Healthy Families Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to provide a minimum paid sick leave of: (1) seven days annually for those who work at least 30 hours per week; and (2) a prorated annual amount for those who work less than 30 but at least 20 hours a week, or less than 1,500 but at least 1,000 hours per year.
Allows employees to use such leave to meet their own medical needs or to care for the medical needs of certain family members.
Directs the Secretary of Labor to exercise certain investigative and enforcement authority with respect to this Act's provisions regarding employees covered by title I of the Family and Medical Leave Act of 1993 or the Government Employee Rights Act of 1991. Provides that, for employees under their jurisdiction, such authority shall be exercised by the Librarian of Congress, the Comptroller General, the Board of Directors of the congressional Office of Compliance, or the Merit Systems Protection Board.
Declares that the requirements under this Act are minimum requirements, and are not to be construed to discourage employers from adopting or retaining more generous leave policies.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 932 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 932
To provide for paid sick leave to ensure that Americans can address
their own health needs and the health needs of their families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2005
Mr. Kennedy (for himself, Mr. Durbin, Ms. Mikulski, Mrs. Murray, Mr.
Harkin, Mr. Dodd, Mr. Lautenberg, Mr. Corzine, Mr. Akaka, Mrs. Boxer,
Mr. Feingold, Mr. Schumer, and Mr. Dayton) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for paid sick leave to ensure that Americans 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 Americans need to take time off for their own
health care needs or to perform essential caretaking
responsibilities for a wide range of family members, including,
among others, their children, spouse, parents, and parents-in-
law, and other children and adults for whom they are
caretakers.
(2) Health care needs include preventive health care,
diagnostic procedures, medical treatment, and recovery in
response to short- and long-term illnesses and injuries.
(3) Providing employees time off to tend to their own
health care needs ensures that they will be healthier in the
long run. Preventive care helps avoid illnesses and injuries
and routine medical care helps detect illnesses early and
shorten the duration of illnesses.
(4) When parents are available to care for their children
who become sick, children recover faster, more serious
illnesses are prevented, and children's overall mental and
physical health are improved. Parents who cannot afford to miss
work and must send children with a contagious illness to child
care or school contribute to the high rate of infections in
child care centers and schools.
(5) Providing paid sick leave improves public health by
reducing infectious disease. Policies that make it easier for
sick adults and children to be isolated at home reduce the
spread of infectious disease.
(6) Routine medical care results in savings by decreasing
medical costs by detecting and treating illness and injury
early, decreasing the need for emergency care. These savings
benefit public and private payers of health insurance,
including private businesses.
(7) The provision of individual and family sick leave by
large and small businesses, both here in the United States and
elsewhere, demonstrates that policy solutions are both feasible
and affordable in a competitive economy. Measures that ensure
that employees are both in good health themselves and do not
need to worry about unmet family health problems help
businesses by promoting productivity and reducing employee
turnover.
(8) The American Productivity Audit found that
presenteeism--the practice of employees coming to work despite
illness--costs $180,000,000,000 annually in lost productivity.
Studies in the Journal of Occupational and Environmental
Medicine, the Employee Benefit News, and the Harvard Business
Review show that presenteeism is a larger productivity drain
than either absenteeism or short-term disability.
(9) The absence of sick leave has forced Americans 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.
(10) The majority of middle income Americans lack paid
leave for self-care or to care for a family member. Low-income
Americans are significantly worse off. Of the poorest families
(the lowest quartile), 76 percent lack regular sick leave. For
families in the next 2 quartiles, 63 percent and 54 percent,
respectively lack regular sick leave. Even in the highest
income quartile, 40 percent of families lack regular sick
leave. Less than \1/2\ of workers who have paid sick leave can
use it to care for ill children.
(11) It is in the national interest to ensure that
Americans from all demographic groups can care for their own
health and the health of their families while prospering at
work.
(12) Due to the nature of the roles of men and women in
society, the primary responsibility for family caretaking often
falls on women, and such responsibility affects the working
lives of women more than it affects the working lives of men.
(13) Although women are still primarily responsible for
family caretaking, an increasing number of men are taking on
caretaking obligations, and men who request leave time for
caretaking purposes are often denied accommodation or penalized
because of stereotypes that caretaking is only ``women's
work''.
(14) Employers' reliance on persistent stereotypes about
the ``proper'' roles of both men and women in the workplace and
in the home--
(A) creates a cycle of discrimination that forces
women to continue to assume the role of primary family
caregiver; and
(B) fosters stereotypical views among employers
about women's commitment to work and their value as
employees.
