Reproductive Healthcare Leave Act

This Act may be cited as the Reproductive Healthcare Leave Act.

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.

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).

Paid leave time granted under this section shall not carry over from 1 calendar year to the next.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.).

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.

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.

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).

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).

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.

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.

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.

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).

The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(B)(i).

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.

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.

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.

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.

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.

The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (3) or (5).

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.

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).

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).

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).

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).

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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).

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.

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).

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.

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).

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.

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).

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.

In this Act:

The term employee means an individual who is—

(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.

The term employer means a person who is—

(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).

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.

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.

For purposes of this subparagraph:

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)).

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)).

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)).

Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.

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)).

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).

The term Secretary means the Secretary of Labor.

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.

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).

This Act, other than section 11, shall take effect 6 months after the date of issuance of regulations under section 11(a)(1).

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).