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BenefitsBenchmarksStatisticsยทSeptember 7, 2026ยท17 min read

PTO Statistics 2026: Twenty Years of US Service Buys the Leave a European Gets on Day One

TL;DR โ€” paid time off in 2026, in nine numbers
  • 77% of US civilian workers had access to paid vacation in March 2025 โ€” meaning roughly 1 in 4 had none at all (US Bureau of Labor Statistics, National Compensation Survey).
  • 11 days is the average paid vacation entitlement of a private-industry US worker after one year of service. It reaches 15 at five years, 18 at ten and 20 at twenty (BLS, March 2025).
  • 20 days is also the statutory floor every worker in the European Union has from the start โ€” four weeks, under Article 7 of the Working Time Directive. A US career of two decades ends where an EU contract begins (derived; see section 5).
  • 0 โ€” the number of paid vacation days or paid holidays US federal law requires employers to provide. The United States remains the only advanced economy with no statutory minimum (CEPR, No-Vacation Nation).
  • 46% of US workers who get paid time off take less than they are offered (Pew Research Center, February 2023, nย =ย 5,188).
  • ~42% โ€” the share of US civilian workers who both have paid vacation and use all of it, once access and take-up are multiplied together (derived from BLS and Pew; arithmetic shown in section 3).
  • 38% vs 89% โ€” part-time versus full-time access to paid vacation. At 51 percentage points, that is the widest gap anywhere in the US paid-leave dataset, wider than the gap between the top and bottom wage deciles (BLS, March 2025).
  • 16 vs 14 days โ€” days actually taken under unlimited PTO versus a traditional accrual plan. Unlimited leave buys two extra days, and only 7% of employers offer it (Empower, via SHRM; SHRM Employee Benefits Survey).
  • 65% of American workers report feeling vacation-deprived โ€” an eleven-year high in a survey series that has run since 2000 (Expedia Vacation Deprivation, fieldwork Marchโ€“April 2024, nย =ย 11,580 across 11 countries).

Paid time off is the benefit everyone assumes is settled. It is not measured like one. The US has no statutory minimum, so "how much leave do people get" is an empirical question about employer behaviour rather than a legal fact โ€” and the answer splits sharply by wage, hours, employer size and industry. Then a second question sits on top of it: how much of that leave is actually taken.

This page assembles the verified 2026 dataset across all four layers โ€” who has PTO, how many days they get, how many they take, and how that compares to statutory entitlements elsewhere. Every figure is attributed to a named source with its reference period stated, because in this topic the vintage matters: the most-quoted "average vacation days" numbers circulating in 2026 are from 2021 fieldwork, and the most-quoted dollar figure for unused leave is a vendor estimate from a 1,500-person consumer panel. Sources are listed in Methodology and sources. The statistics that circulate widely but do not say what people think they say are in section 9, not repeated as fact.

77%
of US civilian workers have access to paid vacation (BLS, March 2025)
46%
of workers with PTO take less than they are offered (Pew, 2023)
11 days
average US private-industry vacation entitlement at one year of service
20 days
EU statutory minimum from day one, under the Working Time Directive

1. Who actually has paid time off

The authoritative US measure is the Bureau of Labor Statistics' National Compensation Survey, whose March 2025 estimates were published on 25 September 2025. It reports access โ€” whether a benefit is available to the worker, not whether they use it.

Paid leave benefit (March 2025)All civilian workersPrivate industryState & local government
Paid vacation77%80%61%
Paid holidays80%81%68%
Paid sick leave82%80%93%
Consolidated leave plan (single PTO bank)51%โ€”โ€”

The government column surprises people. Public-sector workers have the best sick leave in the country (93%) and the worst vacation access (61%) โ€” because a large share of state and local employment is school-year teaching staff, whose contracts are built around the academic calendar rather than an accruing vacation bank.

Access is not evenly distributed. The single largest determinant is not wage, industry or employer size โ€” it is hours.

Access to paid vacation, US civilian workers

Percentage with access, March 2025. Source: BLS National Compensation Survey.

