119-hr4763

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4763 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4763

To require employers to provide paid annual leave to employees, and for 
 other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 25, 2025

 Mr. Magaziner (for himself, Ms. Adams, Ms. Budzinski, Mr. Carson, Mr. 
 Casar, Mr. Cleaver, Ms. Crockett, Mr. Davis of Illinois, Mr. Deluzio, 
 Mrs. Dingell, Mr. Evans of Pennsylvania, Mr. Fields, Mr. Frost, Mr. 
Garcia of California, Ms. Garcia of Texas, Mr. Garcia of Illinois, Mr. 
 Goldman of New York, Mr. Gomez, Mrs. Hayes, Ms. Norton, Ms. Hoyle of 
 Oregon, Ms. Jayapal, Mr. Khanna, Mr. Krishnamoorthi, Mr. Lynch, Mr. 
 McGovern, Mr. Menendez, Ms. Meng, Mr. Mullin, Mr. Nadler, Mr. Neguse, 
Ms. Ocasio-Cortez, Ms. Omar, Mr. Pocan, Mrs. Ramirez, Ms. Sanchez, Ms. 
 Schakowsky, Ms. Stansbury, Ms. Titus, Ms. Tlaib, Mrs. Watson Coleman, 
Ms. Williams of Georgia, and Mr. Tonko) introduced the following bill; 
which was referred to the Committee on Education and Workforce, and in 
 addition to the Committees on House Administration, Oversight and 
 Government Reform, the Judiciary, and Transportation and 
 Infrastructure, 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'' mean 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) Covered employee.--The term ``covered employee'' means 
 an individual who is--
        (A)
            (i) an employee who is not covered under any 
 other provision of this paragraph, 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 covered employee (as defined in 

section 411
            (c) of title 3, United States Code);
            (D) 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
        (E) 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 any 
 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 
 any 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) includes 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.
            (C) Predecessors.--Any reference in this paragraph 
 to an employer shall include a reference to any 
 predecessor of such employer.

    (4) FLSA 

=== definitions. ===
-The terms ``employ'', ``employee'', 
 ``person'', and ``State'' have the meanings given the terms in 
 

section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
 203).

    (5) Paid annual leave.--The term ``paid annual leave''--
        (A) means paid vacation leave and paid personal 
 leave provided to an employee by the employer of such 
 employee to be used during period in which the employee 
 would otherwise work; and
        (B) does not include--
            (i) paid or unpaid family and medical leave 
 provided by the employer or required by 
 Federal, State, or local law;
            (ii) leave provided under the Family and 
 Medical Leave Act of 1993 (29 U.S.C. 2601, et 
 seq.);
            (iii) sick leave provided by the employer 
 or required by Federal, State, or local law;
            (iv) bereavement leave provided by the 
 employer or required by Federal, State or local 
 law;
            (v) leave provided by the employer or 
 required by Federal State, or local law for 
 purposes related to adoption or fostering of a 
 child;
            (vi) leave related to domestic violence, 
 sexual assault, or stalking provided by the 
 employer or required by Federal, State, or 
 local law;
            (vii) leave provided by the employer or 
 required by Federal, State, or local law with 
 respect to a public health emergency;
            (viii) absence or paid leave under workers' 
 compensation or a disability plan;
            (ix) leave provided by the employer or 
 leave required to be provided by Federal, 
 State, or local law for holidays established by 
 Federal, State, or local law; or
            (x) leave provided by the employer or 
 required by Federal, State, or local law for 
 jury duty, civic duty, or to vote.

    (6) Rail carrier.--The term ``rail carrier'' has the 
 meaning given such term in 

section 10102 of title 49, United 
 States Code.

    (7) Secretary.--Unless otherwise specified, the term 
 ``Secretary'' means the Secretary of Labor.

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) Limitation.--
        (A) In general.--For purposes of complying with 
 paragraph

    (1) , an employer may not be required to 
 provide more than 80 hours of paid annual leave to an 
 employee during any 12-month period.
        (B) Rule of construction.--Nothing in this section 
 may be construed to preclude an employer from providing 
 more than 80 hours of paid annual leave.

    (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, where an employer is not required by the Fair Labor 
 Standards Act of 1938 to maintain and preserve records of hours 
 worked because an employee is exempt from minimum wage or 
 overtime requirements under such Act (29 U.S.C. 213

    (a) ), the 
 employee 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 as it is accrued.

    (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 regular 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 (as 
 defined in 

section 3

    (t) of the Fair Labor Standards Act 
 of 1938 (29 U.S.C. 203

    (t) )), such an employee shall be 
 compensated, for the period that such employee is using 
 paid annual leave, at a rate equivalent to the higher 
 of--
            (i) the Federal minimum wage;
            (ii) the applicable State minimum wage;
            (iii) the applicable local or municipal 
 minimum wage;
            (iv) any other wage required by law; or
            (v) the regular rate at which the employee 
 is employed.

    (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.
        (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 shall be at 
 the rate described in paragraph

    (3) .

