FMLA: 12 weeks, unpaid, and only at larger employers

By Equipo Saplic Published on 11/08/2026 Updated on 11/08/2026

There is no federal right to paid vacation, sick leave or parental leave. Your state may say otherwise.

In this guide
  1. What FMLA provides
  2. What FMLA covers
  3. State paid leave programmes
  4. Paid sick leave
  5. Health coverage
  6. Payroll taxes
  7. What to check

The United States is unusual among developed economies in having no federal mandate for paid vacation, paid sick leave or paid parental leave.

What FMLA provides

The Family and Medical Leave Act provides 12 weeks of unpaid, job-protected leave for employers with 50 or more employees.

Note both limits: it is unpaid, and it does not apply at smaller employers.

Eligibility also requires having worked for the employer for a qualifying period and hours.

What FMLA covers

  • The birth or placement of a child
  • Caring for a spouse, child or parent with a serious health condition
  • Your own serious health condition
  • Certain military family circumstances

"Job-protected" is the key benefit: your position, or an equivalent one, must be available when you return.

State paid leave programmes

This is where the picture improves. Thirteen states plus the District of Columbia now operate mandatory paid family and medical leave programmes, funded through employer or employee contributions.

If you work in one of those, you may have paid leave rights well beyond FMLA.

Also a state and city matter. A growing number of jurisdictions require accrued paid sick leave, with rules varying on accrual rate, caps and permitted uses.

Health coverage

Employer-sponsored health insurance is the main route to coverage for most working Americans, but it is a benefit rather than a statutory right for most employers.

The Affordable Care Act imposes obligations on larger employers, and COBRA allows continuation of coverage after separation, generally at your own cost.

Payroll taxes

Employer FICA is 7.65% — 6.2% Social Security plus 1.45% Medicare. The Social Security wage base for 2026 is $184,500; Medicare has no cap.

Employees earning above $200,000 pay an additional 0.9% Medicare tax, with no employer match.

What to check

Your state's paid leave programme, your employer's size for FMLA purposes, and your local paid sick leave ordinance if one exists.

Frequently asked questions

How much leave does FMLA provide?
Twelve weeks of unpaid, job-protected leave, available only at employers with 50 or more employees and subject to eligibility requirements.
Is there a federal right to paid vacation or sick leave?
No. There is no federal mandate for paid vacation, paid sick leave or paid parental leave.
Do any states provide paid leave?
Yes. Thirteen states plus the District of Columbia operate mandatory paid family and medical leave programmes, funded through employer or employee contributions.
What does job-protected mean?
Your position, or an equivalent one, must be available when you return from FMLA leave.
What payroll taxes does my employer pay?
FICA at 7.65% — 6.2% Social Security on wages up to $184,500 in 2026, plus 1.45% Medicare with no cap. Employees over $200,000 pay an extra 0.9% Medicare with no employer match.

Sources

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