,,ii #aaith ,,congress #b;d ,session ,s4 #ebhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,sanders 7for himself1 ,mr4 ,murphy1 ,mr4 ,markey1 ,mr4 ,gallego1 and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 ,guaranteed ,paid ,vacation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commerce ,the terms commerce and industry or activity affecting commerce-- 7,a7 mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce2 and 7,b7 include commerce and 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 ,covered employee ,the term covered employee means an individual who is-- 7,a7 7i7 an employee who is not covered under any other provision of this paragraph2 7ii7 an employee of the ,government ,accountability ,office2 or 7iii7 an employee of a covered employer described in paragraph 7#c77;,b77i77,v72 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 covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,d7 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,e7 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 title71 who is not covered under subparagraph 7,c74 7#c7 ,employer 7,a7 ,in general ,the term employer means any 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 #aiie 7#b ,u4,s4,c4 #acja72 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 includes the ,government ,accountability ,office and the ,library of ,congress2 7,,iii7 includes any public agency2 7,,iv7 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,v7 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 #aha774 7ii7 ,public agency ,for purposes of clause 7i77,,iii71 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 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 leave provided on an annual basis 7provided under this ,act or otherwise71 or any other form of paid leave provided to a covered employee by the employer of such covered employee to be used during a period 7other than nonworkdays established by ,state or ,federal law7 in which the covered employee would otherwise work2 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 7ii7 leave 7paid or unpaid7 that is provided by an employer of a covered employee1 including such leave required by ,federal1 ,state1 or local law1 and is-- 7,i7 family or medical leave2 7,,ii7 sick leave2 7,,iii7 bereavement leave2 7,,iv7 leave related to the adoption or fostering of a child2 7,v7 leave related to domestic violence1 sexual assault1 or stalking2 7,,vi7 leave with respect to a public health emergency2 7,,vii7 leave for a holiday established by ,federal1 ,state1 or local law2 or 7,,viii7 leave for jury duty1 for a civic duty1 or to vote2 or 7iii7 any absence or paid leave under workers' compensation or a disability plan4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,,flsa definitions 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms employ1 employee1 person1 public agency1 ,state1 and tipped employee have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7,b7 ,employee ,for purposes of paragraph 7#b77;,a77i71 the term employee has meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc71 except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph 7#c77;,a77i77,i74 #c4 ,earned paid annual leave 7a7 ,earning of paid annual leave 7#a7 ,earning of annual leave ,an employer shall provide each covered employee employed by the employer not less than #a hour of paid annual leave for every #be hours worked by the covered employee4 7#b7 ,limitation 7,a7 ,in general ,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 a covered employee during any #ab-month period4 7,b7 ,greater than #hj hours of paid annual leave ,in determining the amount of hours provided to a covered employee for purposes of limitation under subparagraph 7,a71 an employer may not include-- 7i7 any earned and unused paid annual leave that is carried over by the covered employee from a previous #ab-month period under subsection 7b77#e72 7ii7 any leave acquired by the covered employee through equitable relief provided under section #f for a violation of section #e2 or 7iii7 any leave reinstated to the covered employee under subsection 7d77#b77;,a74 7,c7 ,rule of construction ,this section shall not be construed to preclude an employer from providing more than #hj hours of paid annual leave4 7#c7 ,commencement of earning paid annual leave ,a covered employee shall begin to earn paid annual leave at the commencement of employment of such covered employee4 7#d7 ,overtime and minimum wage exempt employee ,for purposes of this section1 a covered employee who is exempt from overtime and minimum wage requirements under section #ac7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77 shall be deemed to work #dj hours in each workweek4 7b7 ,use of paid annual leave 7#a7 ,in general ,paid annual leave earned under subsection 7a77#a7 may be used by a covered employee for any reason4 7#b7 ,timing ,subject to paragraphs 7#b7 and 7#c7 of subsection 