Full-time workers
89%
Part-time workers
38%
Highest 10% of earners
85%
Highest 25% of earners
83%
Lowest 25% of earners
57%
Lowest 10% of earners
43%
Derived metric โ€” the part-time cliff

The full-time/part-time gap in paid vacation access is 51 percentage points(89% โˆ’ 38%). The gap between the highest-paid and lowest-paid deciles is 42 points (85% โˆ’ 43%), and the largest establishment-size gap in private industry is 20 points (91% at 500+ workers versus 71% at 1โ€“49). Hours worked, not pay and not employer size, is the sharpest dividing line in American paid leave. Arithmetic ours; inputs from BLS March 2025.

Industry compounds the same effect, because part-time and low-wage work is concentrated in the same sectors:

Paid vacation access by industry, US private industry

Percentage with access, March 2025. Source: BLS National Compensation Survey.

Manufacturing
96%
Financial activities
96%
Information
95%
Professional & business services
83%
Education & health services
83%
Trade, transportation & utilities
81%
Construction
81%
Leisure & hospitality
46%

2. How many days โ€” and how slowly they arrive

For workers who do have paid vacation, the BLS publishes the average number of days granted at each service milestone. This is the table to quote when someone asks what "normal" PTO looks like in the United States.

Average paid days granted (March 2025)After 1 yearAfter 5 yearsAfter 10 yearsAfter 20 years
Vacation โ€” private industry11151820
Vacation โ€” state & local government13161922
Sick leave โ€” private industry7777
Sick leave โ€” state & local government11121212

The US tenure ladder: average vacation days by years of service

Private industry, March 2025. Bars scaled against a 25-day maximum. Source: BLS.

After 1 year
11
After 5 years
15
After 10 years
18
After 20 years
20

Two things are worth noticing. First, the ladder decelerates hard: the first five years deliver four extra days, the next five deliver three, and the following decade delivers two. Nearly half of everything tenure will ever buy arrives in the first quarter of a twenty-year career. Second, sick leave does not move at all in private industry โ€” seven days at year one, seven days at year twenty. Tenure rewards vacation; it does not reward illness.

Averages hide a wide distribution. After one year of service, private-industry workers split almost evenly between 5โ€“9 days (31%) and 10โ€“14 days (31%), with 21% at 15โ€“19 days. After ten years, 31% get 15โ€“19 days, 24% get 20โ€“24, and 20% get more than 24. On top of vacation, US employers providing paid holidays average eight per year โ€” a figure from the BLS March 2018 holiday profile, which is the most recent detailed publication and should be quoted with that date attached.

3. The days that are never taken

Entitlement is not use. The cleanest measurement of the gap comes from the Pew Research Center, which surveyed 5,188 US workers between 6 and 12 February 2023: 46% of workers who receive paid time off take less than their employer offers.

The pattern inside that number is counter-intuitive. It is not the precarious who leave leave unused โ€” it is the senior:

GroupTakes less PTO than offered
Workers in education68%
Government, public administration or military57%
Managers54%
Salaried workers52%
Workers with a bachelor's degree or higher51%
Upper-income workers51%
All workers with PTO46%
Non-managers42%
Lower-income workers41%
Hourly workers39%
Derived metric โ€” the full-use rate

Combine access with take-up and the picture is bleaker than either statistic alone. Of every 100 US civilian workers, about 23 have no paid vacation at all (BLS: 77% access). Of the 77 who do, 46% take less than offered โ€” that is 35 more workers (77 ร— 0.46) leaving earned leave on the table. Which leaves roughly 42 in 100 who both have paid vacation and use all of it. Arithmetic ours. Treat it as an order-of-magnitude estimate, not a survey finding: the BLS measures employer-reported access among civilian workers in March 2025, while Pew measures self-reported behaviour among employed adults in February 2023, and the two universes are not identical.

The most common reason Americans give for not taking their leave is not fear of the boss. It is that they do not feel they need it โ€” a reason that gets less convincing the moment you notice 65% of the same workforce reports feeling vacation-deprived.

4. Why the days go unused

Pew asked workers who take less than offered why. Respondents could give more than one reason, so these do not sum to 100%:

Reasons US workers give for not taking all their paid time off

Among workers with PTO who take less than offered, February 2023, nย =ย 5,188 workers surveyed. Multiple responses permitted. Source: Pew Research Center.

