[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3513 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3513
To provide Americans with paid sick time and paid leave so that they
can address their own health needs and the health needs of their
families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 2020
Mrs. Murray (for herself, Mrs. Gillibrand, Mr. Schumer, Mr. Durbin, Mr.
Brown, Mr. Wyden, Ms. Warren, Mr. Sanders, Ms. Harris, Ms. Duckworth,
Mr. Blumenthal, Mr. Whitehouse, Mr. Van Hollen, Ms. Hirono, and Mr.
Casey) introduced the following bill; which was read twice and referred
to the Committee on Finance
_______________________________________________________________________
A BILL
To provide Americans with paid sick time and paid leave so that they
can address their own health needs and the health needs of their
families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Americans Insured Days of
Leave Act of 2020''.
TITLE I--DISPLACEMENT OF THE LEAVE PROVISIONS OF THE FAMILIES FIRST
CORONAVIRUS RESPONSE ACT
SEC. 101. REPEALS OF PORTIONS OF THE FAMILIES FIRST CORONAVIRUS
RESPONSE ACT.
(a) After Enactment.--If this Act is enacted after the Families
First Coronavirus Response Act is enacted, divisions C, E, and G of
that Act are repealed, and all amendments made by those divisions shall
be considered to have no force and effect.
(b) Before Enactment.--If this Act is enacted before the Families
First Coronavirus Response Act is enacted, effective 1 day after the
date of enactment of that Act, divisions C, E, and G of that Act are
repealed, and all amendments made by those divisions shall be
considered to have no force and effect.
TITLE II--IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND
PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES
SEC. 201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND
PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES.
(a) In General.--
(1) Reimbursement.--An employer of a covered individual who
uses paid sick time or emergency paid leave under title III
during a public health emergency shall be reimbursed by the
Secretary of the Treasury out of the Treasury of the United
States for the wages paid to the covered individual for the
period during which the covered individual used the paid sick
time or emergency paid leave.
(2) Process.--
(A) Information.--To be eligible to receive such
reimbursement, the employer shall submit to the
Secretary of Labor an affidavit that attests that the
employer provided such paid sick time or emergency paid
leave, and related records showing the period of and
wages associated with the paid sick time or emergency
paid leave.
(B) Determination.--The Secretary shall review the
information in the affidavit and records and come to a
determination regarding the validity of such
information within 5 business days after receipt. If
the Secretary does not make a determination within the
5-business-day period, on the sixth business day after
receipt of such information the Secretary shall be
deemed to have determined the information to be valid.
(C) Reimbursement.--Upon the Secretary's
determination that the information is valid and that
the employer provided an amount of such paid sick time
or emergency paid leave to a covered individual, the
Secretary shall transmit the determination, affidavit,
and records to the Secretary of the Treasury, and the
Secretary of the Treasury shall provide timely
reimbursement out of the Treasury of the United States.
The Secretary of the Treasury shall provide that
reimbursement not later than 2 business days after
receipt of the determination from the Secretary of
Labor.
(b) Fraud.--The Secretary of Labor and the Secretary of the
Treasury shall both have authority to investigate fraud under this
section and to seek recovery of fraudulently obtained funds and related
penalties in any court of competent jurisdiction.
(c) Application.--
(1) In general.--Except as provided for in paragraph (2),
this section shall apply to all paid sick time and emergency
paid leave provided by employers under title III during
calendar year 2020 and calendar year 2021.
(2) Future application to additional paid sick time.--This
section shall apply to all additional paid sick time provided
by employers under title III during any calendar year.
TITLE III--PAID SICK DAYS AND PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES
SEC. 301. DEFINITIONS.
In title II and this title:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a child of a domestic partner, a
legal ward, or a child of a person standing in loco parentis.
(2) Covered individual.--The term ``covered individual''
means an individual who is--
(A) an employee; or
(B) an individual performing any services or labor
for remuneration for an employer, regardless of whether
the individual is classified as an independent
contractor by the employer.
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
2 individuals, each at least 18 years of age, in which
each individual is the other individual's sole domestic
partner and both individuals share responsibility for a
significant measure of each other's common welfare. The
term includes any such relationship between 2
individuals, including individuals of the same sex,
that is granted legal recognition by a State or
political subdivision of a State as a marriage or
analogous relationship, including a civil union or
domestic partnership.
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located. Such term also includes dating
violence, as that term is defined in such section.
(5) 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 subparagraph (E),
except that a reference in such section to an employer
shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph
(6)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a));
(C) 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;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code, or any other individual occupying a position in
the civil service (as that term is defined in section
2102(1) of title 5, United States Code).
(6) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under
subclause (V);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs one or
more employees;
(II) includes--
(aa) any person who acts
directly or indirectly in the
interest of (within the meaning
of section 3(d) of the Fair
Labor Standards Act of 1938 (29
U.S.C. 203(d))) an employer in
relation to any of the
employees of such employer; and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office.
(ii) Public agency.--For purposes of
subclause (III) or (IV) of clause (i), a public
agency shall be considered to be a person
engaged in commerce or in an industry or
activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' mean 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)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(7) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to covered
individuals by an employer, including group life insurance,
health insurance, disability insurance, sick leave, annual
leave, educational benefits, and pensions, regardless of
whether such benefits are provided by a practice or written
policy of an employer or through an ``employee benefit plan'',
as defined in section 3(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(3)).
(8) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(9) Health care provider.--The term ``health care
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the
Secretary to be capable of providing health care
services; and
(B) is not employed by an employer for whom the
provider issues certification under this title.
(10) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) can be--
(i) earned by a covered individual for use
during an absence from employment or work for a
reason described in any paragraph of section
302(b); or
(ii) provided by an employer during a
public health emergency for use during an
absence from employment or work for a reason
described in any paragraph of section 302(b);
and
(B) is compensated at a rate that is not less than
the greatest of--
(i) the covered individual's regular rate
of pay;
(ii) the minimum wage rate provided for in
section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)); or
(iii) the minimum wage rate provided for in
the applicable State or local law for the State
or locality in which the covered individual is
employed or works.
(11) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of a covered individual, a
stepparent of a covered individual, a parent-in-law of a
covered individual, a parent of a domestic partner of a covered
individual, or a legal guardian or other person who stood in
loco parentis to a covered individual when the covered
individual was a child.
(12) Public health emergency.--The term ``public health
emergency'' means--
(A) a public health emergency--
(i) declared by the Secretary of Health and
Human Services for a jurisdiction, or by a
State or local public health official with
authority to declare such an emergency for the
State or jurisdiction within the State; and
(ii) due to a public health condition that
is--
(I) emergent and acute; and
(II) not a longstanding, chronic
public health condition; and
(B) an emergency with respect to coronavirus, as
defined in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020
(Public Law 116-123), declared by a Federal, State, or
local public official.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(14) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(15) Spouse.--The term ``spouse'', with respect to a
covered individual, has the meaning given such term by the
marriage laws of the State in which the marriage was
celebrated.
(16) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(17) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(18) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
(19) Work.--The term ``work'' means to be employed or to be
engaged in providing labor or services for an employer.
