Guaranteed Paid Vacation Act

To require that employers provide not less than 10 days of paid vacation time to eligible employees, and for other purposes. 1. Short title This Act may be cited as the Guaranteed Paid Vacation Act 2. Definitions In this Act: (1) Eligible employee The term eligible employee (A) has been employed for not less than 1 year by the employer providing the paid vacation time under section 3; and (B) through such employment, has provided not less than 1,250 hours of service to such employer during the previous year. (2) Employee The term employee (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 (3) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer (I) means any person engaged in commerce or in any industry or activity affecting commerce; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency 29 U.S.C. 203(x) (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce commerce industry affecting commerce (II) Employee The term employee 29 U.S.C. 203(e) (III) Person The term person 29 U.S.C. 203(a) (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid vacation time The term paid vacation time (5) Secretary The term Secretary 3. Guaranteed paid vacation time (a) In general Beginning 1 year after the date of enactment of this Act, an eligible employee of an employer shall be entitled to not less than 10 days of paid vacation time during each 12-month period to be used on consecutive or nonconsecutive days. (b) Limitation on carryover Any paid vacation time that is not used during the applicable 12-month period shall not carry over to a subsequent 12-month period. (c) Written notice Not later than 15 days prior to the date on which an eligible employee is to begin to use any paid vacation time, the eligible employee shall provide the employer with written notice of the intention to use such paid vacation time, including an indication of the dates on which such paid vacation time are to begin and end. (d) Compensation (1) Rate of compensation (A) In general Subject to subparagraph (B), an eligible employee using paid vacation time shall be compensated at the rate at which such eligible employee would be compensated if not using paid vacation time. (B) Tipped employees An eligible employee who is a tipped employee using paid vacation time shall be compensated at the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (2) Employment benefits (A) In general Any employment benefits offered to an eligible employee, when such eligible employee is not using paid vacation time, shall continue to be offered to such eligible employee when such eligible employee is using paid vacation time. Such continued employment benefits shall be offered at the same level and under the same conditions as employment benefits offered to such eligible employee when such eligible employee is not using paid vacation time. (B) Cost contributions If the employer requires an eligible employee to contribute to the cost of the benefits described in subparagraph (A), the employer may require that such eligible employee contribute to such cost during the use of paid vacation time at the same rate as the rate at which such eligible employee would otherwise be required to contribute if not using paid vacation time. (C) Restoration to position Any eligible employee who uses paid vacation time shall be entitled, on return from using such paid vacation time, to be restored by the employer to the position of employment held by such eligible employee when such paid vacation time commenced. (e) Employers with existing policies Any employer with a paid leave policy who provides an amount of paid leave that is sufficient to meet the requirements of this section and that may be used under the same conditions as the conditions described in this section shall not be required to provide an eligible employee with additional paid vacation time under this section. (f) Enforcement (1) Employees covered by the Fair Labor Standards Act of 1938 and other employees (A) Definition In this paragraph— (i) the term eligible employee (ii) the term employer (B) Secretary of Labor With respect to an eligible employee and an employer and notwithstanding section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 29 U.S.C. 207 (i) the amount of unpaid vacation time owed to such employee under this section, and an additional equal amount as liquidated damages; or (ii) compensation in accordance with subsection (d) for any uncompensated unpaid vacation time used by the eligible employee, and an additional equal amount as liquidated damages. (C) Government Accountability Office Notwithstanding any other provision of this paragraph, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this paragraph shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (2) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (3) Employees covered by chapter 5 The powers, remedies, and procedures provided in chapter 5 (4) Employees covered by chapter 63 The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an eligible employee who is an employee described in section 2(2)(E). 4. Public awareness campaign by the Department of Labor (a) In general The Secretary is authorized to conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under this Act. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).

Summary: Guaranteed Paid Vacation Act This bill amends the Fair Labor Standards Act to require specified employers (including certain federal and state employers) who employ at least 15 employees at any time during a calendar year to provide each eligible employee at least 10 days of paid vacation time during each 12-month period, to be used on consecutive or nonconsecutive days. An employee is eligible for paid vacation time only if he or she has been employed by the employer for at least one year and has worked at least 1,250 hours for that employer during the previous year. The employee must give the employer at least 15 days' prior notice of his or her intent to take paid vacation, including the dates it will begin and end. The Department of Labor shall conduct a public awareness campaign, through the Internet and other media, to inform the public of an eligible employee's entitlement to paid vacation time under the Act.