1. Short title This Act may be cited as the Protected Time Off Act or the PTO Act . 2. Definitions In this Act: (1) Commerce The terms commerce and industry or activity affecting commerce means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(1) and (3)). (2) Employee The term employee means an individual who is— (A) (i) an employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) who is not covered under any other provision of this paragraph, including an employee of the Library of Congress, except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph (3)(A)(i)(I); (ii) an employee of the Government Accountability Office; or (iii) an employee of a covered employer described in paragraph (3)(B)(i)(IV); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)), other than an applicant for employment; (C) a tipped employee, as defined in section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ), who is not covered under any other provision of this paragraph; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; or (F) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). (3) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer who is not described in any other subclause of this clause