7c7 and except as provided in subsection 7d77#b71 a covered employee may use paid annual leave earned by the covered employee under subsection 7a77#a7 at any time after the leave is earned during1 except as provided in paragraph 7#e71 the #ab-month period after the leave is earned4 7#c7 ,rate of compensation 7,a7 ,in general ,except as provided in subparagraph 7,b71 a covered employee using paid annual leave earned under subsection 7a77#a7 shall be compensated1 for the period that the covered employee is using such leave1 at the regular rate at which the covered employee would have been paid for such period if the covered employee were not using the paid annual leave4 7,b7 ,tipped employee ,for the purposes of subparagraph 7,a71 a covered employee who is a tipped employee shall be compensated1 for the period that such employee is using paid annual leave earned under subsection 7a77#a71 at a rate equivalent to the greater of-- 7i7 the minimum wage required under section #f7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a772 7ii7 the applicable ,state minimum wage2 7iii7 the applicable local minimum wage2 7iv7 any other wage rate required by ,federal1 ,state1 or local law2 or 7v7 the regular rate at which the employee is employed4 7#d7 ,loaning of annual leave 7,a7 ,loaned leave ,an employer may loan paid annual leave to a covered employee for use by such covered employee in advance of the covered employee earning such paid annual leave under subsection 7a77#a74 7,b7 ,use of loaned leave ,except as provided in subparagraph 7,c71 paid annual leave loaned under subparagraph 7,a7 shall be treated as if earned under subsection 7a77#a74 7,c7 ,reimbursement for loaned leave 7i7 ,in general ,an employer may require a covered employee of such employer to reimburse the employer for any paid annual leave loaned under subparagraph 7,a7 that such covered employee has not earned at the time of the termination of the employment of the covered employee4 7ii7 ,rate ,reimbursement under clause 7i7 shall be at the applicable rate described in paragraph 7#c74 7#e7 ,carryover ,an employer shall permit a covered employee of such employer to carry over not more than #dj hours of any earned and unused paid annual leave under subsection 7a77#a7 in a #ab-month period to be used by the covered employee in the following #ab-month period4 7#f7 ,increments of use of paid annual leave ,an employer shall allow any covered employee to use paid annual leave earned under subsection 7a77#a7 in increments of the smaller of-- 7,a7 an hour2 or 7,b7 the smallest increment of time that the employer's payroll system uses to account for absences or use of other time4 7#g7 ,benefits retained during leave 7,a7 ,in general ,an employer shall maintain any employment benefits provided to a covered employee during any period in which the covered employee takes paid annual leave1 and such benefits shall be provided in the same manner as if the covered employee had continued in employment continuously for the duration of such leave4 7,b7 ,employment benefits ,for purposes of subparagraph 7,a71 the term employment benefits has the meaning given such term in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa71 except that a reference in such section to the terms employee and employer shall be considered a reference to a covered employee and employer 7as such terms are defined in section #b71 respectively4 7c7 ,procedures for use of paid annual leave 7#a7 ,in general ,subject to paragraph 7#c71 a covered employee may use paid annual leave earned under subsection 7a77#a7 upon a verbal or written notification by the covered employee to the employer of the covered employee as provided in paragraph 7#b74 7#b7 ,employee notification 7,a7 ,format of notice ,an employer may not specify whether the notification under paragraph 7#a7 is provided through a verbal notice or a written notice4 7,b7 ,notice samples ,the ,secretary shall create samples for verbal and written notices required under paragraph 7#a74 7,c7 ,timing of notice ,a covered employee shall provide notice regarding an intent to use paid annual leave under paragraph 7#a7 on a day that is-- 7i7 before the day on which the covered employee intends to use the paid annual leave2 and 7ii7 not more than #ad days before the day on which the covered employee intends to use the paid annual leave4 7,d7 ,emergency or unforeseeable use of leave ,notwithstanding subparagraph 7,c71 an employer shall waive any notice requirement and allow the use of paid annual leave earned under subsection 7a77#a7 in the case of an emergency or a situation in which a covered employee can not provide timely notice to an employer for the use the paid annual leave4 7#c7 ,reasonable restrictions 7,a7 ,in general ,notwithstanding paragraph 7#a71 an employer may-- 7i7 place limited1 reasonable restrictions regarding the scheduling of paid annual leave earned under subsection 7a77#a7 for a bona fide