I 
113TH CONGRESS 
1ST SESSION 
H. R. 675 
To extend protections to part-time workers in the areas of employer-provided 
health insurance, family and medical leave, and pension plans. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2013 
Ms. SCHAKOWSKY introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittees on Ways and Means, House Administration, and Oversight and 
Government Reform, 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 extend protections to part-time workers in the areas 
of employer-provided health insurance, family and med-
ical leave, and pension plans. 
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 ‘‘Part-Time Worker Bill 
of Rights Act of 2013’’. 
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SEC. 2. EXTENSION OF EMPLOYER HEALTH INSURANCE 
COVERAGE MANDATE TO PART-TIME EM-
PLOYEES. 
(a) LARGE EMPLOYERS NOT OFFERING HEALTH 
COVERAGE.— 
(1) IN
GENERAL.—Subsection (a) of section 
4980H of the Internal Revenue Code of 1986 is 
amended— 
(A) by striking ‘‘full-time employees’’ in 
paragraph (1) and inserting ‘‘employees’’, 
(B) by striking ‘‘full-time employee’’ in 
paragraph (2) and inserting ‘‘employee’’, and 
(C) by striking ‘‘hereby imposed on the 
employer’’ and all that follows and inserting 
‘‘hereby imposed on the employer, with respect 
to each employee employed by the employer 
during such month, an assessable payment 
equal to the applicable payment amount with 
respect to such employee.’’. 
(2) PRORATION
OF
APPLICABLE
PAYMENT 
AMOUNT FOR PART-TIME EMPLOYEES.—Paragraph 
(1) of section 4980H(c) of such Code is amended to 
read as follows: 
‘‘(1) APPLICABLE
PAYMENT
AMOUNT.—The 
term ‘applicable payment amount’ means, with re-
spect to any employee for any month— 
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‘‘(A) in the case of a full-time employee, 
1⁄12 of $2,000, and 
‘‘(B) in the case of any other employee, the 
amount which bears the same ratio to the 
amount determined under subparagraph (A) 
as— 
‘‘(i) the average hours of service per 
week of such employee for such month, 
bears to 
‘‘(ii) 30.’’. 
(b) LARGE EMPLOYERS OFFERING COVERAGE WITH 
EMPLOYEES WHO QUALIFY FOR PREMIUM TAX CREDITS 
OR COST-SHARING REDUCTIONS.— 
(1) IN
GENERAL.—Paragraph (1) of section 
4980H(b) of such Code is amended— 
(A) by striking ‘‘full-time employees’’ each 
place it appears in subparagraphs (A) and (B) 
and inserting ‘‘employees’’, and 
(B) by striking ‘‘hereby imposed on the 
employer’’ and all that follows and inserting 
‘‘hereby imposed on the employer, with respect 
to each employee described in subparagraph (B) 
for such month, an assessable payment equal to 
1⁄12 of $3,000.’’. 
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(2) PRORATION FOR PART-TIME EMPLOYEES.— 
Subsection (b) of section 4980H of such Code is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) PRORATION
FOR
PART-TIME
EMPLOY-
EES.—In the case of any employee other than a full- 
time employee, paragraph (1) shall be applied by 
substituting for ‘$3,000’ the dollar amount which 
bears the same ratio to $3,000 as— 
‘‘(A) the average hours of service per week 
of such employee for the month with respect to 
which such paragraph applies, bears to 
‘‘(B) 30.’’. 
(3) APPLICATION OF OVERALL LIMITATION.— 
Paragraph (2) of section 4980H(b) of such Code is 
amended to read as follows: 
‘‘(2) OVERALL
LIMITATION.—The aggregate 
amount of tax determined under paragraph (1) with 
respect to any applicable large employer for any 
month shall not exceed the aggregate amount of tax 
which would have been determined under subsection 
(a) with respect to such employer for such month if 
such employer were described in subsection (a)(1).’’. 
(c) APPLICATION OF HOURS OF SERVICE RULES.— 
Subparagraph (B) of section 4980H(c)(4) of such Code 
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is amended by striking ‘‘for the application of this para-
graph to’’ and inserting ‘‘with respect to’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to months beginning after Decem-
ber 31, 2013. 
