Sec. 2. Definitions
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In this Act: The term eligible employee means an employee who— has been employed for not less than 1 year by the employer providing the paid vacation time under section 3; and through such employment, has provided not less than 1,250 hours of service to such employer during the previous year. The term employee means an individual who is— 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 an employee of the Government Accountability Office; a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); 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; a covered employee, as defined in section 411(c) of title 3, United States Code; or 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 employs not less than 15 employees at any time during a calender year and is— a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; an employing office, as defined in section 411(c) of title 3, United States Code; or an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and is 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 — means any person engaged in commerce or in any industry or activity affecting commerce; includes— any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and any successor in interest of an employer; 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 includes the Government Accountability Office and the Library of Congress. 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 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. The term Secretary means the Secretary of Labor.
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- 42 USC 2000e–16c(a)
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