SEC. 302. PAID SICK TIME AND EMERGENCY PAID LEAVE.
(a) Earning of Paid Sick Time.--
(1) In general.--
(A) Earning.--Subject to subsection (c) and
paragraph (2), an employer shall provide each covered
individual employed by or working for the employer not
less than 1 hour of earned paid sick time for every 30
hours worked, to be used as described in subsection
(b).
(B) Limit.--An employer shall not be required to
permit a covered individual to earn, under this
subsection, more than 56 hours of paid sick time in a
year, unless the employer chooses to set a higher
limit.
(2) Exempt employees.--
(A) In general.--Except as provided in paragraph
(3), for purposes of this subsection, an employee who
is exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be assumed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid sick time under this
subsection based upon that normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
(A) In general.--Covered individuals shall begin to
earn paid sick time under this subsection at the
commencement of their employment or work. A covered
individual shall be entitled to use the earned paid
sick time beginning on the 60th calendar day following
commencement of the covered individual's employment or
work. After that 60th calendar day, the covered
individual may use the paid sick time as the time is
earned. An employer may, at the discretion of the
employer, loan paid sick time to a covered individual
for use by such covered individual in advance of the
covered individual earning such sick time as provided
in this subsection and may permit use before the 60th
day of employment or work.
(B) Public health emergency.--Subparagraph (A)
shall not apply with respect to additional paid sick
time provided under subsection (c). In the event of a
public health emergency, a covered individual may
immediately use the accrued or additional paid sick
time described in subsection (c), regardless of how
long the covered individual has been employed by or
working for an employer.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this subsection shall
carry over from 1 year to the next.
(B) Construction.--This subsection shall not be
construed to require an employer to permit a covered
individual to earn more than 56 hours of earned paid
sick time at a given time.
(5) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this subsection
and that may be used for the same purposes and under the same
conditions as the purposes and conditions outlined in
subsection (b) shall not be required to permit a covered
individual to earn more paid sick time under this subsection.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to a
covered individual from an employer upon the covered
individual's termination, resignation, retirement, or other
separation from employment or work for paid sick time that has
not been used.
(7) Reinstatement.--If a covered individual is separated
from employment or work with an employer and is rehired or
reengaged for work, within 12 months after that separation, by
the same employer, the employer shall reinstate the covered
individual's previously earned paid sick time under this
subsection. The covered individual shall be entitled to use the
earned paid sick time and earn more paid sick time at the
recommencement of employment or work with the employer.
(8) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this title, that
the covered individual involved search for or find a
replacement covered individual to cover the hours during which
the covered individual is using paid sick time.
(9) Scheduling.--A covered individual shall make a
reasonable effort to schedule a period of accrued paid sick
time under this subsection in a manner that does not unduly
disrupt the operations of the employer.
(b) Uses.--Paid sick time or emergency paid leave under this
section may be used by a covered individual for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the covered individual.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
covered individual.
(3) An absence resulting from the closure of a covered
individual's place of employment or work by order of a Federal
or State public official with jurisdiction, or at the
employer's discretion, due to a public health emergency.
(4) An absence because a Federal or State public official
with jurisdiction or a health care provider has determined, or
the covered individual has independently determined, that the
covered individual's presence in the community may jeopardize
the health of others because of the covered individual's
exposure to a communicable disease during a public health
emergency or the exhibition of symptoms of a communicable
disease during a public health emergency, regardless of whether
the covered individual has actually contracted the communicable
disease.
(5) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
covered individual is the equivalent of a family relationship--
(A) who has any of the conditions or needs for
diagnosis or care described in paragraph (4);
(B) who is a child, if the child's school or place
of care has been closed by order of a Federal or State
public official with jurisdiction or at the discretion
of the school or place of care due to a public health
emergency, including if a school or entity operating
the place of care is physically closed but is providing
education or care to the child remotely; or
(C) because a Federal or State public official with
jurisdiction or a health care provider has determined
that the presence in the community of the person
receiving care may jeopardize the health of others
because of the person's exposure to a communicable
disease during a public health emergency, regardless of
whether the person has actually contracted the
communicable disease.
(6) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
covered individual is the equivalent of a family relationship--
(A) who has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
(B) who is a child, if the covered individual is
required to attend a school meeting or a meeting at a
place where the child is receiving care necessitated by
the child's health condition or disability; or
(C) who is otherwise in need of care.
(7) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the covered
individual or the covered individual's child, parent,
spouse, domestic partner, or an individual related to
the covered individual as described in paragraph (6),
to recover from physical or psychological injury or
disability caused by domestic violence, sexual assault,
or stalking;
(B) obtain or assist a related person described in
paragraph (6) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (6) in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Additional Paid Sick Time for Public Health Emergency.--
(1) Additional paid sick time.--On the date of a
declaration of a public health emergency, an employer in the
jurisdiction involved shall provide each covered individual of
the employer in that jurisdiction with additional paid sick
time, in addition to any amount of paid sick time accrued by
the covered individual under subsection (a) (including paid
leave referred to in subsection (a)(5)).
(2) Amount of paid sick time.--In receiving additional paid
sick time under paragraph (1), the covered individual shall
receive--
(A) for a full-time salaried covered individual, a
specified amount of paid sick time that is sufficient
to provide the covered individual with 14 continuous
days away from work without a reduction in pay; and
(B) subject to paragraph (3), for a part-time,
hourly, or piece-rate covered individual, a specified
amount of paid sick time equal to the number of hours
that the covered individual was scheduled to work or,
if not so scheduled, regularly works in a 14-day
period.
(3) Varying schedule hours calculation.--
(A) In general.--In the case of a part-time,
hourly, or piece-rate covered individual described in
paragraph (2)(B) whose schedule varies from week to
week to such an extent that an employer is unable to
determine with certainty the number of hours the
covered individual regularly works, the employer shall
use the rules specified in subparagraph (B) to
calculate the amount of additional paid sick time that
the covered individual shall receive under paragraph
(2)(B).
(B) Special calculation rules.--The employer shall
calculate that amount as--
(i) subject to clause (ii), a number equal
to the average number of hours that the covered
individual was scheduled to work per 14-day
period over the 6-month period ending on the
date on which the covered individual takes such
additional paid sick time, including hours for
which the covered individual took leave of any
type; or
(ii) if the covered individual did not work
over such 6-month period, the reasonable
expectation of the covered individual at the
time of hiring or engagement of the average
number of hours per 14-day period that the
covered individual would regularly be scheduled
to work.
(4) Guidelines.--Not later than 5 days after the date of
the enactment of this Act, the Secretary of Labor shall issue
guidelines to assist employers in calculating the amount of
additional paid sick time that a covered individual shall
receive under this subsection.
(5) Use of leave.--The additional sick time and accrued
sick time described in this subsection shall be available for
immediate use by the covered individual for the purposes
described in any paragraph of subsection (b) beginning on the
date a public health emergency is declared, regardless of how
long the covered individual has been employed by or working for
an employer.
(6) Periods.--A covered individual may take the additional
sick time on the schedule that meets the covered individual's
needs, consistent with subsection (b), including taking the
additional sick time intermittently or on a reduced leave
schedule, and an employer may not require a covered individual
to take the additional sick time in a single period or on any
other schedule specified by the employer.
