[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2465 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2465
To allow Americans to earn paid sick time so that they can address
their own health needs and the health needs of their families.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2021
Ms. DeLauro (for herself, Ms. Adams, Mr. Aguilar, Mr. Auchincloss, Mrs.
Axne, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr.
Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Brendan
F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Ms. Bush, Mrs.
Bustos, Mr. Carbajal, Mr. Carson, Ms. Castor of Florida, Mr. Castro of
Texas, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Cleaver,
Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Courtney, Ms. Craig, Mr. Crow,
Mr. Danny K. Davis of Illinois, Ms. Dean, Ms. DeGette, Ms. DelBene,
Mrs. Demings, Mr. DeSaulnier, Mrs. Dingell, Mr. Doggett, Mr. Michael F.
Doyle of Pennsylvania, Mr. Espaillat, Mr. Evans, Mr. Foster, Ms. Lois
Frankel of Florida, Mr. Gallego, Mr. Garcia of Illinois, Mr. Gomez, Mr.
Grijalva, Mrs. Hayes, Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms.
Jacobs of California, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Johnson
of Texas, Mr. Jones, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of
Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey,
Mrs. Kirkpatrick, Mr. Krishnamoorthi, Mr. Lamb, Mr. Langevin, Mr.
Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr.
Lawson of Florida, Ms. Lee of California, Ms. Leger Fernandez, Mr.
Levin of Michigan, Mr. Lieu, Mr. Lowenthal, Mr. Lynch, Mr. Malinowski,
Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New
York, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McGovern, Mr.
McNerney, Mr. Meeks, Ms. Meng, Mr. Morelle, Mr. Moulton, Mr. Nadler,
Mr. Neguse, Ms. Newman, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez,
Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Payne, Mr.
Perlmutter, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms.
Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss
Rice of New York, Ms. Ross, Ms. Roybal-Allard, Mr. Ruiz, Mr.
Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Mr. San Nicolas, Ms.
Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr.
Schneider, Ms. Schrier, Ms. Sewell, Mr. Sires, Mr. Smith of Washington,
Mr. Soto, Ms. Speier, Ms. Strickland, Mr. Suozzi, Mr. Takano, Mr.
Thompson of Mississippi, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres
of California, Mr. Torres of New York, Mrs. Trahan, Mr. Trone, Ms.
Underwood, Mr. Vargas, Ms. Velazquez, Ms. Waters, Mrs. Watson Coleman,
Mr. Welch, Ms. Wexton, Ms. Williams of Georgia, Ms. Wilson of Florida,
Mr. Yarmuth, and Ms. Sherrill) introduced the following bill; which was
referred to the Committee on Education and Labor, and in addition to
the Committees on House Administration, and Oversight and Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To allow Americans to earn paid sick time 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 ``Healthy Families Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Working people need time to meet their own health care
needs and to care for family members. The absence of paid sick
time has forced working people to make untenable choices
between needed income and jobs on the one hand and caring for
their own and their family's health on the other. It is in the
national interest to ensure that all working people can care
for their own health and the health of their families while
prospering at work.
(2) Twenty-nine percent of the private sector workforce and
9 percent of the public sector workforce lack paid sick time.
Millions more theoretically have access to sick time, but have
not been on the job long enough to use it. Millions more lack
sick time they can use to care for a sick child or ill family
member.
(3) Working people without paid sick days are more likely
to go to work sick and delay or forgo needed health care. A
2016 study in the journal Health Affairs found that working
adults without paid sick days are 3 times more likely to forgo
medical care for themselves, and 1.6 times more likely to forgo
medical care for their family, compared to working adults with
paid sick days. Lack of paid sick days is also a barrier to
receiving annual health screenings and preventive care,
according to a 2017 study in the American Journal of Nursing.
(4) Nearly 1 in 4 parents without paid sick time reports
sending a sick child to school or child care because the parent
has to go to work. When children go to school and child care
sick, they risk their own health and that of other children,
teachers, and administrators. Research suggests that schools
play a key role in transmitting contagious illnesses like
influenza.
