I 

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. GARCI ́A 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protected Time Off 

3 Act’’ or the ‘‘PTO Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COMMERCE.—The terms ‘‘commerce’’ and 

7 ‘‘industry or activity affecting commerce’’ means any 

8 activity, business, or industry in commerce or in 

9 which a labor dispute would hinder or obstruct com10 merce or the free flow of commerce, and include 

11 ‘‘commerce’’ and any ‘‘industry affecting com12 merce’’, as defined in paragraphs (1) and (3) of sec13 tion 501 of the Labor Management Relations Act, 

14 1947 (29 U.S.C. 142(1) and (3)). 

15 (2) EMPLOYEE.—The term ‘‘employee’’ means 

16 an individual who is— 

17 (A)(i) an employee (as defined in section 

18 3(e) of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 203(e)) who is not covered under 

20 any other provision of this paragraph, including 

21 an employee of the Library of Congress, except 

22 that a reference in such section to an employer 

23 shall be considered a reference to an employer 

24 described in paragraph (3)(A)(i)(I); 

25 (ii) an employee of the Government 

26 Accountability Office; or 


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1 (iii) an employee of a covered em2 ployer described in paragraph 

3 (3)(B)(i)(IV); 

4 (B) a State employee described in section 

5 304(a) of the Government Employee Rights Act 

6 of 1991 (42 U.S.C. 2000e–16c(a)), other than 

7 an applicant for employment; 

8 (C) a tipped employee, as defined in sec9 tion 3(t) of the Fair Labor Standards Act of 

10 1938 (29 U.S.C. 203(t)), who is not covered 

11 under any other provision of this paragraph; 

12 (D) a covered employee, as defined in sec13 tion 411(c) of title 3, United States Code; 

14 (E) a covered employee, as defined in sec15 tion 101 of the Congressional Accountability 

16 Act of 1995 (2 U.S.C. 1301), other than an ap17 plicant for employment; or 

18 (F) a Federal officer or employee covered 

19 under subchapter V of chapter 63 of title 5, 

20 United States Code (without regard to the limi21 tation in section 6381(1)(B) of that title). 

22 (3) EMPLOYER.— 

23 (A) IN GENERAL.—The term ‘‘employer’’ 

24 means a person who is— 


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1 (i)(I) a covered employer who is not 

2 described in any other subclause of this 

3 clause; 

4 (II) an entity employing a State em5 ployee described in section 304(a) of the 

6 Government Employee Rights Act of 1991; 

7 (III) an employing office, as defined 

8 in section 101 of the Congressional Ac9 countability Act of 1995; 

10 (IV) an employing office, as defined in 

11 section 411(c) of title 3, United States 

12 Code; or 

13 (V) an employing agency covered 

14 under subchapter V of chapter 63 of title 

15 5, United States Code; and 

16 (ii) engaged in commerce (including gov17 ernment), or an industry or activity affecting 

18 commerce (including government). 

19 (B) COVERED EMPLOYER.— 

20 (i) IN GENERAL.—In subparagraph 

21 (A)(i)(I), the term ‘‘covered employer’’— 

22 (I) means any person engaged in 

23 commerce or in any industry or activ24 ity affecting commerce who employs 1 

25 or more employees for each working 


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1 day during each of 20 or more cal2 endar workweeks in the current or 

3 preceding year; 

4 (II) means the Government Ac5 countability Office and the Library of 

6 Congress; 

7 (III) includes— 

8 (aa) any person who acts, 

9 directly or indirectly, in the inter10 est of an employer covered by 

11 this clause to any of the employ12 ees of such employer; and 

13 (bb) any successor in inter14 est of such an employer; and 

15 (IV) includes any carrier (as such 

16 term is defined in section 1 of the 

17 Railway Labor Act (45 U.S.C. 151)) 

18 and any carrier by air (as described in 

19 section 201 of such Act (45 U.S.C. 

20 181). 

21 (ii) PUBLIC AGENCY.—For purposes 

22 of clause (i), a public agency, as defined in 

23 section 3(x) of the Fair Labor Standards 

24 Act of 1938 (29 U.S.C. 203(x)), shall be 

25 considered to be a person engaged in comVerDate Sep 11 2014 19:47 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7752.IH H7752

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1 merce or in an industry or activity affect2 ing commerce. 

