 hrs/yr) | Most employees |
| Washington D.C. | 1 hr per 37 hrs worked (up to 56-80 hrs) | Most employees |
Check your state's page for specific rules: California, New York, Colorado, Illinois.
What About Vacation Days — Are Those Required by Law?
No state requires employers to provide paid vacation days. The mandatory sick leave laws above cover sick time only. Vacation/PTO days are entirely at employer discretion in all 50 states. However, there is an important catch: once an employer promises vacation time (in a handbook, contract, or verbal agreement), most states treat that promise as legally binding. In several states — including California, Colorado, Illinois, Montana, Nebraska, and Massachusetts — earned vacation pay is legally treated as wages and cannot be taken away.
How Much PTO Do Most Employers Actually Offer?
While the law may not require vacation days, the U.S. labor market effectively does — employers who don't offer PTO struggle to compete for talent. Here's what the data shows for typical U.S. employees:
| Years of service | Average PTO days/year | Typical range |
|---|---|---|
| Less than 1 year | 8–10 days | 0–15 days |
| 1–5 years | 10–14 days | 5–20 days |
| 5–10 years | 15–18 days | 10–25 days |
| 10–20 years | 18–22 days | 15–30 days |
| 20+ years | 20–26 days | 20–35 days |
Use our PTO accrual calculator to estimate exactly how much PTO you earn per pay period based on your annual allowance.
PTO by Industry — What's Normal?
| Industry | Typical PTO (combined) | Notes |
|---|---|---|
| Technology / Software | 15–25 days + sick leave (or unlimited) | Unlimited PTO increasingly common |
| Finance / Banking | 15–20 days | Often separate sick + vacation banks |
| Healthcare | 15–25 days | Combined PTO banks most common |
| Government / Public sector | 13–26 days vacation + 13 days sick | Federal employees get separate accruals |
| Education | Varies widely | School calendars often used instead of PTO |
| Retail / Food service | 5–10 days (if offered at all) | Part-time workers often excluded |
| Manufacturing | 10–15 days | Often union-negotiated |
| Professional services | 15–20 days | Consulting firms often more generous |
Federal Employees — A Special Case
U.S. federal government employees have a specific PTO accrual schedule set by law (Title 5 U.S.C.):
- Less than 3 years of service: 4 hours of annual leave per biweekly pay period (13 days/year)
- 3–15 years of service: 6 hours per biweekly period (19.5 days/year)
- 15+ years of service: 8 hours per biweekly period (26 days/year)
- Plus 4 hours of sick leave per biweekly pay period (13 days/year) for all employees
- Plus 11 paid federal holidays per year by law
State Paid Family and Medical Leave Programs
Several states have established Paid Family and Medical Leave (PFML) programs that provide partial wage replacement for qualifying leave:
- California — Up to 8 weeks, ~60–70% of wages
- New York — Up to 12 weeks, 67% of average weekly wage
- Washington — Up to 12–16 weeks, ~60–90% of wages
- New Jersey — Up to 12 weeks, 85% of wages
- Massachusetts — Up to 12 weeks family + 20 weeks medical, 60–80% of wages
- Colorado — Up to 12 weeks, ~90% of wages for lower earners
- Connecticut, Oregon, Rhode Island, Delaware, Maryland, Minnesota — Active programs with varying terms
What to Do If You Think You're Owed More PTO
- Check your state's sick leave law — If you're in one of the 18+ states with mandatory sick leave, your employer must provide at least the minimum.
- Read your employee handbook — Whatever your employer promises in writing is legally binding in all 50 states.
- Calculate what you've earned — Use our PTO accrual calculator to verify your balance matches your pay stubs.
- File a wage claim if needed — If your employer isn't providing mandatory sick leave, file a complaint with your state's Department of Labor — free to file, most resolve within 60–90 days.