I 
112TH CONGRESS 
2D SESSION 
H. R. 4106 
To permit employees to request, and to ensure employers consider requests 
for, flexible work terms and conditions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 29, 2012 
Mrs. MALONEY (for herself, Mr. LEWIS of Georgia, Mr. GEORGE MILLER of 
California, and Mr. SERRANO) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce, and in addition 
to the Committees on Oversight and Government Reform, House Admin-
istration, and the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To permit employees to request, and to ensure employers 
consider requests for, flexible work terms and conditions, 
and for other purposes. 
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 ‘‘Working Families 
Flexibility Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Over the last 50 years, the demographics of 
the Nation’s workforce have undergone significant 
changes. As a result of the changes, the modern 
workforce has a more diverse set of needs. 
(2) Over time, increasing numbers of women 
have joined the workforce. The Bureau of Labor 
Statistics reports that in 1960 women composed 33 
percent of employed persons, whereas in 2010 they 
were 47 percent of employed persons. 
(3) Fewer households have at least 1 parent at 
home. According to the Bureau of the Census, more 
than 70 percent of children are raised in families 
that are headed by either a working single parent or 
2 working parents. Furthermore, the number of 
households with married parents and children, in 
which both parents were in the workforce, rose to 66 
percent in 2010. The number of single-parent fami-
lies has also increased, almost tripling over the last 
50 years, from 5 percent in 1960, to 14 percent in 
2010. 
(4) More households are caring for older rel-
atives. According to the Bureau of the Census, the 
average life expectancy for a child born in 2010 is 
78.3 years, almost 10 years longer than for a child 
born in 1960. The National Alliance for Caregiving 
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found that 57 percent of persons who provide unpaid 
care to an adult or to a child with special needs are 
employed, with 46 percent working full time and 11 
percent working part time. 
(5) Many jobs are now located outside of city 
centers. Low-wage employees in particular have dif-
ficulty reaching jobs through public transportation 
during off-peak shifts, such as shifts that start in 
the evening or early morning. 
(6) In response to the needs of the modern 
workforce some employers have instituted flexible 
work arrangements, which, according to Georgetown 
University Law School’s Workforce Flexibility 2010 
initiative, are voluntary arrangements between em-
ployees and employers that alter the time or place 
at which work is conducted, or the amount of work 
that is conducted, in order to allow employees to 
more easily meet the needs of both work and family 
life. 
(7) The National Study of the Changing Work-
force, published in 2002 by the Families and Work 
Institute, found that employees with access to flexi-
ble work arrangements reported less interference be-
tween their job and family life, and fewer mental 
health problems. 
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(8) Corporate Voices for Working Families 
found that implementing workplace flexibility im-
proves employee satisfaction, morale, and teamwork 
as well as employee health, well-being, and resilience, 
and helps to reduce stress. 
(9) Flexible work arrangements have also been 
shown to improve the bottom line for businesses. 
Corporate Voices for Working Families found that 
implementing workplace flexibility improves the bot-
tom line by helping businesses to attract and retain 
key talent, increase employee retention and reduce 
turnover, reduce overtime and absenteeism, and en-
hance employee productivity, effectiveness, and en-
gagement. 
(10) The President’s Council of Economic Advi-
sors found that, as more businesses adopt flexibility 
practices, the benefits to society, in the form of re-
duced traffic, improved employment outcomes, and 
more efficient allocation of employees to employers, 
may be greater than the gains to individual busi-
nesses and employees. 
(11) According to a 2011 Government Account-
ability Office report, a flexible work environment can 
increase and enhance employment opportunities for 
individuals with disabilities. 
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(12) The Society for Human Resource Manage-
ment believes that the key to getting the best out of 
every employee is a flexible work environment. 
(13) According to the National Partnership for 
Women and Families, businesses can retain their 
most valuable asset—a trained and committed work-
force—by offering flexible workplace policies. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATIVE OFFICER.—The term ‘‘ad-
ministrative officer’’, used with respect to an em-
ployer or an employee, means the corresponding in-
dividual or entity with authority to issue regulations 
under section 13. 