Don't feel they need more time off
52%
Worry about falling behind at work
49%
Feel bad about coworkers taking on extra work
43%
Risk of losing job โ€” tenure under 1 year
24%
Risk of losing job โ€” longer-tenured
11%

Three findings inside that chart deserve to be quoted more than they are. Guilt is gendered: 48% of women cite feeling bad about colleagues absorbing their work, against 39% of men, rising to 53% among women aged 18โ€“49. Fear is racialised: 21% of Black workers name the risk of losing their job as a reason, against 13% of White workers. And fear is front-loaded by tenure: 24% among workers with less than a year of service, 21% at one to five years, 11% beyond that. A PTO policy that looks identical on paper is experienced very differently depending on who is reading it.

What this means for reward design

Half the problem is workload, not policy. "Worry about falling behind" (49%) and "feel bad about coworkers" (43%) are both statements about coverage โ€” who does the work while you are gone. No amount of encouragement from HR moves those numbers; naming a cover owner before leave is approved does. The recognition angle is the mirror image: the colleague who covers is doing unpaid extra work that is almost never acknowledged, and a small, immediate reward for coverage is one of the cheapest ways to make leave socially affordable inside a team.

5. The United States versus everyone else

US federal law requires zero paid vacation days and zero paid holidays. The Center for Economic and Policy Research has documented this across several editions of its No-Vacation Nation report: the United States is the only advanced economy that guarantees its workers no paid time off of any kind. Everything American workers receive is employer policy, and can be changed by employer policy.

In the European Union, four weeks is not a benchmark but a floor. Article 7 of Directive 2003/88/EC requires every member state to guarantee at least four weeks of paid annual leave, and further specifies that this minimum cannot be replaced by a payment in lieu except where the employment relationship ends โ€” the opposite of the American PTO-payout convention. Most member states go further, and collective agreements go further still: Eurofound puts the average collectively agreed annual leave entitlement across the EU at 24.3 days in 2022, with a split between the pre-2004 member states (25.3 days) and those that joined later (20.9 days).

CountryStatutory minimum paid annual leaveNotes
United States0 daysNo federal requirement; employer policy only
Japan10 daysRises with service to a maximum of 20 days
Canada (federal jurisdiction)2 weeks3 weeks after 5 years' service, 4 weeks after 10
Germany20 days24 working days on a six-day week; collective deals commonly 30
Poland20 days26 days once total employment reaches 10 years
Australia20 daysFour weeks under the National Employment Standards
EU minimum (all 27 states)20 daysWorking Time Directive Art. 7; cannot be paid out except on termination
Spain30 calendar daysApproximately 22โ€“23 working days
France5 weeks25 working days, plus public holidays
United Kingdom28 days5.6 weeks โ€” employers may count bank holidays within it
Derived metric โ€” the twenty-year gap

The average American in private industry reaches 20 paid vacation days after twenty years of service (BLS, March 2025). Twenty days is precisely the statutory minimum an EU worker is entitled to on their first day of employment (Working Time Directive, Art. 7). Measured against the EU average collectively agreed entitlement of 24.3 days, the twenty-year American is still 4.3 days short โ€” and the one-year American, on 11 days, has 45% of it. A full US career of tenure-based accrual buys what a European contract opens with. Arithmetic ours; inputs from BLS, Directive 2003/88/EC and Eurofound.

Comparisons of days actually taken are murkier, because no statistical agency collects them internationally. The widely-cited country rankings come from Expedia's Vacation Deprivation consumer survey โ€” 11,580 respondents across 11 countries, fielded 26 March to 3 April 2024 by Harris Research Partners. Its most defensible finding is not the league table but the trend: 65% of US workers report feeling vacation-deprived, the highest reading in eleven years of the series, and 93% of French respondents describe vacation as a basic right against 83% of Americans.

6. Unlimited PTO: the two-day benefit

Unlimited or "open" leave is the most discussed and least adopted policy in the field. SHRM's Employee Benefits Survey puts adoption at 7% of US employers, against 98% offering a conventional vacation policy โ€” and the figure has been flat to slightly declining, not rising.

The employer fear is that people take too much. The data says the opposite. Analysis by Empower, reported by SHRM in October 2024, found employees with unlimited PTO take 16 days a year against 14 days under a defined policy โ€” a difference of two days. Meanwhile the accounting effect runs entirely one way: with no accrual, there is no balance to carry, no liability to book and nothing to pay out at termination.

Days actually taken, by policy type

US employees, Empower analysis reported by SHRM, October 2024. Bars scaled against a 25-day maximum.