(d) Emergency Paid Leave for Public Health Emergency.--
(1) In general.--Subject to section 401, during a public
health emergency, an employer in the jurisdiction involved
shall provide each covered individual of the employer in that
jurisdiction with emergency paid leave, in addition to any
amount of paid sick time accrued by the covered individual
under subsection (a) (including paid leave referred to in
subsection (a)(5)) and in addition to additional paid sick time
under subsection (c).
(2) Amount of paid leave.--In receiving emergency paid
leave under paragraph (1), the covered individual shall receive
12 weeks of such paid leave.
(3) Amount of benefit.--In receiving emergency paid leave
under paragraph (1), the covered individual shall be
compensated at a rate that is not less than the greatest of--
(A) two-thirds of the covered individual's regular
rate of pay;
(B) the minimum wage rate provided for in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)); or
(C) the minimum wage rate provided for in the
applicable State or local law for the State or locality
in which the covered individual is employed or working.
(4) Use of leave.--The emergency paid leave described in
this subsection shall be available for immediate use by the
covered individual for the purposes described in any paragraph
of subsection (b), and for qualified caregiving, as defined in
section 402 and in a manner such that section 404(j) shall
apply, beginning on the date a public health emergency is
declared, regardless of how long the covered individual has
been employed by or working for an employer.
(5) Periods.--A covered individual may take the emergency
paid leave on the schedule that meets the covered individual's
needs, consistent with subsection (b) and section 402,
including taking the emergency paid leave intermittently or on
a reduced leave schedule, and an employer may not require a
covered individual to take the emergency paid leave in a single
period or on any other schedule specified by the employer.
(6) Sequencing.--During a public health emergency, a
covered individual may first use the additional sick time for
the purposes described in any paragraph of subsection (b). The
covered individual may then use the emergency paid leave during
a public health emergency. A covered individual may elect to
use accrued sick time before additional sick time or emergency
paid leave. An employer may not require a covered individual to
use accrued sick time or any other paid leave provided by the
employer to the covered individual, before using additional
sick time or emergency paid leave.
(7) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to a
covered individual from an employer upon the covered
individual's termination, resignation, retirement, or other
separation from employment or work for emergency paid leave
that has not been used.
(8) Prohibition.--An employer may not require, as a
condition of providing emergency paid leave under this title,
that the covered individual involved search for or find a
replacement covered individual to cover the hours during which
the covered individual is using emergency paid leave.
(e) Procedures.--
(1) In general.--Paid sick time and emergency paid leave
shall be provided upon the oral or written request of a covered
individual. Such request shall--
(A) include the expected duration of the period of
such time or leave;
(B) in a case in which the need for such period of
time is foreseeable at least 7 days in advance of such
period, be provided at least 7 days in advance of such
period; and
(C) otherwise, be provided as soon as practicable
after the covered individual is aware of the need for
such period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraphs
(C) and (D), an employer may require that a
request for paid sick time under this section
for a purpose described in paragraph (1), (2),
or (6) of subsection (b) be supported by a
certification issued by the health care
provider of the covered individual or of an
individual described in subsection (b)(6), as
appropriate, if the period of such time covers
more than 3 consecutive workdays.
(ii) Timeliness.--The covered individual
shall provide a copy of such certification to
the employer in a timely manner, not later than
30 days after the first day of the period of
time. The employer shall not delay the
commencement of the period of time on the basis
that the employer has not yet received the
certification.
(B) Sufficient certification.--
(i) In general.--A certification provided
under subparagraph (A) shall be sufficient if
it states--
(I) the date on which the period of
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (ii); and
(IV)(aa) for purposes of paid sick
time under subsection (b)(1), a
statement that absence from work is
medically necessary;
(bb) for purposes of such time
under subsection (b)(2), the dates on
which testing for a medical diagnosis
or care is expected to be given and the
duration of such testing or care; and
(cc) for purposes of such time
under subsection (b)(6), in the case of
time to care for someone who is not a
child, a statement that care is needed
for an individual described in such
subsection, and an estimate of the
amount of time that such care is needed
for such individual.
(ii) Limitation.--In issuing a
certification under subparagraph (A), a health
care provider shall make reasonable efforts to
limit the medical facts described in clause
(i)(III) that are disclosed in the
certification to the minimum necessary to
establish a need for the covered individual to
utilize paid sick time.
(C) Public health emergencies.--No certification or
other documentation may be required under this title by
an employer during any public health emergency.
(D) Regulations.--Regulations prescribed under
section 311 shall specify the manner in which a covered
individual who does not have health insurance shall
provide a certification for purposes of this paragraph.
(E) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this title shall be construed to require a
health care provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(ii) Health information records.--If an
employer possesses health information about a
covered individual or a covered individual's
child, parent, spouse, domestic partner, or an
individual related to the covered individual as
described in subsection (b)(6), such
information shall--
(I) be maintained on a separate
form and in a separate file from other
personnel information;
(II) be treated as a confidential
medical record; and
(III) not be disclosed except to
the affected covered individual or with
the permission of the affected covered
individual.
(3) Certification in the case of domestic violence, sexual
assault, or stalking.--
(A) In general.--An employer may require that a
request for paid sick time for a purpose described in
subsection (b)(7) be supported by any one of the
following forms of documentation, but the employer may
not specify the particular form of documentation to be
provided:
(i) A police report indicating that the
covered individual, or a member of the covered
individual's family described in subsection
(b)(7), was a victim of domestic violence,
sexual assault, or stalking.
(ii) A court order protecting or separating
the covered individual or a member of the
covered individual's family described in
subsection (b)(7) from the perpetrator of an
act of domestic violence, sexual assault, or
stalking, or other evidence from the court or
prosecuting attorney that the covered
individual or a member of the covered
individual's family described in subsection
(b)(7) has appeared in court or is scheduled to
appear in court in a proceeding related to
domestic violence, sexual assault, or stalking.
(iii) Other documentation signed by a
covered individual or volunteer working for a
victim services organization, an attorney, a
police officer, a medical professional, a
social worker, an antiviolence counselor, or a
member of the clergy, affirming that the
covered individual or a member of the covered
individual's family described in subsection
(b)(7) is a victim of domestic violence, sexual
assault, or stalking.
(B) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subclauses (III) and (IV) of
subparagraph (B)(i) and subparagraph (B)(ii) of
such paragraph shall not apply;
(ii) the certification shall state the
reason that the leave is required with the
facts to be disclosed limited to the minimum
necessary to establish a need for the covered
individual to be absent from work, and the
covered individual shall not be required to
explain the details of the domestic violence,
sexual assault, or stalking involved; and
(iii) with respect to confidentiality under
subparagraph (E) of such paragraph, any
information provided to the employer under this
paragraph shall be confidential, except to the
extent that any disclosure of such information
is--
(I) requested or consented to in
writing by the covered individual; or
(II) otherwise required by
applicable Federal or State law.
