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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Day Off 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(a) ELIGIBLE EMPLOYEE.— 
(1) IN
GENERAL.—The term ‘‘eligible em-
ployee’’ means an employee who— 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS
(A) is a veteran, as that term is defined in 
section 101 of title 38, United States Code; and 
(B) has been employed for at least 12 
months by the employer with respect to whom 
leave is requested under section 3. 
(2) EXCLUSIONS.—The term ‘‘eligible em-
ployee’’ does not include an individual employed by 
a public agency, as that term is defined in section 
3(e)(2) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(3)(e)(2)). 
(b) EMPLOY; EMPLOYEE.—The terms ‘‘employ’’ and 
‘‘employee’’ have the same meanings given such terms in 
subsections (e) and (g) of section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203 (e) and (g)). 
(c) EMPLOYER.—The term ‘‘employer’’ means any 
person engaged in commerce or in any industry or activity 
affecting commerce who employs 50 or more employees 
during a calendar year, and includes any person who acts, 
directly or indirectly, in the interest of any employer to 
any of the employees of such employer and any successor 
in interest of an employer. In the previous sentence, the 
terms ‘‘commerce’’ and ‘‘industry or activity affective com-
merce’’ have the meaning given such terms in section 
101(1) of the Family and Medical Leave Act of 1993. 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS
(d) PERSON.—The term ‘‘person’’ has the same 
meaning given such term in section 3(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(a)). 
(e) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Labor. 
SEC. 3. LEAVE REQUIREMENT. 
(a) ENTITLEMENT TO LEAVE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible employee shall be entitled to 
leave on Veterans Day upon request if such em-
ployee would otherwise be required to work on Vet-
erans Day. 
(2) EXCEPTIONS.—An employer may deny leave 
to an eligible employee if providing leave to the em-
ployee would— 
(A) negatively impact public health or safe-
ty; or 
(B) cause the employer significant eco-
nomic or operational disruption. 
(b) TYPE OF LEAVE.— 
(1) UNPAID LEAVE PERMITTED.—Leave grant-
ed under subsection (a) may consist of unpaid leave. 
(2) SUBSTITUTION OF PAID LEAVE.—An eligi-
ble employee may elect, or an employer may require 
the employee, to substitute any of the accrued paid 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS
vacation leave or personal leave of the employee for 
leave provided under subsection (a). 
(c) DUTIES OF EMPLOYEE.—Not less than 30 days 
before the Veterans Day on which leave is requested to 
be taken, an employee requesting leave under subsection 
(a) shall provide the employer with the following: 
(1) Written notice of the employee’s intention 
to take leave under subsection (a). 
(2) Documentation verifying that the employee 
is a veteran. 
(d) DUTIES OF EMPLOYER.— 
(1) NOTICE OF DECISION.—Not less than 10 
days before the Veterans Day on which leave is re-
quested to be taken, the employer shall notify an 
employee requesting leave under subsection (a)— 
(A) whether the employee shall be provided 
leave; and 
(B) if so, whether the leave shall be paid 
or unpaid. 
(2) DENIAL OF LEAVE REQUEST.—If an em-
ployer receives multiple requests for leave under sub-
section (a)(1) and denies leave to more than one eli-
gible employee in accordance with subsection (a)(2), 
the employer should deny leave to the minimum 
number of eligible employees practicable. 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS
SEC. 4. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
the taking of or the attempt to take, any leave pro-
vided under this Act. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against any individual for opposing any 
practice made unlawful by this Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against any individual 
because such individual— 
(1) has filed any charge, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any leave provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any leave provided 
under this Act. 
SEC. 5. INVESTIGATIVE AUTHORITY. 
The Secretary shall have investigative authority with 
respect to the provisions of this Act in the same manner 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS
and under the same terms and conditions as the investiga-
tive authority provided under section 106 of the Family 
and Medical Leave Act of 1993, and the requirements of 
section 106 of such Act shall apply to employers under 
this Act in the same manner as such requirements apply 
to employers under section 106 of such Act. 
SEC. 6. ENFORCEMENT. 
The provisions of section 107 of the Family and Med-
ical Leave Act of 1993 shall apply with respect to the en-
forcement of the requirements of this Act in the same 
manner and under the same terms and conditions as such 
provisions apply with respect to the enforcement of the 
requirements of title I of such Act. 
SEC. 7. NOTICE. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees and applicants for 
employment are customarily posted, a notice, to be pre-
pared or approved by the Secretary, setting forth excerpts 
from, or summaries of, the pertinent provisions of this 
title Act information pertaining to the filing of a charge. 
(b) PENALTY.—Any employer that willfully violates 
this section may be assessed a civil money penalty not to 
exceed $100 for each separate offense. 
Æ 
VerDate Mar 15 2010 
07:27 Oct 31, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H3368.IH
H3368
tjames on DSK6SPTVN1PROD with BILLS