,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ggeb ,,in ,,the ,,house ,,of ,,representatives ,march #bj1 #bjbd,mr4 ,magaziner 7for himself1 ,ms4 ,budzinski1 ,mr4 ,casar1 ,ms4 ,crockett1 ,ms4 ,adams1 ,mr4 ,amo1 ,mr4 ,bowman1 ,mr4 ,carson1 ,mr4 ,davis of ,illinois1 ,mr4 ,deluzio1 ,ms4 ,escobar1 ,mr4 ,robert ,garcia of ,california1 ,ms4 ,garcia of ,texas1 ,mr4 ,garca of ,illinois1 ,mr4 ,goldman of ,new ,york1 ,mr4 ,grijalva1 ,ms4 ,hoyle of ,oregon1 ,mr4 ,huffman1 ,mr4 ,jackson of ,illinois1 ,ms4 ,jayapal1 ,mr4 ,khanna1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,lynch1 ,mr4 ,mc,govern1 ,mr4 ,menendez1 ,mr4 ,mullin1 ,mr4 ,nadler1 ,mr4 ,neguse1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,ms4 ,omar1 ,mr4 ,pocan1 ,mrs4 ,ramirez1 ,ms4 ,salinas1 ,ms4 ,schakowsky1 ,mr4 ,schiff1 ,ms4 ,stansbury1 ,ms4 ,titus1 ,ms4 ,tlaib1 ,ms4 ,tokuda1 ,mrs4 ,trahan1 ,mrs4 ,watson ,coleman1 and ,ms4 ,williams of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,oversight and ,accountability1 ,house ,administration1 ,transportation and ,infrastructure1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protected ,time ,off ,act or the ,,pto ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commerce ,the terms commerce and industry or activity affecting commerce means any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce1 and include commerce and any industry affecting commerce1 as defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb7a7 and 7#c774 7#b7 ,employee ,the term employee means an individual who is-- 7,a7 7i7 an employee 7as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77 who is not covered under any other provision of this paragraph1 including an employee of the ,library of ,congress1 except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph 7#c77;,a77i77,i72 7ii7 an employee of the ,government ,accountability ,office2 or 7iii7 an employee of a covered employer described in paragraph 7#c77;,b77i77,,iv72 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a771 other than an applicant for employment2 7,c7 a tipped employee1 as defined in section #c7t7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7t771 who is not covered under any other provision of this paragraph2 7,d7 a covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,e7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 other than an applicant for employment2 or 7,f7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code 7without regard to the limitation in section #fcha7a77;,b7 of that title74 7#c7 ,employer 7,a7 ,in general ,the term employer means a person who is-- 7i7 7,i7 a covered employer who is not described in any other subclause of this clause2 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government74 7,b7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #a or more employees for each working day during each of #bj or more calendar workweeks in the current or preceding year2 7,,ii7 means the ,government ,accountability ,office and the ,library of ,congress2 7,,iii7 includes-- 7aa7 any person who acts1 directly or indirectly1 in the interest of an employer covered by this clause to any of the employees of such employer2 and 7bb7 any successor in interest of such an employer2 and 7,,iv7 includes any carrier 7as such term is defined in section #a of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea77 and any carrier by air 7as described in section #bja of such ,act 7#de ,u4,s4,c4 #aha74 7ii7 ,public agency ,for purposes of clause 7i71 a public agency1 as defined in section #c7x7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7x771 shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7iii7 ,definitions ,for the purposes of this subparagraph3 7,i7 ,employee ,the term employee has the meaning given such term in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e774 7,,ii7 ,person ,the term person has the meaning given such term in section #c7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bj ,u4,s4,c4 #bjc7;a774 7,c7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7#d7 ,paid annual leave ,the term paid annual leave-- 7,a7 subject to subparagraph 7,b71 means paid vacation leave1 paid personal leave1 paid annual leave 7provided under this ,act or otherwise71 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 pay1 and such days are exclusive of nonworkdays established by ,state or ,federal law2 and 7,b7 does not include-- 7i7 leave provided under the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja1 et seq472 or 7ii7 any form of sick leave4 7#e7 ,rail carrier ,the term rail carrier has the meaning given such term in section #ajajb of title #di1 ,united ,states ,code4 7#f7 ,secretary ,unless otherwise specified1 the term ,secretary means the ,secretary of ,labor4 7#g7 ,sick leave ,the term sick leave means leave provided to an employee by the employer of such employee for reasons such as personal medical needs1 family care or bereavement1 care of a family member with a serious health condition1 or adoption-related purposes1 including leave required to be provided for such reasons under ,state or ,federal law4 7#h7 ,state ,the term ,state has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 #c4 ,earned annual leave 7a7 ,earning of paid annual leave 7#a7 ,earning of annual leave ,an employer shall provide each employee employed by the employer not less than #a hour of paid annual leave for every #be hours worked4 7#b7 ,limit ,for purposes of complying with paragraph 7#a71 an employer shall not be required to provide more than #hj hours of paid annual leave to an employee during any #ab-month period4 7#c7 ,commencement of earning paid annual leave ,an employee shall begin to earn paid annual leave at the commencement of employment of such employee4 7#d7 ,overtime exempt employee ,for purposes of this section1 an employee who is exempt from overtime requirements under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 shall be deemed to work #dj hours in each workweek4 7b7 ,use of paid annual leave 7#a7 ,in general ,paid annual leave may be used by an employee for any reason4 7#b7 ,timing ,subject to paragraphs 7#b7 and 7#c7 of subsection 7c71 an employee may use paid