(f) Restoration to Position.--The provisions of section 104(a) of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(a)) or section
6384 of title 5, United States Code, as the case may be, shall apply to
a covered individual taking accrued or additional paid sick time, or
emergency paid leave, under this title, and to the employer of the
covered individual. Such provisions shall be enforced in accordance
with this title.
(g) Maintenance of Health Benefits.--The provisions of section
104(c)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2614(c)(1)) shall apply to a covered individual taking accrued or
additional paid sick time, or emergency paid leave, under this title,
and to the employer of the covered individual. Such provisions shall be
enforced in accordance with this title.
(h) No Effect on Eligibility for Supplemental Security Income.--Any
paid sick time or emergency paid leave provided to a covered individual
under this title shall not be regarded as income or resources for any
month, for purposes of determining the eligibility of the recipient (or
the recipient's spouse or family) for benefits or assistance, or the
amount or extent of benefits or assistance, under the supplemental
security income program established under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.).
SEC. 303. EMPLOYMENT UNDER MULTIEMPLOYER COLLECTIVE BARGAINING
AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer collective
bargaining agreement may, consistent with its bargaining obligations
and its collective bargaining agreement, fulfill its obligations under
this title by making contributions to a multiemployer fund, plan, or
program based on the hours of paid sick time, and of emergency paid
leave, each of its employees is entitled to under this title while
working under the multiemployer collective bargaining agreement,
provided that the fund, plan, or program enables employees to secure
pay from such fund, plan, or program based on the hours the employees
have worked under the multiemployer collective bargaining agreement and
for the amount of time and uses specified under this title.
(b) Employees.--Employees who work under a multiemployer collective
bargaining agreement into which their employers make contributions as
provided in subsection (a) may secure pay from such fund, plan, or
program based on hours the employees have worked under the
multiemployer collective bargaining agreement for the amount of time
and uses specified under this title.
SEC. 304. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each covered individual
and include in any covered individual handbook the information
described in paragraphs (1) through (4). Each employer shall post and
keep posted a notice, to be prepared or approved in accordance with
procedures specified in regulations prescribed under section 311,
setting forth excerpts from, or summaries of, the pertinent provisions
of this title including--
(1) information describing paid sick time and paid
emergency leave available to covered individuals under this
title;
(2) information pertaining to the filing of an action under
this title;
(3) the details of the notice requirement for a foreseeable
period of time under section 302(e)(1)(B); and
(4) information that describes--
(A) the protections that a covered individual has
in exercising rights under this title; and
(B) how the covered individual can contact the
Secretary (or other appropriate authority as described
in section 306) if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to covered individuals (including applicants) are
customarily posted; or
(2) in covered individual handbooks.
(c) Model Notice.--Not later than 5 days after the date of
enactment of this Act, the Secretary of Labor shall make publicly
available a model notice that meets the requirements of subsection (a).
(d) Violation; Penalty.--Any employer who willfully violates the
posting requirements of this section shall be subject to a civil fine
in an amount not to exceed $100 for each separate offense.
SEC. 305. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this
title, including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
title;
(B) using the taking of paid sick time or emergency
paid leave under this title as a negative factor in an
employment action or work-related action, such as
hiring, promotion, reducing hours or number of shifts,
or a disciplinary action; or
(C) counting the paid sick time or emergency paid
leave under a no-fault attendance policy or any other
absence control policy.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual, including a job
applicant, for opposing any practice made unlawful by this
title.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action, or has instituted or caused to be
instituted any proceeding, under or related to this title;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this title; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this title.
(c) Construction.--Nothing in this section shall be construed to
state or imply that the scope of the activities prohibited by section
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is
less than the scope of the activities prohibited by this section.
SEC. 306. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 301(5)
or a corresponding covered individual; and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
301(6)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this title, or any regulation or order
issued under this title, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this title in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this title or any regulation or order issued
pursuant to this title, or is investigating a charge
pursuant to paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(C) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) No waiver.--In such an action brought by one or
more employees or individuals or their representative
for and on behalf of the persons described in clause
(i) or (ii) of subparagraph (A), to enforce the rights
in this title, no court of competent jurisdiction may
grant an employer's motion to compel arbitration, under
chapter 1 of title 9, United States Code, or any
analogous State arbitration statute, of the claims
involved. An employee's right to bring an action on
behalf of similarly situated employees to enforce such
rights may not be subject to any private agreement that
purports to require the employees to pursue claims on
an individual basis.
(C) Liability.--Any employer who violates section
305 (including a violation relating to rights provided
under section 302) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 56 hours of wages or salary
for the employee or individual,
or the specified period
described in subsection (c)(2)
or (d)(2) of section 302, or a
combination of those hours and
that period, as the case may
be;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(D) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 305 (including a violation
relating to rights provided under section 302) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (3)(C)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 305
(including a willful violation relating to rights
provided under section 302), such action may be brought
within 3 years of the date of the last event
constituting the alleged violation for which such
action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 305
(including a violation relating to rights provided
under section 302), including the restraint of any
withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found
by the court to be due to employees or individuals
eligible under this title; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office.--Notwithstanding any
other provision of this subsection, in the case of the
Government Accountability Office, the authority of the
Secretary of Labor under this subsection shall be exercised by
the Comptroller General of the United States.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)
including section 401(d) of such Act (2 U.S.C. 1401(d)), to the Board
(as defined in section 101 of that Act (2 U.S.C. 1301)), the
corresponding Federal agency described in that section 401(d), or any
person, alleging a violation of subsection (a)(1) of section 202 of
that Act (2 U.S.C. 1312) shall be the powers, remedies, and procedures
this title provides to that Board, the corresponding Federal agency, or
any person, alleging an unlawful employment practice in violation of
this title against an employee described in section 301(5)(C) or a
corresponding covered individual.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this title provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this title against an employee described in section 301(5)(D) or a
corresponding covered individual.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title shall
be the powers, remedies, and procedures this title provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an employee
described in section 301(5)(E) or a corresponding covered individual.
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment to the Constitution or otherwise, to a suit
brought by a covered individual of that program or activity
under this title for equitable, legal, or other relief
authorized under this title.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any covered
individual who has complied with the procedures under
subsection (a)(3), for injunctive relief that is authorized
under this title. In such a suit the court may award to the
prevailing party those costs authorized by section 722 of the
Revised Statutes (42 U.S.C. 1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this Act, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 307. EDUCATION AND OUTREACH.
The Secretary may conduct a public awareness campaign to educate
and inform the public of the requirements for paid sick time and paid
emergency leave required by this title.
SEC. 308. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this
title shall be construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, disability, sexual orientation, gender
identity, marital status, familial status, or any other protected
status.
(b) State and Local Laws.--Nothing in this title shall be construed
to supersede (including preempting) any provision of any State or local
law that provides greater paid sick time or leave rights (including
greater amounts of paid sick time or leave, or greater coverage of
those eligible for paid sick time or leave) than the rights established
under this title.
SEC. 309. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this title shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid sick leave or other leave rights to
covered individuals than the rights established under this title.
(b) Less Protective.--The rights established for covered
individuals under this title shall not be diminished by any contract,
collective bargaining agreement, or any employment benefit program or
plan.
