II 

118TH CONGRESS 

1ST SESSION S. 2850 

To extend protections to part-time workers in the areas of family and medical 

leave and to ensure equitable treatment in the workplace. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2023 

Ms. WARREN (for herself, Mr. SANDERS, Mr. WHITEHOUSE, Mr. MARKEY, 

Mr. CASEY, Mr. BOOKER, Mr. WELCH, Mrs. MURRAY, and Mr. PADILLA) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To extend protections to part-time workers in the areas 

of family and medical leave and to ensure equitable treatment in the workplace. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Part-Time Worker Bill 

5 of Rights Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—EXPANDING ACCESS TO BENEFITS FOR PART-TIME 

WORKERS 

Sec. 101. Elimination of hours of service requirement for FMLA leave. 

TITLE II—ENSURING FAIR TREATMENT FOR PART-TIME AND 

TEMPORARY WORKERS 

Sec. 201. Definitions. 

Sec. 202. Elimination of discrimination on the basis of hours worked. 

Sec. 203. Offer of work to existing employees. 

Sec. 204. Prohibited acts. 

Sec. 205. Remedies and enforcement. 

Sec. 206. Regulations. 

1 TITLE I—EXPANDING ACCESS TO 

2 BENEFITS FOR PART-TIME 

3 WORKERS 

4 SEC. 101. ELIMINATION OF HOURS OF SERVICE REQUIRE5 MENT FOR FMLA LEAVE. 

6 (a) AMENDMENT.—Section 101(2)(A) of the Family 

7 and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) 

8 is amended to read as follows: 

9 ‘‘(A) IN GENERAL.—The term ‘eligible em10 ployee’ means an employee who has been em11 ployed for at least 90 days by the employer with 

12 respect to whom leave is requested under sec13 tion 102.’’. 

14 (b) AMENDMENTS TO RELATED STATUTES.— 

15 (1) CONGRESSIONAL ACCOUNTABILITY ACT OF

16 1995.—Section 202(a)(2)(B) of the Congressional 

17 Accountability Act of 1995 (2 U.S.C. 

18 1312(a)(2)(B)) is amended by striking ‘‘12 months 

19 and for at least 1,250 hours of employment during 


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1 the previous 12 months’’ and inserting ‘‘at least 90 

2 days’’. 

3 (2) TITLE 3, UNITED STATES CODE.—Section 

4 412(a)(2)(B) of title 3, United States Code, is 

5 amended by striking ‘‘12 months and for at least 

6 1,250 hours of employment during the previous 12 

7 months’’ and inserting ‘‘at least 90 days’’. 

8 (3) TITLE 5, UNITED STATES CODE.—Chapter 

9 63 of title 5, United States Code, is amended— 

10 (A) in section 6381(1)(B), by striking ‘‘at 

11 least 12 months of service’’ and inserting ‘‘at 

12 least 90 days of service’’; and 

13 (B) in section 6382(d)(2)(E), by striking 

14 ‘‘at least 12 months of service’’ and inserting 

15 ‘‘at least 90 days of service’’. 

16 (c) CONFORMING AMENDMENTS.— 

17 (1) Section 101(2) of the Family and Medical 

18 Leave Act of 1993 (29 U.S.C. 2611(2)) is amend19 ed— 

20 (A) by striking subparagraphs (C) and 

21 (D); and 

22 (B) by redesignating subparagraph (E) as 

23 subparagraph (C). 

24 (2) Section 102(a) of such Act (29 U.S.C. 

25 2612(a)) is amended by striking paragraph (5). 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsections (a), (b), and (c) shall take effect beginning 

3 on the date that is 1 year after the date of enactment 

4 of this Act. 

