What is a severance package?
A severance package is what an employer gives you when your job ends, on terms set out in a severance agreement or an employer's plan. No federal law requires one: the U.S. Department of Labor says severance pay is a matter of agreement between an employer and an employee. Severance pay is the main part, and some packages also pay toward your health coverage or offer outplacement services.
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What a severance package can hold
Severance pay. The Department of Labor says it is often granted when a job ends, and it is usually based on how long you worked for the employer.
Help with health coverage. Some employers pay part or all of the cost of health coverage, including COBRA, as part of a severance agreement. The Department of Labor says they are not required to.
Outplacement services, such as training in résumé writing and interview techniques. The IRS describes packages where you take less severance pay to receive these services.
Sources: dol.govdol.gov (2)irs.gov, checked Nov 15, 2026
No federal rule requires severance
The Fair Labor Standards Act, the federal wage law, does not require severance pay. Severance is a matter of agreement between an employer and an employee, or the employee's representative.
If severance was due to you under your employer's plan and you did not get it, the Employee Benefits Security Administration (EBSA) at the Department of Labor may be able to help.
Source: dol.gov, checked Nov 15, 2026
Where to read your own
Because severance is set by agreement, the terms that apply to you are in your own papers: the severance agreement or offer your employer gives you, and your employer's plan if the severance comes from one.
For your health and retirement benefits, the Summary Plan Description explains what your benefits are. Your plan administrator can give you a copy.
If your package pays toward health coverage, ask the plan administrator how that affects your COBRA coverage and your right to enroll in a Marketplace plan.
Sources: dol.govdol.gov (2), checked Nov 15, 2026
Taxes on a severance package
The IRS says you must include severance pay in your income, and any payment for the cancellation of your employment contract too. Severance payments are subject to social security and Medicare taxes and to income tax withholding.
If you accept less severance pay so that you can receive outplacement services, you must still include the full, unreduced amount of the severance pay in your income.
Source: irs.gov, checked Nov 15, 2026
See if your employer filed a WARN notice
The federal WARN Act requires some employers to give notice before a plant closing or mass layoff. The Department of Labor says the Act helps ensure advance notice of qualified plant closings and mass layoffs.
NewsIntel reads the WARN lists that state labor agencies publish and links every notice to the list it came from. Look for your employer there.
Source: dol.gov, checked Nov 15, 2026
See on NewsIntel: All WARN noticesWARN notices by state
Questions
- Does my employer have to give me a severance package?
- Not under federal law. The Fair Labor Standards Act does not require severance pay; it is a matter of agreement between you and your employer.Severance Pay, DOL
- How is severance pay worked out?
- The Department of Labor says it is usually based on how long you worked for the employer. The exact terms are in your agreement or your employer's plan.Severance Pay, DOL
- Can a severance package pay for my health insurance?
- It can. Some employers pay part or all of the cost of health coverage, including COBRA, as part of a severance agreement, but they do not have to. Ask the plan administrator how it affects your COBRA coverage.Questions and Answers for Dislocated Workers, EBSA
- Is a severance package taxed?
- Severance pay is. The IRS says you must include it in your income, and it is subject to social security and Medicare taxes and to income tax withholding. This is a summary, not tax advice.IRS Publication 525
Sources
- Severance Pay, U.S. Department of Labor
dol.gov · Checked
- Retirement and Health Care Coverage: Questions and Answers for Dislocated Workers, EBSA
dol.gov · Checked
- Publication 525 (2025), Taxable and Nontaxable Income, IRS
irs.gov · Checked
- WARN Act Compliance Assistance, U.S. Department of Labor
dol.gov · Checked
This is a summary, not legal or tax advice; the sources are linked above.