(2) EMPLOYEE.—The term ‘‘employee’’ means 
an individual— 
(A) who is— 
(i)(I) an employee (including an appli-
cant), as defined in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
203(e)), who is not covered under any of 
clauses (ii) through (v), including such an 
employee of the Library of Congress, ex-
cept that a reference in such section to an 
employer shall be considered to be a ref-
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erence to an employer described in clauses 
(i)(I) and (ii) of paragraph (3)(A); or 
(II) an employee (including an appli-
cant) of the Government Accountability 
Office; 
(ii) a State employee (including an ap-
plicant) described in section 304(a) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); 
(iii) a covered employee (including an 
applicant), as defined in section 101 of the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301); 
(iv) a covered employee (including an 
applicant), as defined in section 411(c) of 
title 3, United States Code; or 
(v) a Federal officer or employee (in-
cluding an applicant) covered under sub-
chapter V of chapter 63 of title 5, United 
States Code; and 
(B) who works at least 20 hours per week 
or, in the alternative, at least 1,000 hours per 
year. 
(3) EMPLOYER.— 
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(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
affecting commerce’’ have the mean-
ings given the terms in section 101 of 
such Act (29 U.S.C. 2611). 
(II) EMPLOYEE; PERSON.—The 
terms ‘‘employee’’ and ‘‘person’’ have 
the meanings given such terms in sec-
tion 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203). 
(C) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(5) SUPERVISOR.— 
(A) IN GENERAL.—The term ‘‘supervisor’’ 
has the meaning given the term in section 152 
of the National Labor Relations Act (29 U.S.C. 
152). 
(B) APPLICATION.—For purposes of apply-
ing this paragraph, a reference in such sec-
tion— 
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(i) to an employee shall be considered 
to be a reference to an employee, as de-
fined in this section; and 
(ii) to an employer shall be considered 
to be a reference to an employer, as de-
fined in this section. 
SEC. 4. STATUTORY RIGHT TO REQUEST FLEXIBLE WORK 
TERMS AND CONDITIONS. 
(a) IN GENERAL.—An employee may apply to the 
employee’s employer for a temporary or permanent change 
in the employee’s terms or conditions of employment if the 
change relates to— 
(1) the number of hours the employee is re-
quired to work; 
(2) the times when the employee is required to 
work or be on call for work; 
(3) where the employee is required to work; or 
(4) the amount of notification the employee re-
ceives of work schedule assignments. 
(b) CONTENTS.—An application submitted under this 
section shall— 
(1) state that the application is an application 
described in subsection (a); 
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(2) specify the change applied for and the date 
on which the employee requests that the change be-
come effective; and 
(3) explain what effect, if any, the employee 
thinks the change applied for would have on the em-
ployer and how, in the employee’s opinion, any such 
effect might be dealt with. 
(c) SUBMISSIONS.— 
(1) PERIOD
BETWEEN
SUBMISSIONS.—If an 
employee, who has submitted an application under 
this section to an employer, submits a further appli-
cation under this section to the same employer be-
fore the end of the period of 12 months beginning 
with the date on which the previous application was 
submitted, that further application shall not be cov-
ered by section 5. 
(2) FORM AND TIMING.—The administrative of-
ficer shall, by regulation issued under section 13, 
specify— 
(A) the form of applications submitted 
under this section; and 
(B) when such an application shall be con-
sidered to be submitted. 
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SEC. 5. EMPLOYER’S DUTIES IN RELATION TO APPLICA-
TIONS. 
(a) IN GENERAL.—An employer to whom an em-
ployee submits an application under section 4 shall con-
sider the application, in accordance with regulations 
issued under section 13. 