5 TITLE II—ENSURING FAIR 

6 TREATMENT FOR PART-TIME 

7 AND TEMPORARY WORKERS 

8 SEC. 201. DEFINITIONS. 

9 In this title: 

10 (1) EMPLOY.—The term ‘‘employ’’ has the 

11 meaning given the term in section 3(g) of the Fair 

12 Labor Standards Act of 1938 (29 U.S.C. 203(g)). 

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

14 an individual who is— 

15 (A) an employee, as defined in section 3(e) 

16 of the Fair Labor Standards Act of 1938 (29 

17 U.S.C. 203(e)), who is not covered under any of 

18 subparagraphs (B) through (F), except that a 

19 reference in such section to an employer shall 

20 be considered to be a reference to a person in 

21 commerce described in paragraph (3)(A); 

22 (B) a State employee described in section 

23 304(a) of the Government Employee Rights Act 

24 of 1991 (42 U.S.C. 2000e–16c(a)); 


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1 (C) a covered employee, as defined in sec2 tion 101 of the Congressional Accountability 

3 Act of 1995 (2 U.S.C. 1301), except that such 

4 term shall not include an applicant for employ5 ment; 

6 (D) a covered employee, as defined in sec7 tion 411(c) of title 3, United States Code; 

8 (E) a Federal officer or employee covered 

9 under subchapter V of chapter 63 of title 5, 

10 United States Code; or 

11 (F) an employee of the Government Ac12 countability Office. 

13 (3) EMPLOYER.—The term ‘‘employer’’— 

14 (A)(i) means any person in commerce 

15 that— 

16 (I) employs more than 15 employees 

17 described in paragraph (2)(A), which shall 

18 be calculated by including all employees de19 scribed in paragraph (2)(A) performing 

20 work for compensation on a full-time, part21 time, or temporary basis, except that if the 

22 number of such employees who perform 

23 work for such a person for compensation 

24 fluctuates, the number may be determined 

25 for a calendar year based upon the average 


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1 number of such employees who performed 

2 work for the person for compensation dur3 ing the preceding calendar year; or 

4 (II) is part of an integrated enter5 prise, chain of businesses, group of fran6 chises associated with a franchisor, or net7 work of franchises that, in the aggregate, 

8 employs more than 15 employees, cal9 culated in accordance with subclause (I); 

10 (ii) includes— 

11 (I) any person who acts, directly or 

12 indirectly, in the interest of such an em13 ployer to any of the employees (described 

14 in clause (i)) of such employer; and 

15 (II) any successor in interest of such 

16 an employer; and 

17 (iii) includes an agency described in sub18 paragraph (A)(iii) of section 101(4) of the 

19 Family and Medical Leave Act of 1993 (29 

20 U.S.C. 2611(4)), to which subparagraph (B) of 

21 such section shall apply; 

22 (B) is an entity employing a State em23 ployee described in section 304(a) of the Gov24 ernment Employee Rights Act of 1991 (42 

25 U.S.C. 2000e–16c(a)); 


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1 (C) is an employing office, as defined in 

2 section 101 of the Congressional Accountability 

3 Act of 1995 (2 U.S.C. 1301); 

4 (D) is an employing office, as defined in 

5 section 411(c) of title 3, United States Code; 

6 (E) is an employing agency covered under 

7 subchapter V of chapter 63 of title 5, United 

8 States Code; or 

9 (F) is the Comptroller General of the 

10 United States. 

11 (4) PERSON.—The term ‘‘person’’, except as 

12 used with the term ‘‘person in commerce’’, has the 

13 meaning given the term in section 3(a) of the Fair 

14 Labor Standards Act of 1938 (29 U.S.C. 203(a)). 

15 (5) PERSON IN COMMERCE.— 

16 (A) IN GENERAL.—The term ‘‘person in 

17 commerce’’ means any person who is engaged 

18 in commerce, in any industry or activity affect19 ing commerce, or in the production of goods for 

20 commerce. 

21 (B) COMMERCE.—In subparagraph (A), 

22 the term ‘‘commerce’’ includes government. 

23 (6) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Labor. 


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1 SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS 

2 OF HOURS WORKED. 

3 (a) RULE.— 

4 (1) IN GENERAL.—An employer shall not dis5 criminate against an employee on the basis that 

6 such employee is scheduled to work fewer hours per 

7 week, or is employed for a shorter expected duration, 

8 than another employee of the employer if the jobs of 

9 such employees require substantially equal skill, ef10 fort, responsibility, and duties and such jobs are per11 formed under similar working conditions. 

