The Part-Time Worker Bill of Rights Act expands FMLA eligibility to part-time employees and establishes protections against scheduling discrimination, ensuring fair access to benefits and work hours.
Janice "Jan" Schakowsky
Representative
IL-9
The Part-Time Worker Bill of Rights Act aims to strengthen protections and expand benefits for part-time and temporary employees. The legislation eliminates restrictive hours-of-service requirements for FMLA leave and prohibits discrimination based on hours worked regarding pay, benefits, and promotion opportunities. Additionally, it mandates that employers offer available work hours to existing staff before hiring new employees or contractors.
Part-Time Worker Bill of Rights: New 90-Day FMLA Rule and Mandatory Shift Priority for Existing Staff
If you’ve ever worked a part-time gig, you know the drill: you’re often the first to get your hours cut and the last to get any benefits. The Part-Time Worker Bill of Rights Act aims to flip that script by making it illegal to treat part-timers like second-class citizens. The biggest immediate change hits the Family and Medical Leave Act (FMLA). Currently, you usually have to clock 1,250 hours over a year to qualify for unpaid, job-protected leave. This bill scraps that math entirely. If you’ve been on the job for at least 90 days, you’re in. Whether you’re working 15 hours a week or 40, if a family emergency hits after three months, your job will be waiting for you (Section 101).
Equal Pay for Equal Work
Beyond leave, the bill tackles the 'part-time penalty' in paychecks. Section 202 prohibits employers from paying part-time or temporary workers a lower hourly rate than full-time staff if they’re doing the same job with similar responsibilities. It’s not just about the base pay, either; it covers notice of work hours and the ability to accrue paid time off on a pro rata basis. For example, if a full-time retail lead earns three weeks of PTO, a part-timer doing the same work would be entitled to a proportional amount based on their hours. There are exceptions for merit-based raises or seniority, but 'just because you’re part-time' is no longer a valid excuse for a lower rate.
First Dibs on Extra Shifts
One of the most practical changes for anyone trying to pick up extra cash is the new 'Offer of Work' requirement (Section 203). Employers with more than 15 workers must now get a written statement from you detailing how many hours you want and when you’re available. Before the boss can hire a new person or call a temp agency to cover a shift, they have to offer those hours to you first—provided you’re qualified and the shift doesn't push you into overtime. If they skip over you and hire someone else for hours you said you wanted, they actually have to pay you for those missed hours. It’s a massive shift in power that rewards current employees who want more stability.
Accountability and the Fine Print
To make sure this isn't just a 'suggestion,' the bill gives the Secretary of Labor some teeth. Employers have to keep records of these work offers and employee availability for three years (Section 205). If an employer retaliates against you for asking for your hours or filing a complaint, they could face civil penalties ranging from $1,100 to $5,000 per violation. While this is a win for workers, mid-sized businesses—especially those in hospitality or construction that rely on quick, seasonal hiring—will have a lot more paperwork to manage. They’ll need to prove they checked with every existing part-timer before bringing in outside help, or risk paying double wages for a single shift.