II 

117TH CONGRESS 

2D SESSION S. 3641 

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

leave and pension plans, and to ensure equitable treatment in the workplace. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2022 

Ms. WARREN (for herself, Mr. BOOKER, Mr. MARKEY, Mr. PADILLA, Mr. 

CASEY, Mr. WHITEHOUSE, Mr. SANDERS, Mrs. MURRAY, and Ms. BALDWIN) 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 pension plans, 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. 

Sec. 102. Improving coverage for long-term part-time workers. 

TITLE II—ENSURING FAIR TREATMENT FOR PART-TIME 

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 12 months by the employer 

12 with respect to whom leave is requested under 

13 section 102.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 101(2) of such Act (29 U.S.C. 

16 2611(2)) is amended— 

17 (A) by striking subparagraphs (C) and 

18 (D); and 


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1 (B) by redesignating subparagraph (E) as 

2 subparagraph (C). 

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

4 2612(a)) is amended by striking paragraph (5). 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 subsections (a) and (b) shall take effect beginning on the 

7 date that is 1 year after the date of enactment of this 

8 Act. 

9 SEC. 102. IMPROVING COVERAGE FOR LONG-TERM PART10 TIME WORKERS. 

11 (a) IN GENERAL.—Section 202 of the Employee Re12 tirement Income Security Act of 1974 (29 U.S.C. 1052) 

13 is amended by adding at the end the following new sub14 section: 

15 ‘‘(c) SPECIAL RULE FOR CERTAIN PART-TIME EM16 PLOYEES.— 

17 ‘‘(1) IN GENERAL.—A pension plan that in18 cludes either a qualified cash or deferred arrange19 ment (as defined in section 401(k) of the Internal 

20 Revenue Code of 1986) or a salary reduction agree21 ment (as described in section 403(b) of such Code) 

22 shall not require, as a condition of participation in 

23 the arrangement or agreement, that an employee 

24 complete a period of service with the employer (or 


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1 employers) maintaining the plan extending beyond 

2 the close of the earlier of— 

3 ‘‘(A) the period permitted under subsection 

4 (a)(1) (determined without regard to subpara5 graph (B)(i) thereof) and section 410(a)(1) of 

6 such Code (determined without regard to sub7 paragraph (B)(i) thereof); or 

8 ‘‘(B) the first 24-month period— 

9 ‘‘(i) consisting of 2 consecutive 12- 

10 month periods during each of which the 

11 employee has at least 500 hours of service; 

12 and 

13 ‘‘(ii) by the close of which the em14 ployee has attained the age of 21. 

15 ‘‘(2) EXCEPTION.—Paragraph (1)(B) shall not 

16 apply to employees who are included in a unit of em17 ployees covered by an agreement which the Secretary 

18 finds to be a collective bargaining agreement be19 tween employee representatives and 1 or more em20 ployers, if there is evidence that retirement benefits 

21 were the subject of good faith bargaining between 

22 such employee representatives and such employer or 

23 employers. 

24 ‘‘(3) COORDINATION WITH OTHER RULES.—In 

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1 pensated employees (within the meaning of section 

2 414(q) of the Internal Revenue Code of 1986) and 

3 who are eligible to participate in the arrangement or 

4 agreement solely by reason of paragraph (1)(B): 

5 ‘‘(A) EXCLUSIONS.—An employer may 

6 elect to exclude such employees from the deter7 mination of whether the plan that includes the 

8 arrangement or agreement satisfies the require9 ments of subsections (a)(4), (k)(3), (k)(12), 

10 (k)(13), (m)(2), (m)(11), and (m)(12) of sec11 tion 401 of such Code, section 410(b) of such 

12 Code, and section 416 of such Code. If the em13 ployer so excludes such employees with respect 

14 to the requirements of any such provision, such 

15 employees shall be excluded with respect to the 

16 requirements of all such provisions. This sub17 paragraph shall cease to apply to any employee 

18 as of the first plan year beginning after the 

19 plan year in which the employee completes 1 

20 year of service (without regard to paragraph 

21 (1)(B) of this subsection). 