12 (2) EXAMPLES.—Discrimination described in 

13 paragraph (1) shall include differential treatment 

14 with respect to— 

15 (A) rate of compensation; 

16 (B) notice of, and input into, work hours; 

17 (C) eligibility to accrue, on a pro rata 

18 basis, employer-provided paid and unpaid time 

19 off and other benefits; 

20 (D) promotion opportunities; or 

21 (E) other terms, conditions, or privileges of 

22 employment. 

23 (b) DISTINCTIONS PERMITTED.—This section shall 

24 not be construed to prohibit differences in rate of com25 pensation, or other conditions, terms, or privileges of em26 ployment, of employees of an employer for reasons other 


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1 than the number of hours the employees are scheduled to 

2 work per week, or the expected duration of employment 

3 of the employees, including for reasons such as— 

4 (1) the date on which the employees are hired; 

5 (2) a merit system; or 

6 (3) a system that measures earnings by quan7 tity per hour or quality of production. 

8 SEC. 203. OFFER OF WORK TO EXISTING EMPLOYEES. 

9 (a) WRITTEN STATEMENTS REQUIRED.—Upon hir10 ing an employee, an employer shall— 

11 (1) obtain a written statement of the employee’s 

12 desired number of weekly work hours and the days 

13 and times the employee is available to work; 

14 (2) notify the employee that this written state15 ment may be modified in writing at any time during 

16 employment; and 

17 (3) specify the process to modify the written 

18 statement. 

19 (b) OFFER OF DESIRED WEEKLY WORK HOURS TO

20 EXISTING EMPLOYEES.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), an employer shall schedule an employee 

23 to work the number of weekly hours identified by the 

24 employee as desired weekly hours in a written state25 ment under subsection (a) prior to hiring any new 


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1 employee from an external applicant pool, including 

2 hiring through the use of a temporary services or 

3 staffing agency, or contracting with a contractor or 

4 subcontractor, to work such hours. 

5 (2) EXCEPTIONS.—An employer may hire an 

6 individual as a new employee, or engage a contractor 

7 or subcontractor, to perform work for the employer 

8 if— 

9 (A) the employer needs to fill hours for 

10 which no existing employees who have provided 

11 written statements under subsection (a) are 

12 available based on such written statements; 

13 (B) all existing employees who have pro14 vided written statements under subsection (a) 

15 lack, and cannot obtain with reasonable train16 ing, the qualifications necessary to perform the 

17 work; or 

18 (C) scheduling any such employee to per19 form the work would require providing such em20 ployee overtime compensation at a rate not less 

21 than one and one half times the regular rate at 

22 which the employee is employed, in accordance 

23 with section 7 of the Fair Labor Standards Act 

24 of 1938 (29 U.S.C. 207) or any State law. 

25 (c) COMPENSATION REQUIRED.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), an employee (referred to in this sub3 section as an ‘‘existing employee’’) who is not sched4 uled for the desired number of total weekly work 

5 hours identified by the employee in a written state6 ment under subsection (a) shall be compensated for 

7 each hour worked by a newly hired employee, con8 tractor, or subcontractor hired after the existing em9 ployee so identified such number of hours, during an 

10 hour that such existing employee identified in a writ11 ten statement under such subsection as an hour for 

12 which the employee is available to work. 

13 (2) EXCEPTION.—An employer shall not be re14 quired to compensate an existing employee under 

15 paragraph (1) for any hour of work for which— 

16 (A) the employee lacks, or cannot obtain 

17 with reasonable training, the qualifications nec18 essary to perform the work; 

19 (B) scheduling such employee to perform 

20 the work would require providing the employee 

21 overtime compensation as described in sub22 section (b)(2)(C); 

23 (C) the employer made a reasonable at24 tempt to contact the employee to work such 

25 hour and was unable to reach the employee; or 


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1 (D) the employee was otherwise no longer 

2 available. 

3 (d) DEFINITION.—For purposes of this section, the 

4 terms ‘‘written’’, with respect to a statement, and ‘‘writ5 ing’’ mean a printed or printable communication in phys6 ical or electronic form. 