SEC. 3. ELIMINATION OF HOURS OF SERVICE REQUIRE-
MENT FOR FMLA LEAVE. 
(a) AMENDMENT.—Section 101(2)(A) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) 
is amended to read as follows: 
‘‘(A) IN GENERAL.—The term ‘eligible em-
ployee’ means an employee who has been em-
ployed, either as a full-time or part-time em-
ployee, for at least 12 months by the employer 
with respect to whom leave is requested under 
section 102.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect beginning on the date that 
is one year after the date of enactment of this Act. 
SEC. 4. TREATMENT OF EMPLOYEES WORKING AT LESS 
THAN FULL-TIME UNDER PARTICIPATION, 
VESTING, AND ACCRUAL RULES GOVERNING 
PENSION PLANS. 
(a) PARTICIPATION RULES.— 
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(1) IN
GENERAL.—Section 202(a)(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1052(a)(3)) is amended by adding at the 
end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the 12-month 
period referred to in subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
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(2) 
CONFORMING
AMENDMENT.—Section 
204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) 
is amended by striking ‘‘section 202(a)(3)(A)’’ and 
inserting ‘‘subparagraphs (A) and (E) of section 
202(a)(3)’’. 
(b) VESTING RULES.— 
(1) IN GENERAL.—Section 203(b)(2) of such 
Act (29 U.S.C. 1053(b)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
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ance with such regulations as the Secretary may prescribe 
providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(2) 1-YEAR
BREAKS
IN
SERVICE.—Section 
203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is 
amended by adding at the end the following new 
subparagraph: 
‘‘(F)(i) For purposes of this paragraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to subparagraph (A)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 250 hours of service within such period shall 
be treated as completion of 500 hours of service. 
‘‘(ii) For purposes of this subparagraph, the extent 
to which employment in any type of position customarily 
constitutes less than 1,000 hours of service per year shall 
be determined with respect to each pension plan in accord-
ance with such regulations as the Secretary may prescribe 
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providing for consideration of facts and circumstances pe-
culiar to the work-force constituting the participants in 
such plan.’’. 
(c) ACCRUAL RULES.—Section 204(b)(4)(C) of such 
Act (29 U.S.C. 1054(b)(4)(C)) is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) For purposes of this subparagraph, in the case 
of any employee who, as of the beginning of the period 
designated by the plan pursuant to clause (i)— 
‘‘(I) has customarily completed 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, or 
‘‘(II) is employed in a type of position in which 
employment customarily constitutes 500 or more 
hours of service per year but less than 1,000 hours 
of service per year, 
completion of 500 hours of service within such period shall 
be treated as completion of 1,000 hours of service. 
‘‘(iii) For purposes of clause (ii), the extent to which 
employment in any type of position customarily constitutes 
less than 1,000 hours of service per year shall be deter-
mined with respect to each pension plan in accordance 
with such regulations as the Secretary may prescribe pro-
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viding for consideration of facts and circumstances pecu-
liar to the work-force constituting the participants in such 
plan.’’. 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in sub-
section (b), the amendments made by this section 
shall apply with respect to plan years beginning on 
or after the date that is one year after the date of 
the enactment of this Act. 
(2) SPECIAL
RULE
FOR
COLLECTIVELY
BAR-
GAINED PLANS.—In the case of a plan maintained 
pursuant to 1 or more collective bargaining agree-
ments between employee representatives and 1 or 
more employers ratified on or before the date of the 
enactment of this Act, the amendments made by this 
section shall not apply to plan years beginning be-
fore the later of— 
(A) the earlier of— 
(i) the date on which the last of the 
collective bargaining agreements relating to 
the plan terminates (determined without 
regard to any extension thereof agreed to 
after the date of the enactment of this 
Act); or 
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(ii) the date that is 3 years after the 
date of the enactment of this Act; or 
(B) the date that is 1 year after the date 
of the enactment of this Act. 
For purposes of subparagraph (A), any plan amend-
ment made pursuant to a collective bargaining 
agreement relating to the plan which amends the 
plan solely to conform to any requirement added by 
this section shall not be treated as a termination of 
such collective bargaining agreement. 
Æ 
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