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Secretary of Labor Thomas E. Perez
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Work Hours

Vacation Leave

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).

On a government contract to which the labor standards of the McNamara O'Hara Service Contract Act (SCA) apply, holiday and/or vacation fringe benefit requirements are stated in the SCA wage determinations in contracts that exceed $2,500.

On a government contract to which the labor standards of the Davis-Bacon and Related Acts (DBRA) apply, holiday pay and/or vacation pay is required for specific classifications of workers only if the Davis-Bacon wage determination in the covered contract specifies such requirements for workers employed in those classifications.

DOL Web Pages on This Topic

elaws Family and Medical Leave Act (FMLA) Advisor Frequently Asked Questions (FAQs)
FMLA provides for unpaid sick leave. Look here for specific information about FMLA leave.

How are Vacation Pay, Sick Pay, and Holiday Pay Computed?
Answers about vacation leave from the elaws FLSA Advisor.

Coverage Under the Fair Labor Standards Act (FLSA)
Fact sheet on who is covered by the FLSA.

Laws & Regulations on This Topic

29 CFR 4.173
Regulations on Meeting Requirements for Vacation Fringe Benefits for Federal Contracts