7 SEC. 204. PROHIBITED ACTS. 

8 (a) INTERFERENCE WITH RIGHTS.—It shall be un9 lawful for any employer to interfere with, restrain, or deny 

10 the exercise or the attempt to exercise, any rights set forth 

11 under this title. 

12 (b) RETALIATION PROHIBITED.—It shall be unlawful 

13 for any employer to discharge, threaten to discharge, de14 mote, suspend, reduce work hours of, or otherwise dis15 criminate (including taking any other adverse employment 

16 action) against any person because of an employee of the 

17 employer exercising the rights of the employee under this 

18 title or opposing any practice made unlawful by this title. 

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

21 in any other manner discriminate against an individual be22 cause such individual— 

23 (1) has filed any charge, or has instituted or 

24 caused to be instituted any proceeding, under or re25 lated to this title; 


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1 (2) has given, or is about to give, any informa2 tion in connection with any inquiry or proceeding re3 lating to any right provided under this title; or 

4 (3) has testified, or is about to testify, in any 

5 inquiry or proceeding relating to any right provided 

6 under this title. 

7 SEC. 205. REMEDIES AND ENFORCEMENT. 

8 (a) INVESTIGATIVE AUTHORITY.— 

9 (1) IN GENERAL.—To ensure compliance with 

10 this title, including any regulation or order issued 

11 under this title, the Secretary shall have, subject to 

12 paragraph (3), the investigative authority provided 

13 under section 11(a) of the Fair Labor Standards 

14 Act of 1938 (29 U.S.C. 211(a)). 

15 (2) OBLIGATION TO KEEP AND PRESERVE

16 RECORDS.— 

17 (A) IN GENERAL.—Each employer shall 

18 maintain for a period of not less than 3 years, 

19 or for the duration of any claim (including the 

20 duration of a related civil action or investiga21 tion) pending pursuant to this title, whichever 

22 is longer, all records necessary to demonstrate 

23 compliance with this title, including compliance 

24 with the requirements of regulations issued by 

25 the Secretary under section 206. Such records 


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1 shall include documentation of offers of hours 

2 of work to employees and responses to such of3 fers. 

4 (B) COPIES.—Each employer shall, upon a 

5 reasonable request of an employee of the em6 ployer, provide the employee with a copy of the 

7 records described in subparagraph (A) relating 

8 to the employee. 

9 (3) REQUIRED SUBMISSIONS GENERALLY LIM10 ITED TO AN ANNUAL BASIS.—The Secretary shall 

11 not require, under the authority of this subsection, 

12 any employer to submit to the Secretary any books 

13 or records more than once during any 12-month pe14 riod, unless the Secretary has reasonable cause to 

15 believe there may exist a violation of this title, in16 cluding any regulation or order issued pursuant to 

17 this title, or is investigating a charge pursuant to 

18 subsection (c). 

19 (4) SUBPOENA POWERS.—For the purposes of 

20 any investigation provided for in this subsection, the 

21 Secretary shall have the subpoena authority provided 

22 for under section 9 of the Fair Labor Standards Act 

23 of 1938 (29 U.S.C. 209). 

24 (b) CIVIL ACTION BY EMPLOYEES.— 

25 (1) LIABILITY.— 


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1 (A) IN GENERAL.—Any employer who vio2 lates section 202, 203, or 204 (each such provi3 sion referred to in this section as a ‘‘covered 

4 provision’’) shall be liable to any person af5 fected for— 

6 (i) damages equal to the amount of— 

7 (I) any wages, salary, employ8 ment benefits (as defined in section 

9 101 of the Family and Medical Leave 

10 Act of 1993 (29 U.S.C. 2611)), or 

11 other compensation denied, lost, or 

12 owed to such employee by reason of 

13 the violation; or 

14 (II) in a case in which wages, 

15 salary, employment benefits (as so de16 fined), or other compensation have 

17 not been denied, lost, or owed to the 

18 employee, any actual monetary losses 

19 sustained by the employee as a direct 

20 result of the violation; 

21 (ii) interest on the amount described 

22 in clause (i) calculated at the prevailing 

23 rate; 

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1 uidated damages equal to the sum of the 

2 amount described in clause (i) and the in3 terest described in clause (ii); and 

4 (iv) such equitable relief as may be 

5 appropriate, including employment, rein6 statement, and promotion. 