SEC. 310. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this title shall be construed to discourage employers
from adopting or retaining leave policies more generous than policies
that comply with the requirements of this title.
SEC. 311. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2) and
subject to subsection (e), not later than 180 days after the
date of enactment of this Act, the Secretary shall prescribe
such regulations as are necessary to carry out this title with
respect to employees described in subparagraph (A) or (B) of
section 301(5), corresponding covered individuals, and other
individuals affected by employers described in subclause (I) or
(II) of section 301(6)(A)(i).
(2) Government accountability office.--Subject to
subsection (e), the Comptroller General of the United States
shall prescribe the regulations with respect to employees of
the Government Accountability Office, corresponding covered
individuals, and other individuals affected by the Comptroller
General of the United States.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Board of Directors of the Office of
Congressional Workplace Rights shall prescribe (in accordance
with section 304 of the Congressional Accountability Act of
1995 (2 U.S.C. 1384)) and the corresponding Federal agency
described in section 401(d) of such Act (2 U.S.C. 1401(d))
shall prescribe such regulations as are necessary to carry out
this title with respect to employees described in section
301(5)(C), corresponding covered individuals, and other
individuals affected by employers described in section
301(6)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the President (or the designee of the
President) shall prescribe such regulations as are necessary to
carry out this title with respect to employees described in
section 301(5)(D), corresponding covered individuals, and other
individuals affected by employers described in section
301(6)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Director of the Office of Personnel
Management shall prescribe such regulations as are necessary to
carry out this title with respect to employees described in
section 301(5)(E), corresponding covered individuals, and other
individuals affected by employers described in section
301(6)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this title except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(e) Immediate Compliance by Employers.--The rights and
responsibilities specified in this title shall apply to employers on
the first Sunday following enactment of this Act and employers shall
comply on such date, without regard to whether regulations have been
prescribed under this section.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out title II and
this title such sums as may be necessary for fiscal year 2020 and each
subsequent fiscal year.
SEC. 313. EFFECTIVE DATES.
(a) In General.--Titles I through III take effect on the date of
enactment of this Act.
(b) Previous Declarations.--If a public health emergency was
declared before and remains in effect on the date of enactment of this
Act, for purposes of titles I through III (and in particular section
302(c) of this Act) the public health emergency shall be considered to
have been declared on the date of enactment of this Act, including an
emergency described in section 301(12)(B).
TITLE IV--FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
SEC. 401. SUNSET.
On December 31, 2021, subsection (d) of section 302 is repealed.
SEC. 402. DEFINITIONS.
In this title, the following definitions apply:
(1) Caregiving day.--The term ``caregiving day'' means,
with respect to an individual, a calendar day in which the
individual engaged in qualified caregiving.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(3) Deputy commissioner.--The term ``Deputy Commissioner''
means the Deputy Commissioner who heads the Office of Paid
Family and Medical Leave established under section 403(a).
(4) Eligible individual.--The term ``eligible individual''
means an individual who is entitled to a benefit under section
404 for a particular month, upon filing an application for such
benefit for such month.
(5) Initial waiting period.--The term ``initial waiting
period'' means a period beginning with the first caregiving day
of an individual occurring during the individual's benefit
period and ending after the earlier of--
(A) the fifth caregiving day of the individual
occurring during the benefit period; or
(B) the month preceding the first month in the
benefit period during which occur not less than 15
caregiving days of the individual.
(6) Qualified caregiving.--The term ``qualified
caregiving'' means any activity engaged in by an individual,
other than regular employment, for a reason for which an
eligible employee would be entitled to leave under
subparagraphs (A) through (E) of paragraph (1) of section
102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)).
(7) Self-employment income.--The term ``self-employment
income'' has the same meaning as such term in section 211(b) of
such Act (42 U.S.C. 411(b)).
(8) State.--The term ``State'' means any State of the
United States or the District of Columbia or any territory or
possession of the United States.
(9) Wages.--The term ``wages'', except as such term is used
in subsection (h)(2) of section 404, has the same meaning as
such term in section 209 of the Social Security Act (42 U.S.C.
409).
(10) 60-day limitation period.--The term ``60-day
limitation period'' means a period--
(A) beginning with the first caregiving day of an
individual occurring during the individual's benefit
period and after the expiration of the individual's 5-
day waiting period, if applicable; and
(B) ending with the 60th caregiving day of the
individual occurring during the benefit period and
after the expiration of the 5-day waiting period,
disregarding any caregiving day of the individual occurring
during any month in the benefit period after the first 20
caregiving days of the individual occurring during such month.
SEC. 403. OFFICE OF PAID FAMILY AND MEDICAL LEAVE.
(a) Establishment of Office.--There is established within the
Social Security Administration an office to be known as the Office of
Paid Family and Medical Leave. The Office shall be headed by a Deputy
Commissioner who shall be appointed by the Commissioner.
(b) Responsibilities of Deputy Commissioner.--The Commissioner,
acting through the Deputy Commissioner, shall be responsible for--
(1) hiring personnel and making employment decisions with
regard to such personnel;
(2) issuing such regulations as may be necessary to carry
out the purposes of this title;
(3) entering into cooperative agreements with other
agencies and departments to ensure the efficiency of the
administration of the program;
(4) determining eligibility for family and medical leave
insurance benefits under section 404;
(5) determining benefit amounts for each month of such
eligibility and making timely payments of such benefits to
entitled individuals in accordance with such section;
(6) establishing and maintaining a system of records
relating to the administration of such section;
(7) preventing fraud and abuse relating to such benefits;
(8) providing information on request regarding eligibility
requirements, the claims process, benefit amounts, maximum
benefits payable, notice requirements, nondiscrimination
rights, confidentiality, coordination of leave under this title
and other laws, collective bargaining agreements, and employer
policies;
(9) annually providing employers a notice informing
employees of the availability of such benefits;
(10) annually making available to the public a report that
includes the number of individuals who received such benefits,
the purposes for which such benefits were received, and an
analysis of utilization rates of such benefits by gender, race,
ethnicity, and income levels; and
(11) tailoring culturally and linguistically competent
education and outreach toward increasing utilization rates of
benefits under such section.
(c) Availability of Data.--The Commissioner shall make available to
the Deputy Commissioner such data as the Commissioner determines
necessary to enable the Deputy Commissioner to effectively carry out
the responsibilities described in subsection (b).
SEC. 404. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS.
(a) In General.--Every individual who--
(1) is insured for disability insurance benefits (as
determined under section 223(c) of the Social Security Act (42
U.S.C. 423(c))) at the time such individual's application is
filed;
(2) has earned income from employment during the 12 months
prior to the month in which the application is filed;
(3) has filed an application for a family and medical leave
insurance benefit in accordance with subsection (d); and
(4) was engaged in qualified caregiving, or anticipates
being so engaged, during the period that begins 90 days before
the date on which such application is filed or within 30 days
after such date,
shall be entitled to such a benefit for each month in the benefit
period specified in subsection (c), not to exceed 60 caregiving days
per benefit period.
