PolicyBrief
S. 5280
119th CongressAug 6th 2026
Guaranteed Paid Vacation Act
IN COMMITTEE

The Guaranteed Paid Vacation Act mandates that employers provide covered employees with at least one hour of paid annual leave for every 25 hours worked, up to 80 hours per year.

Bernard "Bernie" Sanders
I

Bernard "Bernie" Sanders

Senator

VT

LEGISLATION

New Federal Mandate Guarantees 1 Hour of Paid Vacation for Every 25 Hours Worked

Imagine you’re working a grueling shift at a warehouse or staring at a spreadsheet for the 40th hour this week. Under the proposed Guaranteed Paid Vacation Act, those hours would start banking you something more than just a paycheck: guaranteed time off. The bill sets a new national standard where almost every employee—from retail workers and tradespeople to federal staff—earns at least one hour of paid annual leave for every 25 hours they clock in. For a full-time worker, that adds up to about two weeks (80 hours) of paid vacation a year. You start earning it the moment you’re hired, and the law makes it clear you can use this time for whatever you want—no need to explain to your boss why you need a mental health day or a trip to the beach.

The Fine Print on Your Time Off

While the bill is a massive shift toward better work-life balance, it isn't a free-for-all. Employers can cap your yearly earnings at 80 hours, though they are required to let you carry over up to 40 hours of unused leave into the next year (Section 3). If you’re a tipped worker, like a server or bartender, the bill ensures you aren't stuck with a sub-minimum wage while you’re away; you must be paid your regular rate or the highest applicable minimum wage. And if you leave your job, the employer has to cut you a check for any unused time you’ve earned. There’s even a provision allowing employers to "loan" you leave before you’ve earned it, but be careful—if you quit or get fired before you’ve worked enough hours to cover that loan, your boss can ask for that money back.

Scheduling Scuffles and "Bona Fide" Reasons

Here is where things might get a little sticky at the manager’s office. You have to give notice before taking leave (no more than 14 days out), but your employer can technically say no for a "bona fide business reason" (Section 3(c)). The bill doesn't perfectly define what a "bona fide" reason is yet—that’s up to the Secretary of Labor to figure out later—but if they do deny you, they have to offer an alternative date within 30 days. They also can’t force you to find your own replacement worker. For small business owners, this adds a new layer of administrative work and cost, as they’ll need to track these hours precisely and potentially pay out extra wages during lean times.

Protection Against the "Quiet Squeeze"

To make sure this isn't just a benefit on paper, the Act builds in some teeth. Section 5 prohibits employers from using your vacation time against you in performance reviews or using it as a reason to cut your shifts. If a company tries to interfere with your rights or retaliates because you took your earned time, you (or the Secretary of Labor) can sue for lost wages, interest, and liquidated damages. While this creates a safety net for workers, it also means employers—especially smaller shops without dedicated HR departments—will need to be extremely careful with their record-keeping to avoid landing in court. The rules kick in 180 days after the bill is signed, giving everyone about six months to update their handbooks and payroll systems.