22 ‘‘(B) TIME OF PARTICIPATION.—The rules 

23 of subsection (a)(4) and section 410(a)(4) of 

24 the Internal Revenue Code of 1986 shall apply 

25 to such employees. 


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1 ‘‘(4) 12-MONTH PERIOD.—For purposes of this 

2 subsection, 12-month periods shall be determined in 

3 the same manner as under the last sentence of sub4 section (a)(3)(A), except that 12-month periods be5 ginning before January 1, 2022, shall not be taken 

6 into account.’’. 

7 (b) VESTING.—Section 203(b) of the Employee Re8 tirement Income Security Act of 1974 (29 U.S.C. 

9 1053(b)) is amended by redesignating paragraph (4) as 

10 paragraph (5) and by inserting after paragraph (3) the 

11 following new paragraph: 

12 ‘‘(4) PART-TIME EMPLOYEES.—For purposes of de13 termining whether an employee who is eligible to partici14 pate in a qualified cash or deferred arrangement or a sal15 ary reduction agreement under a plan solely by reason of 

16 section 202(c)(1)(B) has a nonforfeitable right to em17 ployer contributions— 

18 ‘‘(A) except as provided in subparagraph (B), 

19 each 12-month period for which the employee has at 

20 least 500 hours of service shall be treated as a year 

21 of service; and 

22 ‘‘(B) 12-month periods occurring before the 24- 

23 month period described in section 202(c)(1)(B) shall 

24 not be treated as years of service. 


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1 For purposes of this paragraph, 12-month periods shall 

2 be determined in the same manner as under the last sen3 tence of section 202(a)(3)(A), except that 12-month peri4 ods beginning before January 1, 2022, shall not be taken 

5 into account.’’. 

6 (c) PENALTY.—Section 502 of the Employee Retire7 ment Income Security Act of 1974 (29 U.S.C. 1132) is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(n) REQUIREMENTS RELATING TO PART-TIME EM11 PLOYEES.—In the case of a plan that fails to permit par12 ticipation as required by section 202(c), the Secretary may 

13 assess a civil penalty against the plan sponsor in an 

14 amount equal to $10,000 per year per employee to whom 

15 such failure relates. The Secretary may, in the Secretary’s 

16 sole discretion, waive or reduce the penalty under this sub17 section if the Secretary determines that the plan sponsor 

18 acted reasonably and in good faith.’’. 

19 TITLE II—ENSURING FAIR 

20 TREATMENT FOR PART-TIME 

21 WORKERS 

22 SEC. 201. DEFINITIONS. 

23 In this title: 


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

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

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

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

5 an individual who is— 

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

7 of the Fair Labor Standards Act of 1938 (29 

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

9 subparagraphs (B) through (G), except that a 

10 reference in such section to an employer shall 

11 be considered to be a reference to a person in 

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

13 (B) a State employee described in section 

14 304(a) of the Government Employee Rights Act 

15 of 1991 (42 U.S.C. 2000e–16c(a)); 

16 (C) a covered employee, as defined in sec17 tion 101 of the Congressional Accountability 

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

19 term shall not include an applicant for employ20 ment; 

21 (D) a covered employee, as defined in sec22 tion 411(c) of title 3, United States Code; 

23 (E) a Federal officer or employee covered 

24 under subchapter V of chapter 63 of title 5, 

25 United States Code; or 


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1 (F) an employee of the Government Ac2 countability Office. 