7 (B) EXCEPTION FOR LIQUIDATED DAM8 AGES.—If an employer who has violated a cov9 ered provision proves to the satisfaction of the 

10 court that the act or omission which violated 

11 the covered provision was in good faith and that 

12 the employer had reasonable grounds for believ13 ing that the act or omission was not a violation 

14 of a covered provision, such court may, in the 

15 discretion of the court, reduce the amount of li16 ability under subparagraph (A) to the amount, 

17 interest, and equitable relief determined under 

18 clauses (i), (ii), and (iv), respectively. 

19 (2) RIGHT OF ACTION.—An action to recover 

20 the damages, interest, or equitable relief set forth in 

21 paragraph (1) may be maintained against any em22 ployer (including a public agency) in any Federal or 

23 State court of competent jurisdiction by any one or 

24 more employees for and on behalf of— 

25 (A) such employees; or 


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1 (B) such employees and any other employ2 ees similarly situated. 

3 (3) FEES AND COSTS.—The court in such an 

4 action shall, in addition to any judgment awarded to 

5 the plaintiff, allow a reasonable attorney’s fee, rea6 sonable expert witness fees, and other costs of the 

7 action to be paid by the defendant. 

8 (4) LIMITATIONS.—The right provided by para9 graph (2) to bring an action by or on behalf of any 

10 employee shall terminate on the filing of a complaint 

11 by the Secretary in an action under subsection (c)(4) 

12 in which a recovery is sought of the damages, inter13 est, or equitable relief described in paragraph (1)(A) 

14 owing to an employee by an employer liable under 

15 paragraph (1) unless the action is dismissed without 

16 prejudice on motion of the Secretary. 

17 (c) ACTIONS BY THE SECRETARY.— 

18 (1) ADMINISTRATIVE ACTION.—The Secretary 

19 shall receive, investigate, and attempt to resolve 

20 complaints of violations of this title in the same 

21 manner that the Secretary receives, investigates, and 

22 attempts to resolve complaints of violations of sec23 tions 6 and 7 of the Fair Labor Standards Act of 

24 1938 (29 U.S.C. 206 and 207), and may issue an 

25 order making determinations, and assessing a civil 


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1 penalty described in paragraph (3) (in accordance 

2 with such paragraph), with respect to such an al3 leged violation. 

4 (2) ADMINISTRATIVE REVIEW.—An affected 

5 person who takes exception to an order issued under 

6 paragraph (1) may request review of and a decision 

7 regarding such an order by an administrative law 

8 judge. In reviewing the order, the administrative law 

9 judge may hold an administrative hearing con10 cerning the order, in accordance with the require11 ments of sections 554, 556, and 557 of title 5, 

12 United States Code. Such hearing shall be conducted 

13 expeditiously. 

14 (3) CIVIL PENALTY.— 

15 (A) IN GENERAL.—An employer who will16 fully and repeatedly violates— 

17 (i) section 204(a) shall be subject to 

18 a civil penalty in an amount to be deter19 mined by the Secretary, but not to be less 

20 than $500, or more than $1,000, per viola21 tion (subject to subparagraph (B)); or 

22 (ii) subsection (b) or (c) of section 

23 204 shall be subject to a civil penalty in an 

24 amount to be determined by the Secretary, 

25 but not to be less than $1,100, or more 


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1 than $5,000, per violation (subject to sub2 paragraph (B)). 

3 (B) INFLATION.—The Secretary shall, for 

4 each year beginning with calendar year 2024, 

5 increase the minimum and maximum amounts 

6 for the penalties described in clauses (i) and (ii) 

7 of subparagraph (A) by a percentage equal to 

8 the percentage increase in the Consumer Price 

9 Index for All Urban Consumers, published by 

10 the Department of Labor, between December 

11 2023 and the December prior to the year for 

12 which the increase takes effect. 

