(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995; 
(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; 
(v) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; 
(vi) the Librarian of Congress; or 
(vii) the Comptroller General of the 
United States; and 
(B) who is engaged in commerce (including 
government), in the production of goods for 
commerce, or in an enterprise engaged in com-
merce (including government) or in the produc-
tion of goods for commerce. 
(12) FAMILY RELATIONSHIP.—The term ‘‘fam-
ily relationship’’ means a relationship with— 
(A) a child, spouse, domestic partner, par-
ent, grandchild, grandparent, sibling, or parent 
of a spouse or domestic partner; or 
(B) any individual related to the employee 
involved by blood or affinity, whose close asso-
ciation with the employee is the equivalent of a 
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family relationship described in subparagraph 
(A). 
(13) GRANDCHILD.—The term ‘‘grandchild’’ 
means the child of a child. 
(14) GRANDPARENT.—The term ‘‘grandparent’’ 
means the parent of a parent. 
(15) 
HOSPITALITY
ESTABLISHMENT.—The 
term ‘‘hospitality establishment’’ means a hotel, 
motel, inn, or similar transient lodging establish-
ment. 
(16) MINIMUM NUMBER OF EXPECTED WORK 
HOURS.—The term ‘‘minimum number of expected 
work hours’’ means the minimum number of hours 
an employee will be assigned to work on a weekly or 
monthly basis. 
(17) NONEXEMPT EMPLOYEE.—The term ‘‘non-
exempt employee’’ means an employee who is not 
employed in a bona fide executive, administrative, or 
professional capacity, as defined for purposes of sec-
tion 13(a)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)(1)). 
(18) ON-CALL SHIFT.—The term ‘‘on-call shift’’ 
means any time during which an employer requires 
an employee to— 
(A) be available to work; and 
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(B) contact the employer or the designee 
of the employer, or wait to be contacted by the 
employer or designee, to determine whether the 
employee is required to report to work at that 
time. 
(19) PARENT.—The term ‘‘parent’’ means a bi-
ological or adoptive parent, a stepparent, or a person 
who stood in a parental relationship to an employee 
when the employee was a child. 
(20) PARENTAL
RELATIONSHIP.—The term 
‘‘parental relationship’’ means a relationship in 
which a person assumed the obligations incident to 
parenthood for a child and discharged those obliga-
tions before the child reached adulthood. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(22) SERIOUS HEALTH CONDITION.—The term 
‘‘serious health condition’’ has the meaning given 
the term in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
(23) SIBLING.—The term ‘‘sibling’’ means a 
brother or sister, whether related by half blood, 
whole blood, or adoption, or as a stepsibling. 
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(24) SPLIT
SHIFT.—The term ‘‘split shift’’ 
means a schedule of daily hours in which the hours 
worked are not consecutive, except that— 
(A) a schedule in which the total time out 
for meals does not exceed one hour shall not be 
treated as a split shift; and 
(B) a schedule in which the break in the 
employee’s work shift is requested by the em-
ployee shall not be treated as a split shift. 
(25) SPOUSE.—The term ‘‘spouse’’ means a 
person with whom an individual entered into— 
(A) a marriage as defined or recognized 
under State law in the State in which the mar-
riage was entered into; or 
(B) in the case of a marriage entered into 
outside of any State, a marriage that is recog-
nized in the place where entered into and could 
have been entered into in at least 1 State. 
(26) 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). 
(27) WAREHOUSE ESTABLISHMENT.—The term 
‘‘warehouse establishment’’ means any business that 
engages primarily in the storage of goods, wares, or 
commodities for hire or compensation, and, in con-
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nection with such storage, may include the loading, 
packing, sorting, stacking, wrapping, distribution, or 
delivery of those goods, wares, or commodities. 
(28) WORK
SCHEDULE.—The term ‘‘work 
schedule’’ means all of an employee’s work shifts 
and on-call shifts, including specific start and end 
times for each shift, during a consecutive 7-day pe-
riod. 
(29) WORK
SCHEDULE
CHANGE.—The term 
‘‘work schedule change’’ means any modification to 
an employee’s work schedule, such as an addition or 
reduction of hours, cancellation of a shift, or a 
change in the date or time of a work shift, by an 
employer. 
(30) WORK
SHIFT.—The term ‘‘work shift’’ 
means the specific hours of the workday during 
which an employee works. 
SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, 
PREDICTABLE, OR STABLE WORK SCHEDULE. 
(a) RIGHT TO REQUEST.—An employee may request 
from their employer a change in the terms and conditions 
of employment as they relate to factors including— 
(1) the number of hours the employee is re-
quired to work or be on call for work; 
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(2) the times when the employee is required to 
work or be on call for work; 
(3) the location where the employee is required 
to work; 
(4) the amount of notification the employee re-
ceives of work schedule assignments; and 
(5) minimizing fluctuations in the number of 
hours the employee is scheduled to work on a daily, 
weekly, or monthly basis. 
(b) EMPLOYER OBLIGATION TO ENGAGE
IN
AN 
INTERACTIVE PROCESS.— 
(1) IN GENERAL.—If an employee requests a 
change in the terms and conditions of employment 
as set forth in subsection (a), the employer shall en-
gage in a timely, good-faith interactive process with 
the employee that includes a discussion of potential 
schedule changes that would meet the employee’s 
needs. 
(2) RESULT.—Such process shall result in— 
(A) subject to subsections (c) and (d), ei-
ther granting or denying the request; and 
(B) in the event of a denial— 
(i) considering alternatives to the pro-
posed change that might meet the employ-
ee’s needs and granting or denying a re-
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quest for an alternative change in the 
terms and conditions of employment as set 
forth in subsection (a); and 
(ii) stating the reason for denial, in-
cluding whether any such reason is a bona 
fide business reason. 