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

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

5 that— 

6 (I) employs more than 15 employees 

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

8 be calculated by including all employees de9 scribed in paragraph (2)(A) performing 

10 work for compensation on a full-time, part11 time, or temporary basis, except that if the 

12 number of such employees who perform 

13 work for such a person for compensation 

14 fluctuates, the number may be determined 

15 for a calendar year based upon the average 

16 number of such employees who performed 

17 work for the person for compensation dur18 ing the preceding calendar year; or 

19 (II) is part of an integrated enter20 prise, chain of businesses, group of fran21 chises associated with a franchisor, or net22 work of franchises that, in the aggregate, 

23 employs more than 15 employees, cal24 culated in accordance with subclause (I); 

25 (ii) includes— 


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1 (I) any person who acts, directly or 

2 indirectly, in the interest of such an em3 ployer to any of the employees (described 

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

5 (II) any successor in interest of such 

6 an employer; and 

7 (iii) includes an agency described in sub8 paragraph (A)(iii) of section 101(4) of the 

9 Family and Medical Leave Act of 1993 (29 

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

11 such section shall apply; 

12 (B) is an entity employing a State em13 ployee described in section 304(a) of the Gov14 ernment Employee Rights Act of 1991 (42 

15 U.S.C. 2000e–16c(a)); 

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

17 section 101 of the Congressional Accountability 

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

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

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

21 (E) is an employing agency covered under 

22 subchapter V of chapter 63 of title 5, United 

23 States Code; or 

24 (F) is the Comptroller General of the 

25 United States. 


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

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

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

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

5 (5) PERSON IN COMMERCE.— 

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

7 commerce’’ means any person who is engaged 

8 in commerce, in any industry or activity affect9 ing commerce, or in the production of goods for 

10 commerce. 

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

12 the term ‘‘commerce’’ includes government. 

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

14 the Secretary of Labor. 

15 SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS 

16 OF HOURS WORKED. 

17 (a) RULE.— 

18 (1) IN GENERAL.—An employer shall not dis19 criminate against an employee on the basis that 

20 such employee is scheduled to work fewer hours per 

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

22 than another employee of the employer if the jobs of 

23 such employees require substantially equal skill, ef24 fort, responsibility, and duties and such jobs are per25 formed under similar working conditions. 


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1 (2) EXAMPLES.—Discrimination described in 

2 paragraph (1) shall include differential treatment 

3 with respect to— 

4 (A) rate of compensation; 

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

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

7 basis, employer-provided paid and unpaid time 

8 off and other benefits; 

9 (D) promotion opportunities; or 

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

11 employment. 

12 (b) DISTINCTIONS PERMITTED.—This section shall 

13 not be construed to prohibit differences in rate of com14 pensation, or other conditions, terms, or privileges of em15 ployment, of employees of an employer for reasons other 

16 than the number of hours the employees are scheduled to 

17 work per week, or the expected duration of employment 

18 of the employees, including for reasons such as— 

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

20 (2) a merit system; or 

21 (3) a system that measures earnings by quan22 tity per hour or quality of production. 

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

24 (a) WRITTEN STATEMENTS REQUIRED.— 


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1 (1) IN GENERAL.—Upon hiring an employee, an 

2 employer shall— 

3 (A) obtain a written statement of the em4 ployee’s desired number of weekly work hours 

5 and the days and times the employee is avail6 able to work; 

7 (B) notify the employee that this written 

8 statement may be modified in writing at any 

9 time during employment; and 

10 (C) specify the process to modify the writ11 ten statement. 

12 (b) OFFER OF DESIRED WEEKLY WORK HOURS TO

13 EXISTING EMPLOYEES.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), an employer shall schedule an employee 

16 of the employer to work the number of weekly hours 

17 identified by the employee as desired weekly hours in 

18 a written statement under subsection (a) prior to 

19 hiring any new employee from an external applicant 

20 pool, including hiring through the use of a tem21 porary services or staffing agency, or contracting 

22 with a contractor or subcontractor, to work such 

23 hours. 