13 (C) WILLFUL VIOLATION.—For purposes 

14 of this section, an employer willfully violates a 

15 provision of section 204 when, after taking into 

16 account all of the facts and circumstances sur17 rounding the violation, it is determined that the 

18 employer— 

19 (i) knew that its conduct was prohib20 ited by such section; or 

21 (ii) showed reckless disregard for the 

22 requirements of such section. 

23 (4) CIVIL ACTION.— 


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1 (A) IN GENERAL.—The Secretary may 

2 bring an action in any court of competent juris3 diction on behalf of aggrieved employees to— 

4 (i) restrain violations of this title; 

5 (ii) obtain such equitable relief as may 

6 be appropriate, including employment, re7 instatement, and promotion; and 

8 (iii) in the case of a violation of a cov9 ered provision, recover the damages, inter10 est, and equitable relief described in 

11 clauses (i) through (iv) of subsection 

12 (b)(1)(A). 

13 (B) RECOVERY ON BEHALF OF EMPLOY14 EES.—Any sums recovered by the Secretary 

15 under subparagraph (A) on behalf of an em16 ployee shall be held in a special deposit account 

17 and shall be paid, on order of the Secretary, di18 rectly to the employee affected. Any such sums 

19 not paid to an employee because of inability to 

20 do so within a period of 3 years shall be depos21 ited in the Treasury and credited to miscella22 neous receipts. 

23 (d) LIMITATION.— 

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1 tion not later than 2 years after the date of the last 

2 event constituting the alleged violation for which the 

3 action is brought. 

4 (2) WILLFUL VIOLATION.—In the case of such 

5 action brought for a willful violation of section 204 

6 (as described in subsection (c)(3)), such action may 

7 be brought within 3 years of the date of the last 

8 event constituting the alleged violation for which 

9 such action is brought. 

10 (3) COMMENCEMENT.—In determining when an 

11 action is commenced by the Secretary or by an em12 ployee under this section for the purposes of this 

13 subsection, it shall be considered to be commenced 

14 on the date when the complaint is filed. 

15 (e) OTHER ADMINISTRATIVE OFFICERS.— 

16 (1) EMPLOYEES COVERED BY CONGRESSIONAL

17 ACCOUNTABILITY ACT OF 1995.—The powers and 

18 procedures provided in the Congressional Account19 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

20 Board (as defined in section 101 of that Act (2 

21 U.S.C. 1301)), or any person, alleging a violation of 

22 section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) 

23 shall be the powers and procedures this title provides 

24 to that Board, or any person, alleging a violation of 


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1 this title against an employee described in section 

2 201(2)(C). 

3 (2) EMPLOYEES COVERED BY CHAPTER 5 OF

4 TITLE 3, UNITED STATES CODE.—The powers and 

5 procedures provided in chapter 5 of title 3, United 

6 States Code, to the President, the Merit Systems 

7 Protection Board, or any person, alleging a violation 

8 of section 412(a)(1) of that title, shall be the powers 

9 and procedures this title provides to the President, 

10 that Board, or any person, respectively, alleging a 

11 violation of this title against an employee described 

12 in section 201(2)(D). 

13 (3) EMPLOYEES COVERED BY CHAPTER 63 OF

14 TITLE 5, UNITED STATES CODE.—The powers and 

15 procedures provided in title 5, United States Code, 

16 to an employing agency, provided in chapter 12 of 

17 that title to the Merit Systems Protection Board, or 

18 provided in that title to any person, alleging a viola19 tion of chapter 63 of that title, shall be the powers 

20 and procedures this title provides to that agency, 

21 that Board, or any person, respectively, alleging a 

22 violation of this title against an employee described 

23 in section 201(2)(E). 

24 (4) COMPTROLLER GENERAL.—In the case of 

25 employees of the Government Accountability Office, 


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1 the authority of the Secretary under this title shall 

2 be exercised by the Comptroller General of the 

3 United States. 

4 SEC. 206. REGULATIONS. 

5 (a) SECRETARY OF LABOR.—Except as provided in 

6 subsections (b) through (e), not later than 180 days after 

7 the date of enactment of this Act, the Secretary shall issue 

8 such regulations as may be necessary to implement this 

9 title. 

