text: 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).
target: Guaranteed Paid Vacation Act This bill amends the Fair Labor Standards Act to require specified employers (including certain federal and state employers) who employ at least 15 employees at any time during a calendar year to provide each eligible employee at least 10 days of paid vacation time during each 12-month period, to be used on consecutive or nonconsecutive days. An employee is eligible for paid vacation time only if he or she has been employed by the employer for at least one year and has worked at least 1,250 hours for that employer during the previous year. The employee must give the employer at least 15 days' prior notice of his or her intent to take paid vacation, including the dates it will begin and end. The Department of Labor shall 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 the Act.
feat_title: Guaranteed Paid Vacation Act