    (5) Increments of use of paid annual leave.--An employer 
 shall allow employees to use paid annual leave in increments of 
 the smaller of--
        (A) hourly increments; or
        (B) the smallest increment of time that the 
 employer's payroll system uses to account for absences 
 or use of other time.

    (6) Benefits retained during leave.--An employer shall 
 maintain any employment benefits (as defined in 

section 101

    (5) of the Family and Medical Leave Act of 1993) provided to an 
 employee during any period in which the employee takes paid 
 annual leave, and such benefits shall be provided in the same 
 manner as if the employee had continued in employment 
 continuously for the duration of such leave.
            (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) Employee notification.--An employee shall 
 provide notice to the employer to use paid annual 
 leave.
        (B) Notice described.--The Secretary shall create 
 sample notices for the purpose described in 
 subparagraph
        (A) .
            (C) 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.
            (D) Unforeseeable use of leave.--In the case of an 
 unforeseeable use of leave, an employee shall not be 
 required to provide the notice required under 
 subparagraph
        (A) .

    (3) Reasonable restrictions.--
        (A) In general.--An employer may place limited, 
 reasonable restrictions for the scheduling of paid 
 annual leave for a bona fide business reason and may 
 reject a scheduling request for such leave for a bona 
 fide business reason, so long as the employer--
            (i) provides other reasonable alternative 
 times, as described in subparagraph
        (B) , for 
 the employee to schedule such leave; and
            (ii) and complies with the notice 
 requirement described in subparagraph
            (C) .
        (B) Reasonable alternatives.--A reasonable 
 alternative time described in this subparagraph is a 
 date other than the date the employee requested to use 
 paid annual leave that is within 30 days of such date.
            (C) Denial notice.--In the case that an employer 
 denies a request of an employee to use paid annual 
 leave, the employer shall, not later than 5 business 
 days after the day the employee made such request, 
 provide to the employee a written notice--
            (i) detailing the bona fide business reason 
 for such denial; and
            (ii) that provides the reasonable 
 alternative time described in subparagraph
        (B) .
            (D) Can not prevent use of expiring leave.--Such 
 reasonable alternative time may not be offered to 
 prevent the use of paid annual leave that is set to 
 expire.

    (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 carry over up to 40 hours of any accrued and 
 unused paid annual leave to the following 12-month period.

    (6) Prohibition on finding cover.--An employer may not 
 require, as a condition of taking 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.

    (7) Guidance.--Not later than 180 after the date of 
 enactment of this Act, the Secretary shall provide guidance to 
 employers on compliance with paragraph

    (3) , including defining 
 the terms limited reasonable restriction, a bona fide business 
 reason, and a reasonable alternative time.
            (d) Procedures Regarding Leave for Employee Separation.--

    (1) Compensation.--In the case that an employee separates 
 from an employer and such employee has unused paid annual 
 leave, the employer shall provide financial compensation at a 
 rate that is the higher of--
        (A) the average regular rate received by such 
 employee during the last 3 years of the employee's 
 employment; or
        (B) the final regular rate received by the 
 employee.

    (2) Reinstatement.--If an employee separates from 
 employment with an employer and is rehired within 12 months 
 after that separation by the same employer--
        (A) in the case that the employee had paid annual 
 leave in excess of 80 hours that was not compensated 
 under paragraph

    (1) , the employer shall reinstate such 
 leave for the employee; 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. EMPLOYER NOTICE AND SYSTEM 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 any 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) ; and

    (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.
            (c) System Requirement.--An employer shall establish a system, such 
as through an online portal, written request, or through pay stubs, to 
inform each employee of the employer how much paid annual leave each 
employee has earned.

SEC. 5. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any 
employer to--

    (1) violate any provision of 

section 3 or 4;

    (2) discharge or discriminate against (including to 
 retaliate against) any individual, including a job applicant, 
 for exercising, or attempting to exercise, any right provided 
 under this Act;

    (3) use the taking of paid annual leave provided under this 
 Act as a negative factor in an employment action, such as 
 hiring, promotion, reducing hours or numbers of shifts, or a 
 disciplinary action; or

    (4) count the use of such 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.
            (c) Impermissible Consideration.--A violation of subsection

    (a) or

    (b) shall be established when a complaining party demonstrates that any 
action described in paragraphs

    (1) ,

    (2) , or

    (3) of subsections

    (a) or

    (b) was a motivating factor in any such action taken against the 
complaining party, even though other factors also motivated the action.

SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY.

    (a) In General.--

    (1) === Definition. ===
-In this subsection--
        (A) the term ``employee'' means a covered 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 
 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 award 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).

    (f) Collective Bargaining Agreement Resolution.--In addition to the 
enforcement mechanisms set forth in this section, 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 leave.

SEC. 7. EFFECT ON OTHER LAWS AND EXISTING AGREEMENTS.

    (a) State or Municipal Laws.--

    (1) 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 employees or individuals than the rights established under 
 this Act.

    (2) Distinguish between types of leave.--For the purposes 
 of this subsection, a State or municipal 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 employees or 
 individuals than the rights established under this Act.

    (b) More Protective Agreements.--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.
            (c) Less Protective Agreements.--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 paid annual leave 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 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.
 <all>