[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 946

 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                               policies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 1995

 Mr. Andrews of New Jersey (for himself and Mr. Petri) introduced the 
  following bill; which was referred to the Committee on Economic and 
                       Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 relating to the minimum 
  wage and overtime exemption for employees subject to certain leave 
                               policies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Leave Fairness Act''.

SEC. 2. EMPLOYEES SUBJECT TO CERTAIN LEAVE POLICIES.

    Section 13(a)(1) (29 U.S.C. 213(a)(1)) is amended by adding before 
the semicolon at the end the following: ``and an employee shall not be 
disqualified for an exemption under this paragraph on the basis that 
such employee is subject to reductions--
            ``(A) in accrued leave of any type, or
            ``(B) in pay because of an absence of the employee and 
        because--
                    ``(i) such employee's accrued leave was exhausted, 
                or
                    ``(ii) such employee chose to be absent without 
                charging the employee's accrued leave
regardless of the length of the leave or absence for which such 
reductions are to be made''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall apply to an employee 
(described in the amendment) before, on, and after the date of 
enactment of this Act unless--
            (1) an action was brought in a court involving the 
        application of section 13(a)(1) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 213(a)(1)) to the employee; and
            (2) a final judgment has been entered in the action on or 
        before the date of enactment of this Act.
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