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

25 individual as a new employee, or engage a contractor 


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1 or subcontractor, to perform work for the employer 

2 if— 

3 (A) the employer needs to fill hours for 

4 which no employees of the employer who have 

5 provided written statements under subsection 

6 (a) are available based on such written state7 ments; 

8 (B) all employees of the employer who 

9 have provided written statements under sub10 section (a) lack, and cannot obtain with reason11 able training, the qualifications necessary to 

12 perform the work; or 

13 (C) scheduling any such employee to per14 form the work would require providing such em15 ployee overtime compensation at a rate not less 

16 than one and one half times the regular rate at 

17 which the employee is employed, in accordance 

18 with section 7 of the Fair Labor Standards Act 

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

20 (c) COMPENSATION REQUIRED.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), an employee (referred to in this sub23 section as an ‘‘existing employee’’) who is not sched24 uled for the desired number of total weekly work 

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1 ment under subsection (a) shall be compensated for 

2 each hour worked by a newly hired employee, con3 tractor, or subcontractor hired after the existing em4 ployee so identified such number of hours, during an 

5 hour that such existing employee identified in a writ6 ten statement under such subsection as an hour for 

7 which the employee is available to work. 

8 (2) EXCEPTION.—An employer shall not be re9 quired to compensate an existing employee under 

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

11 (A) the employee lacks, or cannot obtain 

12 with reasonable training, the qualifications nec13 essary to perform the work; 

14 (B) scheduling such employee to perform 

15 the work would require providing the employee 

16 overtime compensation as described in sub17 section (b)(2)(C); 

18 (C) the employer made a reasonable at19 tempt to contact the employee to work such 

20 hour and was unable to reach the employee; or 

21 (D) the employee was otherwise no longer 

22 available. 

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

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1 ing’’ mean a printed or printable communication in phys2 ical or electronic form. 

3 SEC. 204. PROHIBITED ACTS. 

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

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

7 under this title. 

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

9 for any employer to discharge, threaten to discharge, de10 mote, suspend, reduce work hours of, or otherwise dis11 criminate (including taking any other adverse employment 

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

13 employer exercising the rights of the employee under this 

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

15 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR16 IES.—It shall be unlawful for any person to discharge or 

17 in any other manner discriminate against an individual be18 cause such individual— 

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

20 caused to be instituted any proceeding, under or re21 lated to this title; 

22 (2) has given, or is about to give, any informa23 tion in connection with any inquiry or proceeding re24 lating to any right provided under this title; or 


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

2 inquiry or proceeding relating to any right provided 

3 under this title. 

4 SEC. 205. REMEDIES AND ENFORCEMENT. 

5 (a) INVESTIGATIVE AUTHORITY.— 

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

7 this title, including any regulation or order issued 

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

9 paragraph (3), the investigative authority provided 

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

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

12 (2) OBLIGATION TO KEEP AND PRESERVE

13 RECORDS.— 

14 (A) IN GENERAL.—Each employer shall 

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

16 or for the duration of any claim (including the 

17 duration of a related civil action or investiga18 tion) pending pursuant to this title, whichever 

19 is longer, all records necessary to demonstrate 

20 compliance with this title, including compliance 

21 with the requirements of regulations issued by 

22 the Secretary under section 206. Such records 

23 shall include documentation of offers of hours 

24 of work to employees and responses to such of25 fers. 


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

2 reasonable request of an employee of the em3 ployer, provide the employee with a copy of the 

4 records described in subparagraph (A) relating 

5 to the employee. 

6 (3) REQUIRED SUBMISSIONS GENERALLY LIM7 ITED TO AN ANNUAL BASIS.—The Secretary shall 

8 not require, under the authority of this subsection, 

9 any employer to submit to the Secretary any books 

10 or records more than once during any 12-month pe11 riod, unless the Secretary has reasonable cause to 

12 believe there may exist a violation of this title, in13 cluding any regulation or order issued pursuant to 

14 this title, or is investigating a charge pursuant to 

15 subsection (c). 