(3) INFORMATION.—If information provided by 
the employee making a request under this section re-
quires clarification, the employer shall explain what 
further information is needed and give the employee 
reasonable time to produce the information. 
(c) REQUESTS RELATED TO SERIOUS HEALTH CON-
DITION, CAREGIVING, ENROLLMENT IN EDUCATION OR 
TRAINING, OR A SECOND JOB.—If an employee makes a 
request for a change in the terms and conditions of em-
ployment as set forth in subsection (a), specifying that the 
request is because of the employee’s serious health condi-
tion, the employee’s responsibilities as a caregiver, the em-
ployee’s enrollment in a career-related educational or 
training program, or a reason related to the employee’s 
second job, the employer shall grant the request, unless 
the employer has a bona fide business reason for denying 
the request. 
(d) OTHER REQUESTS.—If an employee makes a re-
quest for a change in the terms and conditions of employ-
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ment as set forth in subsection (a), for a reason other than 
those reasons set forth in subsection (c), the employer may 
deny the request for any reason that is not unlawful. If 
the employer denies such a request, the employer shall 
provide the employee with the reason for the denial, in-
cluding whether any such reason is a bona fide business 
reason. 
SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK 
SCHEDULES, 
PREDICTABILITY 
PAY, 
AND 
SPLIT SHIFT PAY FOR COVERED SECTOR EM-
PLOYEES. 
(a) ADVANCE NOTICE REQUIREMENT.— 
(1) PROVIDING
NOTICE
OF
WORK
SCHED-
ULES.— 
(A) IN GENERAL.—An employer shall pro-
vide a covered sector employee with the work 
schedule of the employee— 
(i) not less than 14 days before the 
first day of such work schedule; or 
(ii) in the case of a new covered sector 
employee on or before the first day of work 
of such employee. 
(B) COMPENSATION FOR FAILURE TO PRO-
VIDE NOTICE OF WORK SCHEDULE.—An em-
ployer that violates subparagraph (A) shall 
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compensate each affected employee in the 
amount of $75 per day that a work schedule is 
not provided in violation of such subparagraph. 
(C) WORK SCHEDULE CHANGE.—An em-
ployer may make a work schedule change for 
the work schedule of a covered sector employee 
provided in accordance with subparagraph (A) 
if— 
(i) such work schedule change is made 
not less than 14 days prior to the first day 
on which the change is to take effect; or 
(ii) the employer provides predict-
ability pay for such change in accordance 
with subsection (b). 
(D) MINIMUM EXPECTED WORK HOURS.— 
(i) IN GENERAL.—An employer shall 
inform a covered sector employee of an es-
timate of the minimum number of expected 
work hours the employee will be assigned 
to work per month for the following 12- 
month period— 
(I) in the case of a new covered 
sector employee, on or before the first 
day of work of such employee; or 
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(II) in the case of a covered sec-
tor employee who is employed by the 
employer on the date of enactment of 
this Act, not later than 90 days after 
such date. 
(ii) UPDATING
MINIMUM
EXPECTED 
WORK HOURS.—An employer shall, not less 
than once each year, provide each covered 
sector employee an updated estimate of the 
minimum number of expected work hours 
the employee will be assigned to work per 
month for the following 12-month period. 
Such a revised estimate shall be provided 
not later than the earlier of (as applica-
ble)— 
(I) 1 year after the date on which 
the estimate was provided under 
clause (i) or the most recent update of 
an estimate was provided under this 
clause; or 
(II) the day before the effective 
date of a significant change to the 
minimum expected work hours of the 
employee due to changes in the avail-
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ability of the employee or to the busi-
ness needs of the employer. 
(2) NOTIFICATIONS IN WRITING.—The notifica-
tions required under subparagraphs (A) and (D) of 
paragraph (1) shall be made to the employee in-
volved in writing. 
(3) SCHEDULE POSTING REQUIREMENT.— 
(A) IN GENERAL.—An employer shall post 
a copy of the work schedule of each covered sec-
tor employee in a conspicuous place that is 
readily accessible and visible to all covered sec-
tor employees at the workplace. Posting by elec-
tronic means accessible to all covered sector em-
ployees shall be considered compliance with this 
subparagraph. At the request of an employee, 
the employer shall carry out the posting so that 
the identity of the employee is not readily iden-
tifiable from the schedules posted. 
(B) RIGHT TO DECLINE.—A covered sector 
employee may decline, without penalty, to work 
any hours not included in the work schedule 
posted under subparagraph (A) as work hours 
for the covered sector employee. 
(C) CONSENT.—Except as described in 
subsection (b)(2), if a covered sector employee 
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issued by the Board, that a modification of such 
substantive regulations would be more effective for 
the implementation of the rights and protections 
under this Act with respect to the employees de-
scribed in section 2(10)(C). 
(c) PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Presi-
dent shall issue such regulations as may be nec-
essary to implement this Act with respect to employ-
ees described in section 2(10)(D). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the President shall take into consideration 
the enforcement and remedies provisions concerning 
the President and the Merit Systems Protection 
Board, and applicable to rights and protections 
under the Family and Medical Leave Act of 1993, 
under chapter 5 of title 3, United States Code. 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this Act shall be 
the same as substantive regulations issued by the 
Secretary to implement this Act, except to the extent 
that the President may determine, for good cause 
shown and stated together with the regulations 
issued by the President, that a modification of such 
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