; and (B) in the case of a workflex option consisting of a biweekly work program or a compressed work schedule program, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to such workflex option solely with respect to those employees who enroll in such workflex option. (2) For purposes of paragraph (1)(B), a State overtime law shall be considered to relate to any workflex option consisting of a biweekly work program or a compressed work schedule program. (g) Subsection (d) shall not be construed to permit the application of any State law otherwise permitted under section 401(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2651(b) ) that would impose requirements relating to a qualified flexible workplace arrangement plan. . 4. Requirements of qualified flexible workplace arrangement plan Subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq.) is amended by adding at the end the following: 8 Qualified flexible workplace arrangement plans 801. Definition of qualified flexible workplace arrangement plan (a) In general A qualified flexible workplace arrangement plan is a plan that— (1) subject to the requirements of this title, an employer administers in accordance with a written plan document, in accordance with section 402(a)(1), which shall— (A) establish the requirements of the plan (which shall include requirements with respect to accrual of compensable leave, request and use of such leave, withdrawal from or termination of such a plan, determination of an employee’s service, and workflex options); and (B) as appropriate, incorporate the rights of employees to compensable leave and workflex options pursuant to one or more collective bargaining agreements between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; and (2) provides— (A) compensable leave in accordance with section 802