(b) Benefit Amount.--
(1) In general.--Except as otherwise provided in this
subsection, the benefit amount to which an individual is
entitled under this section for a month shall be an amount
equal to the greater of--
(A) the lesser of \1/18\ of the wages and self-
employment income of the individual for the calendar
year in which such wages and self-employment income are
the highest among the most recent three calendar years,
or the maximum benefit amount determined under
paragraph (2); or
(B) the minimum benefit amount determined under
paragraph (2),
multiplied by the quotient (not greater than 1) obtained by
dividing the number of caregiving days of the individual in
such month by 20.
(2) Annual increase of maximum and minimum benefit
amounts.--
(A) For individuals who initially become eligible
for family and medical leave insurance benefits in
calendar year 2022, the maximum monthly benefit amount
and the minimum monthly benefit amount shall be $4,000
and $580, respectively.
(B) For individuals who initially become eligible
for family and medical leave insurance benefits in any
calendar year after calendar year 2022 the maximum
benefit amount and the minimum benefit amount shall be,
respectively, the product of the corresponding amount
determined with respect to calendar year 2022 and the
quotient obtained by dividing--
(i) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act (42 U.S.C. 409(k)(1))) for the
second calendar year preceding the calendar
year for which the determination is made, by
(ii) the national average wage index (as so
defined) for 2020.
(3) Limitations on benefits paid.--
(A) Nonpayable waiting period.--Any calendar day
during an individual's benefit period which occurs
before the expiration of an initial waiting period
shall not be taken into account under this subsection
as a caregiving day of the individual.
(B) Limitation on total benefits paid.--Any
calendar day during an individual's benefit period
which occurs after the expiration of a 60-day
limitation period shall not be taken into account under
this subsection as a caregiving day of the individual.
(4) Reduction in benefit amount on account of receipt of
certain benefits.--A benefit under this section for a month
shall be reduced by the amount, if any, in certain benefits (as
determined under regulations issued by the Commissioner) as may
be otherwise received by an individual. For purposes of the
preceding sentence, certain benefits include--
(A) periodic benefits on account of such
individual's total or partial disability under a
workmen's compensation law or plan of the United States
or a State; and
(B) periodic benefits on account of an individual's
employment status under an unemployment law or plan of
the United States or a State.
(5) Coordination of benefit amount with certain state
benefits.--A benefit received under this section shall be
coordinated, in a manner determined by regulations issued by
the Commissioner, with the periodic benefits received from
temporary disability insurance or family leave insurance
programs under any law or plan of a State, a political
subdivision (as that term is used in section 218(b)(2) of the
Social Security Act (42 U.S.C. 418(b)(2))), or an
instrumentality of two or more States (as that term is used in
section 218(g) of such Act (42 U.S.C. 418(g))).
(c) Benefit Period.--
(1) In general.--Except as provided in paragraph (2), the
benefit period specified in this subsection shall begin on the
1st day of the 1st month in which the individual meets the
criteria specified in paragraphs (1), (2), and (3) of
subsection (a), and shall end on the date that is 365 days
after the 1st day of the benefit period.
(2) Retroactive benefits.--In the case of an application
for benefits under this section for qualified caregiving in
which the individual was engaged at any time during the 90-day
period preceding the date on which such application is
submitted, the benefit period specified in this subsection
shall begin on the later of--
(A) the 1st day of the 1st month in which the
individual engaged in such qualified caregiving; or
(B) the 1st day of the 1st month that begins during
such 90-day period,
and shall end on the date that is 365 days after the 1st day of
the benefit period.
(d) Application.--An application for a family and medical leave
insurance benefit shall include--
(1) a statement that the individual was engaged in
qualified caregiving, or anticipates being so engaged, during
the period that begins 90 days before the date on which the
application is submitted or within 30 days after such date;
(2) if the qualified caregiving described in the statement
in paragraph (1) is engaged in by the individual because of a
serious health condition of the individual or a relative of the
individual, a certification, issued by the health care provider
treating such serious health condition, that affirms the
information specified in paragraph (1) and contains such
information as the Commissioner shall specify in regulations,
which shall be no more than the information that is required to
be stated under section 103(b) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2613(b));
(3) if such qualified caregiving is engaged in by the
individual for any other authorized reason, a certification,
issued by a relevant authority determined under regulations
issued by the Commissioner, that affirms the circumstances
giving rise to such reason; and
(4) an attestation from the applicant that his or her
employer has been provided with written notice of the
individual's intention to take family or medical leave, if the
individual has an employer, or to the Commissioner in all other
cases.
(e) Ineligibility; Disqualification.--
(1) Ineligibility for benefit.--An individual shall be
ineligible for a benefit under this section for any month for
which the individual is entitled to--
(A) disability insurance benefits under section 223
of the Social Security Act (42 U.S.C. 423) or a similar
permanent disability program under any law or plan of a
State or political subdivision or instrumentality of a
State (as such terms are used in section 218 of the
Social Security Act (42 U.S.C. 418));
(B) monthly insurance benefits under section 202 of
such Act (42 U.S.C. 402) based on such individual's
disability (as defined in section 223(d) of such Act
(42 U.S.C. 423(d))); or
(C) benefits under title XVI of such Act (42 U.S.C.
1381 et seq.) based on such individual's status as a
disabled individual (as determined under section 1614
of such Act (42 U.S.C. 1382c)).
(2) Disqualification.--An individual who has been convicted
of a violation under section 208 of the Social Security Act (42
U.S.C. 408) or who has been found to have used false statements
to secure benefits under this section, shall be ineligible for
benefits under this section for a 1-year period following the
date of such conviction.
(f) Review of Eligibility and Benefit Payment Determinations.--
(1) Eligibility determinations.--
(A) In general.--The Commissioner shall provide
notice to an individual applying for benefits under
this section of the initial determination of
eligibility for such benefits, and the estimated
benefit amount for a month in which one caregiving day
of the individual occurs, as soon as practicable after
the application is received.
(B) Review.--An individual may request review of an
initial adverse determination with respect to such
application at any time before the end of the 20-day
period that begins on the date notice of such
determination is received, except that such 20-day
period may be extended for good cause. As soon as
practicable after the individual requests review of the
determination, the Commissioner shall provide notice to
the individual of a final determination of eligibility
for benefits under this section.
(2) Benefit payment determinations.--
(A) In general.--The Commissioner shall make any
monthly benefit payment to an individual claiming
benefits for a month under this section, or provide
notice of the reason such payment will not be made if
the Commissioner determines that the individual is not
entitled to payment for such month, not later than 20
days after the individual's monthly benefit claim
report for such month is received. Such monthly report
shall be filed with the Commissioner not later than 15
days after the end of each month.
(B) Review.--If the Commissioner determines that
payment will not be made to an individual for a month,
or if the Commissioner determines that payment shall be
made based on a number of caregiving days in the month
inconsistent with the number of caregiving days in the
monthly benefit claim report of the individual for such
month, the individual may request review of such
determination at any time before the end of the 20-day
period that begins on the date notice of such
determination is received, except that such 20-day
period may be extended for good cause. Not later than
20 days after the individual requests review of the
determination, the Commissioner shall provide notice to
the individual of a final determination of payment for
such month, and shall make payment to the individual of
any additional amount not included in the initial
payment to the individual for such month to which the
Commissioner determines the individual is entitled.