(5) A 2012 study published in the American Journal of
Public Health found that a lack of workplace policies like paid
sick days contributed to an additional 5,000,000 cases of
influenza-like illness during the H1N1 pandemic of 2009.
(6) A National Bureau of Economic Research analysis
examining influenza rates following the implementation of
comprehensive paid sick time laws in 7 major cities in the
United States found that when workers gained access to paid
sick time in those cities, the general influenza rate in the
population decreased by 5.5 to 6.5 percent. This analysis
estimates that those laws helped prevent about 100 influenza-
like infections per week for every 100,000 people.
(7) Paid sick days contribute to more cost-effective use of
health care resources. A 2011 study by the Institute for
Women's Policy Research found that a universal paid sick days
policy would reduce preventable visits to the emergency room
and result in cost savings of $1,100,000,000 per year,
including $500,000,000 in savings for public health insurance
programs like Medicare and Medicaid.
(8) The American Productivity Audit completed in 2003 found
that lost productivity due to illness costs $226,000,000,000
($308,000,000,000 in 2019 dollars) annually, and that 71
percent of that cost stems from presenteeism--the practice of
employees coming to work while ill. Studies in the Journal of
Occupational and Environmental Medicine and the Journal of the
American Medical Association show that presenteeism is a larger
productivity drain than either absenteeism or short-term
disability.
(9) Working while sick also increases a worker's
probability of suffering an injury on the job. A 2012 study
published by the American Journal of Public Health found that
workers with access to paid sick leave were 28 percent less
likely than workers without paid sick leave to suffer nonfatal
occupational injuries.
(10) Workers' access to paid sick time varies dramatically
by wage level, as demonstrated by the following:
(A) For private sector workers--
(i) for workers in the lowest quartile of
earners, 55 percent lack paid sick time;
(ii) for workers in the next 2 quartiles,
27 and 17 percent, respectively, lack paid sick
time; and
(iii) even for workers in the highest
quartile, 10 percent lack paid sick time.
(B) For public sector workers--
(i) for workers in the lowest quartile of
earners, 21 percent lack paid sick time;
(ii) for workers in the next 2 quartiles, 5
and 3 percent, respectively, lack paid sick
time; and
(iii) for workers in the highest quartile,
5 percent lack paid sick time.
(11) Workers' access to paid sick days also varies
depending on their occupation and race. For example, more than
80 percent of workers in food preparation and serving
occupations lack access to paid sick days, compared to only 23
percent of workers in management occupations. More than half of
Latino workers and nearly half of Native American or Alaskan
Native workers do not have access to paid sick days, compared
to nearly 40 percent of White and Black workers.
(12) According to the Centers for Disease Control and
Prevention, more than 1 in 3 women and more than 1 in 4 men in
the United States report having experienced rape, physical
abuse, or some form of unwanted sexual contact at some point in
their lives. Women and men of color are even more likely to
report being impacted by intimate partner violence. Too many
people, and especially women, are forced to risk losing their
jobs or critical income when they need to take time away from
work to address domestic-violence-related issues, such as
obtaining a restraining order or finding housing, in order to
avoid or prevent physical or sexual abuse.
(13) Without paid sick time that can be used to address the
effects of domestic violence, these victims are in grave danger
of losing their jobs. In a 2018 survey of domestic violence
survivors, nearly \3/4\ (73 percent) reported that financial
problems forced them to remain with their abusers longer than
they wanted or to return to their abusers after having left,
and more than half (53 percent) said they lost a job because of
the abuse. The loss of employment can be particularly
devastating for victims of domestic violence, who often need
economic security to ensure safety.
(14) The Centers for Disease Control and Prevention has
estimated that intimate partner violence costs over
$700,000,000 annually due to the victims' lost productivity in
employment.