(b) REGULATIONS.—Regulations issued under sub-
section (a)— 
(1) shall include provisions that provide— 
(A) that the employer and the employee 
shall hold a meeting to discuss such an applica-
tion; 
(B) that the employer shall give the em-
ployee a written decision regarding the applica-
tion, within a reasonable period after the date 
of the meeting; 
(C) that a decision under subparagraph 
(B) to reject the application shall state the 
grounds for the decision, including whether 
those grounds included— 
(i) the identifiable cost of the pro-
posed change in a term or condition of em-
ployment requested in the application, in-
cluding the costs of loss of productivity, of 
retraining or hiring an employee, or of 
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transferring an employee from 1 facility to 
another facility; 
(ii) the overall financial resources in-
volved; 
(iii) for an employer with multiple fa-
cilities, the geographic separateness or ad-
ministrative or fiscal relationship of the 
staffs at the facilities; 
(iv) the effect of the change on the 
employer’s ability to meet customer de-
mand; or 
(v) another factor specified by the ad-
ministrative officer in regulation; 
(D) that if the employer rejects the em-
ployee’s application, the employer may propose 
in writing an alternative change to the employ-
ee’s hours, times, place, and amount of notifica-
tion of schedule assignments for work; 
(E) that if the employee is dissatisfied with 
the employer’s decision under subparagraph (B) 
and the alternative described in subparagraph 
(D), and if the employer has another super-
visor, the employee has the right to reconsider-
ation of the decision by such supervisor, and to 
receive a decision in writing from the reconsid-
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eration within a reasonable period, in accord-
ance with procedures specified in regulations 
issued under section 13; 
(F) that the employee shall have a right to 
be accompanied at meetings described in sub-
paragraph (A) by a representative of the em-
ployee’s choosing with such qualifications as the 
regulations shall specify; 
(G) that if such a representative of the em-
ployee’s choosing is not available to attend a 
meeting described in subparagraph (A), the 
meeting shall be postponed; and 
(H) for extension of a time limit specified 
in the regulations in a case in which the em-
ployer and employee agree, or in such other cir-
cumstances as the regulations may specify; and 
(2) may include provisions that provide— 
(A) that any requirement of the regula-
tions shall not apply in a case in which such an 
application is disposed of by agreement or with-
drawn; and 
(B) for applications to be treated as with-
drawn in specified circumstances. 
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SEC. 6. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any employer to interfere with, restrain, or deny 
the exercise of, or the attempt to exercise, any right pro-
vided under this Act. 
(b) INTERFERENCE
WITH
APPLICATION, PRO-
CEEDINGS, OR INQUIRIES.—It shall be unlawful for any 
employer to discharge or in any other manner discriminate 
against (including retaliating against) any individual be-
cause such individual— 
(1) has submitted (or attempted to submit) an 
application under section 4 or requested (or at-
tempted to request) a reconsideration under section 
5; 
(2) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(3) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; 
(4) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act; 
(5) has opposed any practice made unlawful by 
this Act; or 
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(6) has in any other way exercised or attempted 
to exercise any right provided under this Act. 
SEC. 7. ENFORCEMENT. 
(a) DEFINITIONS.—Except as provided in subsection 
(d), in this section: 
(1) EMPLOYEE.—The term ‘‘employee’’ means 
an employee described in clause (i) or (ii) of section 
3(2)(A). 
(2) EMPLOYER.—The term ‘‘employer’’ means 
an employer described in subclause (I) or (II) of sec-
tion 3(3)(A)(i). 
(b) GENERAL AUTHORITY.—The provisions of this 
Act may be enforced pursuant to the following provisions: 
(1) INVESTIGATION AND ASSESSMENT.—An em-
ployee who is affected by a violation of a right in 
section 6 (including a violation relating to a right 
provided under section 4 or 5) may make a com-
plaint to the Secretary of Labor, alleging that the 
employer involved has violated section 6. The Sec-
retary shall receive, investigate, and attempt to re-
solve such complaints of violations in the same man-
ner as the Secretary receives, investigates, and at-
tempts to resolve complaints of violations of section 
6 and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207), and may issue an order 
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making determinations, and assessing a civil penalty 
described in section 8(a)(1) or awarding relief de-
scribed in section 8(a)(2), as appropriate, with re-
spect to such an alleged violation. 