Unlimited / open PTO
16
Traditional accrual policy
14
EU statutory floor (entitlement)
20
The comparison to be careful with. The 16-versus-14 figures measure days taken; the 20-day EU figure is an entitlement. They are shown on one chart to make the scale visible, not to claim like-for-like. The honest reading is that an unlimited-PTO American takes four fewer days than the legal minimum a European may not be paid out of.

7. What unused leave costs โ€” and who owns the balance

In an accrual system, untaken leave does not evaporate. It sits on the balance sheet as an accrued liability, growing with every pay rise, and in several states it cannot legally be taken away. California treats accrued vacation as earned wages under Labor Code ยง227.3: use-it-or-lose-it forfeiture is unlawful and unused vacation must be paid out at separation. Colorado, Montana and Nebraska take comparable positions. The distinction that matters in policy drafting is between a cap (you stop accruing above a ceiling โ€” lawful everywhere) and a forfeiture (you lose what you already earned โ€” unlawful in those states).

The dollar figures attached to this are shakier than they look. The most-quoted estimate โ€” that Americans held more than $312 billion in unused vacation, affecting some 68 million people โ€” comes from Sorbet, a PTO-management vendor, based on a Sapio survey of 1,500 US employees aged 21+ fielded in December 2023. The same survey found 62% did not use all their vacation days, women took about 10% less PTO than men, and workers aged 21โ€“34 took roughly a week less than those aged 55+. It is a real survey with a stated method; it is also a vendor with a product to sell, and the total has been reported elsewhere as $224 billion and $318 billion. Divide it out and you get about $4,590 per affected worker ($312bn รท 68m) โ€” useful for scale, not for a headline.

8. Benchmark cheat sheet

The numbers most often needed in a policy paper, a board deck or a journalist's sidebar, with the source and reference period attached to each.

BenchmarkFigureSource & period
US civilian workers with paid vacation access77%BLS NCS, March 2025
US private-industry vacation days, 1 / 5 / 10 / 20 years11 / 15 / 18 / 20BLS NCS, March 2025
US average paid holidays where provided8 per yearBLS holiday profile, March 2018
Full-time vs part-time vacation access89% vs 38%BLS NCS, March 2025
Workers taking less PTO than offered46%Pew Research Center, Feb 2023, nย =ย 5,188
Top reason for not taking leave52% โ€” "don't need more"Pew Research Center, Feb 2023
Employers offering unlimited/open PTO7%SHRM Employee Benefits Survey
Days taken: unlimited vs accrual16 vs 14Empower, via SHRM, Oct 2024
US statutory minimum paid leave0 daysCEPR, No-Vacation Nation
EU statutory minimum paid annual leave4 weeks (20 days)Directive 2003/88/EC, Art. 7
EU average collectively agreed entitlement24.3 daysEurofound, 2022
US workers feeling vacation-deprived65%Expedia, fieldwork Marโ€“Apr 2024, nย =ย 11,580

9. Statistics to handle with care

Four figures dominate PTO coverage and none of them means what it is usually made to mean.

"Americans take 11 days a year; the French take 29." This league table comes from Expedia's consumer survey, not from any labour statistics agency, and the edition year is almost always dropped when it is quoted โ€” the figures have moved between editions. Days taken are self-reported and the samples are online panels of roughly 1,000 per country. Cite it as a survey of attitudes, which it is good at, rather than as a measurement of leave, which it is not designed for.

"$312 billion of unused PTO." A vendor estimate extrapolated from 1,500 respondents, reported elsewhere as $224 billion and $318 billion. The direction is well supported; the precision is not. If you need a defensible number for a specific employer, calculate it from your own accrued-liability ledger.

"Unlimited PTO means people take less time off." Widely repeated, and the best available data contradicts it: 16 days versus 14. What is true is subtler โ€” unlimited plans remove the accrued balance, so the employee loses a payable asset and the employer loses a liability. That is a balance-sheet argument, not a wellbeing one, and it should be made as such.

"The average American gets two weeks of vacation." Only after a year of service, only in the 77% of jobs that offer paid vacation at all, and only as an average across a distribution where 31% of one-year workers get 5โ€“9 days. The sentence is true of the average and false of the median experience in low-wage and part-time work, where the honest figure is often zero.

