Veterans Day Off Act - Entitles veterans who have been employed by an employer for at least 12 months, except those employed by a public agency, to leave from such employer on Veterans Day upon request if such veteran would otherwise be required to work on Veterans Day. Authorizes employers who employ 50 or more employees to deny leave if providing leave to veterans would negatively impact public health or safety or cause the employer significant economic or operational disruption.
Authorizes leave granted to consist of unpaid leave. Authorizes an employee to elect, or an employer to require the employee, to substitute accrued paid vacation leave or personal leave for leave provided under this Act.
Prohibits: (1) such employers from interfering with, restraining, or denying the taking of any leave provided under this Act; (2) such employers from discharging or discriminating against individuals for opposing practices made unlawful by this Act; and (3) any person from discharging or discriminating against individuals for filing any charge or instituting any proceeding under this Act, giving any information in connection with inquiries or proceedings relating to such leave, or testifying in inquiries or proceedings related to such leave.
Gives the Secretary of Labor 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 the Family and Medical Leave Act of 1993.
Requires such employers to post in conspicuous places on their premises a notice with information pertaining to the filing of a charge under this Act.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
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