business reason2 and 7ii7 reject a scheduling request under paragraph 7#a7 for such leave for a bona fide business reason4 7,b7 ,limitation on rejection 7i7 ,in general ,an employer may not reject a request by a covered employee under subparagraph 7,a77ii7 unless the employer-- 7,i7 provides other reasonable alternative times1 as described in clause 7ii71 for the covered employee to schedule such leave2 and 7,,ii7 complies with the notice requirement described in clause 7iii74 7ii7 ,reasonable alternatives 7,i7 ,in general ,a reasonable alternative time described in this clause is a date other than a date a covered employee requests to use paid annual leave that is within #cj days before or after the date requested by the covered employee4 7,,ii7 ,expiration of paid leave ,an employer may not offer a reasonable alternative time described in this clause to prevent the use of paid annual leave that is set to expire4 7iii7 ,denial notice ,in any case in which an employer rejects a request of a covered employee to use paid annual leave under subparagraph 7,a77ii71 the employer shall1 not later than #e business days after the day the covered employee made such request1 provide to the covered employee a written notice-- 7,i7 detailing the bona fide business reason for such denial2 and 7,,ii7 that provides the reasonable alternative time described in clause 7ii74 7#d7 ,purpose of use of paid annual leave ,an employer may not require a covered employee to disclose the purpose or reason for which the covered employee is using paid annual leave under subsection 7a77#a74 7#e7 ,prohibition on finding cover ,an employer may not require1 as a condition of using paid annual leave earned under subsection 7a77#a71 that a covered employee search for or find a replacement to cover the hours during which the covered employee is using such paid annual leave4 7#f7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall provide guidance to employers on compliance with paragraph 7#c71 including by defining the terms limited1 reasonable restriction and bona fide business reason4 7d7 ,procedures regarding leave for employee separation 7#a7 ,compensation ,in any case in which the employment of a covered employee is terminated and such covered employee has unused paid annual leave earned under subsection 7a77#a7 7including any leave carried over under subsection 7b77#e771 the employer of the covered employee shall provide financial compensation1 at the applicable rate described in subsection 7b77#c71 to such covered employee for all such paid annual leave earned by the covered employee that is unused as of the date of the termination4 7#b7 ,reinstatement ,if the employment of a covered employee with an employer is terminated and the covered employee is subsequently rehired by the employer within #ab months after that termination-- 7,a7 in a case in which the covered employee had paid annual leave 7other than paid annual leave earned under subsection 7a77#a7 and compensated for under paragraph 7#a77 that was not compensated for by the employer at the applicable rate described under subsection 7b77#c7 7as if such paid annual leave was paid annual leave earned under subsection 7a77#a771 the employer shall reinstate such paid annual leave to the covered employee2 and 7,b7 the covered employee shall be entitled to use such leave and earn additional paid annual leave under subsection 7a77#a7 at the recommencement of employment with the employer4 #d4 ,employer notice and system requirements 7a7 ,employer notice requirement ,an employer shall notify each covered employee of the employer 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 covered employee on or before the first day of employment of such covered employee2 7#b7 including such information in any 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 the 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-- 7,a7 pertaining to the filing of an action under section #f2 7,b7 regarding the protections that a covered employee has in exercising rights under this ,act2 and 7,c7 on how the covered employee can contact the ,secretary 7or other appropriate authority as described in section #f7 if any such rights are violated2 and 7#c7 details of any notice requirement the employer may require1 as described in section #c7;c77#b74 7c7 ,system requirement ,each employer shall establish a system1 such as through an online portal1 written request1 or through pay stubs1 to inform each covered employee of the employer how much paid annual leave each covered employee has earned4 7d7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall provide guidance to employers on compliance with this section1 including regarding sample notices and systems4 #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 violating any provision of section #c or #d2 7#b7 discharging or discriminating against 7including retaliating against7 any individual1 including a job applicant1 