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

17 any investigation provided for in this subsection, the 

18 Secretary shall have the subpoena authority provided 

19 for under section 9 of the Fair Labor Standards Act 

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

21 (b) CIVIL ACTION BY EMPLOYEES.— 

22 (1) LIABILITY.— 

23 (A) IN GENERAL.—Any employer who vio24 lates section 202, 203, or 204 (each such provi25 sion referred to in this section as a ‘‘covered 


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1 provision’’) shall be liable to any person af2 fected for— 

3 (i) damages equal to the amount of— 

4 (I) any wages, salary, employ5 ment benefits (as defined in section 

6 101 of the Family and Medical Leave 

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

8 other compensation denied, lost, or 

9 owed to such employee by reason of 

10 the violation; or 

11 (II) in a case in which wages, 

12 salary, employment benefits (as so de13 fined), or other compensation have 

14 not been denied, lost, or owed to the 

15 employee, any actual monetary losses 

16 sustained by the employee as a direct 

17 result of the violation; 

18 (ii) interest on the amount described 

19 in clause (i) calculated at the prevailing 

20 rate; 

21 (iii) except as provided in subpara22 graph (B), an additional amount as liq23 uidated damages equal to the sum of the 

24 amount described in clause (i) and the in25 terest described in clause (ii); and 


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1 (iv) such equitable relief as may be 

2 appropriate, including employment, rein3 statement, and promotion. 

4 (B) EXCEPTION FOR LIQUIDATED DAM5 AGES.—If an employer who has violated a cov6 ered provision proves to the satisfaction of the 

7 court that the act or omission which violated 

8 the covered provision was in good faith and that 

9 the employer had reasonable grounds for believ10 ing that the act or omission was not a violation 

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

12 discretion of the court, reduce the amount of li13 ability under subparagraph (A) to the amount, 

14 interest, and equitable relief determined under 

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

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

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

18 paragraph (1) may be maintained against any em19 ployer (including a public agency) in any Federal or 

20 State court of competent jurisdiction by any one or 

21 more employees for and on behalf of— 

22 (A) such employees; or 

23 (B) such employees and any other employ24 ees similarly situated. 


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

2 action shall, in addition to any judgment awarded to 

3 the plaintiff, allow a reasonable attorney’s fee, rea4 sonable expert witness fees, and other costs of the 

5 action to be paid by the defendant. 

6 (4) LIMITATIONS.—The right provided by para7 graph (2) to bring an action by or on behalf of any 

8 employee shall terminate on the filing of a complaint 

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

10 in which a recovery is sought of the damages, inter11 est, or equitable relief described in paragraph (1)(A) 

12 owing to an employee by an employer liable under 

13 paragraph (1) unless the action is dismissed without 

14 prejudice on motion of the Secretary. 

15 (c) ACTIONS BY THE SECRETARY.— 

16 (1) ADMINISTRATIVE ACTION.—The Secretary 

17 shall receive, investigate, and attempt to resolve 

18 complaints of violations of this title in the same 

19 manner that the Secretary receives, investigates, and 

20 attempts to resolve complaints of violations of sec21 tions 6 and 7 of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 206 and 207), and may issue an 

23 order making determinations, and assessing a civil 

24 penalty described in paragraph (3) (in accordance 


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1 with paragraph (3)), with respect to such an alleged 

2 violation. 

3 (2) ADMINISTRATIVE REVIEW.—An affected 

4 person who takes exception to an order issued under 

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

6 regarding such an order by an administrative law 

7 judge. In reviewing the order, the administrative law 

8 judge may hold an administrative hearing con9 cerning the order, in accordance with the require10 ments of sections 554, 556, and 557 of title 5, 

11 United States Code. Such hearing shall be conducted 

12 expeditiously. 