(15) A 2018 study published in the American Journal of
Orthopsychiatry found that workers without paid sick leave
benefits have higher levels of psychological distress and are
1.45 times more likely to report that their distress symptoms
interfere ``a lot'' with their daily life activities.
(16) Efforts to assist abused employees result in positive
outcomes for employers as well as employees because employers
can retain workers who might otherwise be compelled to leave.
(17) Dozens of States, cities, and localities have or will
soon have paid sick time laws in place and evidence shows that
those laws are working well for workers, businesses, and the
economy.
(18) A 2009 study by the Center for Economic and Policy
Research found that, of 22 countries with comparable economies,
the United States was 1 of only 3 countries that did not
provide any paid time off for workers with short-term
illnesses.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that working people can address their own
health needs and the health needs of their families by
requiring employers to permit employees to earn up to 56 hours
of paid sick time including paid time for family care;
(2) to diminish public and private health care costs by
enabling workers to seek early and routine health care for
themselves and their family members;
(3) to assist employees who are, or whose family members
are, victims of domestic violence, sexual assault, or stalking,
by providing the employees with paid time away from work to
allow the victims to receive treatment and to take the
necessary steps to ensure their protection;
(4) to address the historical and persistent widespread
pattern of employment discrimination on the basis of gender by
both private and public sector employers;
(5) to accomplish the purposes described in paragraphs (1)
through (4) in a manner that is feasible for employers; and
(6) consistent with the provision of the 14th Amendment to
the Constitution relating to equal protection of the laws, and
pursuant to Congress' power to enforce that provision under
section 5 of that Amendment--
(A) to accomplish the purposes described in
paragraphs (1) through (4) in a manner that minimizes
the potential for employment discrimination on the
basis of sex by ensuring generally that paid sick time
is available for eligible medical reasons on a gender-
neutral basis; and
(B) to promote the goal of equal employment
opportunity for women and men.
SEC. 4. DEFINITIONS.
In this Act:
(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,
who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-
care because of a mental or physical disability.
(2) 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.
(3) 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.
(4) 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),
including such an employee of the Library of Congress,
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
(5)(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.
(5) 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 15 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) means a smaller employer, as
defined in subparagraph (C), to which
the special rule in paragraph (3) of
section 5(a) applies;
(III) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer to any
of the employees of such
employer; and
(bb) any successor in
interest of an employer;
(IV) 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
(V) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(IV), 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) Smaller employer.--The term ``smaller
employer'' means any person engaged in commerce or in
any industry or activity affecting commerce who employs
fewer than 15 employees for each working day during
each of 20 or more calendar workweeks in the preceding
year.
(D) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees 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)).
(7) 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 Act.
(8) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by an
employee for use during an absence from employment for any of
the reasons described in paragraphs (1) through (4) of section
5(b).
(9) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, parent-in-law, parent of a domestic partner, or a
legal guardian or other person who stood in loco parentis to an
employee when the employee was a child.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(11) 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)).
(12) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the marriage was celebrated.
(13) 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)).
(14) 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).
(15) Unpaid sick time.--The term ``unpaid sick time'' means
the leave earned and used in the same manner and under the same
conditions as paid sick time for the purposes of this Act,
except that no compensation shall be paid.
(16) 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.
SEC. 5. EARNED PAID SICK TIME.
(a) Earning of Paid Sick Time.--
(1) In general.--An employer shall provide each employee
employed by 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). An employer shall not be required to permit an
employee to earn, under this section, 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 subparagraph
(B), for purposes of this section, 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 based upon that
normal workweek.
(3) Special rule for smaller employers.--A smaller employer
may provide paid sick time as provided under paragraph (1) but
if such smaller employer opts not to do so, the smaller
employer shall provide not fewer than 56 hours of unpaid sick
time to each employee per year to be used for the same purposes
and under the same conditions as set out in this Act. The
provision and earning of unpaid sick time shall be treated in
all respects the same as the provision and earning of paid sick
time under this Act. References in this Act to paid sick time
shall, with respect to smaller employers, be deemed to be
references to unpaid sick time.
