[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1564 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1564

    To require that employers provide not less than 10 days of paid 
      vacation time to eligible employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2015

  Mr. Sanders introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To require that employers provide not less than 10 days of paid 
      vacation time to eligible employees, and for other purposes.

    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 ``Guaranteed Paid Vacation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible employee.--The term ``eligible employee'' 
        means an employee who--
                    (A) has been employed for not less than 1 year by 
                the employer providing the paid vacation time under 
                section 3; and
                    (B) through such employment, has provided not less 
                than 1,250 hours of service to such employer during the 
                previous year.
            (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 subparagraph (E), 
                including such an employee of the Library of Congress, 
                except that a reference in such section to an employer 
                shall be considered to be a reference to an employer 
                who employs not less than 15 employees at any time 
                during a calendar year and is described in clauses 
                (i)(I) and (ii) of paragraph (3)(A); or
                    (ii) an employee of the Government Accountability 
                Office;
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a));
                    (C) a covered employee, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301), other than an applicant for employment;
                    (D) a covered employee, as defined in section 
                411(c) of title 3, United States Code; or
                    (E) a Federal officer or employee covered under 
                subchapter V of chapter 63 of title 5, United States 
                Code.
            (3) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who employs not less than 15 employees at any 
                time during a calender year and is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (B), who is not covered under 
                        subclause (V);
                            (II) an entity employing a State employee 
                        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 Accountability 
                        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) is engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government), as 
                        defined in subparagraph (B)(iii).
                    (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 activity 
                                affecting commerce;
                                    (II) includes--
                                            (aa) any person who acts, 
                                        directly or indirectly, in the 
                                        interest of an employer to any 
                                        of the employees of such 
                                        employer; and
                                            (bb) any successor in 
                                        interest of an employer;
                                    (III) includes any ``public 
                                agency'', as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x)); and
                                    (IV) includes the Government 
                                Accountability Office and the Library 
                                of Congress.
                            (ii) Public agency.--For purposes of clause 
                        (i)(III), a public agency shall be considered 
                        to be a person engaged in commerce or in an 
                        industry or activity affecting commerce.
                            (iii) Definitions.--For purposes of this 
                        subparagraph:
                                    (I) Commerce.--The terms 
                                ``commerce'' and ``industry or activity 
                                affecting commerce'' mean any activity, 
                                business, or industry in commerce or in 
                                which a labor dispute would hinder or 
                                obstruct commerce or the free flow of 
                                commerce, and include ``commerce'' and 
                                any ``industry affecting commerce'', as 
                                defined in paragraphs (1) and (3) of 
                                section 501 of the Labor Management 
                                Relations Act, 1947 (29 U.S.C. 142 (1) 
                                and (3)).
                                    (II) Employee.--The term 
                                ``employee'' has the same meaning given 
                                such term in section 3(e) of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                203(e)).
                                    (III) 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)).
                    (C) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (4) Paid vacation time.--The term ``paid vacation time'' 
        means an increment of compensated leave to which an eligible 
        employee is entitled under section 3 to use during an absence 
        from employment, in accordance with the provisions of such 
        section. For purposes of this paragraph and section 3, any sick 
        leave, family leave, or leave otherwise required by law (other 
        than this Act) shall not be treated as or counted towards leave 
        to which an eligible employee is entitled under section 3.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 3. GUARANTEED PAID VACATION TIME.