(3) Burden of proof.--An application for benefits under
this section and a monthly benefit claim report of an
individual shall each be presumed to be true and accurate,
unless the Commissioner demonstrates by a preponderance of the
evidence that information contained in the application is
false.
(4) Definition of monthly benefit claim report.--For
purposes of this subsection, the term ``monthly benefit claim
report'' means, with respect to an individual for a month, the
individual's report to the Commissioner of the number of
caregiving days of the individual in such month, which shall be
filed no later than 15 days after the end of each month.
(5) Review.--All final determinations of the Commissioner
under this subsection shall be reviewable according to the
procedures set out in section 205 of the Social Security Act
(42 U.S.C. 405).
(g) Relationship With State Law; Employer Benefits.--
(1) In general.--This section does not preempt or supercede
any provision of State or local law that authorizes a State or
local municipality to provide paid family and medical leave
benefits similar to the benefits provided under this section.
(2) Greater benefits allowed.--Nothing in this title shall
be construed to diminish the obligation of an employer to
comply with any contract, collective bargaining agreement, or
any employment benefit program or plan that provides greater
paid leave or other leave rights to employees than the rights
established under this title.
(h) Prohibited Acts; Enforcement.--
(1) In general.--It shall be unlawful for any person to
discharge or in any other manner discriminate against an
individual because the individual has applied for, indicated an
intent to apply for, or received family and medical leave
insurance benefits.
(2) Civil action by an individual.--
(A) Liability.--Any person who violates paragraph
(1) shall be liable to any individual employed by such
person who is affected by the violation--
(i) for damages equal to the sum of--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost to
such individual by reason of
the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost to
the individual, any actual
monetary losses sustained by
the individual as a direct
result of the violation, such
as the cost of providing care,
up to a sum equal to 60
calendar days of wages or
salary for the individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(II), except that if a person who has
violated paragraph (1) proves to the
satisfaction of the court that the act
or omission which violated paragraph
(1) was in good faith and that the
person had reasonable grounds for
believing that the act or omission was
not a violation of paragraph (1), such
court may, in the discretion of the
court, reduce the amount of the
liability to the amount and interest
determined under subclauses (I) and
(II), respectively; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(B) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(A) may be maintained against any person in any Federal
or State court of competent jurisdiction by any
individual for and on behalf of--
(i) the individual; or
(ii) the individual and other individuals
similarly situated.
(C) Fees and costs.--The court in such an action
shall, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
(D) Limitations.--The right provided by
subparagraph (B) to bring an action by or on behalf of
any individual shall terminate--
(i) on the filing of a complaint by the
Commissioner in an action under paragraph (5)
in which restraint is sought of any further
delay in the payment of the amount described in
subparagraph (A)(I) to such individual by the
person responsible under subparagraph (A) for
the payment; or
(ii) on the filing of a complaint by the
Commissioner in an action under paragraph (3)
in which a recovery is sought of the damages
described in subparagraph (A)(I) owing to an
individual by a person liable under
subparagraph (A),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the
Commissioner.
(3) Action by the commissioner.--
(A) Civil action.--The Commissioner may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (2)(A)(I).
(B) Sums recovered.--Any sums recovered by the
Commissioner pursuant to subparagraph (A) shall be held
in a special deposit account and shall be paid, on
order of the Commissioner, directly to each individual
affected. Any such sums not paid to an individual
because of inability to do so within a period of 3
years shall be deposited into the Federal Family and
Medical Leave Insurance Trust Fund.
(4) Limitation.--
(A) In general.--An action may be brought under
this subsection not later than 3 years after the date
of the last event constituting the alleged violation
for which the action is brought.
(B) Commencement.--An action brought by the
Commissioner under this subsection shall be considered
to be commenced on the date when the complaint is
filed.
(5) Action for injunction by commissioner.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Commissioner--
(A) to restrain violations of paragraph (1),
including the restraint of any withholding of payment
of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to an individual; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(i) Special Rule for Railroad Employees.--For purposes of
subsection (a)(1), an individual shall be deemed to be insured for
disability insurance benefits if the individual would be so insured if
the individual's service as an employee (as defined in the section 1(b)
of the Railroad Retirement Act of 1974) after December 31, 1936, were
included within the meaning of the term ``employment'' for purposes of
title II of the Social Security Act (42 U.S.C. 401 et seq.).
(j) Determination of Whether an Activity Constitutes Qualified
Caregiving.--
(1) In general.--For purposes of determining whether an
activity engaged in by an individual constitutes qualified
caregiving under this section--
(A) the term ``spouse'' (as used in section 102(a)
of the Family and Medical Leave Act (29 U.S.C.
2612(a))) includes the individual's domestic partner;
and
(B) the term ``son or daughter'' (as used in such
section) includes a son or daughter (as defined in
section 101 of such Act) of the individual's domestic
partner.
(2) Domestic partner.--
(A) In general.--For purposes of paragraph (1), the
term ``domestic partner'', with respect to an
individual, means another individual with whom the
individual is in a committed relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
two individuals (each at least 18 years of age) in
which each individual is the other individual's sole
domestic partner and both individuals share
responsibility for a significant measure of each
other's common welfare. The term includes any such
relationship between two individuals, including
individuals of the same sex, that is granted legal
recognition by a State or political subdivision of a
State as a marriage or analogous relationship,
including a civil union or domestic partnership.
(k) Applicability of Certain Social Security Act Provisions.--The
provisions of sections 204, 205, 206, and 208 of the Social Security
Act shall apply to benefit payments authorized by and paid out pursuant
to this section in the same way that such provisions apply to benefit
payments authorized by and paid out pursuant to title II of such Act.
(l) Effective Date for Applications.--Applications described in
this section may be filed after January 1, 2022.
SEC. 405. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE INSURANCE TRUST
FUND.
(a) In General.--There is hereby created on the books of the
Treasury of the United States a trust fund to be known as the ``Federal
Family and Medical Leave Insurance Trust Fund''. The Federal Family and
Medical Leave Insurance Trust Fund shall consist of such gifts and
bequests as may be made as provided in section 201(i)(1) of the Social
Security Act (42 U.S.C. 401(i)(1)) and such amounts as may be
appropriated to, or deposited in, the Federal Family and Medical Leave
Insurance Trust Fund as provided in this section.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Federal Family and Medical Leave Insurance Trust Fund out
of moneys in the Treasury not otherwise appropriated--
(A) for the first three fiscal years beginning
after January 1, 2021, such sums as may be necessary
for the Commissioner to administer the office
established under section 403 and pay the benefits
under section 404;
(B) 100 percent of the taxes imposed by sections
3101(c) and 3111(c) of the Internal Revenue Code of
1986 with respect to wages (as defined in section 3121
of such Code) reported to the Secretary of the Treasury
pursuant to subtitle F of such Code, as determined by
the Secretary of the Treasury by applying the
applicable rate of tax under such sections to such
wages;
(C) 100 percent of the taxes imposed by section
1401(c) of such Code with respect to self-employment
income (as defined in section 1402 of such Code)
reported to the Secretary of the Treasury on tax
returns under subtitle F of such Code, as determined by
the Secretary of the Treasury by applying the
applicable rate of tax under such section to such self-
employment income; and
(D) 100 percent of the taxes imposed by sections
3201(c), 3211(c), and 3221(c) of such Code with respect
to compensation (as defined in section 3231 of such
Code) reported to the Secretary of the Treasury on tax
returns under subtitle F of such Code, as determined by
the Secretary of the Treasury by applying the
applicable rate of tax under such sections to such
compensation.
