I 

113TH CONGRESS 

1ST SESSION H. R. 3368 

To require employers to provide veterans with time off on Veterans Day. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2013 

Mr. BRALEY of Iowa introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To require employers to provide veterans with time off on 

Veterans Day. 

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 ‘‘Veterans Day Off 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (a) ELIGIBLE EMPLOYEE.— 

9 (1) IN GENERAL.—The term ‘‘eligible em10 ployee’’ means an employee who— 


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1 (A) is a veteran, as that term is defined in 

2 section 101 of title 38, United States Code; and 

3 (B) has been employed for at least 12 

4 months by the employer with respect to whom 

5 leave is requested under section 3. 

6 (2) EXCLUSIONS.—The term ‘‘eligible em7 ployee’’ does not include an individual employed by 

8 a public agency, as that term is defined in section 

9 3(e)(2) of the Fair Labor Standards Act of 1938 

10 (29 U.S.C. 203(3)(e)(2)). 

11 (b) EMPLOY; EMPLOYEE.—The terms ‘‘employ’’ and 

12 ‘‘employee’’ have the same meanings given such terms in 

13 subsections (e) and (g) of section 3 of the Fair Labor 

14 Standards Act of 1938 (29 U.S.C. 203 (e) and (g)). 

15 (c) EMPLOYER.—The term ‘‘employer’’ means any 

16 person engaged in commerce or in any industry or activity 

17 affecting commerce who employs 50 or more employees 

18 during a calendar year, and includes any person who acts, 

19 directly or indirectly, in the interest of any employer to 

20 any of the employees of such employer and any successor 

21 in interest of an employer. In the previous sentence, the 

22 terms ‘‘commerce’’ and ‘‘industry or activity affective com23 merce’’ have the meaning given such terms in section 

24 101(1) of the Family and Medical Leave Act of 1993. 


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1 (d) PERSON.—The term ‘‘person’’ has the same 

2 meaning given such term in section 3(a) of the Fair Labor 

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

4 (e) SECRETARY.—The term ‘‘Secretary’’ means the 

5 Secretary of Labor. 

6 SEC. 3. LEAVE REQUIREMENT. 

7 (a) ENTITLEMENT TO LEAVE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), an eligible employee shall be entitled to 

10 leave on Veterans Day upon request if such em11 ployee would otherwise be required to work on Vet12 erans Day. 

13 (2) EXCEPTIONS.—An employer may deny leave 

14 to an eligible employee if providing leave to the em15 ployee would— 

16 (A) negatively impact public health or safe17 ty; or 

18 (B) cause the employer significant eco19 nomic or operational disruption. 

20 (b) TYPE OF LEAVE.— 

21 (1) UNPAID LEAVE PERMITTED.—Leave grant22 ed under subsection (a) may consist of unpaid leave. 

23 (2) SUBSTITUTION OF PAID LEAVE.—An eligi24 ble employee may elect, or an employer may require 

25 the employee, to substitute any of the accrued paid 


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1 vacation leave or personal leave of the employee for 

2 leave provided under subsection (a). 

3 (c) DUTIES OF EMPLOYEE.—Not less than 30 days 

4 before the Veterans Day on which leave is requested to 

5 be taken, an employee requesting leave under subsection 

6 (a) shall provide the employer with the following: 

7 (1) Written notice of the employee’s intention 

8 to take leave under subsection (a). 

9 (2) Documentation verifying that the employee 

10 is a veteran. 

11 (d) DUTIES OF EMPLOYER.— 

12 (1) NOTICE OF DECISION.—Not less than 10 

13 days before the Veterans Day on which leave is re14 quested to be taken, the employer shall notify an 

15 employee requesting leave under subsection (a)— 

16 (A) whether the employee shall be provided 

17 leave; and 

18 (B) if so, whether the leave shall be paid 

19 or unpaid. 

20 (2) DENIAL OF LEAVE REQUEST.—If an em21 ployer receives multiple requests for leave under sub22 section (a)(1) and denies leave to more than one eli23 gible employee in accordance with subsection (a)(2), 

24 the employer should deny leave to the minimum 

25 number of eligible employees practicable. 


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1 SEC. 4. PROHIBITED ACTS. 

2 (a) INTERFERENCE WITH RIGHTS.— 

3 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

4 for any employer to interfere with, restrain, or deny 

5 the taking of or the attempt to take, any leave pro6 vided under this Act. 

7 (2) DISCRIMINATION.—It shall be unlawful for 

8 any employer to discharge or in any other manner 

9 discriminate against any individual for opposing any 

10 practice made unlawful by this Act. 

11 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR12 IES.—It shall be unlawful for any person to discharge or 

13 in any other manner discriminate against any individual 

14 because such individual— 

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

16 caused to be instituted any proceeding, under or re17 lated to this Act; 

18 (2) has given, or is about to give, any informa19 tion in connection with any inquiry or proceeding re20 lating to any leave provided under this Act; or 

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

22 inquiry or proceeding relating to any leave provided 

23 under this Act. 

24 SEC. 5. INVESTIGATIVE AUTHORITY. 

25 The Secretary shall have investigative authority with 

26 respect to the provisions of this Act in the same manner 


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1 and under the same terms and conditions as the investiga2 tive authority provided under section 106 of the Family 

3 and Medical Leave Act of 1993, and the requirements of 

4 section 106 of such Act shall apply to employers under 

5 this Act in the same manner as such requirements apply 

6 to employers under section 106 of such Act. 

7 SEC. 6. ENFORCEMENT. 

8 The provisions of section 107 of the Family and Med9 ical Leave Act of 1993 shall apply with respect to the en10 forcement of the requirements of this Act in the same 

11 manner and under the same terms and conditions as such 

12 provisions apply with respect to the enforcement of the 

13 requirements of title I of such Act. 

14 SEC. 7. NOTICE. 

15 (a) IN GENERAL.—Each employer shall post and 

16 keep posted, in conspicuous places on the premises of the 

17 employer where notices to employees and applicants for 

18 employment are customarily posted, a notice, to be pre19 pared or approved by the Secretary, setting forth excerpts 

20 from, or summaries of, the pertinent provisions of this 

21 title Act information pertaining to the filing of a charge. 

22 (b) PENALTY.—Any employer that willfully violates 

23 this section may be assessed a civil money penalty not to 

24 exceed $100 for each separate offense. 

Æ 


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