3 (iii) DEFINITIONS.—For the purposes 

4 of this subparagraph: 

5 (I) EMPLOYEE.—The term ‘‘em6 ployee’’ has the meaning given such 

7 term in section 3(e) of the Fair Labor 

8 Standards Act of 1938 (29 U.S.C. 

9 203(e)). 

10 (II) PERSON.—The term ‘‘per11 son’’ has the meaning given such term 

12 in section 3(a) of the Fair Labor 

13 Standards Act of 1938 (20 U.S.C. 

14 203(a)). 

15 (C) PREDECESSORS.—Any reference in 

16 this paragraph to an employer shall include a 

17 reference to any predecessor of such employer. 

18 (4) PAID ANNUAL LEAVE.—The term ‘‘paid an19 nual leave’’— 

20 (A) subject to subparagraph (B), means 

21 paid vacation leave, paid personal leave, paid 

22 annual leave (provided under this Act or other23 wise), or any other form of paid leave provided 

24 to an employee by the employer of such em25 ployee to be used on days in which the employee 


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1 would otherwise work and receive pay, and such 

2 days are exclusive of nonworkdays established 

3 by State or Federal law; and 

4 (B) does not include— 

5 (i) leave provided under the Family 

6 and Medical Leave Act of 1993 (29 U.S.C. 

7 2601, et seq.); or 

8 (ii) any form of sick leave. 

9 (5) RAIL CARRIER.—The term ‘‘rail carrier’’ 

10 has the meaning given such term in section 10102 

11 of title 49, United States Code. 

12 (6) SECRETARY.—Unless otherwise specified, 

13 the term ‘‘Secretary’’ means the Secretary of Labor. 

14 (7) SICK LEAVE.—The term ‘‘sick leave’’ means 

15 leave provided to an employee by the employer of 

16 such employee for reasons such as personal medical 

17 needs, family care or bereavement, care of a family 

18 member with a serious health condition, or adoption19 related purposes, including leave required to be pro20 vided for such reasons under State or Federal law. 

21 (8) STATE.—The term ‘‘State’’ has the mean22 ing given the term in section 3 of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 203). 

24 SEC. 3. EARNED ANNUAL LEAVE. 

25 (a) EARNING OF PAID ANNUAL LEAVE.— 


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1 (1) EARNING OF ANNUAL LEAVE.—An employer 

2 shall provide each employee employed by the em3 ployer not less than 1 hour of paid annual leave for 

4 every 25 hours worked. 

5 (2) LIMIT.—For purposes of complying with 

6 paragraph (1), an employer shall not be required to 

7 provide more than 80 hours of paid annual leave to 

8 an employee during any 12-month period. 

9 (3) COMMENCEMENT OF EARNING PAID AN10 NUAL LEAVE.—An employee shall begin to earn paid 

11 annual leave at the commencement of employment of 

12 such employee. 

13 (4) OVERTIME EXEMPT EMPLOYEE.—For pur14 poses of this section, an employee who is exempt 

15 from overtime requirements under section 13(a)(1) 

16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

17 213(a)(1)) shall be deemed to work 40 hours in each 

18 workweek. 

19 (b) USE OF PAID ANNUAL LEAVE.— 

20 (1) IN GENERAL.—Paid annual leave may be 

21 used by an employee for any reason. 

22 (2) TIMING.—Subject to paragraphs (2) and 

23 (3) of subsection (c), an employee may use paid an24 nual leave earned by the employee— 


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1 (A) beginning on the 60th calendar day 

2 after the first date of employment of the em3 ployee; or 

4 (B) at any time before such calendar day 

5 at the discretion of the employer of such em6 ployee. 

7 (3) RATE OF COMPENSATION.— 

8 (A) IN GENERAL.—An employee using paid 

9 annual leave shall be compensated, for the pe10 riod that the employee is using such leave, at 

11 the same rate at which the employee would 

12 have been paid for such period if the employee 

13 were not using paid annual leave. 