(2) Repayment of initial appropriation.--Amounts
appropriated pursuant to subparagraph (A) of paragraph (1)
shall be repaid to the Treasury of the United States not later
than 10 years after the first appropriation is made pursuant to
such subparagraph.
(3) Transfer to trust fund.--The amounts described in
paragraph (2) shall be transferred from time to time from the
general fund in the Treasury to the Federal Family and Medical
Leave Insurance Trust Fund, such amounts to be determined on
the basis of estimates by the Secretary of the Treasury of the
taxes, specified in such paragraph, paid to or deposited into
the Treasury. Proper adjustments shall be made in amounts
subsequently transferred to the extent prior estimates were
inconsistent with the taxes specified in such paragraph.
(c) Management of Trust Fund.--The provisions of subsections (c),
(d), (e), (f), (i), and (m) of section 201 of the Social Security Act
(42 U.S.C. 401) shall apply with respect to the Federal Family and
Medical Leave Insurance Trust Fund in the same manner as such
provisions apply to the Federal Old-Age and Survivors Insurance Trust
Fund and the Disability Insurance Trust Fund.
(d) Benefits Paid From Trust Fund.--Benefit payments required to be
made under section 404 shall be made only from the Federal Family and
Medical Leave Insurance Trust Fund.
(e) Administration.--There are authorized to be made available for
expenditure, out of the Federal Family and Medical Leave Insurance
Trust Fund, such sums as may be necessary to pay the costs of the
administration of section 404, including start-up costs, technical
assistance, outreach, education, evaluation, and reporting.
(f) Prohibition.--No funds from the Social Security Trust Fund or
appropriated to the Social Security Administration to administer Social
Security programs may be used for Federal Family and Medical Leave
Insurance benefits or administration set forth under this title.
SEC. 406. INTERNAL REVENUE CODE PROVISIONS.
(a) In General.--
(1) Employee contribution.--Section 3101 of the Internal
Revenue Code of 1986 is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on the income of every individual a tax equal to
the applicable percentage of the wages (as defined in section
3121(a)) received by the individual with respect to employment
(as defined in section 3121(b)).
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.2 percent in the
case of wages received in any calendar year.''.
(2) Employer contribution.--Section 3111 of such Code is
amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on every employer an excise tax, with respect to
having individuals in his employ, equal to the applicable
percentage of the wages (as defined in section 3121(a)) paid by
the employer with respect to employment (as defined in section
3121(b)).
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.2 percent in the
case of wages paid in any calendar year.''.
(3) Self-employment income contribution.--
(A) In general.--Section 1401 of such Code is
amended--
(i) by redesignating subsection (c) as
subsection (d); and
(ii) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed for each taxable year, on the self-employment
income of every individual, a tax equal to the applicable
percentage of the amount of the self-employment income for such
taxable year.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.4 percent in the
case of self-employment income in any taxable year.''.
(B) Exclusion of certain net earnings from self-
employment.--Section 1402(b)(1) of such Code is amended
by striking ``tax imposed by section 1401(a)'' and
inserting ``taxes imposed by subsections (a) and (c) of
section 1401''.
(b) Railroad Retirement Tax Act.--
(1) Employee contribution.--Section 3201 of such Code is
amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on the income of each employee a tax equal to
the applicable percentage of the compensation received during
any calendar year by such employee for services rendered by
such employee.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.2 percent in the
case of compensation received in any calendar year.''.
(2) Employee representative contribution.--Section 3211 of
such Code is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on the income of each employee representative a
tax equal to the applicable percentage of the compensation
received during any calendar year by such employee
representative for services rendered by such employee
representative.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.2 percent in the
case of compensation received in any calendar year.''.
(3) Employer contribution.--Section 3221 of such Code is
amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) Family and Medical Leave Insurance.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on every employer an excise tax, with respect to
having individuals in his employ, equal to the applicable
percentage of the compensation paid during any calendar year by
such employer for services rendered to such employer.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 0.2 percent in the
case of compensation paid in any calendar year.''.
(c) Conforming Amendments.--
(1) Section 6413(c) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (1)--
(i) by inserting ``, section 3101(c),''
after ``by section 3101(a)''; and
(ii) by striking ``both'' and inserting
``each''; and
(B) in paragraph (2), by inserting ``or 3101(c)''
after ``3101(a)'' each place it appears.
(2) Section 15(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n(a)) is amended by inserting ``(other than
sections 3201(c), 3211(c), and 3221(c))'' before the period at
the end.
(d) Effective Date.--The amendments made by this section shall take
effect on May 1, 2022.
SEC. 407. REGULATIONS.
The Commissioner, in consultation with the Secretary of Labor,
shall prescribe regulations necessary to carry out this title. In
developing such regulations, the Commissioner shall consider the input
from a volunteer advisory body comprised of not more than 15
individuals, including experts in the relevant subject matter and
officials charged with implementing State paid family and medical leave
insurance programs. The Commissioner shall take such programs into
account when proposing regulations. Such individuals shall be appointed
as follows:
(1) Five individuals to be appointed by the President.
(2) Three individuals to be appointed by the majority
leader of the Senate.
(3) Two individuals to be appointed by the minority leader
of the Senate.
(4) Three individuals to be appointed by the Speaker of the
House of Representatives.
(5) Two individuals to be appointed by the minority leader
of the House of Representatives.
SEC. 408. GAO STUDY.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General shall submit to Congress a report on family and
medical leave insurance benefits paid under section 404 for any month
during the 1-year period beginning on January 1, 2022. The report shall
include the following:
(1) An identification of the total number of applications
for such benefits filed for any month during such 1-year
period, and the average number of days occurring in the period
beginning on the date on which such an application is received
and ending on the date on which the initial determination of
eligibility with respect to the application is made.
(2) An identification of the total number of requests for
review of an initial adverse determination of eligibility for
such benefits made during such 1-year period, and the average
number of days occurring in the period beginning on the date on
which such review is requested and ending on the date on which
the final determination of eligibility with respect to such
review is made.
(3) An identification of the total number of monthly
benefit claim reports for such benefits filed during such 1-
year period, and the average number of days occurring in the
period beginning on the date on which such a claim report is
received and ending on the date on which the initial
determination of eligibility with respect to the claim report
is made.
(4) An identification of the total number of requests for
review of an initial adverse determination relating to a
monthly benefit claim report for such benefits made during such
1-year period, and the average number of days occurring in the
period beginning on the date on which such review is requested
and ending on the date on which the final determination of
eligibility with respect to such review is made.
(5) An identification of any excessive delay in any of the
periods described in paragraphs (1) through (4), and a
description of the causes for such delay.
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