10. What to do with these numbers

Benchmark against your own tenure ladder

11 / 15 / 18 / 20 days at 1 / 5 / 10 / 20 years is the US private-industry average. If your ladder is flatter than that at the top, tenure is not doing the retention work you think it is. If it is steeper, you are paying for loyalty in a currency that costs nothing to promise and a great deal to accrue.

Measure take-up, not entitlement

Report the share of employees using 90%+ of their entitlement alongside average days taken, split by manager status and tenure. If your managers are the lowest users โ€” as Pew's 54% suggests they will be โ€” no policy change will fix take-up until they visibly go first.

Fix coverage before encouragement

Nearly half of unused leave is explained by workload, not policy. Require a named cover owner on every approved leave request, and recognise the person covering. A small reward for coverage is cheaper than the burnout of the person who never leaves.

Check the part-time cliff in your own data

The 51-point full-time/part-time access gap is a national average, not a law of nature. Pro-rated PTO for part-time staff is administratively trivial in most systems and is the single largest lever on leave equity available to a US employer.

Methodology and sources

Every figure on this page comes from a named source with its reference period stated. Where a number is derived, the inputs and the arithmetic are shown next to it and it is labelled as derived. Nothing is averaged across sources with different universes without saying so.

  • US Bureau of Labor Statistics, National Compensation Survey โ€” Employee Benefits in the United States, March 2025 (news release USDL-25-1464, published 25 September 2025), plus the associated "Who receives paid vacations?" fact sheet and paid-leave charts. Source of all access percentages, the average days by service requirement, the industry and establishment-size breakdowns and the consolidated-leave-plan figures.
  • BLS holiday profile fact sheet (reference period March 2018) for the average of eight paid holidays per year among workers who receive them.
  • Pew Research Center, "More than 4 in 10 U.S. workers don't take all their paid time off", fieldwork 6โ€“12 February 2023, nย =ย 5,188 US workers. Source of the 46% headline, the group breakdowns and the stated reasons.
  • Sorbet / Sapio Research, PTO survey fielded December 2023, nย =ย 1,500 US employees aged 21+. Source of the $312bn unused-vacation estimate, the 62% non-use figure and the gender and age splits. Vendor research; treated accordingly in section 9.
  • Empower, analysis of PTO usage reported by SHRM in October 2024 (16 versus 14 days), and the SHRM Employee Benefits Survey for the 7% unlimited-leave adoption rate.
  • Expedia Vacation Deprivation report, 24th annual edition, conducted by Harris Research Partners, fieldwork 26 Marchโ€“3 April 2024, nย =ย 11,580 across 11 countries. Source of the 65% vacation-deprivation figure and the attitudinal comparisons.
  • Directive 2003/88/EC of the European Parliament and of the Council (Working Time Directive), Article 7 โ€” the four-week minimum and the prohibition on payment in lieu except on termination.
  • Eurofound, collectively agreed working time series โ€” EU average collectively agreed paid annual leave of 24.3 days (2022), 25.3 days in the EU14 and 20.9 days in the member states that joined from 2004.
  • Center for Economic and Policy Research, No-Vacation Nation โ€” the absence of any US statutory paid leave entitlement and the international comparison.
  • National statutory sources for the country table: the Canada Labour Code (federally regulated employers), the Polish Labour Code Art. 154, Spain's Workers' Statute Art. 38, Germany's Federal Leave Act, Australia's National Employment Standards, and UK statutory holiday entitlement of 5.6 weeks.
  • California Labor Code ยง227.3 and state labour-department guidance for the treatment of accrued vacation as earned wages.
  • Citation. If you use these figures, please cite the underlying source rather than this page, and link here as the compilation. Derived metrics โ€” the full-use rate, the part-time cliff and the twenty-year gap โ€” are original to this page and should be attributed to Rewordin with their inputs.

    Leave is only half of how people feel rewarded

    The data in this report says something uncomfortable: the leave employers already offer is not fully taken, and the reasons are about workload and social permission rather than policy. Recognition is the lever that works on both โ€” acknowledging the colleague who covers, and marking the return rather than burying it under a backlog. Rewordin delivers gift-card rewards in 150+ countries in local currencies, with the reporting to show who was recognised, when and for what.