annual leave earned by the employee-- 7,a7 beginning on the #fjth calendar day after the first date of employment of the employee2 or 7,b7 at any time before such calendar day at the discretion of the employer of such employee4 7#c7 ,rate of compensation 7,a7 ,in general ,an employee using paid annual leave shall be compensated1 for the period that the employee is using such leave1 at the same rate at which the employee would have been paid for such period if the employee were not using paid annual leave4 7,b7 ,tipped employee ,for the purposes of subparagraph 7,a71 with respect to a tipped employee1 such an employee shall be compensated1 for the period that such employee is using paid annual leave1 at a rate equivalent to the ,federal minimum wage1 the applicable ,state minimum wage1 or the applicable municipal minimum wage1 whichever is higher4 7#d7 ,loaning of annual leave 7,a7 ,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 leave1 including before the #fjth calendar day after the first date of employment of the employee4 7,b7 ,reimbursement for loaned leave ,an employer may require an employee of such employer to reimburse the employer for any annual leave loaned under subparagraph 7,a7 that such employee has not earned at the time of separation4 ,such reimbursement will be at the rate described in paragraph 7#c74 7c7 ,procedures for use of paid annual leave 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 an employee may use paid annual leave upon the verbal or written request of the employee4 7#b7 ,employee notification 7,a7 ,in general ,an employer may require an employee to provide notice to the employer to use paid annual leave4 7,b7 ,timing of notice ,an employer may not require an employee to provide notice in excess of #b weeks in advance of the use of such leave4 7,c7 ,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 leave1 the employer may except any notice requirement and allow the use of such leave4 7#c7 ,reasonable restrictions ,an employer may place limited1 reasonable restrictions regarding the scheduling of paid annual leave and may reject a scheduling request for such leave for a bona fide business reason1 so long as the employer provides other reasonable alternative times for the employee to schedule such leave4 7#d7 ,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 leave4 7#e7 ,carryover ,an employer shall permit an employee of such employer to use up to #dj hours of unused paid annual leave provided to the employee during a #ab-month period during the following #ab-month period4 7#f7 ,prohibition on finding cover ,an employer may not require1 as a condition of providing paid annual leave1 that an employee search for or find a replacement employee to cover the hours during which the employee is using such annual leave4 7d7 ,procedures regarding leave for employee separation 7#a7 ,reimbursement ,upon an employee separating from an employer1 the employer shall provide financial reimbursement1 at the rate described in subsection 7b77#c71 to such employee for all unused paid annual leave of the employee4 7#b7 ,reinstatement ,if an employee is separated from employment with an employer and is rehired1 within #ab months after that separation1 by the same employer-- 7,a7 the employer shall reinstate the employee's previously earned paid annual leave2 and 7,b7 the employee shall be entitled to use such leave and earn additional paid annual leave at the recommencement of employment with the employer4 #d4 ,notice requirements 7a7 ,notice requirement ,an employer shall notify each employee about the paid annual leave policy of such employer1 which shall include the information described in subsection 7b71 by-- 7#a7 providing such information1 in writing1 to each employee on or before the first day of employment of such employee2 7#b7 including such information in the employee handbook2 and 7#c7 posting a notice containing such information in a physical conspicuous place on the premises of the employer or a virtual conspicuous place1 where notices to employees are customarily posted4 7b7 ,contents ,the information provided pursuant to subsection 7a7 shall include-- 7#a7 any paid annual leave policy of such employer1 including any paid annual leave policy that provides paid annual leave in excess of the requirements of this ,act2 7#b7 information pertaining to the filing of an action under section #f2 7#c7 details of any notice requirement the employer may require1 as described in section #c7;c77#b72 7#d7 information regarding-- 7,a7 the protections that an employee has in exercising rights under this ,act2 and 7,b7 how the employee can contact the ,secretary 7or other appropriate authority as described in section #f7 if any such rights are violated4 #e4 ,prohibited acts 7a7 ,interference with rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this ,act1 including-- 7#a7 discharging or discriminating against 7including retaliating against7 any individual for exercising1 including a job applicant1 or attempting to exercise1 any right provided under this ,act2 7#b7 using the taking of paid annual leave as a negative factor in an employment action1 such as hiring1 promotion1 reducing hours or numbers of shifts1 or a disciplinary action2 or 7#c7 counting paid annual leave under a no-fault attendance policy or any other absence-control policy4 7b7 ,interference with proceedings or inquiries ,it shall be unlawful for any person to discharge or in any other manner discriminate against 7including retaliating against7 any individual1 including a job applicant1 because such individual-- 7#a7 has filed an action under section #f1 or has instituted or caused to be instituted any proceeding1 under this ,act2 7#b7 has given1 or intends to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7#c7 has testified1 or intends to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 #f4 ,enforcement and investigative authority 7a7 ,in general 7#a7 ,definition ,in this subsection-- 7,a7 the term employee means an employee described in subparagraph 7,a71 7,b71 or 7,c7 of section #b7b72 and 7,b7 the term employer means an employer described in subclauses 7,i7 or 7,,ii7 of section #b7c77;,a77i74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with this ,act1 or any regulation or order issued under this ,act1 the ,secretary shall have1 subject to subparagraph 7,c71 the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 employees1 and other individuals affected by an employer4 7,b7 ,obligation to keep and preserve records ,an employer shall make1 keep1 and preserve records pertaining to compliance with this ,act in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary4 7,c7 ,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 #ab-month period1 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 ,act1 or is investigating a charge pursuant to paragraph 7#d74 7,d7 ,subpoena authority ,for the purposes of any investigation provided for in this paragraph1 the ,secretary shall have the subpoena authority provided for under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7#c7 ,private right of action 7,a7 ,in general ,an action to recover damages or equitable relief prescribed in subparagraph 7,b7 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-- 7i7 the employee or individual2 or 7ii7 the employee or individual and others similarly situated4 7,b7 ,liability ,any employer who violates section #e 7including a violation relating to rights provided under section #c7 shall be liable to any employee or individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained as a direct result of the violation up to a sum equal to #hj hours of wages or salary for the employee or individual2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,c7 ,fees and costs ,the court in an action under this subsection shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs to be paid by the defendant4 7,d7 ,limitations 7i7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under paragraph 7#b7 or 7#c7 not more than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7ii7 ,willful violation ,in the case of an action brought for a willful violation of section #e 7including a willful violation relating to rights provided under section #c71 such action may be brought not more than #c years after the last event constituting the alleged violation for which such action is brought4 7iii7 ,commencement ,in determining when an action is commenced under paragraph 7#b7 or 7#c7 for the purposes of this subsection1 the action shall be considered to be commenced on the date when the complaint is filed4 7#d7 ,actions by the ,secretary 7,a7 ,administrative actions ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of section #e in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection 7a77#c77;,b74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each employee or individual affected4 ,any sums not paid to an employee or individual affected because of the inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7,d7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7i7 to restrain violations of section #e 7including a violation relating to rights provided under section #c71 including the restraint of any withholding of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to employees or individuals eligible under this ,act2 or 7ii7 to award such other equitable relief as may be appropriate1 including employment1 reinstatements1 and promotion4 7,e7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for an represent the ,secretary on any litigation brought under this subsection4 7b7 ,government ,accountability ,office and ,library of ,congress ,notwithstanding any other provision of this section1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress4 7c7 ,employees covered by ,congressional ,accountability ,act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bjb7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acab7;a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7b77;,d74 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7b77;,e74 7e7 ,remedies for ,state employees 7#a7 ,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 immunity1 under the #aath ,amendment of the ,constitution or otherwise1 to a suit brought by an employee of that program or activity under this ,act for equitable1 legal1 or other relief authorized under this ,act4 7#b7 ,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 7a77#c71 for injunctive relief that is authorized under this ,act4 ,in such a suit1 the court may to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7#c7 ,applicability ,with respect to a particular program or activity1 paragraph 7#a7 applies to conduct occurring on or after the day1 after the date of enactment of this ,act1 on which a ,state first receives or uses ,federal financial assistance for that program or activity4 7#d7 ,program or activity defined ,in this subsection1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 #g4 ,effect on existing employment benefits 7a7 ,more protective ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 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 ,act4 7b7 ,less protective ,the rights established for employees under this ,act shall not be diminished by any contract1 collective bargaining agreement1 or any employment program or plan4 #h4 ,awareness campaign 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall carry out a public awareness campaign to inform the public about the earned annual leave entitlement established under this ,act1 which shall include information about-- 7#a7 the rights provided to an employee under this ,act2 and 7#b7 resources available to an employee if the employee believes the rights provided under this act have been violated4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #i4 ,effective dates 7a7 ,effective date ,this ,act1 and the amendment made by this ,act1 shall take effect #ahj days after the date of enactment of this ,act4 7b7 ,collective bargaining agreements ,in the case of a collective bargaining agreement in effect on the effective date prescribed under subsection 7a71 the ,act shall take effect on the earlier of-- 7#a7 the date of the termination of such agreement2 7#b7 the date of any amendment1 made on or after such effective date1 to such agreement2 or 7#c7 the date that occurs #ah months after such effective date4