Time Off to Vote Act

To provide employees with 2 hours of paid leave in order to vote in Federal elections. 1. Short title This Act may be cited as the Time Off to Vote Act 2. Requirement for 2 hours paid leave to vote in Federal elections (a) Entitlement to leave An employee shall be entitled to 2 hours of paid leave on the day of any Federal election in order to vote. (b) Employer right to determine 2-hour period For each employee taking leave under subsection (a), the employer of such employee may designate the 2-hour period during which the employee may take leave. Any lunch break or other break period may not be included in the 2-hour period designated for leave. (c) No loss of benefits The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave was taken. (d) Prohibited Acts (1) Interference with rights under this Act It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, the right to take leave under this Act, or to discriminate against an employee in any manner for taking leave under this Act. (2) Retaliation It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for— (A) opposing any practice made unlawful by this section; (B) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this section; (C) giving or preparing to give any information in connection with any inquiry or proceeding relating to any leave provided under this section; or (D) testifying or preparing to testify in any inquiry or proceeding relating to any leave provided under this section. (e) Investigative authority The Secretary of Labor shall have investigative authority with respect to the provisions of this subsection in the same manner and under the same terms and conditions as the investigative authority provided under section 106 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2616 (f) Enforcement (1) In general Any employer that violates this Act may be subject to a civil penalty not to exceed $10,000 per violation. Civil penalties shall be assessed by and paid to the Secretary of Labor for deposit into the Treasury of the United States and shall accrue to the United States and may be recovered in a civil action in the name of the United States brought in the United States district court for the district where the violation is alleged to have occurred or where the employer has its principal office. (2) Considerations In assessing a civil penalty under this Act, the Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations. (g) Definitions As used in this Act— (1) the term employee 29 U.S.C. 203 (2) the term employer commerce industry or activity affecting commerce (h) Effective date This section shall take effect beginning with the first Federal election held after the date of enactment of this Act.

Summary: Time Off to Vote Act Entitles an employee to two hours of paid leave on the day of any federal election in order to vote. Gives the employer the right to determine the two-hour-period, excluding any lunch break or other break. Prohibits the loss of benefits for any employee taking such leave under this Act. Makes it unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, the right to take leave under this Act, or to discriminate against an employee in any manner for taking leave under this Act. Makes it unlawful for any employer to discharge or in any other manner discriminate against any individual for: (1) opposing any practice made unlawful by this Act; (2) filing any charge, or instituting or causing to be instituted any proceeding, under or related to this Act; or (3) testifying or preparing to testifying in any inquiry or proceeding relating to any leave provided under this Act. Specifies the penalties for any employer who violates this Act.