[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7752 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7752
To require employers to provide paid annual leave to employees, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2024
Mr. Magaziner (for himself, Ms. Budzinski, Mr. Casar, Ms. Crockett, Ms.
Adams, Mr. Amo, Mr. Bowman, Mr. Carson, Mr. Davis of Illinois, Mr.
Deluzio, Ms. Escobar, Mr. Robert Garcia of California, Ms. Garcia of
Texas, Mr. Garcia of Illinois, Mr. Goldman of New York, Mr. Grijalva,
Ms. Hoyle of Oregon, Mr. Huffman, Mr. Jackson of Illinois, Ms. Jayapal,
Mr. Khanna, Ms. Lee of Pennsylvania, Mr. Lynch, Mr. McGovern, Mr.
Menendez, Mr. Mullin, Mr. Nadler, Mr. Neguse, Ms. Norton, Ms. Ocasio-
Cortez, Ms. Omar, Mr. Pocan, Mrs. Ramirez, Ms. Salinas, Ms. Schakowsky,
Mr. Schiff, Ms. Stansbury, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mrs.
Trahan, Mrs. Watson Coleman, and Ms. Williams of Georgia) introduced
the following bill; which was referred to the Committee on Education
and the Workforce, and in addition to the Committees on Oversight and
Accountability, House Administration, Transportation and
Infrastructure, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require employers to provide paid annual leave to employees, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protected Time Off Act'' or the
``PTO Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' means any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142(1) and (3)).
(2) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee (as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e))
who is not covered under any other provision of this
paragraph, including an employee of the Library of
Congress, except that a reference in such section to an
employer shall be considered a reference to an employer
described in paragraph (3)(A)(i)(I);
(ii) an employee of the Government
Accountability Office; or
(iii) an employee of a covered employer
described in paragraph (3)(B)(i)(IV);
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a)), other than an applicant for employment;
(C) a tipped employee, as defined in section 3(t)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(t)), who is not covered under any other provision
of this paragraph;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code;
(E) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301), other than an applicant for employment;
or
(F) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (without regard to the limitation in section
6381(1)(B) of that title).
(3) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including government), or
an industry or activity affecting commerce (including
government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 1 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) means the Government
Accountability Office and the Library
of Congress;
(III) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of such an employer;
and
(IV) includes any carrier (as such
term is defined in section 1 of the
Railway Labor Act (45 U.S.C. 151)) and
any carrier by air (as described in
section 201 of such Act (45 U.S.C.
181).
(ii) Public agency.--For purposes of clause
(i), a public agency, as defined in section
3(x) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)), shall be considered to be a
person engaged in commerce or in an industry or
activity affecting commerce.
(iii) Definitions.--For the purposes of
this subparagraph:
(I) Employee.--The term
``employee'' has the meaning given such
term in section 3(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(e)).
(II) Person.--The term ``person''
has the meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (20 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(4) Paid annual leave.--The term ``paid annual leave''--
(A) subject to subparagraph (B), means paid
vacation leave, paid personal leave, paid annual leave
(provided under this Act or otherwise), or any other
form of paid leave provided to an employee by the
employer of such employee to be used on days in which
the employee would otherwise work and receive pay, and
such days are exclusive of nonworkdays established by
State or Federal law; and
(B) does not include--
(i) leave provided under the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601, et
seq.); or
(ii) any form of sick leave.
(5) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(6) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Labor.
(7) Sick leave.--The term ``sick leave'' means leave
provided to an employee by the employer of such employee for
reasons such as personal medical needs, family care or
bereavement, care of a family member with a serious health
condition, or adoption-related purposes, including leave
required to be provided for such reasons under State or Federal
law.
(8) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
SEC. 3. EARNED ANNUAL LEAVE.
(a) Earning of Paid Annual Leave.--
(1) Earning of annual leave.--An employer shall provide
each employee employed by the employer not less than 1 hour of
paid annual leave for every 25 hours worked.
(2) Limit.--For purposes of complying with paragraph (1),
an employer shall not be required to provide more than 80 hours
of paid annual leave to an employee during any 12-month period.
(3) Commencement of earning paid annual leave.--An employee
shall begin to earn paid annual leave at the commencement of
employment of such employee.
(4) Overtime exempt employee.--For purposes of this
section, an employee who is exempt from overtime requirements
under section 13(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 213(a)(1)) shall be deemed to work 40 hours in each
workweek.
(b) Use of Paid Annual Leave.--
(1) In general.--Paid annual leave may be used by an
employee for any reason.
