[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5280 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5280
To require employers to provide paid annual leave to employees, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mr. Sanders (for himself, Mr. Murphy, Mr. Markey, Mr. Gallego, and Mr.
Padilla) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require employers to provide paid annual leave to 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) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce''--
(A) 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
(B) include ``commerce'' and ``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)).
(2) Covered employee.--The term ``covered employee'' means
an individual who is--
(A)(i) an employee who is not covered under any
other provision of this paragraph;
(ii) an employee of the Government Accountability
Office; or
(iii) an employee of a covered employer described
in paragraph (3)(B)(i)(V);
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a)), other than an applicant for employment;
(C) a covered employee, as defined in section
411(c) of title 3, United States Code;
(D) 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;
or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (without regard to the limitation in section
6381(1)(B) of that title), who is not covered under
subparagraph (C).
(3) Employer.--
(A) In general.--The term ``employer'' means any
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(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 (2 U.S.C. 1301);
(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).
(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 1 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) includes the Government
Accountability Office and the Library
of Congress;
(III) includes any public agency;
(IV) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of such an employer;
and
(V) includes any carrier (as such
term is defined in section 1 of the
Railway Labor Act (45 U.S.C. 151)) and
any carrier by air (as described in
section 201 of such Act (45 U.S.C.
181)).
(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.
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(4) Paid annual leave.--The term ``paid annual leave''--
(A) subject to subparagraph (B), means paid
vacation leave, paid personal leave, paid leave
provided on an annual basis (provided under this Act or
otherwise), or any other form of paid leave provided to
a covered employee by the employer of such covered
employee to be used during a period (other than
nonworkdays established by State or Federal law) in
which the covered employee would otherwise work; and
(B) does not include--
(i) leave provided under the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601, et
seq.);
(ii) leave (paid or unpaid) that is
provided by an employer of a covered employee,
including such leave required by Federal,
State, or local law, and is--
(I) family or medical leave;
(II) sick leave;
(III) bereavement leave;
(IV) leave related to the adoption
or fostering of a child;
(V) leave related to domestic
violence, sexual assault, or stalking;
(VI) leave with respect to a public
health emergency;
(VII) leave for a holiday
established by Federal, State, or local
law; or
(VIII) leave for jury duty, for a
civic duty, or to vote; or
(iii) any absence or paid leave under
workers' compensation or a disability plan.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) FLSA definitions.--
(A) In general.--Except as provided in subparagraph
(B), the terms ``employ'', ``employee'', ``person'',
``public agency'', ``State'', and ``tipped employee''
have the meanings given the terms in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(B) Employee.--For purposes of paragraph (2)(A)(i),
the term ``employee'' has meaning given the term in
section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203), except that a reference in such section to
an employer shall be considered a reference to an
employer described in paragraph (3)(A)(i)(I).
SEC. 3. EARNED PAID ANNUAL LEAVE.
(a) Earning of Paid Annual Leave.--
(1) Earning of annual leave.--An employer shall provide
each covered employee employed by the employer not less than 1
hour of paid annual leave for every 25 hours worked by the
covered employee.
(2) Limitation.--
(A) In general.--For purposes of complying with
paragraph (1), an employer shall not be required to
provide more than 80 hours of paid annual leave to a
covered employee during any 12-month period.
(B) Greater than 80 hours of paid annual leave.--In
determining the amount of hours provided to a covered
employee for purposes of limitation under subparagraph
(A), an employer may not include--
(i) any earned and unused paid annual leave
that is carried over by the covered employee
from a previous 12-month period under
subsection (b)(5);
(ii) any leave acquired by the covered
employee through equitable relief provided
under section 6 for a violation of section 5;
or
(iii) any leave reinstated to the covered
employee under subsection (d)(2)(A).
(C) Rule of construction.--This section shall not
be construed to preclude an employer from providing
more than 80 hours of paid annual leave.
(3) Commencement of earning paid annual leave.--A covered
employee shall begin to earn paid annual leave at the
commencement of employment of such covered employee.
(4) Overtime and minimum wage exempt employee.--For
purposes of this section, a covered employee who is exempt from
overtime and minimum wage requirements under section 13(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) shall
be deemed to work 40 hours in each workweek.
(b) Use of Paid Annual Leave.--
(1) In general.--Paid annual leave earned under subsection
(a)(1) may be used by a covered employee for any reason.
(2) Timing.--Subject to paragraphs (2) and (3) of
subsection (c) and except as provided in subsection (d)(2), a
covered employee may use paid annual leave earned by the
covered employee under subsection (a)(1) at any time after the
leave is earned during, except as provided in paragraph (5),
the 12-month period after the leave is earned.