(4) Dates for beginning to earn paid sick time and use.--
Employees shall begin to earn paid sick time under this section
at the commencement of their employment. An employee shall be
entitled to use the earned paid sick time beginning on the 60th
calendar day following commencement of the employee's
employment. After that 60th calendar day, the employee 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 an
employee for use by such employee in advance of the employee
earning such sick time as provided in this subsection and may
permit use before the 60th day of employment.
(5) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this section shall
carry over from 1 year to the next.
(B) Construction.--This Act shall not be construed
to require an employer to permit an employee to earn
more than 56 hours of earned paid sick time at a given
time.
(6) 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 section 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 an employee to
earn additional paid sick time under this section.
(7) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for earned paid sick time that has not been used.
(8) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer, the employer shall
reinstate the employee's previously earned paid sick time. The
employee shall be entitled to use the earned paid sick time and
earn additional paid sick time at the recommencement of
employment with the employer.
(9) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this Act, that the
employee involved search for or find a replacement employee to
cover the hours during which the employee is using paid sick
time.
(b) Uses.--Paid sick time earned under this section may be used by
an employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) 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
employee is the equivalent of a family relationship, who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
(B) in the case of someone who is a child, 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) is otherwise in need of care.
(4) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the
employee's child, parent, spouse, domestic partner, or
an individual related to the employee as described in
paragraph (3), 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 (3) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (3) 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) Scheduling.--An employee shall make a reasonable effort to
schedule a period of paid sick time under this Act in a manner that
does not unduly disrupt the operations of the employer.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the
oral or written request of an employee. Such request shall--
(A) include the expected duration of the period of
such time;
(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 employee is aware of the need for such
period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraph
(C), an employer may require that a request for
paid sick time under this section for a purpose
described in paragraph (1), (2), or (3) of
subsection (b) be supported by a certification
issued by the health care provider of the
eligible employee or of an individual described
in subsection (b)(3), as appropriate, if the
period of such time covers more than 3
consecutive workdays.
(ii) Timeliness.--The employee 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)(3), 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 employee to utilize
paid sick time.
(C) Regulations.--Regulations prescribed under
section 14 shall specify the manner in which an
employee who does not have health insurance shall
provide a certification for purposes of this paragraph.
(D) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this Act 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 an
employee or an employee's child, parent,
spouse, domestic partner, or an individual
related to the employee as described in
subsection (b)(3), 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 employee or with the
permission of the affected employee.
(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 under this section for a
purpose described in subsection (b)(4) 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
employee, or a member of the employee's family
described in subsection (b)(4), was a victim of
domestic violence, sexual assault, or stalking.
(ii) A court order protecting or separating
the employee or a member of the employee's
family described in subsection (b)(4) from the
perpetrator of an act of domestic violence,
sexual assault, or stalking, or other evidence
from the court or prosecuting attorney that the
employee or a member of the employee's family
described in subsection (b)(4) 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 an
employee 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 employee or a
member of the employee's family described in
subsection (b)(4) 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 employee
to be absent from work, and the employee 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 (D) 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 employee; or
(II) otherwise required by
applicable Federal or State law.
SEC. 6. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each employee and
include in any employee 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 14, setting forth
excerpts from, or summaries of, the pertinent provisions of this Act
including--
(1) information describing paid sick time available to
employees under this Act;
(2) information pertaining to the filing of an action under
this Act;
(3) the details of the notice requirement for a foreseeable
period of time under section 5(d)(1)(B); and
(4) information that describes--
(A) the protections that an employee has in
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section 8)
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 employees (including applicants) are
customarily posted; or
(2) in employee handbooks.
(c) 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. 7. 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 Act,
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
Act;
(B) using the taking of paid sick time or unpaid
sick time under this Act as a negative factor in an
employment action, such as hiring, promotion, reducing
hours or number of shifts, or a disciplinary action; or
(C) counting the paid sick time or unpaid sick time
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 Act.