(2) Timing.--Subject to paragraphs (2) and (3) of
subsection (c), an employee may use paid annual leave earned by
the employee--
(A) beginning on the 60th calendar day after the
first date of employment of the employee; or
(B) at any time before such calendar day at the
discretion of the employer of such employee.
(3) Rate of compensation.--
(A) In general.--An employee using paid annual
leave shall be compensated, for the period that the
employee is using such leave, at the same rate at which
the employee would have been paid for such period if
the employee were not using paid annual leave.
(B) Tipped employee.--For the purposes of
subparagraph (A), with respect to a tipped employee,
such an employee shall be compensated, for the period
that such employee is using paid annual leave, at a
rate equivalent to the Federal minimum wage, the
applicable State minimum wage, or the applicable
municipal minimum wage, whichever is higher.
(4) Loaning of annual leave.--
(A) Loaned leave.--An employer may loan paid annual
leave to an employee for use by such employee in
advance of the employee earning such annual leave,
including before the 60th calendar day after the first
date of employment of the employee.
(B) Reimbursement for loaned leave.--An employer
may require an employee of such employer to reimburse
the employer for any annual leave loaned under
subparagraph (A) that such employee has not earned at
the time of separation. Such reimbursement will be at
the rate described in paragraph (3).
(c) Procedures for Use of Paid Annual Leave.--
(1) In general.--Subject to paragraphs (2) and (3), an
employee may use paid annual leave upon the verbal or written
request of the employee.
(2) Employee notification.--
(A) In general.--An employer may require an
employee to provide notice to the employer to use paid
annual leave.
(B) Timing of notice.--An employer may not require
an employee to provide notice in excess of 2 weeks in
advance of the use of such leave.
(C) Emergency.--In the case of an emergency or
situation where an employee can not provide timely
notice to an employer for the use of paid annual leave,
the employer may except any notice requirement and
allow the use of such leave.
(3) Reasonable restrictions.--An employer may place
limited, reasonable restrictions regarding the scheduling of
paid annual leave and may reject a scheduling request for such
leave for a bona fide business reason, so long as the employer
provides other reasonable alternative times for the employee to
schedule such leave.
(4) Purpose of use of paid annual leave.--An employer may
not require an employee to disclose the purpose or reason for
which the employee is using paid annual leave.
(5) Carryover.--An employer shall permit an employee of
such employer to use up to 40 hours of unused paid annual leave
provided to the employee during a 12-month period during the
following 12-month period.
(6) Prohibition on finding cover.--An employer may not
require, as a condition of providing paid annual leave, that an
employee search for or find a replacement employee to cover the
hours during which the employee is using such annual leave.
(d) Procedures Regarding Leave for Employee Separation.--
(1) Reimbursement.--Upon an employee separating from an
employer, the employer shall provide financial reimbursement,
at the rate described in subsection (b)(3), to such employee
for all unused paid annual leave of the employee.
(2) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer--
(A) the employer shall reinstate the employee's
previously earned paid annual leave; and
(B) the employee shall be entitled to use such
leave and earn additional paid annual leave at the
recommencement of employment with the employer.
SEC. 4. NOTICE REQUIREMENTS.
(a) Notice Requirement.--An employer shall notify each employee
about the paid annual leave policy of such employer, which shall
include the information described in subsection (b), by--
(1) providing such information, in writing, to each
employee on or before the first day of employment of such
employee;
(2) including such information in the employee handbook;
and
(3) posting a notice containing such information in a
physical conspicuous place on the premises of the employer or a
virtual conspicuous place, where notices to employees are
customarily posted.
(b) Contents.--The information provided pursuant to subsection (a)
shall include--
(1) any paid annual leave policy of such employer,
including any paid annual leave policy that provides paid
annual leave in excess of the requirements of this Act;
(2) information pertaining to the filing of an action under
section 6;
(3) details of any notice requirement the employer may
require, as described in section 3(c)(2);
(4) information regarding--
(A) the protections that an employee has in
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section 6)
if any such rights are violated.
SEC. 5. PROHIBITED ACTS.
(a) Interference With Rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right provided under this Act, including--
(1) discharging or discriminating against (including
retaliating against) any individual for exercising, including a
job applicant, or attempting to exercise, any right provided
under this Act;
(2) using the taking of paid annual leave as a negative
factor in an employment action, such as hiring, promotion,
reducing hours or numbers of shifts, or a disciplinary action;
or
(3) counting paid annual leave under a no-fault attendance
policy or any other absence-control policy.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action under section 6, or has instituted
or caused to be instituted any proceeding, under this Act;
(2) has given, or intends to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act; or
(3) has testified, or intends to testify, in any inquiry or
proceeding relating to any right provided under this Act.
SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means an employee
described in subparagraph (A), (B), or (C) of section
2(2); and
(B) the term ``employer'' means an employer
described in subclauses (I) or (II) of section
2(3)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with this
Act, or any regulation or order issued under this Act,
the Secretary shall have, subject to subparagraph (C),
the investigative authority provided under section
11(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(a)), with respect to employers, employees,
and other individuals affected by an employer.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this Act in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary may not require an
employer to submit to the Secretary any books or
records more than once during any 12-month period,
unless the Secretary has reasonable cause to believe
there may exist a violation of this act or any
regulation or order issued pursuant to this Act, or is
investigating a charge pursuant to paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Private right of action.--
(A) In general.--An action to recover damages or
equitable relief prescribed in subparagraph (B) may be
maintained against any employer in any Federal or State
court of competent jurisdiction by an employee or
individual or a representative for and on behalf of--
(i) the employee or individual; or
(ii) the employee or individual and others
similarly situated.
(B) Liability.--Any employer who violates section 5
(including a violation relating to rights provided
under section 3) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 80 hours of wages or salary
for the employee or individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this subsection shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs to
be paid by the defendant.
(D) Limitations.--
(i) In general.--Except as provided in
subparagraph (B), an action may be brought
under paragraph (2) or (3) not more than 2
years after the date of the last event
constituting the alleged violation for which
the action is brought.
(ii) Willful violation.--In the case of an
action brought for a willful violation of
section 5 (including a willful violation
relating to rights provided under section 3),
such action may be brought not more than 3
years after the last event constituting the
alleged violation for which such action is
brought.
(iii) Commencement.--In determining when an
action is commenced under paragraph (2) or (3)
for the purposes of this subsection, the action
shall be considered to be commenced on the date
when the complaint is filed.
(4) Actions by the secretary.--
(A) Administrative actions.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 5 in the same manner that the
Secretary receives, investigates, and attempts to
resolve complaints of violations of sections 6 and 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and
207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in subsection (a)(3)(B).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any sums not paid to an employee
or individual affected because of the inability to do
so within a period of 3 years shall be deposited into
the Treasury of the United States as miscellaneous
receipts.
(D) Action for injunction by secretary.--The
district courts of the United States shall have
jurisdiction, for cause shown, in an action brought by
the Secretary--
(i) to restrain violations of section 5
(including a violation relating to rights
provided under section 3), including the
restraint of any withholding of wages, salary,
employment benefits, or other compensation,
plus interest, found by the court to be due to
employees or individuals eligible under this
Act; or
(ii) to award such other equitable relief
as may be appropriate, including employment,
reinstatements, and promotion.
(E) Solicitor of labor.--The Solicitor of Labor may
appear for an represent the Secretary on any litigation
brought under this subsection.
(b) Government Accountability Office and Library of Congress.--
Notwithstanding any other provision of this section, in the case of the
Government Accountability Office and the Library of Congress, the
authority of the Secretary under this subsection shall be exercised
respectively by the Comptroller General of the United States and the
Librarian of Congress.
(c) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this Act
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this Act against an employee described in
section 2(2)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an employee
described in section 2(2)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment of the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
Act for equitable, legal, or other relief authorized under this
Act.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures of subsection (a)(3), for
injunctive relief that is authorized under this Act. In such a
suit, the court may to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this Act, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Program or activity defined.--In this subsection, the
term ``program or activity'' has the meaning given the term in
section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
4a).
SEC. 7. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this Act shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid annual leave or other leave rights to
employees or individuals than the rights established under this Act.
(b) Less Protective.--The rights established for employees under
this Act shall not be diminished by any contract, collective bargaining
agreement, or any employment program or plan.
SEC. 8. AWARENESS CAMPAIGN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall carry out a public awareness campaign
to inform the public about the earned annual leave entitlement
established under this Act, which shall include information about--
(1) the rights provided to an employee under this Act; and
(2) resources available to an employee if the employee
believes the rights provided under this act have been violated.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 9. EFFECTIVE DATES.
(a) Effective Date.--This Act, and the amendment made by this Act,
shall take effect 180 days after the date of enactment of this Act.
(b) Collective Bargaining Agreements.--In the case of a collective
bargaining agreement in effect on the effective date prescribed under
subsection (a), the Act shall take effect on the earlier of--
(1) the date of the termination of such agreement;
(2) the date of any amendment, made on or after such
effective date, to such agreement; or
(3) the date that occurs 18 months after such effective
date.
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