[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8158 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8158
To allow Americans to receive paid leave time to address symptoms
related to reproductive health conditions and reproductive health care
procedures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 30, 2026
Ms. Ansari (for herself, Mrs. Beatty, Mr. Bell, Ms. Brownley, Mr.
Carter of Louisiana, Ms. Clarke of New York, Mr. Conaway, Mr. Goldman
of New York, Mrs. Grijalva, Mr. Jackson of Illinois, Mr. Johnson of
Georgia, Mr. Kennedy of New York, Mr. Krishnamoorthi, Mr. McGarvey, Ms.
Norton, Ms. Pressley, Ms. Ross, Ms. Simon, Mr. Thanedar, Ms. Tlaib, Mr.
Tonko, Mrs. Trahan, Ms. Velazquez, Ms. Williams of Georgia, and Ms.
Wilson of Florida) introduced the following bill; which was referred to
the Committee on Education and Workforce, and in addition to the
Committees on Oversight and Government Reform, House Administration,
and the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To allow Americans to receive paid leave time to address symptoms
related to reproductive health conditions and reproductive health care
procedures.
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 ``Reproductive Healthcare Leave Act''.
SEC. 2. PURPOSES.
The purpose of this Act is to allow individuals in the United
States to receive paid leave time for absences resulting from a
physical or mental conditions or from symptoms related to reproductive
health or for absences related to obtaining care related to
reproductive health, and for other purposes.
SEC. 3. PAID LEAVE TIME.
(a) Granting Leave Time.--
(1) In general.--An employer shall grant to each employee
employed by the employer 96 hours of paid leave time on the
employee's first workday of each calendar year. The employee
may use the paid leave time as needed during that calendar year
for reasons described in subsection (b).
(2) Carryover.--Paid leave time granted under this section
shall not carry over from 1 calendar year to the next.
(3) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this section and
that is made available for all stated reasons and under all
stated conditions that are the same as the reasons and
conditions outlined in subsection (b) shall not be required to
grant an employee additional paid leave time under this
section.
(4) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for paid leave time granted under paragraph (1) that has not
been used.
(5) Prohibition.--An employer may not require, as a
condition of providing paid leave time under this section, that
the employee involved search for or find a replacement employee
to cover the hours during which the employee is using paid
leave time.
(b) Uses.--Paid leave time granted under this section may be used
by an employee for any of the following reasons:
(1) A medical or surgical procedure related to human
reproductive health, including any physical or mental symptom
related to such a procedure or any reproductive health
condition, including--
(A) Menstruation.
(B) Endometriosis.
(C) Dysmenorrhea.
(D) Adenomyosis.
(E) Olycystic ovary syndrome.
(F) Menopause.
(G) Perimenopause.
(2) Obtaining medical care, have a medical procedure, or a
preventative screening related to reproductive health,
including fertility treatments, termination of pregnancies,
hysterectomies, and vasectomies.
(c) Procedures.--An employer shall allow paid leave time to be used
upon the oral or written request of an employee. Such a request shall--
(1) include the expected duration of the period of such
time; and
(2) be provided as soon as practicable after the employee
is aware of the need for such period.
SEC. 4. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each employee and
include in any employee handbook the information described in
paragraphs (1) through (3). Each employer shall post and keep posted a
notice, to be prepared or approved in accordance with procedures
specified in regulations prescribed under section 11, setting forth
excerpts from, or summaries of, the pertinent provisions of this Act,
including--
(1) information describing paid leave time available to
employees under this Act;
(2) information pertaining to the filing of an action under
this Act; and
(3) information that describes--
(A) the protections that an employee has in
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section 6)
if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in a conspicuous place on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; and
(2) in employee handbooks.
(c) Violation; Penalty.--Any employer who willfully violates the
notice requirements of this section shall be subject to a civil fine in
an amount not to exceed $100 for each day in which the employer is in
violation of such requirements.
SEC. 5. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this Act,
including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
Act;
(B) using the taking of paid leave time under this
Act as a negative factor in an employment action, such
as hiring, promotion, reducing hours or number of
shifts, or a disciplinary action; or
(C) counting the use of paid leave time under a no-
fault attendance policy or any other absence control
policy.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual, including a job
applicant, 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 (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action, 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 right
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act.
(c) Construction.--Nothing in this section shall be construed to
alter or limit the scope of the activities prohibited by section 105 of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) or the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.).
