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Common questions

What severance should I expect?

Severance Pay Calculator

Estimate a typical severance offer from your salary and years of service, using the formulas employers commonly negotiate.

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Base salary before taxes. Leave out bonuses and commission.

Round to the nearest half year.

Your severance estimate

Enter your salary and years of service to compare common severance formulas.

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  1. The answer in plain English
  2. How we calculated it, step by step
  3. The rule that applies where you work
  4. The official source and when we last checked it

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Informational estimate, not legal, tax, or financial advice. Why?

This calculator uses the information you enter and publicly available government data. Real situations can involve employment contracts, company policy, collective bargaining agreements, and exceptions we can't see.

For advice about your specific situation, talk to a licensed employment attorney or your state labor department.

The short answer

Severance pay is generally not legally required in the US. No federal law, including the FLSA, requires it. It is usually offered voluntarily, or because an employment contract, union agreement, or written company policy promises it. New Jersey and Maine are notable exceptions: their state laws require severance in certain covered mass layoffs or closings.

A common starting point is about 1 week of pay per year of service, roughly 2 weeks per year for senior or manager roles, and executives often negotiate 3 to 12 months of base salary. These are norms, not entitlements.

Worked example: an $85,000 salary with 5 years of service is about $8,173 at 1 week per year (about $1,635 a week × 5 weeks). Severance is taxed as ordinary income, with federal, Social Security, Medicare, and state withholding.

Common questions

Is my employer legally required to give me severance pay?
Usually not. The United States has no federal law (including FLSA) requiring severance pay. It is voluntary unless: (1) your employment contract or offer letter specifies severance, (2) a collective bargaining agreement (union contract) requires it, (3) the employer has an established written severance policy, or (4) a state law requires it. New Jersey and Maine require severance for certain covered mass layoffs or closings. The federal WARN Act (60-day notice for covered layoffs at employers with 100+ employees) can trigger back pay when not followed, but is not the same as severance.
How much severance pay is typical?
The most common severance formula in the US is 1 week of pay per year of service for non-executive employees, and 2 weeks per year for senior/manager-level employees. Executive severance is typically negotiated separately and can include 3–12 months of base salary. These are industry norms, not legal requirements.
Can I negotiate my severance package?
Yes — and you should. Most employers start with a standard formula but have flexibility, especially if you've been with the company several years or hold specialized knowledge. Key items to negotiate: extended health insurance (COBRA offset), accelerated vesting of stock options, non-disparagement clause removal, and outplacement services. Never sign a severance agreement without reading it first — most include a release of legal claims against the employer.
Is severance pay taxed?
Yes, severance pay is taxed as ordinary income — subject to federal income tax, Social Security, and Medicare withholding, plus state taxes. Employers typically withhold at the standard supplemental wage rate (22% federal for amounts up to $1 million). If paid as a lump sum in a high-income year, consider adjusting your W-4 or making estimated tax payments to avoid an underpayment penalty.