14 (B) TIPPED EMPLOYEE.—For the pur15 poses of subparagraph (A), with respect to a 

16 tipped employee, such an employee shall be 

17 compensated, for the period that such employee 

18 is using paid annual leave, at a rate equivalent 

19 to the Federal minimum wage, the applicable 

20 State minimum wage, or the applicable munic21 ipal minimum wage, whichever is higher. 

22 (4) LOANING OF ANNUAL LEAVE.— 

23 (A) LOANED LEAVE.—An employer may 

24 loan paid annual leave to an employee for use 

25 by such employee in advance of the employee 


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1 earning such annual leave, including before the 

2 60th calendar day after the first date of em3 ployment of the employee. 

4 (B) REIMBURSEMENT FOR LOANED

5 LEAVE.—An employer may require an employee 

6 of such employer to reimburse the employer for 

7 any annual leave loaned under subparagraph 

8 (A) that such employee has not earned at the 

9 time of separation. Such reimbursement will be 

10 at the rate described in paragraph (3). 

11 (c) PROCEDURES FOR USE OF PAID ANNUAL

12 LEAVE.— 

13 (1) IN GENERAL.—Subject to paragraphs (2) 

14 and (3), an employee may use paid annual leave 

15 upon the verbal or written request of the employee. 

16 (2) EMPLOYEE NOTIFICATION.— 

17 (A) IN GENERAL.—An employer may re18 quire an employee to provide notice to the em19 ployer to use paid annual leave. 

20 (B) TIMING OF NOTICE.—An employer 

21 may not require an employee to provide notice 

22 in excess of 2 weeks in advance of the use of 

23 such leave. 

24 (C) EMERGENCY.—In the case of an emer25 gency or situation where an employee can not 


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1 provide timely notice to an employer for the use 

2 of paid annual leave, the employer may except 

3 any notice requirement and allow the use of 

4 such leave. 

5 (3) REASONABLE RESTRICTIONS.—An employer 

6 may place limited, reasonable restrictions regarding 

7 the scheduling of paid annual leave and may reject 

8 a scheduling request for such leave for a bona fide 

9 business reason, so long as the employer provides 

10 other reasonable alternative times for the employee 

11 to schedule such leave. 

12 (4) PURPOSE OF USE OF PAID ANNUAL

13 LEAVE.—An employer may not require an employee 

14 to disclose the purpose or reason for which the em15 ployee is using paid annual leave. 

16 (5) CARRYOVER.—An employer shall permit an 

17 employee of such employer to use up to 40 hours of 

18 unused paid annual leave provided to the employee 

19 during a 12-month period during the following 12- 

20 month period. 

21 (6) PROHIBITION ON FINDING COVER.—An em22 ployer may not require, as a condition of providing 

23 paid annual leave, that an employee search for or 

24 find a replacement employee to cover the hours dur25 ing which the employee is using such annual leave. 


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1 (d) PROCEDURES REGARDING LEAVE FOR EM2 PLOYEE SEPARATION.— 

3 (1) REIMBURSEMENT.—Upon an employee sep4 arating from an employer, the employer shall provide 

5 financial reimbursement, at the rate described in 

6 subsection (b)(3), to such employee for all unused 

7 paid annual leave of the employee. 

8 (2) REINSTATEMENT.—If an employee is sepa9 rated from employment with an employer and is re10 hired, within 12 months after that separation, by the 

11 same employer— 

12 (A) the employer shall reinstate the em13 ployee’s previously earned paid annual leave; 

14 and 

15 (B) the employee shall be entitled to use 

16 such leave and earn additional paid annual 

17 leave at the recommencement of employment 

18 with the employer. 

19 SEC. 4. NOTICE REQUIREMENTS. 

20 (a) NOTICE REQUIREMENT.—An employer shall no21 tify each employee about the paid annual leave policy of 

22 such employer, which shall include the information de23 scribed in subsection (b), by— 


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1 (1) providing such information, in writing, to 

2 each employee on or before the first day of employ3 ment of such employee; 

4 (2) including such information in the employee 

5 handbook; and 

6 (3) posting a notice containing such informa7 tion in a physical conspicuous place on the premises 

8 of the employer or a virtual conspicuous place, where 

9 notices to employees are customarily posted. 

