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 does not 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 to stay competitive. Here is exactly what applies to you.
Federal Law: No PTO Required
The Fair Labor Standards Act (FLSA) does not require employers to provide paid vacation days, paid sick days, paid holidays, personal days, or any form of PTO. The U.S. Department of Labor is explicit: paid leave is a matter of agreement between an employer and employee.
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 protects your job but does not require paid leave.
States With Mandatory Paid Sick Leave (2026)
| 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 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 40 hrs/yr) | Employers with 50+ 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: California, New York, Colorado, Illinois.
What About Vacation Days?
No state requires employers to provide paid vacation days. Vacation/PTO days are entirely at employer discretion in all 50 states. However, once an employer promises vacation time in writing, most states treat that promise as legally binding. In 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?
| 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 how much PTO you earn per pay period.
PTO by Industry
| Industry | Typical PTO | Notes |
|---|---|---|
| Technology / Software | 15–25 days (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 |
| Retail / Food service | 5–10 days (if offered) | Part-time workers often excluded |
| Manufacturing | 10–15 days | Often union-negotiated |
Federal Employees — Special Rules
- Less than 3 years: 4 hours annual leave per biweekly pay period (13 days/year)
- 3–15 years: 6 hours per biweekly period (19.5 days/year)
- 15+ years: 8 hours per biweekly period (26 days/year)
- Plus 4 hours sick leave per biweekly period (13 days/year) for all employees
- Plus 11 paid federal holidays per year by law
State Paid Family and Medical Leave Programs
- 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, up to 90% of wages for lower earners
- Connecticut, Oregon, Rhode Island, Delaware, Maryland, Minnesota — Active programs with varying terms