(3) Rate of compensation.--
(A) In general.--Except as provided in subparagraph
(B), a covered employee using paid annual leave earned
under subsection (a)(1) shall be compensated, for the
period that the covered employee is using such leave,
at the regular rate at which the covered employee would
have been paid for such period if the covered employee
were not using the paid annual leave.
(B) Tipped employee.--For the purposes of
subparagraph (A), a covered employee who is a tipped
employee shall be compensated, for the period that such
employee is using paid annual leave earned under
subsection (a)(1), at a rate equivalent to the greater
of--
(i) the minimum wage required under section
6(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a));
(ii) the applicable State minimum wage;
(iii) the applicable local minimum wage;
(iv) any other wage rate required by
Federal, State, or local law; or
(v) the regular rate at which the employee
is employed.
(4) Loaning of annual leave.--
(A) Loaned leave.--An employer may loan paid annual
leave to a covered employee for use by such covered
employee in advance of the covered employee earning
such paid annual leave under subsection (a)(1).
(B) Use of loaned leave.--Except as provided in
subparagraph (C), paid annual leave loaned under
subparagraph (A) shall be treated as if earned under
subsection (a)(1).
(C) Reimbursement for loaned leave.--
(i) In general.--An employer may require a
covered employee of such employer to reimburse
the employer for any paid annual leave loaned
under subparagraph (A) that such covered
employee has not earned at the time of the
termination of the employment of the covered
employee.
(ii) Rate.--Reimbursement under clause (i)
shall be at the applicable rate described in
paragraph (3).
(5) Carryover.--An employer shall permit a covered employee
of such employer to carry over not more than 40 hours of any
earned and unused paid annual leave under subsection (a)(1) in
a 12-month period to be used by the covered employee in the
following 12-month period.
(6) Increments of use of paid annual leave.--An employer
shall allow any covered employee to use paid annual leave
earned under subsection (a)(1) in increments of the smaller
of--
(A) an hour; or
(B) the smallest increment of time that the
employer's payroll system uses to account for absences
or use of other time.
(7) Benefits retained during leave.--
(A) In general.--An employer shall maintain any
employment benefits provided to a covered employee
during any period in which the covered employee takes
paid annual leave, and such benefits shall be provided
in the same manner as if the covered employee had
continued in employment continuously for the duration
of such leave.
(B) Employment benefits.--For purposes of
subparagraph (A), the term ``employment benefits'' has
the meaning given such term in section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611),
except that a reference in such section to the terms
employee and employer shall be considered a reference
to a covered employee and employer (as such terms are
defined in section 2), respectively.
(c) Procedures for Use of Paid Annual Leave.--
(1) In general.--Subject to paragraph (3), a covered
employee may use paid annual leave earned under subsection
(a)(1) upon a verbal or written notification by the covered
employee to the employer of the covered employee as provided in
paragraph (2).
(2) Employee notification.--
(A) Format of notice.--An employer may not specify
whether the notification under paragraph (1) is
provided through a verbal notice or a written notice.
(B) Notice samples.--The Secretary shall create
samples for verbal and written notices required under
paragraph (1).
(C) Timing of notice.--A covered employee shall
provide notice regarding an intent to use paid annual
leave under paragraph (1) on a day that is--
(i) before the day on which the covered
employee intends to use the paid annual leave;
and
(ii) not more than 14 days before the day
on which the covered employee intends to use
the paid annual leave.
(D) Emergency or unforeseeable use of leave.--
Notwithstanding subparagraph (C), an employer shall
waive any notice requirement and allow the use of paid
annual leave earned under subsection (a)(1) in the case
of an emergency or a situation in which a covered
employee can not provide timely notice to an employer
for the use the paid annual leave.
(3) Reasonable restrictions.--
(A) In general.--Notwithstanding paragraph (1), an
employer may--
(i) place limited, reasonable restrictions
regarding the scheduling of paid annual leave
earned under subsection (a)(1) for a bona fide
business reason; and
(ii) reject a scheduling request under
paragraph (1) for such leave for a bona fide
business reason.
(B) Limitation on rejection.--
(i) In general.--An employer may not reject
a request by a covered employee under
subparagraph (A)(ii) unless the employer--
(I) provides other reasonable
alternative times, as described in
clause (ii), for the covered employee
to schedule such leave; and
(II) complies with the notice
requirement described in clause (iii).