(2) ADMINISTRATIVE
REVIEW.—An affected 
person who takes exception to an order issued under 
paragraph (1) may request a review of and a deci-
sion regarding such an order by an administrative 
law judge, who may hold an administrative hearing 
concerning the order under procedures established 
by the administrative officer that comply with the 
requirements of sections 554, 556, and 557 of title 
5, United States Code, and regulations promulgated 
by the administrative officer. Such hearing shall be 
conducted expeditiously. If no affected person re-
quests such review within 60 days after the order is 
issued under paragraph (1), the order shall be 
deemed to be a final order that is not subject to ju-
dicial review. 
(3) ENFORCEMENT.—The amount of any pen-
alty assessed against an employer under this sub-
section, when finally determined, may be— 
(A) deducted from any sums owed by the 
United States to the employer; or 
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(B) recovered in a civil action brought 
against the employer by the Secretary, rep-
resented by the Solicitor of Labor (or brought 
against the employer by the administrative offi-
cer specified in section 13(a)) in any court of 
competent jurisdiction. 
(4) CIVIL ACTION.—An affected person desiring 
review of a decision issued under paragraph (2) 
(other than a nonreviewable order) may file a peti-
tion for review in an appropriate Federal court of 
appeals. 
(5) CIVIL ACTION BY THE SECRETARY FOR IN-
JUNCTIVE RELIEF.—The Secretary (or the adminis-
trative officer specified in section 13(a)) may bring 
an action for a violation described in paragraph (1) 
in a district court of the United States to obtain the 
injunctive relief described in section 8(b). 
(c) OTHER EMPLOYEES.— 
(1) EMPLOYEES COVERED BY CONGRESSIONAL 
ACCOUNTABILITY
ACT
OF
1995.—Notwithstanding 
any other provision of this section or section 8, the 
powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 
1301 et seq.) to the Board (as defined in section 
101 of that Act (2 U.S.C. 1301)), or any person, al-
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leging a violation of section 202(a)(1) of that Act (2 
U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or 
any person, alleging an unlawful employment prac-
tice in violation of this Act against an employee de-
scribed in section 3(2)(A)(iii). 
(2) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.—Notwithstanding 
any other provision of this section or section 8, the 
powers, remedies, and procedures provided in chap-
ter 5 of title 3, United States Code, to the Presi-
dent, the Merit Systems Protection Board, or any 
person, alleging a violation of section 412(a)(1) of 
that title, shall be the powers, remedies, and proce-
dures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful em-
ployment practice in violation of this Act against an 
employee described in section 3(2)(A)(iv). 
(3) EMPLOYEES COVERED BY CHAPTER 63 OF 
TITLE 5, UNITED STATES CODE.—Notwithstanding 
any other provision of this section or section 8, the 
powers, remedies, and procedures provided in title 5, 
United States Code, to an employing agency, pro-
vided in chapter 12 of that title to the Merit Sys-
tems Protection Board, or provided in that title to 
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any person, alleging a violation of subchapter V of 
chapter 63 of that title, shall be the powers, rem-
edies, and procedures this Act provides to that agen-
cy, that Board, or any person, respectively, alleging 
an unlawful employment practice in violation of this 
Act against an employee described in section 
3(2)(A)(v). 
SEC. 8. REMEDIES. 
(a) ADMINISTRATIVE PROCEEDINGS AND ACTIONS 
FOR REVIEW.— 
(1) 
INTERFERENCE
WITH
EXERCISE
OF 
RIGHTS.—In an action brought under paragraph (1), 
(2), or (4) of section 7(b), an employer who commits 
a willful or repeated violation of the provisions of 
section 6 (including a violation relating to a right 
provided under section 4 or 5) shall be subject to a 
civil penalty of not more than $1,100 for each em-
ployee who was the subject of such a violation. 
(2) RETALIATION.—In an action brought under 
paragraph (1), (2), or (4) of section 7(b), if an em-
ployer violates section 6(b), the employee who is af-
fected by the violation or the Secretary (or the ad-
ministrative officer specified in section 13(a)), as ap-
propriate, may obtain an order awarding such equi-
table relief as may be appropriate, including employ-
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