SEC. 6. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this Act, or any regulation or order
issued under this Act, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this Act in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this Act or any regulation or order issued pursuant
to this Act, or is investigating a charge pursuant to
paragraph (3).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(2) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) Liability.--Any employer who violates section 5
(including a violation relating to rights provided
under section 3) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 24 hours of wages or salary
for the employee or individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(3) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 5 (including a violation
relating to rights provided under section 3) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (2)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(4) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (2), (3),
or (5) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 5 (including
a willful violation relating to rights provided under
section 3), such action may be brought within 3 years
of the date of the last event constituting the alleged
violation for which such action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (2), (3), or (5) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(5) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 5 (including
a violation relating to rights provided under section
3), including the restraint of any withholding of
payment of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to employees or individuals eligible under this
Act; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(6) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (3) or (5).
(7) Government accountability office.--Notwithstanding any
other provision of this subsection, in the case of the
Government Accountability Office, the authority of the
Secretary of Labor under this subsection shall be exercised by
the Comptroller General of the United States.
(8) Definition.--In this subsection--
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 12(3);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
12(4)(A)(i).
(b) 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 employee described in
section 12(3)(C).
(c) 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 employee described in section 12(3)(D).
(d) 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 employee
described in section 12(3)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment to the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
Act for equitable, legal, or other relief authorized under this
Act.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(2) for
injunctive relief that is authorized under this Act. In such a
suit the court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this Act, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR EDUCATION AND OUTREACH.
There is authorized to be appropriated to the Secretary of Labor
such sums as may be necessary in order that the Secretary may conduct a
public awareness campaign to educate and inform the public of the
requirements for paid leave time required by this Act.
SEC. 8. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this Act
shall be construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, or disability.
(b) Federal, State, and Local Laws.--Nothing in this Act shall be
construed to supersede (including preempting) any provision of any
Federal, State, or local law that provides greater paid or unpaid
family or medical leave rights than the rights established under this
Act.
SEC. 9. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this Act shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid leave or other leave rights to
employees or individuals than the rights established under this Act.
(b) Less Protective.--The rights established for employees under
this Act shall not be diminished by any contract, collective bargaining
agreement, or any employment benefit program or plan.
SEC. 10. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act shall be construed to discourage employers from
adopting or retaining leave policies more generous than policies that
comply with the requirements of this Act.
SEC. 11. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not
later than 180 days after the date of enactment of this Act,
the Secretary shall prescribe such regulations as are necessary
to carry out this Act with respect to employees described in
subparagraph (A) or (B) of section 12(3) and other individuals
affected by employers described in subclause (I) or (II) of
section 12(4)(A)(i).
(2) Government accountability office.--The Comptroller
General of the United States shall prescribe the regulations
with respect to employees of the Government Accountability
Office and the Library of Congress, respectively, and other
individuals affected by the Comptroller General of the United
States.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Board of
Directors of the Office of Compliance shall prescribe (in
accordance with section 304 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary
to carry out this Act with respect to employees described in
section 12(3)(C) and other individuals affected by employers
described in section 12(4)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the President (or
the designee of the President) shall prescribe such regulations
as are necessary to carry out this Act with respect to
employees described in section 12(3)(D) and other individuals
affected by employers described in section 12(4)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Director of
the Office of Personnel Management shall prescribe such
regulations as are necessary to carry out this Act with respect
to employees described in section 12(3)(E) and other
individuals affected by employers described in section
12(4)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
SEC. 12. DEFINITIONS.
In this Act:
(1) 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),
except that a reference in such section to an employer
shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph
(4)(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, other than an
applicant for employment; or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code.
(2) Employer.--
(A) In general.--The term ``employer'' means a
person who 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) 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 who employs 5 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(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.
(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.
(3) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(4) Paid leave time.--The term ``paid leave time'' means an
increment of compensated leave that can be granted to an
employee for use during an absence from employment for any
reason described in section 3(b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the marriage was celebrated.
(7) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
SEC. 13. EFFECTIVE DATES.
(a) Effective Date.--This Act, other than section 11, shall take
effect 6 months after the date of issuance of regulations under section
11(a)(1).
(b) Collective Bargaining Agreements.--With respect to a collective
bargaining agreement in effect on the effective date prescribed by
subsection (a), this Act shall take effect on the earlier of--
(1) the date of the termination of such agreement; or
(2) the date that is 18 months after the date of issuance
of regulations under section 11(a)(1).
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