(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 Act;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act.
(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. 8. 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 4(4);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
4(5)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this Act, or any regulation or order
issued under this Act, 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 Act 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 Act or any regulation or order issued pursuant
to this Act, 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
(B) 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) Liability.--Any employer who violates section 7
(including a violation relating to rights provided
under section 5) 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;
(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.
(C) 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 7 (including a violation
relating to rights provided under section 5) 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)(B)(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 7 (including
a willful violation relating to rights provided under
section 5), such action may be brought not later than 3
years after 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 7 (including
a violation relating to rights provided under section
5), 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
Act; 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 and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(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.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this Act
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this Act against an employee described in
section 4(4)(C).
(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 Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this Act against an employee described in section 4(4)(D).
(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 Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an employee
described in section 4(4)(E).
(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 an employee of that program or activity under this
Act for equitable, legal, or other relief authorized under this
Act.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(3), for
injunctive relief that is authorized under this Act. 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. 9. AUTHORIZATION OF APPROPRIATIONS FOR EDUCATION AND OUTREACH.
There is authorized to be appropriated to the Secretary of Labor
such sums as may be necessary in order that the Secretary may conduct a
public awareness campaign to educate and inform the public of the
requirements for paid sick time required by this Act.
SEC. 10. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information.--The Commissioner of Labor
Statistics of the Department of Labor shall annually compile
information on the following:
(1) The amount of paid and unpaid sick time available to
employees by occupation and type of employment establishment.
(2) An estimate of the average sick time used by employees
according to occupation and the type of employment
establishment.
(b) GAO Study.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study to evaluate the implementation of this Act. Such study shall
include an estimation of employees' access to paid sick time,
employees' awareness of their rights under this Act, and employers'
experiences complying with this Act. Such study shall take into account
access, awareness and experiences of employees by race, ethnicity,
gender, and occupation.
(c) Report.--Upon completion of the study required by subsection
(b), the Comptroller General of the United States shall prepare and
submit a report to the appropriate committees of Congress concerning
the results of the study and the information compiled pursuant to
subsection (a).
SEC. 11. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this Act
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 Act 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 Act.
SEC. 12. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this Act 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
employees or individuals than the rights established under this Act.
(b) Less Protective.--The rights established for employees under
this Act shall not be diminished by any contract, collective bargaining
agreement, or any employment benefit program or plan.
SEC. 13. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act shall be construed to discourage employers from
adopting or retaining leave policies more generous than policies that
comply with the requirements of this Act.
SEC. 14. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), 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 Act with respect to employees described in
subparagraph (A) or (B) of section 4(4) and other individuals
affected by employers described in subclause (I) or (II) of
section 4(5)(A)(i).
(2) Government accountability office; library of
congress.--The Comptroller General of the United States and the
Librarian of Congress shall prescribe the regulations with
respect to employees of the Government Accountability Office
and the Library of Congress, respectively, and other
individuals affected by the Comptroller General of the United
States and the Librarian of Congress, respectively.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under subsection (a), the Board of
Directors of the Office of Compliance shall prescribe (in
accordance with section 304 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary
to carry out this Act with respect to employees described in
section 4(4)(C) and other individuals affected by employers
described in section 4(5)(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 Act 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.--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 Act with respect to
employees described in section 4(4)(D) and other individuals
affected by employers described in section 4(5)(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 Act 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.--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 Act with respect
to employees described in section 4(4)(E) and other individuals
affected by employers described in section 4(5)(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 Act 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.
SEC. 15. EFFECTIVE DATES.
(a) Effective Date.--This Act shall take effect 6 months after the
date of issuance of regulations under section 14(a)(1).
(b) Collective Bargaining Agreements.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by
subsection (a), this Act shall take effect on the earlier of--
(1) the date of the termination of such agreement; or
(2) the date that occurs 18 months after the date of
issuance of regulations under section 14(a)(1).
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