10 (b) CONTENTS.—The information provided pursuant 

11 to subsection (a) shall include— 

12 (1) any paid annual leave policy of such em13 ployer, including any paid annual leave policy that 

14 provides paid annual leave in excess of the require15 ments of this Act; 

16 (2) information pertaining to the filing of an 

17 action under section 6; 

18 (3) details of any notice requirement the em19 ployer may require, as described in section 3(c)(2); 

20 (4) information regarding— 

21 (A) the protections that an employee has 

22 in exercising rights under this Act; and 

23 (B) how the employee can contact the Sec24 retary (or other appropriate authority as deVerDate Sep 11 2014 19:47 Apr 04, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H7752.IH H7752

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1 scribed in section 6) if any such rights are vio2 lated. 

3 SEC. 5. PROHIBITED ACTS. 

4 (a) INTERFERENCE WITH RIGHTS.—It shall be un5 lawful for any employer to interfere with, restrain, or deny 

6 the exercise of, or the attempt to exercise, any right pro7 vided under this Act, including— 

8 (1) discharging or discriminating against (in9 cluding retaliating against) any individual for exer10 cising, including a job applicant, or attempting to 

11 exercise, any right provided under this Act; 

12 (2) using the taking of paid annual leave as a 

13 negative factor in an employment action, such as 

14 hiring, promotion, reducing hours or numbers of 

15 shifts, or a disciplinary action; or 

16 (3) counting paid annual leave under a no-fault 

17 attendance policy or any other absence-control pol18 icy. 

19 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR20 IES.—It shall be unlawful for any person to discharge or 

21 in any other manner discriminate against (including retali22 ating against) any individual, including a job applicant, 

23 because such individual— 


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1 (1) has filed an action under section 6, or has 

2 instituted or caused to be instituted any proceeding, 

3 under this Act; 

4 (2) has given, or intends to give, any informa5 tion in connection with any inquiry or proceeding re6 lating to any right provided under this Act; or 

7 (3) has testified, or intends to testify, in any in8 quiry or proceeding relating to any right provided 

9 under this Act. 

10 SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY. 

11 (a) IN GENERAL.— 

12 (1) DEFINITION.—In this subsection— 

13 (A) the term ‘‘employee’’ means an em14 ployee described in subparagraph (A), (B), or 

15 (C) of section 2(2); and 

16 (B) the term ‘‘employer’’ means an em17 ployer described in subclauses (I) or (II) of sec18 tion 2(3)(A)(i). 

19 (2) INVESTIGATIVE AUTHORITY.— 

20 (A) IN GENERAL.—To ensure compliance 

21 with this Act, or any regulation or order issued 

22 under this Act, the Secretary shall have, subject 

23 to subparagraph (C), the investigative authority 

24 provided under section 11(a) of the Fair Labor 

25 Standards Act of 1938 (29 U.S.C. 211(a)), 


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1 with respect to employers, employees, and other 

2 individuals affected by an employer. 

3 (B) OBLIGATION TO KEEP AND PRESERVE

4 RECORDS.—An employer shall make, keep, and 

5 preserve records pertaining to compliance with 

6 this Act in accordance with section 11(c) of the 

7 Fair Labor Standards Act of 1938 (29 U.S.C. 

8 211(c)) and in accordance with regulations pre9 scribed by the Secretary. 

10 (C) REQUIRED SUBMISSIONS GENERALLY

11 LIMITED TO AN ANNUAL BASIS.—The Secretary 

12 may not require an employer to submit to the 

13 Secretary any books or records more than once 

14 during any 12-month period, unless the Sec15 retary has reasonable cause to believe there 

16 may exist a violation of this act or any regula17 tion or order issued pursuant to this Act, or is 

18 investigating a charge pursuant to paragraph 

19 (4). 

20 (D) SUBPOENA AUTHORITY.—For the pur21 poses of any investigation provided for in this 

22 paragraph, the Secretary shall have the sub23 poena authority provided for under section 9 of 

24 the Fair Labor Standards Act of 1938 (29 

25 U.S.C. 209). 


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1 (3) PRIVATE RIGHT OF ACTION.— 

2 (A) IN GENERAL.—An action to recover 

3 damages or equitable relief prescribed in sub4 paragraph (B) may be maintained against any 

5 employer in any Federal or State court of com6 petent jurisdiction by an employee or individual 

7 or a representative for and on behalf of— 

8 (i) the employee or individual; or 

9 (ii) the employee or individual and 

10 others similarly situated. 