13 (3) CIVIL PENALTY.— 

14 (A) IN GENERAL.—An employer who will15 fully and repeatedly violates— 

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

17 a civil penalty in an amount to be deter18 mined by the Secretary, but not to exceed 

19 $100 per violation (subject to subpara20 graph (B)); or 

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

22 204 shall be subject to a civil penalty in an 

23 amount to be determined by the Secretary, 

24 but not to exceed $1,100 per violation 

25 (subject to subparagraph (B)). 


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

2 each year beginning with calendar year 2024, 

3 increase the maximum amounts for the pen4 alties described in clauses (i) and (ii) of sub5 paragraph (A) by a percentage equal to the per6 centage increase in the Consumer Price Index 

7 for All Urban Consumers, published by the De8 partment of Labor, between December 2022 

9 and the December prior to the year for which 

10 the increase takes effect. 

11 (4) CIVIL ACTION.— 

12 (A) IN GENERAL.—The Secretary may 

13 bring an action in any court of competent juris14 diction on behalf of aggrieved employees to— 

15 (i) restrain violations of this title; 

16 (ii) obtain such equitable relief as may 

17 be appropriate, including employment, re18 instatement, and promotion; and 

19 (iii) in the case of a violation of a cov20 ered provision, recover the damages, inter21 est, and equitable relief described in 

22 clauses (i) through (iv) of subsection 

23 (b)(1)(A). 

24 (B) RECOVERY ON BEHALF OF EMPLOY25 EES.—Any sums recovered by the Secretary 


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1 under subparagraph (A) on behalf of an em2 ployee shall be held in a special deposit account 

3 and shall be paid, on order of the Secretary, di4 rectly to the employee affected. Any such sums 

5 not paid to an employee because of inability to 

6 do so within a period of three years shall be de7 posited in the Treasury and credited to mis8 cellaneous receipts. 

9 (d) LIMITATION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an action may be brought under this sec12 tion not later than 2 years after the date of the last 

13 event constituting the alleged violation for which the 

14 action is brought. 

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

16 action brought for a willful violation of section 204, 

17 such action may be brought within 3 years of the 

18 date of the last event constituting the alleged viola19 tion for which such action is brought. 

20 (3) COMMENCEMENT.—In determining when an 

21 action is commenced by the Secretary or by an em22 ployee under this section for the purposes of this 

23 subsection, it shall be considered to be commenced 

24 on the date when the complaint is filed. 

25 (e) OTHER ADMINISTRATIVE OFFICERS.— 


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1 (1) EMPLOYEES COVERED BY CONGRESSIONAL

2 ACCOUNTABILITY ACT OF 1995.—The powers and 

3 procedures provided in the Congressional Account4 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

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

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

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

8 shall be the powers and procedures this title provides 

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

10 this title against an employee described in section 

11 201(2)(C). 

12 (2) EMPLOYEES COVERED BY CHAPTER 5 OF

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

14 procedures provided in chapter 5 of title 3, United 

15 States Code, to the President, the Merit Systems 

16 Protection Board, or any person, alleging a violation 

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

18 and procedures this title provides to the President, 

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

20 violation of this title against an employee described 

21 in section 201(2)(D). 

22 (3) EMPLOYEES COVERED BY CHAPTER 63 OF

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

24 procedures provided in title 5, United States Code, 

25 to an employing agency, provided in chapter 12 of 


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1 that title to the Merit Systems Protection Board, or 

2 provided in that title to any person, alleging a viola3 tion of chapter 63 of that title, shall be the powers 

4 and procedures this title provides to that agency, 

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

6 violation of this title against an employee described 

7 in section 201(2)(E). 

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

9 employees of the Government Accountability Office, 

10 the authority of the Secretary under this title shall 

11 be exercised by the Comptroller General of the 

12 United States. 

13 SEC. 206. REGULATIONS. 

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

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

16 the date of enactment of this title, the Secretary shall 

17 issue such regulations as may be necessary to implement 

18 this title. 

