I 112th CONGRESS 1st Session H. R. 319 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.

1.

Short Title

This Act may be cited as the Veterans Day Off Act.

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.

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.

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.

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.

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.

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.