H.R. 8158 — Reproductive Healthcare Leave Act

This section states the purposes of the Act, which include allowing individuals in the United States to receive paid leave for absences resulting from physical or mental conditions, symptoms related to reproductive health, or obtaining care related to reproductive health.

This section requires employers to grant each employee 96 hours of paid leave time on the first workday of each calendar year for reproductive health needs (i.e., medical or surgical procedures related to conditions such as menstruation, endometriosis, dysmenorrhea, adenomyosis, polycystic ovary syndrome, menopause, or perimenopause; or for medical care, procedures, or preventive screenings including fertility treatments, pregnancy terminations, hysterectomies, or vasectomies). The leave does not carry over to the next year or require payout upon employee separation; employers with existing policies providing equivalent leave for these purposes and conditions are exempt from additional grants; and employers may not condition use on finding a replacement worker. Employees must request leave orally or in writing with the expected duration as soon as practicable after becoming aware of the need.

This section requires employers to notify employees of their rights under the Act—including available paid leave, procedures for filing actions, protections for exercising rights, and contact information for the Secretary—via individual notices, employee handbooks, and posted notices in conspicuous locations where employee notices are customarily placed. Willful violations of these notice requirements are subject to civil fines of up to $100 per day.

This section prohibits employers from interfering with, restraining, or denying the exercise of or attempt to exercise any right under the Act, including (1) discharging, discriminating, or retaliating against any individual, including a job applicant, for exercising such a right; (2) using paid leave under the Act as a negative factor in employment actions such as hiring, promotion, reducing hours or shifts, or discipline; or (3) counting such paid leave under a no-fault attendance policy or other absence control policy. It further prohibits employers from discharging, discriminating, or retaliating against any individual, including a job applicant, for opposing any practice made unlawful by the Act, and prohibits any person from discharging, discriminating, or retaliating against any individual, including a job applicant, for filing an action or participating in any inquiry or proceeding related to rights under the Act. This section states that its prohibitions do not alter or limit the scope of prohibitions under 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.).

This section establishes enforcement authority for violations of the Act (including rights under section 3), modeled on the Fair Labor Standards Act of 1938. It (1) grants the Secretary of Labor investigative powers, including subpoenas, recordkeeping requirements, and complaint investigations (with record submissions generally limited to once per 12 months absent reasonable cause); (2) authorizes civil actions by affected employees or individuals for damages (lost wages/benefits or up to 24 hours' wages/salary, interest, and liquidated damages), equitable relief, and attorney/expert fees; (3) permits the Secretary to bring civil actions or seek injunctions, with recovered sums paid directly to affected employees (excess deposited to Treasury after three years); (4) sets limitations periods of two years after the last violation (three years for willful violations); and (5) directs the Solicitor of Labor to represent the Secretary and the Comptroller General to exercise authority for Government Accountability Office employees.

This section authorizes appropriations to the Secretary of Labor, in such amounts as necessary, for a public awareness campaign to educate the public on the paid leave requirements of the Act.

This section provides that nothing in the Act modifies or affects federal or state antidiscrimination laws prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, or disability. It further states that nothing in the Act supersedes (including preempts) any federal, state, or local law providing greater paid or unpaid family or medical leave rights than those established under the Act.

This section provides that nothing in the Act diminishes employer obligations under any contract, collective bargaining agreement, or employment benefit program or plan that provides greater paid leave or other leave rights than those established under the Act. The section further provides that such contracts, agreements, or programs may not diminish the rights established under the Act.

This section requires the Secretary (presumably of Labor) to prescribe, not later than 180 days after enactment, regulations necessary to implement the Act for employees specified in section 12(3)(A)-(B) and individuals affected by employers in section 12(4)(A)(i)(I)-(II), and directs the Comptroller General to do so for Government Accountability Office and Library of Congress employees. Not later than 90 days after the Secretary prescribes regulations, it further requires: (1) the Board of Directors of the Office of Compliance to prescribe, in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), substantially identical regulations—with modifications allowed only for good cause—for congressional employees specified in section 12(3)(C) and affected individuals; (2) the President (or designee) to prescribe substantially identical regulations—with modifications allowed only for good cause—for Executive Schedule employees under 3 U.S.C. ch. 5 specified in section 12(3)(D); and (3) the Director of the Office of Personnel Management to prescribe substantially identical regulations—with modifications allowed only for good cause—for employees under 5 U.S.C. ch. 63 specified in section 12(3)(E).

This section defines seven terms for purposes of the Act: (1) "employee," meaning (a) an employee under the Fair Labor Standards Act of 1938 (FLSA, 29 U.S.C. 203(e)) excluding certain federal employees, (b) a Government Accountability Office (GAO) employee, (c) a covered employee under the Congressional Accountability Act of 1995 (CAA, 2 U.S.C. 1301)—such as staff of the House, Senate, Capitol Police, Congressional Budget Office, Architect of the Capitol, and other listed entities (excluding applicants for employment)—(d) a covered employee under 3 U.S.C. §411(c) (e.g., certain Executive Schedule personnel, excluding applicants), or (e) a federal officer or employee under 5 U.S.C. ch. 63 subch. V; (2) "employer," meaning a covered employer (generally a person engaged in commerce employing 5 or more employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year, including public agencies, successors, and GAO), an entity employing certain state employees under the Government Employee Rights Act of 1991, a CAA employing office (e.g., a Member's personal office or congressional committee), an employing office under 3 U.S.C. §411(c), or a federal employing agency under 5 U.S.C. ch. 63 subch. V, if engaged in commerce; (3) "employment benefits," meaning all benefits provided to employees (e.g., health insurance, sick leave, pensions); (4) "paid leave time," meaning compensated leave increments usable for reasons described in section 3(b); (5) "Secretary," meaning the Secretary of Labor; (6) "spouse," as defined by the relevant state's marriage laws; and (7) "State," as defined in FLSA section 3 (29 U.S.C. 203). (Thus, the Act's paid leave requirements apply to congressional staff and offices via CAA cross-references, in addition to private sector, GAO, specified state, executive, and federal personnel.)

This section establishes the effective date of the Act—excluding section 11—as 6 months after the issuance of regulations under section 11(a)(1). For any collective bargaining agreement in effect on that date, the Act takes effect on the earlier of (1) the agreement's termination date or (2) 18 months after such regulations are issued.