I 
118TH CONGRESS 
2D SESSION 
H. R. 7752 
To require employers to provide paid annual leave to employees, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2024 
Mr. MAGAZINER (for himself, Ms. BUDZINSKI, Mr. CASAR, Ms. CROCKETT, 
Ms. ADAMS, Mr. AMO, Mr. BOWMAN, Mr. CARSON, Mr. DAVIS of Illinois, 
Mr. DELUZIO, Ms. ESCOBAR, Mr. ROBERT GARCIA of California, Ms. 
GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. GOLDMAN of New York, 
Mr. GRIJALVA, Ms. HOYLE of Oregon, Mr. HUFFMAN, Mr. JACKSON of 
Illinois, Ms. JAYAPAL, Mr. KHANNA, Ms. LEE of Pennsylvania, Mr. 
LYNCH, Mr. MCGOVERN, Mr. MENENDEZ, Mr. MULLIN, Mr. NADLER, 
Mr. NEGUSE, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. POCAN, 
Mrs. RAMIREZ, Ms. SALINAS, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. 
STANSBURY, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mrs. TRAHAN, Mrs. 
WATSON COLEMAN, and Ms. WILLIAMS of Georgia) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce, and in addition to the Committees on Oversight and Account-
ability, House Administration, Transportation and Infrastructure, 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 juris-
diction of the committee concerned 
A BILL 
To require employers to provide paid annual leave to 
employees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protected Time Off 
Act’’ or the ‘‘PTO Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMERCE.—The terms ‘‘commerce’’ and 
‘‘industry or activity affecting commerce’’ means any 
activity, business, or industry in commerce or in 
which a labor dispute would hinder or obstruct com-
merce or the free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affecting com-
merce’’, as defined in paragraphs (1) and (3) of sec-
tion 501 of the Labor Management Relations Act, 
1947 (29 U.S.C. 142(1) and (3)). 
(2) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A)(i) an employee (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 other provision of this paragraph, including 
an employee of the Library of Congress, except 
that a reference in such section to an employer 
shall be considered a reference to an employer 
described in paragraph (3)(A)(i)(I); 
(ii) an employee of the Government 
Accountability Office; or 
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(iii) an employee of a covered em-
ployer 
described 
in 
paragraph 
(3)(B)(i)(IV); 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)), other than 
an applicant for employment; 
(C) a tipped employee, as defined in sec-
tion 3(t) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(t)), who is not covered 
under any other provision of this paragraph; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; or 
(F) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code (without regard to the limi-
tation in section 6381(1)(B) of that title). 
(3) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
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(i)(I) a covered employer who is not 
described in any other subclause of this 
clause; 
(II) an entity employing a State em-
ployee 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 Ac-
countability 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 of title 
5, United States Code; and 
(ii) engaged in commerce (including gov-
ernment), or an industry or activity affecting 
commerce (including government). 
(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 activ-
ity affecting commerce who employs 1 
or more employees for each working 
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day during each of 20 or more cal-
endar workweeks in the current or 
preceding year; 
(II) means the Government Ac-
countability Office and the Library of 
Congress; 
(III) includes— 
(aa) any person who acts, 
directly or indirectly, in the inter-
est of an employer covered by 
this clause to any of the employ-
ees of such employer; and 
(bb) any successor in inter-
est of such an employer; and 
(IV) includes any carrier (as such 
term is defined in section 1 of the 
Railway Labor Act (45 U.S.C. 151)) 
and any carrier by air (as described in 
section 201 of such Act (45 U.S.C. 
181). 
(ii) PUBLIC
AGENCY.—For purposes 
of clause (i), a public agency, as defined in 
section 3(x) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(x)), shall be 
considered to be a person engaged in com-
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merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITIONS.—For the purposes 
of this subparagraph: 
(I) EMPLOYEE.—The term ‘‘em-
ployee’’ has the meaning given such 
term in section 3(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
203(e)). 
(II) PERSON.—The term ‘‘per-
son’’ has the meaning given such term 
in section 3(a) of the Fair Labor 
Standards Act of 1938 (20 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 ANNUAL LEAVE.—The term ‘‘paid an-
nual leave’’— 
(A) subject to subparagraph (B), means 
paid vacation leave, paid personal leave, paid 
annual leave (provided under this Act or other-
wise), or any other form of paid leave provided 
to an employee by the employer of such em-
ployee to be used on days in which the employee 
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would otherwise work and receive pay, and such 
days are exclusive of nonworkdays established 
by State or Federal law; and 
(B) does not include— 
(i) leave provided under the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2601, et seq.); or 
(ii) any form of sick leave. 
(5) RAIL
CARRIER.—The term ‘‘rail carrier’’ 
has the meaning given such term in section 10102 
of title 49, United States Code. 
(6) SECRETARY.—Unless otherwise specified, 
the term ‘‘Secretary’’ means the Secretary of Labor. 
(7) SICK LEAVE.—The term ‘‘sick leave’’ means 
leave provided to an employee by the employer of 
such employee for reasons such as personal medical 
needs, family care or bereavement, care of a family 
member with a serious health condition, or adoption- 
related purposes, including leave required to be pro-
vided for such reasons under State or Federal law. 
(8) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
SEC. 3. EARNED ANNUAL LEAVE. 
(a) EARNING OF PAID ANNUAL LEAVE.— 
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(1) EARNING OF ANNUAL LEAVE.—An employer 
shall provide each employee employed by the em-
ployer not less than 1 hour of paid annual leave for 
every 25 hours worked. 
(2) LIMIT.—For purposes of complying with 
paragraph (1), an employer shall not be required to 
provide more than 80 hours of paid annual leave to 
an employee during any 12-month period. 