10 (b) BOARD.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of this Act, the Board 

13 of Directors of the Office of Congressional Work14 place Rights shall issue such regulations as may be 

15 necessary to implement this title with respect to em16 ployees described in section 201(2)(C). The proce17 dures applicable to regulations of the Board issued 

18 for the implementation of the Congressional Ac19 countability Act of 1995 (2 U.S.C. 1301 et seq.), 

20 prescribed in section 304 of that Act (2 U.S.C. 

21 1384), shall be the procedures applicable to regula22 tions issued under this subsection. 

23 (2) CONSIDERATION.—In prescribing the regu24 lations, the Board shall take into consideration the 

25 enforcement and remedies provisions concerning the 


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1 Office and applicable to rights and protections under 

2 the Family and Medical Leave Act of 1993 (29 

3 U.S.C. 2601 et seq.), under the Congressional Ac4 countability Act of 1995 (2 U.S.C. 1301 et seq.). 

5 (3) MODIFICATIONS.—The regulations issued 

6 under paragraph (1) to implement this title shall be 

7 the same as substantive regulations issued by the 

8 Secretary to implement this title, except to the ex9 tent that the Board may determine, for good cause 

10 shown and stated together with the regulations 

11 issued by the Board, that a modification of such 

12 substantive regulations would be more effective for 

13 the implementation of the rights and protections 

14 under this title. 

15 (c) PRESIDENT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Presi18 dent shall issue such regulations as may be nec19 essary to implement this title with respect to em20 ployees described in section 201(2)(D). 

21 (2) CONSIDERATION.—In prescribing the regu22 lations, the President shall take into consideration 

23 the enforcement and remedies provisions concerning 

24 the President and the Merit Systems Protection 

25 Board, and applicable to rights and protections 


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1 under the Family and Medical Leave Act of 1993, 

2 under chapter 5 of title 3, United States Code. 

3 (3) MODIFICATIONS.—The regulations issued 

4 under paragraph (1) to implement this title shall be 

5 the same as substantive regulations issued by the 

6 Secretary to implement this title, except to the ex7 tent that the President may determine, for good 

8 cause shown and stated together with the regula9 tions issued by the President, that a modification of 

10 such substantive regulations would be more effective 

11 for the implementation of the rights and protections 

12 under this title. 

13 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of this Act, the Office 

16 of Personnel Management shall issue such regula17 tions as may be necessary to implement this title 

18 with respect to employees described in section 

19 201(2)(E). 

20 (2) CONSIDERATION.—In prescribing the regu21 lations, the Office shall take into consideration the 

22 enforcement and remedies provisions concerning an 

23 employing agency and the Merit Systems Protection 

24 Board under subchapter V of chapter 63 of title 5, 

25 United States Code. 


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1 (3) MODIFICATIONS.—The regulations issued 

2 under paragraph (1) to implement this title shall be 

3 the same as substantive regulations issued by the 

4 Secretary to implement this title, except to the ex5 tent that the Office may determine, for good cause 

6 shown and stated together with the regulations 

7 issued by the Office, that a modification of such sub8 stantive regulations would be more effective for the 

9 implementation of the rights and protections under 

10 this title. 

11 (e) COMPTROLLER GENERAL.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this Act, the Comp14 troller General of the United States shall issue such 

15 regulations as may be necessary to implement this 

16 title with respect to employees of the Government 

17 Accountability Office. 

18 (2) CONSIDERATION.—In prescribing the regu19 lations, the Comptroller General shall take into con20 sideration the enforcement and remedies provisions 

21 concerning the Comptroller General under title I of 

22 the Family and Medical Leave Act of 1993 (29 

23 U.S.C. 2611 et seq.). 

24 (3) MODIFICATIONS.—The regulations issued 

25 under paragraph (1) to implement this title shall be 


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1 the same as substantive regulations issued by the 

2 Secretary to implement this title, except to the ex3 tent that the Comptroller General may determine, 

4 for good cause shown and stated together with the 

5 regulations issued by the Comptroller General, that 

6 a modification of such substantive regulations would 

7 be more effective for the implementation of the 

8 rights and protections under this title. 

Æ 


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