[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 319 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 319

To require employers to provide veterans with time off on Veterans Day.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2011

Mr. Braley of Iowa introduced the following bill; which was referred to 
              the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To require employers to provide veterans with time off on Veterans Day.

    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 ``Veterans Day Off Act''.

SEC. 2. DEFINITIONS.

    In this Act:
     (a) Eligible Employee.--
            (1) In general.--The term ``eligible employee'' means an 
        employee who--
                    (A) is a veteran, as that term is defined in 
                section 101 of title 38, United States Code; and
                    (B) has been employed for at least 12 months by the 
                employer with respect to whom leave is requested under 
                section 3.
            (2) Exclusions.--The term ``eligible employee'' does not 
        include an individual employed by a public agency, as that term 
        is defined in section 3(e)(2) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 203(3)(e)(2)).
    (b) Employ; Employee.--The terms ``employ'' and ``employee'' have 
the same meanings given such terms in subsections (e) and (g) of 
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (e) 
and (g)).
    (c) Employer.--The term ``employer'' means any person engaged in 
commerce or in any industry or activity affecting commerce who employs 
50 or more employees during a calendar year, and includes any person 
who acts, directly or indirectly, in the interest of any employer to 
any of the employees of such employer and any successor in interest of 
an employer. In the previous sentence, the terms ``commerce'' and 
``industry or activity affective commerce'' have the meaning given such 
terms in section 101(1) of the Family and Medical Leave Act of 1993.
    (d) Person.--The term ``person'' has the same meaning given such 
term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(a)).
    (e) Secretary.--The term ``Secretary'' means the Secretary of 
Labor.

SEC. 3. LEAVE REQUIREMENT.

    (a) Entitlement to Leave.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible employee shall be entitled to leave on Veterans Day 
        upon request if such employee would otherwise be required to 
        work on Veterans Day.
            (2) Exceptions.--An employer may deny leave to an eligible 
        employee if providing leave to the employee would--
                    (A) negatively impact public health or safety; or
                    (B) cause the employer significant economic or 
                operational disruption.
    (b) Type of Leave.--
            (1) Unpaid leave permitted.--Leave granted under subsection 
        (a) may consist of unpaid leave.
            (2) Substitution of paid leave.--An eligible employee may 
        elect, or an employer may require the employee, to substitute 
        any of the accrued paid vacation leave or personal leave of the 
        employee for leave provided under subsection (a).
    (c) Duties of Employee.--Not less than 30 days before the Veterans 
Day on which leave is requested to be taken, an employee requesting 
leave under subsection (a) shall provide the employer with the 
following:
            (1) Written notice of the employee's intention to take 
        leave under subsection (a).
            (2) Documentation verifying that the employee is a veteran.
    (d) Duties of Employer.--
            (1) Notice of decision.--Not less than 10 days before the 
        Veterans Day on which leave is requested to be taken, the 
        employer shall notify an employee requesting leave under 
        subsection (a)--
                    (A) whether the employee shall be provided leave; 
                and
                    (B) if so, whether the leave shall be paid or 
                unpaid.
            (2) Denial of leave request.--If an employer receives 
        multiple requests for leave under subsection (a)(1) and denies 
        leave to more than one eligible employee in accordance with 
        subsection (a)(2), the employer should deny leave to the 
        minimum number of eligible employees practicable.

SEC. 4. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the taking of or 
        the attempt to take, any leave provided under this Act.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against any 
        individual for opposing any practice made unlawful by this Act.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against any individual because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to this Act;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any leave 
        provided under this Act; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any leave provided under this Act.

SEC. 5. INVESTIGATIVE AUTHORITY.

    The Secretary shall have investigative authority with respect to 
the provisions of this Act in the same manner and under the same terms 
and conditions as the investigative authority provided under section 
106 of the Family and Medical Leave Act of 1993, and the requirements 
of section 106 of such Act shall apply to employers under this Act in 
the same manner as such requirements apply to employers under section 
106 of such Act.

SEC. 6. ENFORCEMENT.

    The provisions of section 107 of the Family and Medical Leave Act 
of 1993 shall apply with respect to the enforcement of the requirements 
of this Act in the same manner and under the same terms and conditions 
as such provisions apply with respect to the enforcement of the 
requirements of title I of such Act.

SEC. 7. NOTICE.

    (a) In General.--Each employer shall post and keep posted, in 
conspicuous places on the premises of the employer where notices to 
employees and applicants for employment are customarily posted, a 
notice, to be prepared or approved by the Secretary, setting forth 
excerpts from, or summaries of, the pertinent provisions of this title 
Act information pertaining to the filing of a charge.
    (b) Penalty.--Any employer that willfully violates this section may 
be assessed a civil money penalty not to exceed $100 for each separate 
offense.
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