(3) COMMENCEMENT
OF
EARNING
PAID
AN-
NUAL LEAVE.—An employee shall begin to earn paid 
annual leave at the commencement of employment of 
such employee. 
(4) OVERTIME EXEMPT EMPLOYEE.—For pur-
poses of this section, an employee who is exempt 
from overtime requirements under section 13(a)(1) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)(1)) shall be deemed to work 40 hours in each 
workweek. 
(b) USE OF PAID ANNUAL LEAVE.— 
(1) IN GENERAL.—Paid annual leave may be 
used by an employee for any reason. 
(2) TIMING.—Subject to paragraphs (2) and 
(3) of subsection (c), an employee may use paid an-
nual leave earned by the employee— 
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earning such annual leave, including before the 
60th calendar day after the first date of em-
ployment of the employee. 
(B) 
REIMBURSEMENT
FOR
LOANED 
LEAVE.—An employer may require an employee 
of such employer to reimburse the employer for 
any annual leave loaned under subparagraph 
(A) that such employee has not earned at the 
time of separation. Such reimbursement will be 
at the rate described in paragraph (3). 
(c) PROCEDURES
FOR
USE
OF
PAID
ANNUAL 
LEAVE.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an employee may use paid annual leave 
upon the verbal or written request of the employee. 
(2) EMPLOYEE NOTIFICATION.— 
(A) IN GENERAL.—An employer may re-
quire an employee to provide notice to the em-
ployer to use paid annual leave. 
(B) TIMING
OF
NOTICE.—An employer 
may not require an employee to provide notice 
in excess of 2 weeks in advance of the use of 
such leave. 
(C) EMERGENCY.—In the case of an emer-
gency or situation where an employee can not 
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provide timely notice to an employer for the use 
of paid annual leave, the employer may except 
any notice requirement and allow the use of 
such leave. 
(3) REASONABLE RESTRICTIONS.—An employer 
may place limited, reasonable restrictions regarding 
the scheduling of paid annual leave and may reject 
a scheduling request for such leave for a bona fide 
business reason, so long as the employer provides 
other reasonable alternative times for the employee 
to schedule such leave. 
(4) PURPOSE
OF
USE
OF
PAID
ANNUAL 
LEAVE.—An employer may not require an employee 
to disclose the purpose or reason for which the em-
ployee is using paid annual leave. 
(5) CARRYOVER.—An employer shall permit an 
employee of such employer to use up to 40 hours of 
unused paid annual leave provided to the employee 
during a 12-month period during the following 12- 
month period. 
(6) PROHIBITION ON FINDING COVER.—An em-
ployer may not require, as a condition of providing 
paid annual leave, that an employee search for or 
find a replacement employee to cover the hours dur-
ing which the employee is using such annual leave. 
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(d) PROCEDURES
REGARDING
LEAVE
FOR
EM-
PLOYEE SEPARATION.— 
(1) REIMBURSEMENT.—Upon an employee sep-
arating from an employer, the employer shall provide 
financial reimbursement, at the rate described in 
subsection (b)(3), to such employee for all unused 
paid annual leave of the employee. 
(2) REINSTATEMENT.—If an employee is sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer— 
(A) the employer shall reinstate the em-
ployee’s previously earned paid annual leave; 
and 
(B) the employee shall be entitled to use 
such leave and earn additional paid annual 
leave at the recommencement of employment 
with the employer. 
SEC. 4. NOTICE REQUIREMENTS. 
(a) NOTICE REQUIREMENT.—An employer shall no-
tify each employee about the paid annual leave policy of 
such employer, which shall include the information de-
scribed in subsection (b), by— 
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(1) providing such information, in writing, to 
each employee on or before the first day of employ-
ment of such employee; 
(2) including such information in the employee 
handbook; and 
(3) posting a notice containing such informa-
tion in a physical conspicuous place on the premises 
of the employer or a virtual conspicuous place, where 
notices to employees are customarily posted. 
(b) CONTENTS.—The information provided pursuant 
to subsection (a) shall include— 
(1) any paid annual leave policy of such em-
ployer, including any paid annual leave policy that 
provides paid annual leave in excess of the require-
ments of this Act; 
(2) information pertaining to the filing of an 
action under section 6; 
(3) details of any notice requirement the em-
ployer may require, as described in section 3(c)(2); 
(4) information regarding— 
(A) the protections that an employee has 
in exercising rights under this Act; and 
(B) how the employee can contact the Sec-
retary (or other appropriate authority as de-
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scribed in section 6) if any such rights are vio-
lated. 
SEC. 5. 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, including— 
(1) discharging or discriminating against (in-
cluding retaliating against) any individual for exer-
cising, including a job applicant, or attempting to 
exercise, any right provided under this Act; 
(2) using the taking of paid annual leave as a 
negative factor in an employment action, such as 
hiring, promotion, reducing hours or numbers of 
shifts, or a disciplinary action; or 
(3) counting paid annual leave under a no-fault 
attendance policy or any other absence-control pol-
icy. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against (including retali-
ating against) any individual, including a job applicant, 
because such individual— 
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(1) has filed an action under section 6, or has 
instituted or caused to be instituted any proceeding, 
under this Act; 
(2) has given, or intends to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or intends to testify, in any in-
quiry or proceeding relating to any right provided 
under this Act. 
SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection— 
(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A), (B), or 
(C) of section 2(2); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclauses (I) or (II) of sec-
tion 2(3)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
(A) IN GENERAL.—To ensure compliance 
with this Act, or any regulation or order issued 
under this Act, the Secretary shall have, subject 
to subparagraph (C), the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)), 
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