; (2) to require an employer to adopt or maintain a qualified flexible workplace arrangement plan; or (3) in the case of an employer that has not adopted or is not maintaining such a plan, to require the employer to comply with any requirement under this part with respect to such a plan. 802. Compensable leave requirements (a) Amount of compensable leave (1) In general The minimum amount of compensable leave that shall be provided to an employee for each plan year under a qualified flexible workplace arrangement plan shall depend upon the size of the employer and an employee’s years of service with the employer, and shall be not fewer than the minimum number of days as follows: Number of employees employed by an employer Minimum number of compensable days of leave per plan year Employees with 5 or more years of service with the employer as of the beginning of the plan year: Employees with fewer than 5 years of service with the employer as of the beginning of the plan year: 1000 or more 20 days 16 days 250 to 999 18 days 14 days 50 to 249 15 days 13 days less than 50 14 days 12 days. (2) Minimum requirements (A) In general An employer that provides an unlimited number of compensable leave days per year to employees under a qualified flexible workplace arrangement plan shall be deemed to satisfy the amount of compensable leave required under paragraph (1), and nothing in this section shall prohibit a qualified flexible workplace arrangement plan from providing more than such minimum amount of compensable leave. (B) Treatment of holidays An employer that provides paid time off to employees for holidays recognized under Federal or State law may include up to 6 such paid holidays towards satisfying the amount of compensable leave required under paragraph (1). (3) Accrual Permitted A qualified flexible workplace arrangement plan of an employer shall— (A) provide all the compensable days of leave available to an employee for the plan year at the beginning of the plan year