Overview SubTopics: Sick Leave - (See Wages and Hours Worked) Holidays and Vacations - (See Wages and Hours Worked) Return to Benefits Menu

Frequently Asked Questions How are vacation pay, sick pay, and holiday pay computed and when are they due? Must employers grant leave to employees called up by the National Guard or Reserve? more ...

OVERVIEW

Leave benefits allow employees to take time off from work. The extent of the leave and whether it is paid in whole, in part, or not at all is generally a matter of agreement between an employer and an employee (or the employee's representative). Certain types of leave, whether paid or unpaid, may be required by state or federal law. Other types of leave are voluntary incentives provided by employers.

The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA). Often the public thinks that the FLSA regulates "leave benefits." In fact, there are a number of employment practices related to leave that the FLSA does not regulate. For example, the FLSA does not require pay for time not worked such as vacations, personal time off, funeral leave, or jury duty. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee's representative). The FLSA also does not require:

• severance pay
• meal, rest periods or holidays off
• premium pay for weekend or holiday work
• pay raises or fringe benefits
• discharge notice, reason for discharge, or immediate payment of final wages to terminated employees

However, for employees working under certain government contracts, holidays and vacation benefits may be required. See Benefits / Benefits under Federal Contracts.