19 (b) BOARD.— 

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

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

22 of Directors of the Office of Congressional Work23 place Rights shall issue such regulations as may be 

24 necessary to implement this title with respect to em25 ployees described in section 201(2)(C). The proceVerDate Sep 11 2014 06:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3641.IS S3641

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1 dures applicable to regulations of the Board issued 

2 for the implementation of the Congressional Ac3 countability Act of 1995 (2 U.S.C. 1301 et seq.), 

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

5 1384), shall be the procedures applicable to regula6 tions issued under this subsection. 

7 (2) CONSIDERATION.—In prescribing the regu8 lations, the Board shall take into consideration the 

9 enforcement and remedies provisions concerning the 

10 Office and applicable to rights and protections under 

11 the Family and Medical Leave Act of 1993 (29 

12 U.S.C. 2601 et seq.), under the Congressional Ac13 countability Act of 1995 (2 U.S.C. 1301 et seq.). 

14 (3) MODIFICATIONS.—The regulations issued 

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

16 the same as substantive regulations issued by the 

17 Secretary to implement this title, except to the ex18 tent that the Board may determine, for good cause 

19 shown and stated together with the regulations 

20 issued by the Board, that a modification of such 

21 substantive regulations would be more effective for 

22 the implementation of the rights and protections 

23 under this title. 

24 (c) PRESIDENT.— 


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

2 after the date of enactment of this Act, the Presi3 dent shall issue such regulations as may be nec4 essary to implement this title with respect to em5 ployees described in section 201(2)(D). 

6 (2) CONSIDERATION.—In prescribing the regu7 lations, the President shall take into consideration 

8 the enforcement and remedies provisions concerning 

9 the President and the Merit Systems Protection 

10 Board, and applicable to rights and protections 

11 under the Family and Medical Leave Act of 1993, 

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

13 (3) MODIFICATIONS.—The regulations issued 

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

15 the same as substantive regulations issued by the 

16 Secretary to implement this title, except to the ex17 tent that the President may determine, for good 

18 cause shown and stated together with the regula19 tions issued by the President, that a modification of 

20 such substantive regulations would be more effective 

21 for the implementation of the rights and protections 

22 under this title. 

23 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

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

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


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1 of Personnel Management shall issue such regula2 tions as may be necessary to implement this title 

3 with respect to employees described in section 

4 201(2)(E). 

5 (2) CONSIDERATION.—In prescribing the regu6 lations, the Office shall take into consideration the 

7 enforcement and remedies provisions concerning an 

8 employing agency and the Merit Systems Protection 

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

10 United States Code. 

11 (3) MODIFICATIONS.—The regulations issued 

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

13 the same as substantive regulations issued by the 

14 Secretary to implement this title, except to the ex15 tent that the Office may determine, for good cause 

16 shown and stated together with the regulations 

17 issued by the Office, that a modification of such sub18 stantive regulations would be more effective for the 

19 implementation of the rights and protections under 

20 this title. 

21 (e) COMPTROLLER GENERAL.— 

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

23 after the date of enactment of this Act, the Comp24 troller General of the United States shall issue such 

25 regulations as may be necessary to implement this 


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1 title with respect to employees of the Government 

2 Accountability Office. 

3 (2) CONSIDERATION.—In prescribing the regu4 lations, the Comptroller General shall take into con5 sideration the enforcement and remedies provisions 

6 concerning the Comptroller General under title I of 

7 the Family and Medical Leave Act of 1993 (29 

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

9 (3) MODIFICATIONS.—The regulations issued 

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

11 the same as substantive regulations issued by the 

12 Secretary to implement this title, except to the ex13 tent that the Comptroller General may determine, 

14 for good cause shown and stated together with the 

15 regulations issued by the Comptroller General, that 

16 a modification of such substantive regulations would 

17 be more effective for the implementation of the 

18 rights and protections under this title. 

Æ 


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