11 (B) LIABILITY.—Any employer who vio12 lates section 5 (including a violation relating to 

13 rights provided under section 3) shall be liable 

14 to any employee or individual affected— 

15 (i) for damages equal to— 

16 (I) the amount of— 

17 (aa) any wages, salary, em18 ployment benefits, or other com19 pensation denied or lost by rea20 son of the violation; or 

21 (bb) in a case in which 

22 wages, salary, employment bene23 fits, or other compensation have 

24 not been denied or lost, any ac25 tual monetary losses sustained as 


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1 a direct result of the violation up 

2 to a sum equal to 80 hours of 

3 wages or salary for the employee 

4 or individual; 

5 (II) the interest on the amount 

6 described in subclause (I) calculated 

7 at the prevailing rate; and 

8 (III) an additional amount as liq9 uidated damages; and 

10 (ii) for such equitable relief as may be 

11 appropriate, including employment, rein12 statement, and promotion. 

13 (C) FEES AND COSTS.—The court in an 

14 action under this subsection shall, in addition to 

15 any judgment awarded to the plaintiff, allow a 

16 reasonable attorney’s fee, reasonable expert wit17 ness fees, and other costs to be paid by the de18 fendant. 

19 (D) LIMITATIONS.— 

20 (i) IN GENERAL.—Except as provided 

21 in subparagraph (B), an action may be 

22 brought under paragraph (2) or (3) not 

23 more than 2 years after the date of the 

24 last event constituting the alleged violation 

25 for which the action is brought. 


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1 (ii) WILLFUL VIOLATION.—In the 

2 case of an action brought for a willful vio3 lation of section 5 (including a willful vio4 lation relating to rights provided under 

5 section 3), such action may be brought not 

6 more than 3 years after the last event con7 stituting the alleged violation for which 

8 such action is brought. 

9 (iii) COMMENCEMENT.—In deter10 mining when an action is commenced 

11 under paragraph (2) or (3) for the pur12 poses of this subsection, the action shall be 

13 considered to be commenced on the date 

14 when the complaint is filed. 

15 (4) ACTIONS BY THE SECRETARY.— 

16 (A) ADMINISTRATIVE ACTIONS.—The Sec17 retary shall receive, investigate, and attempt to 

18 resolve complaints of violations of section 5 in 

19 the same manner that the Secretary receives, 

20 investigates, and attempts to resolve complaints 

21 of violations of sections 6 and 7 of the Fair 

22 Labor Standards Act of 1938 (29 U.S.C. 206 

23 and 207). 

24 (B) CIVIL ACTION.—The Secretary may 

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1 diction to recover the damages described in sub2 section (a)(3)(B). 

3 (C) SUMS RECOVERED.—Any sums recov4 ered by the Secretary pursuant to subparagraph 

5 (B) shall be held in a special deposit account 

6 and shall be paid, on order of the Secretary, di7 rectly to each employee or individual affected. 

8 Any sums not paid to an employee or individual 

9 affected because of the inability to do so within 

10 a period of 3 years shall be deposited into the 

11 Treasury of the United States as miscellaneous 

12 receipts. 

13 (D) ACTION FOR INJUNCTION BY SEC14 RETARY.—The district courts of the United 

15 States shall have jurisdiction, for cause shown, 

16 in an action brought by the Secretary— 

17 (i) to restrain violations of section 5 

18 (including a violation relating to rights 

19 provided under section 3), including the re20 straint of any withholding of wages, salary, 

21 employment benefits, or other compensa22 tion, plus interest, found by the court to be 

23 due to employees or individuals eligible 

24 under this Act; or 


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1 (ii) to award such other equitable re2 lief as may be appropriate, including em3 ployment, reinstatements, and promotion. 

4 (E) SOLICITOR OF LABOR.—The Solicitor 

5 of Labor may appear for an represent the Sec6 retary on any litigation brought under this sub7 section. 