    (a) In General.--Beginning 1 year after the date of enactment of 
this Act, an eligible employee of an employer shall be entitled to not 
less than 10 days of paid vacation time during each 12-month period to 
be used on consecutive or nonconsecutive days.
    (b) Limitation on Carryover.--Any paid vacation time that is not 
used during the applicable 12-month period shall not carry over to a 
subsequent 12-month period.
    (c) Written Notice.--Not later than 15 days prior to the date on 
which an eligible employee is to begin to use any paid vacation time, 
the eligible employee shall provide the employer with written notice of 
the intention to use such paid vacation time, including an indication 
of the dates on which such paid vacation time are to begin and end.
    (d) Compensation.--
            (1) Rate of compensation.--
                    (A) In general.--Subject to subparagraph (B), an 
                eligible employee using paid vacation time shall be 
                compensated at the rate at which such eligible employee 
                would be compensated if not using paid vacation time.
                    (B) Tipped employees.--An eligible employee who is 
                a tipped employee using paid vacation time shall be 
                compensated at the rate in effect under section 6(a)(1) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                206(a)(1)).
            (2) Employment benefits.--
                    (A) In general.--Any employment benefits offered to 
                an eligible employee, when such eligible employee is 
                not using paid vacation time, shall continue to be 
                offered to such eligible employee when such eligible 
                employee is using paid vacation time. Such continued 
                employment benefits shall be offered at the same level 
                and under the same conditions as employment benefits 
                offered to such eligible employee when such eligible 
                employee is not using paid vacation time.
                    (B) Cost contributions.--If the employer requires 
                an eligible employee to contribute to the cost of the 
                benefits described in subparagraph (A), the employer 
                may require that such eligible employee contribute to 
                such cost during the use of paid vacation time at the 
                same rate as the rate at which such eligible employee 
                would otherwise be required to contribute if not using 
                paid vacation time.
                    (C) Restoration to position.--Any eligible employee 
                who uses paid vacation time shall be entitled, on 
                return from using such paid vacation time, to be 
                restored by the employer to the position of employment 
                held by such eligible employee when such paid vacation 
                time commenced.
    (e) Employers With Existing Policies.--Any employer with a paid 
leave policy who provides an amount of paid leave that is sufficient to 
meet the requirements of this section and that may be used under the 
same conditions as the conditions described in this section shall not 
be required to provide an eligible employee with additional paid 
vacation time under this section.
    (f) Enforcement.--
            (1) Employees covered by the fair labor standards act of 
        1938 and other employees.--
                    (A) Definition.--In this paragraph--
                            (i) the term ``eligible employee'' means an 
                        eligible employee who is an employee described 
                        in subparagraph (A) or (B) of section 2(2); and
                            (ii) the term ``employer'' means an 
                        employer who employs not less than 15 employees 
                        at any time during a calendar year and is 
                        described in subclause (I) or (II) of section 
                        2(3)(A)(i).
                    (B) Secretary of labor.--With respect to an 
                eligible employee and an employer and notwithstanding 
                section 13 of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 213), the Secretary shall receive, investigate, 
                attempt to resolve, and enforce a complaint of a 
                violation of this Act in the same manner that the 
                Secretary receives, investigates, attempts to resolve, 
                and enforces a complaint of a violation of section 7 of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 207). 
                An employer's liability for a violation under this Act 
                shall be, as the case may be--
                            (i) the amount of unpaid vacation time owed 
                        to such employee under this section, and an 
                        additional equal amount as liquidated damages; 
                        or
                            (ii) compensation in accordance with 
                        subsection (d) for any uncompensated unpaid 
                        vacation time used by the eligible employee, 
                        and an additional equal amount as liquidated 
                        damages.
                    (C) Government accountability office.--
                Notwithstanding any other provision of this paragraph, 
                in the case of the Government Accountability Office and 
                the Library of Congress, the authority of the Secretary 
                under this paragraph shall be exercised respectively by 
                the Comptroller General of the United States and the 
                Librarian of Congress.
            (2) Employees covered by congressional accountability act 
        of 1995.--The powers, remedies, and procedures provided in the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
        seq.) to the Board (as defined in section 101 of that Act (2 
        U.S.C. 1301)), or any person, alleging a violation of section 
        202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the 
        powers, remedies, and procedures this Act provides to that 
        Board, or any person, alleging an unlawful employment practice 
        in violation of this Act against an eligible employee who is an 
        employee described in section 2(2)(C).
            (3) Employees covered by chapter 5 of title 3, united 
        states code.--The powers, remedies, and procedures provided in 
        chapter 5 of title 3, United States Code, to the President, the 
        Merit Systems Protection Board, or any person, alleging a 
        violation of section 412(a)(1) of that title, shall be the 
        powers, remedies, and procedures this Act provides to the 
        President, that Board, or any person, respectively, alleging an 
        unlawful employment practice in violation of this Act against 
        an eligible employee who is an employee described in section 
        2(2)(D).
            (4) Employees covered by chapter 63 of title 5, united 
        states code.--The powers, remedies, and procedures provided in 
        title 5, United States Code, to an employing agency, provided 
        in chapter 12 of that title to the Merit Systems Protection 
        Board, or provided in that title to any person, alleging a 
        violation of chapter 63 of that title, shall be the powers, 
        remedies, and procedures this Act provides to that agency, that 
        Board, or any person, respectively, alleging an unlawful 
        employment practice in violation of this Act against an 
        eligible employee who is an employee described in section 
        2(2)(E).

SEC. 4. PUBLIC AWARENESS CAMPAIGN BY THE DEPARTMENT OF LABOR.

    (a) In General.--The Secretary is authorized to conduct a public 
awareness campaign, through the Internet and other media, to inform the 
public of an eligible employee's entitlement to paid vacation time 
under this Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).
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