for exercising or attempting to exercise1 any right provided under this ,act2 7#c7 using the taking of paid annual leave provided under this ,act as a negative factor in an employment action1 such as hiring1 promotion1 reducing hours or numbers of shifts1 or a disciplinary action2 or 7#d7 counting the use of such 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 7c7 ,impermissible consideration ,a violation of subsection 7a7 or 7b7 shall be established when a complaining party demonstrates that the complaining party exercising any right provided under this ,act was a motivating factor in any action described in subsection 7a7 or 7b7 against the complaining party1 even if other factors also motivated the action4 #f4 ,enforcement and investigative authority 7a7 ,in general 7#a7 ,definition ,in this subsection-- 7,a7 the term employee means a covered employee described in subparagraph 7,a7 or 7,b7 of section #b7b72 and 7,b7 the term employer means an employer described in subclause 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 require1 under the authority of this paragraph1 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 paragraph 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 clause 7ii71 an action may be brought under this paragraph or paragraph 7#d7 not later 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 such 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 later 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 this paragraph or paragraph 7#d7 for the purposes of this subparagraph1 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 and equitable relief described in paragraph 7#c77;,b74 7,c7 ,sums recovered 7i7 ,in general ,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 7ii7 ,unpaid recovered sums 7,i7 ,in general ,any such sums not paid to an employee or individual affected because of the inability to do so within a period of #c years after such recovery shall be deposited into the fund established under subclause 7,,ii74 7,,ii7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund for amounts deposited under subclause 7,i74 7,,iii7 ,deposits ,any sums deposited under subclause 7,i7-- 7aa7 shall be deposited in the fund established under subclause 7,,ii7-- 7,,aa7 notwithstanding section #ccjb of title #ca1 ,united ,states ,code2 and 7,,bb7 as offsetting collections2 and 7bb7 may be used by the ,secretary for enforcement activities1 including related to this ,act or the ,fair ,labor ,standards ,act of #aich4 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 reinstatement1 and promotion4 7,e7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under this paragraph4 7#e7 ,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 7b7 ,employees covered by chapter #e of title #c1 united ,states code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7b77;,c74 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 to 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 under subsection 7a77#c71 for injunctive relief that is authorized under this ,act4 ,in such a suit1 the court may award 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 7f7 ,collective bargaining agreement resolution ,in addition to the enforcement mechanisms under this section1 an employee or labor organization may also use a grievance and arbitration procedure of a collective bargaining agreement to enforce collectively bargained provisions relating to paid annual leave4 #g4 ,effect on other laws and existing employment agreements 7a7 ,state or local laws 7#a7 ,greater leave rights ,nothing in this ,act shall be construed to supersede any provision of any ,state or local law that provides greater paid annual leave or other leave rights to covered employees or individuals than the rights established under this ,act4 7#b7 ,distinguish between types of leave ,for the purposes of this subsection1 a ,state or local law that does not distinguish between time earned for paid annual leave and time earned for sick leave shall be deemed a law that provides lesser paid annual leave or other rights to covered employees or individuals than the rights established under this ,act4 7b7 ,more protective agreements ,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 covered employees or individuals than the rights established under this ,act4 7c7 ,less protective agreements ,the rights established for covered employes 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 paid annual leave entitlement established under this ,act1 which shall include information about-- 7#a7 the rights provided to a covered employee under this ,act2 and 7#b7 resources available to a covered 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 ,except as provided in subsection 7b71 this ,act shall take effect #ahj days after the date of enactment of this ,act4 7b7 ,collective bargaining agreements ,in the case of an applicable 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