(ii) Reasonable alternatives.--
(I) In general.--A reasonable
alternative time described in this
clause is a date other than a date a
covered employee requests to use paid
annual leave that is within 30 days
before or after the date requested by
the covered employee.
(II) Expiration of paid leave.--An
employer may not offer a reasonable
alternative time described in this
clause to prevent the use of paid
annual leave that is set to expire.
(iii) Denial notice.--In any case in which
an employer rejects a request of a covered
employee to use paid annual leave under
subparagraph (A)(ii), the employer shall, not
later than 5 business days after the day the
covered employee made such request, provide to
the covered employee a written notice--
(I) detailing the bona fide
business reason for such denial; and
(II) that provides the reasonable
alternative time described in clause
(ii).
(4) Purpose of use of paid annual leave.--An employer may
not require a covered employee to disclose the purpose or
reason for which the covered employee is using paid annual
leave under subsection (a)(1).
(5) Prohibition on finding cover.--An employer may not
require, as a condition of using paid annual leave earned under
subsection (a)(1), that a covered employee search for or find a
replacement to cover the hours during which the covered
employee is using such paid annual leave.
(6) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide guidance to
employers on compliance with paragraph (3), including by
defining the terms ``limited, reasonable restriction'' and
``bona fide business reason''.
(d) Procedures Regarding Leave for Employee Separation.--
(1) Compensation.--In any case in which the employment of a
covered employee is terminated and such covered employee has
unused paid annual leave earned under subsection (a)(1)
(including any leave carried over under subsection (b)(5)), the
employer of the covered employee shall provide financial
compensation, at the applicable rate described in subsection
(b)(3), to such covered employee for all such paid annual leave
earned by the covered employee that is unused as of the date of
the termination.
(2) Reinstatement.--If the employment of a covered employee
with an employer is terminated and the covered employee is
subsequently rehired by the employer within 12 months after
that termination--
(A) in a case in which the covered employee had
paid annual leave (other than paid annual leave earned
under subsection (a)(1) and compensated for under
paragraph (1)) that was not compensated for by the
employer at the applicable rate described under
subsection (b)(3) (as if such paid annual leave was
paid annual leave earned under subsection (a)(1)), the
employer shall reinstate such paid annual leave to the
covered employee; and
(B) the covered employee shall be entitled to use
such leave and earn additional paid annual leave under
subsection (a)(1) at the recommencement of employment
with the employer.
SEC. 4. EMPLOYER NOTICE AND SYSTEM REQUIREMENTS.
(a) Employer Notice Requirement.--An employer shall notify each
covered employee of the employer about the paid annual leave policy of
such employer, which shall include the information described in
subsection (b), by--
(1) providing such information, in writing, to each covered
employee on or before the first day of employment of such
covered employee;
(2) including such information in any employee handbook;
and
(3) posting a notice containing such information in a
physical conspicuous place on the premises of the employer or a
virtual conspicuous place, where notices to employees are
customarily posted.
(b) Contents.--The information provided pursuant to subsection (a)
shall include--
(1) the paid annual leave policy of such employer,
including any paid annual leave policy that provides paid
annual leave in excess of the requirements of this Act;
(2) information--
(A) pertaining to the filing of an action under
section 6;
(B) regarding the protections that a covered
employee has in exercising rights under this Act; and
(C) on how the covered employee can contact the
Secretary (or other appropriate authority as described
in section 6) if any such rights are violated; and
(3) details of any notice requirement the employer may
require, as described in section 3(c)(2).
(c) System Requirement.--Each employer shall establish a system,
such as through an online portal, written request, or through pay
stubs, to inform each covered employee of the employer how much paid
annual leave each covered employee has earned.
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall provide guidance to employers on
compliance with this section, including regarding sample notices and
systems.
SEC. 5. PROHIBITED ACTS.
(a) Interference With 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--
(1) violating any provision of section 3 or 4;
(2) 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;
(3) using the taking of paid annual leave provided under
this Act as a negative factor in an employment action, such as
hiring, promotion, reducing hours or numbers of shifts, or a
disciplinary action; or
(4) counting the use of such paid annual leave under a no-
fault attendance policy or any other absence-control policy.
(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 under section 6, or has instituted
or caused to be instituted any proceeding, under this Act;
(2) has given, or intends to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act; or
(3) has testified, or intends to testify, in any inquiry or
proceeding relating to any right provided under this Act.
(c) Impermissible Consideration.--A violation of subsection (a) or
(b) shall be established when a complaining party demonstrates that the
complaining party exercising any right provided under this Act was a
motivating factor in any action described in subsection (a) or (b)
against the complaining party, even if other factors also motivated the
action.
SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means a covered employee
described in subparagraph (A) or (B) of section 2(2);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
2(3)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with 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 by an employer.
(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 may 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 (4).
(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).
(3) Private right of action.--
(A) In general.--An action to recover damages or
equitable relief prescribed in subparagraph (B) may be
maintained against any employer in any Federal or State
court of competent jurisdiction by an employee or
individual or a representative for and on behalf of--
(i) the employee or individual; or
(ii) the employee or individual 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 80 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 to
be paid by the defendant.
(D) Limitations.--
(i) In general.--Except as provided in
clause (ii), an action may be brought under
this paragraph or paragraph (4) not later than
2 years after the date of the last event
constituting the alleged violation for which
the action is brought.
(ii) Willful violation.--In the case of
such 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 not later than 3
years after the last event constituting the
alleged violation for which such action is
brought.
(iii) Commencement.--In determining when an
action is commenced under this paragraph or
paragraph (4) for the purposes of this
subparagraph, the action shall be considered to
be commenced on the date when the complaint is
filed.
(4) Actions by the secretary.--
(A) Administrative actions.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 5 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 and equitable relief described in
paragraph (3)(B).
(C) Sums recovered.--
(i) In general.--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.
(ii) Unpaid recovered sums.--
(I) In general.--Any such sums not
paid to an employee or individual
affected because of the inability to do
so within a period of 3 years after
such recovery shall be deposited into
the fund established under subclause
(II).
(II) Establishment.--There is
established in the Treasury of the
United States a fund for amounts
deposited under subclause (I).
(III) Deposits.--Any sums deposited
under subclause (I)--
(aa) shall be deposited in
the fund established under
subclause (II)--
(AA)
notwithstanding section
3302 of title 31,
United States Code; and
(BB) as offsetting
collections; and
(bb) may be used by the
Secretary for enforcement
activities, including related
to this Act or the Fair Labor
Standards Act of 1938.
(D) 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--
(i) to restrain violations of section 5
(including a violation relating to rights
provided under section 3), including the
restraint of any withholding 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
(ii) to award such other equitable relief
as may be appropriate, including employment,
reinstatement, and promotion.
(E) Solicitor of labor.--The Solicitor of Labor may
appear for and represent the Secretary on any
litigation brought under this paragraph.
(5) Government accountability office and library of
congress.--Notwithstanding any other provision of this section,
in the case of the Government Accountability Office and the
Library of Congress, the authority of the Secretary under this
subsection shall be exercised respectively by the Comptroller
General of the United States and the Librarian of Congress.
(b) 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 2(2)(C).
(c) 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 2(2)(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 2(2)(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)(3), 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) Program or activity defined.--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).
(f) Collective Bargaining Agreement Resolution.--In addition to the
enforcement mechanisms under this section, an employee or labor
organization may also use a grievance and arbitration procedure of a
collective bargaining agreement to enforce collectively bargained
provisions relating to paid annual leave.
SEC. 7. EFFECT ON OTHER LAWS AND EXISTING EMPLOYMENT AGREEMENTS.
(a) State or Local Laws.--
(1) Greater leave rights.--Nothing in this Act shall be
construed to supersede any provision of any State or local law
that provides greater paid annual leave or other leave rights
to covered employees or individuals than the rights established
under this Act.
(2) Distinguish between types of leave.--For the purposes
of this subsection, a State or local law that does not
distinguish between time earned for paid annual leave and time
earned for sick leave shall be deemed a law that provides
lesser paid annual leave or other rights to covered employees
or individuals than the rights established under this Act.
(b) More Protective Agreements.--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 annual leave or other leave
rights to covered employees or individuals than the rights established
under this Act.
(c) Less Protective Agreements.--The rights established for covered
employes under this Act shall not be diminished by any contract,
collective bargaining agreement, or any employment program or plan.
SEC. 8. AWARENESS CAMPAIGN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall carry out a public awareness campaign
to inform the public about the earned paid annual leave entitlement
established under this Act, which shall include information about--
(1) the rights provided to a covered employee under this
Act; and
(2) resources available to a covered employee if the
employee believes the rights provided under this Act have been
violated.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 9. EFFECTIVE DATES.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect 180 days after the date of enactment of this Act.
(b) Collective Bargaining Agreements.--In the case of an applicable
collective bargaining agreement in effect on the effective date
prescribed under subsection (a), the Act shall take effect on the
earlier of--
(1) the date of the termination of such agreement;
(2) the date of any amendment, made on or after such
effective date, to such agreement; or
(3) the date that occurs 18 months after such effective
date.
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