    About the authors

    MK
    Maciej Kamieniak
    Founder & CEO, Rewordin

    Maciej is the founder and CEO of Rewordin, a global employee rewards and recognition platform delivering gift cards in 150+ countries. He works directly with HR, People Ops and finance teams on reward programme design, HR systems integration and bulk gift card procurement, and writes about the research behind effective recognition. Based in Wrocล‚aw, Poland. Connect on LinkedIn โ†’

    NK
    Natalia Kamieniak
    CFO, Rewordin

    Natalia is the CFO of Rewordin and co-reviewer of every cost, compensation and regulatory claim published on the platform โ€” including the accrued-liability treatment of unused leave and the three derived metrics in this report, each of which is shown here with its arithmetic rather than presented as a survey finding. Connect on LinkedIn โ†’

    Last reviewed: 7 September 2026 ยท Date published: 7 September 2026
    Every statistic on this page is attributed to a named source with its reference period and, where published, its sample size. Derived metrics are labelled and their arithmetic shown. Widely circulated figures that are commonly misread are listed separately in section 9 rather than repeated as fact.

    How many paid vacation days does the average American get?

    Eleven, after one year of service, among private-industry workers who have paid vacation at all (BLS National Compensation Survey, March 2025). It rises to 15 days after five years, 18 after ten and 20 after twenty. State and local government workers do slightly better at each step: 13, 16, 19 and 22 days. The averages sit on a wide distribution โ€” after one year, 31% of private-industry workers get only 5โ€“9 days.

    What percentage of US workers have paid time off?

    77% of civilian workers had access to paid vacation in March 2025, 80% had paid holidays and 82% had paid sick leave (BLS). Access is far from universal: 89% of full-time workers have paid vacation against 38% of part-time workers, 85% of the highest-paid decile against 43% of the lowest, and 96% in manufacturing against 46% in leisure and hospitality.

    Is paid vacation required by law in the United States?

    No. There is no federal requirement for paid vacation days or paid holidays, and no US state mandates paid vacation either โ€” the state laws that exist cover paid sick leave. The Center for Economic and Policy Research's No-Vacation Nation reports have found the US to be the only advanced economy with no statutory paid leave guarantee. Individual states do regulate what happens to vacation once it has been earned: California, Colorado, Montana and Nebraska prohibit use-it-or-lose-it forfeiture.

    How much paid leave is required in the EU?

    At least four weeks โ€” 20 working days โ€” for every worker, under Article 7 of Directive 2003/88/EC. The directive also prohibits replacing that minimum with a payment in lieu except where the employment relationship ends, which is why European employers cannot simply buy leave back. Most member states legislate above the floor and collective agreements push it higher again: Eurofound puts the EU average collectively agreed entitlement at 24.3 days (2022).

    What percentage of employees do not use all their PTO?

    46% of US workers who receive paid time off take less than their employer offers, according to a Pew Research Center survey of 5,188 workers fielded in February 2023. A separate vendor survey (Sorbet/Sapio, December 2023, nย =ย 1,500) put the figure at 62%, using a different question and a much smaller sample. The Pew figure is the more defensible of the two for citation.

    Why don't employees take their paid time off?

    The three reasons Pew found most often were not needing more time off (52%), worrying about falling behind at work (49%) and feeling bad about colleagues absorbing the extra work (43%). Fear of job loss is a minority reason overall but concentrated: 24% among workers with under a year of service against 11% among the longer-tenured, and 21% of Black workers against 13% of White workers. Two of the top three reasons are about coverage, which makes workload planning โ€” not encouragement โ€” the effective intervention.

    Do employees with unlimited PTO take more time off?

    Slightly. Empower's analysis, reported by SHRM in October 2024, found 16 days taken under unlimited PTO against 14 days under a traditional accrual policy. Adoption remains low at about 7% of US employers per SHRM's Employee Benefits Survey. The material difference is financial rather than behavioural: unlimited plans have no accruing balance, so there is no liability on the balance sheet and nothing to pay out when someone leaves.

    Can an employer take away vacation days you have already earned?

    It depends on the state. California treats accrued vacation as earned wages under Labor Code ยง227.3, so use-it-or-lose-it forfeiture is unlawful and unused vacation must be paid out at separation; Colorado, Montana and Nebraska take comparable positions. Everywhere, a reasonable accrual cap โ€” you stop earning above a ceiling โ€” is lawful. The line is between capping future accrual and confiscating leave already earned.

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