How severance pay works
In most U.S. private-sector jobs, severance is not legally required. When offered, it is typically calculated as one to four weeks of pay per year of service, paid either as a lump sum or as continued payroll, and taxed as supplemental wages.
Updated July 2026
Is severance required?
In most U.S. private-sector jobs, no. Employment is generally at-will and severance is a benefit the employer chooses to offer — most often as part of a separation agreement that includes a release of legal claims. Some situations do have specific rules: covered group layoffs under the federal WARN Act require advance notice or pay in lieu, and some states have their own mini-WARN laws.
How the number is set
Common practice is a formula like "one to four weeks of pay per year of service," sometimes with a minimum floor and a maximum ceiling. Senior roles often get more. Executives often have severance defined in their employment contracts. See the severance calculator to model your number.
Taxes
Severance in the U.S. is treated as supplemental wages. Federal income tax is often withheld at a flat rate (commonly 22% for amounts under a threshold), and Social Security, Medicare, and any applicable state taxes still apply. Your net will be lower than the gross. A tax professional can help you plan around timing and estimated payments.
Payment structure
Some employers pay severance as a lump sum. Others continue you on payroll for a defined period. Payroll continuation can extend benefits like healthcare and affect when unemployment eligibility begins. Both structures have trade-offs.
Interaction with unemployment
Rules vary by state, but in many places, severance can delay the start of unemployment benefits. Check your state's guidance before assuming benefits will start immediately after your last day.
Beyond cash
A well-negotiated severance package can include COBRA subsidy, PTO payout, a reference letter, and treatment of unvested equity. See how to negotiate severance for scripts and structure.
FAQ
Glidepath provides general information and document tools, not legal, financial, or tax advice. Employment rules vary by state and country. For advice about your situation, consult a licensed professional.