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Just the Facts

Just The Facts: The Working Families Flexibility Act Empowers Workers with More Options

Right now the House Education and the Workforce Committee is considering the Working Families Flexibility Act of 2013 (H.R. 1406), a commonsense proposal that will help more Americans balance family and work.

Opponents of H.R. 1406 claim the proposal is unnecessary because current law already allows for workplace flexibility. However, a quick look at the facts helps set the record straight:

FACT: Under the Fair Labor Standards Act of 1938, private-sector employees are allowed only limited workplace flexibility.

FACT: Private-sector workers may only use paid time off during the same pay period in which it is accrued. Paid time off cannot be saved by the employee for future use outside the pay period. For example, a private-sector employee cannot work overtime hours in April in hopes of saving up paid time off for a family vacation in August.

FACT: Meanwhile, the law allows a public-sector employee to accrue comp time to be used at the employee’s discretion with approval from the employer.

FACT: The Working Families Flexibility Act provides private-sector employees with comp time benefits similar to those of public employees.

To learn more about the Working Families Flexibility Act of 2013, visit

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