HR6818-119

What This Bill Does

The Part-Time Worker Bill of Rights Act broadens access to family and medical leave and creates new protections against part-time status discrimination. Title I replaces FMLA and related federal employment thresholds based on 12 months and 1,250 hours with 90 days of employment, including amendments for congressional, presidential, and federal employees. Title II defines covered employees and employers, bars discrimination because an employee works fewer hours or has a shorter expected duration when jobs are substantially equal, and covers pay, scheduling input, benefit accrual, promotion opportunities, and other terms or conditions. It requires employers to obtain written statements of desired weekly hours and availability, offer available hours to existing employees before external hiring or contractors subject to exceptions, and keep compliance records. Enforcement uses Department of Labor investigative authority, subpoenas, employee access to records, and remedies.

Who Benefits and How

Part-time workers benefit from earlier FMLA eligibility, protection against unequal pay or benefits due to fewer scheduled hours, and first access to available work hours. Workers seeking more hours benefit from written availability records and offers before outside hiring. Federal, congressional, state, and private-sector workers benefit from broader coverage across employment systems. Labor advocates benefit from stronger enforcement tools and record access.

Who Bears the Burden and How

Covered employers must revise leave eligibility systems, collect desired-hours statements, offer work to existing employees before external hiring when required, maintain records for at least three years or longer during claims, and respond to investigations. Department of Labor staff and the Office of Congressional Workplace Rights must issue regulations and enforce the title. Employers may face higher labor costs, reduced scheduling flexibility, and litigation exposure.

Key Provisions

• Expands FMLA eligibility by replacing hours-of-service and 12-month thresholds with 90 days of employment.
• Prohibits discrimination against employees based on fewer scheduled hours or shorter expected duration for substantially equal jobs.
• Requires employers to collect desired-hours statements and offer available work to existing employees before outside hiring in covered circumstances.
• Requires recordkeeping, employee access to records, investigation authority, subpoenas, and enforcement remedies.
• Directs Labor Department and congressional workplace regulators to issue implementing regulations.