8 (b) GOVERNMENT ACCOUNTABILITY OFFICE AND LI9 BRARY OF CONGRESS.—Notwithstanding any other provi10 sion of this section, in the case of the Government Ac11 countability Office and the Library of Congress, the au12 thority of the Secretary under this subsection shall be ex13 ercised respectively by the Comptroller General of the 

14 United States and the Librarian of Congress. 

15 (c) EMPLOYEES COVERED BY CONGRESSIONAL AC16 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

17 procedures provided in the Congressional Accountability 

18 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de19 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

20 person, alleging a violation of section 202(a)(1) of that 

21 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

22 and procedures this Act provides to that Board, or any 

23 person, alleging an unlawful employment practice in viola24 tion of this Act against an employee described in section 

25 2(2)(D). 


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1 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

2 5, UNITED STATES CODE.—The powers, remedies, and 

3 procedures provided in title 5, United States Code, to an 

4 employing agency, provided in chapter 12 of that title to 

5 the Merit Systems Protection Board, or provided in that 

6 title to any person, alleging a violation of chapter 63 of 

7 that title, shall be the powers, remedies, and procedures 

8 this Act provides to that agency, that Board, or any per9 son, respectively, alleging an unlawful employment prac10 tice in violation of this Act against an employee described 

11 in section 2(2)(E). 

12 (e) REMEDIES FOR STATE EMPLOYEES.— 

13 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

14 State’s receipt or use of Federal financial assistance 

15 for any program or activity of a State shall con16 stitute a waiver of sovereign immunity, under the 

17 11th Amendment of the Constitution or otherwise, 

18 to a suit brought by an employee of that program 

19 or activity under this Act for equitable, legal, or 

20 other relief authorized under this Act. 

21 (2) OFFICIAL CAPACITY.—An official of a State 

22 may be sued in the official capacity of the official by 

23 any employee who has complied with the procedures 

24 of subsection (a)(3), for injunctive relief that is au25 thorized under this Act. In such a suit, the court 


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1 may to the prevailing party those costs authorized 

2 by section 722 of the Revised Statutes (42 U.S.C. 

3 1988). 

4 (3) APPLICABILITY.—With respect to a par5 ticular program or activity, paragraph (1) applies to 

6 conduct occurring on or after the day, after the date 

7 of enactment of this Act, on which a State first re8 ceives or uses Federal financial assistance for that 

9 program or activity. 

10 (4) PROGRAM OR ACTIVITY DEFINED.—In this 

11 subsection, the term ‘‘program or activity’’ has the 

12 meaning given the term in section 606 of the Civil 

13 Rights Act of 1964 (42 U.S.C. 2000d–4a). 

14 SEC. 7. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

15 (a) MORE PROTECTIVE.—Nothing in this Act shall 

16 be construed to diminish the obligation of an employer to 

17 comply with any contract, collective bargaining agreement, 

18 or any employment benefit program or plan that provides 

19 greater paid annual leave or other leave rights to employ20 ees or individuals than the rights established under this 

21 Act. 

22 (b) LESS PROTECTIVE.—The rights established for 

23 employees under this Act shall not be diminished by any 

24 contract, collective bargaining agreement, or any employ25 ment program or plan. 


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1 SEC. 8. AWARENESS CAMPAIGN. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Secretary shall carry 

4 out a public awareness campaign to inform the public 

5 about the earned annual leave entitlement established 

6 under this Act, which shall include information about— 

7 (1) the rights provided to an employee under 

8 this Act; and 

9 (2) resources available to an employee if the 

10 employee believes the rights provided under this act 

11 have been violated. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section. 

15 SEC. 9. EFFECTIVE DATES. 

16 (a) EFFECTIVE DATE.—This Act, and the amend17 ment made by this Act, shall take effect 180 days after 

18 the date of enactment of this Act. 

19 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

20 case of a collective bargaining agreement in effect on the 

21 effective date prescribed under subsection (a), the Act 

22 shall take effect on the earlier of— 

23 (1) the date of the termination of such agree24 ment; 

25 (2) the date of any amendment, made on or 

26 after such effective date, to such agreement; or 


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25 

•HR 7752 IH

1 (3) the date that occurs 18 months after such 

2 effective date. 

Æ 


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