This bill — the Workflex in the 21st Century Act — would establish a voluntary workflex option that'd exempt employers who provide flexible workplace arrangement plans that combine paid leave and flexible work options from certain state and local employee benefit laws. It’d require that such “workflex” plans provide full- and part-time employees with a minimum amount of paid leave ranging between 12-20 days annually depending on the size of the employer and the employee’s tenure. Further, it’d require that paid leave be paired with flexible work options such as telework or flexible scheduling, a complete list of which can be found below.
Workflex plans would have to provide employees with at least one of the following options:
A biweekly work program;
A compressed work schedule;
A telework program;
A job sharing program;
Employees wouldn’t be required to adopt a flexible work schedule to receive paid leave. All employees would receive paid leave even if they don’t adopt a flexible work schedule.
Employers who don’t comply with the terms of the bill would have to comply state & local benefits laws, and could face penalties under the Employee Retirement Income Security Act for non-compliance.