(15) Employment standards that apply to only one gender
have serious potential for encouraging employers to
discriminate against employees and applicants for employment
who are of that gender.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that all working Americans can address their
own health needs and the health needs of their families by
requiring employers to provide a minimum level of paid sick
leave including leave for family care;
(2) to diminish public and private health care costs by
enabling workers to seek early and routine medical care for
themselves and their family members;
(3) to accomplish the purposes described in paragraphs (1)
and (2) in a manner that is feasible for employers; and
(4) 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) and (2) in a manner that minimizes the
potential for employment discrimination on the basis of
sex by ensuring generally that leave 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 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) Employee.--The term ``employee'' means an individual--
(A) who is--
(i)(I) an employee (including an
applicant), 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 clause (v),
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 (3)(A); or
(II) an employee (including an applicant)
of the Government Accountability Office;
(ii) a State employee (including an
applicant) described in section 304(a) of the
Government Employee Rights Act of 1991 (42
U.S.C. 2000e-16c(a));
(iii) a covered employee (including an
applicant), as defined in section 101 of the
Congressional Accountability Act of 1995 (2
U.S.C. 1301);
(iv) a covered employee (including an
applicant), as defined in section 411(c) of
title 3, United States Code; or
(v) a Federal officer or employee
(including an applicant) covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(B) who works an average of at least 20 hours per
week or, in the alternative, at least 1,000 hours per
year.
(3) 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) is engaged in commerce (including
government), in the production of goods for
commerce, or in an enterprise engaged in
commerce (including government) or in the
production of goods for commerce.
(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
calendar year;
(II) 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;
(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 and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(III), 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.
(4) 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)).
(5) 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.
(6) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, or a legal guardian or other person who stood in loco
parentis to an employee when the employee was a child.
(7) Pro rata.--The term ``pro rata'', with respect to
benefits offered to part-time employees, means the proportion
of each of the benefits offered to full-time employees that are
offered to part-time employees that, for each benefit, is equal
to the ratio of part-time hours worked to full-time hours
worked.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(9) Sick leave.--The term ``sick leave'' means an increment
of compensated leave provided by an employer to an employee as
a benefit of employment for use by the employee during an
absence from employment for any of the reasons described in
paragraphs (1) through (3) of section 5(d).
(10) 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 employee resides.
SEC. 5. PROVISION OF PAID SICK LEAVE.
(a) In General.--An employer shall provide for each employee
employed by the employer not less than--
(1) 7 days of sick leave with pay annually for employees
working 30 or more hours per week; or
(2) a pro rata number of days or hours of sick leave with
pay annually for employees working less than--
(A) 30 hours per week on a year-round basis; or
(B) 1,500 hours throughout the year involved.
(b) Accrual.--
(1) Period of accrual.--Sick leave provided for under this
section shall accrue as determined appropriate by the employer,
but not on less than a quarterly basis.
(2) Accumulation.--Accrued sick leave provided for under
this section shall carry over from year to year, but this Act
shall not be construed to require an employer to permit an
employee to accumulate more than 7 days of the sick leave.
(3) Use.--The sick leave may be used as accrued. The
employer, at the discretion of the employer, may loan the sick
leave to the employee in advance of accrual by such employee.
(c) Calculation.--
(1) Less than a full workday.--Unless the employer and
employee agree to designate otherwise, for periods of sick
leave that are less than a normal workday, that leave shall be
counted--
(A) on an hourly basis; or
(B) in the smallest increment that the employer's
payroll system uses to account for absences or use of
leave.
(2) Variable schedule.--If the schedule of an employee
varies from week to week, a weekly average of the hours worked
over the 12-week period prior to the beginning of a sick leave
period shall be used to calculate the employee's normal
workweek for the purpose of determining the amount of sick
leave to which the employee is entitled.
(d) Uses.--Sick leave accrued 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 subject to the requirement of subsection (e).
(3) An absence for the purpose of caring for a child, a
parent, a spouse, 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);
and
(B) in the case of someone who is not a child, is
otherwise in need of care.
(e) Scheduling.--An employee shall make a reasonable effort to
schedule leave under paragraphs (2) and (3) of subsection (d) in a
manner that does not unduly disrupt the operations of the employer.
(f) Procedures.--
(1) In general.--Paid sick leave shall be provided upon the
oral or written request of an employee. Such request shall--
(A) include a reason for the absence involved and
the expected duration of the leave;
(B) in a case in which the need for leave is
foreseeable at least 7 days in advance of such leave,
be provided at least 7 days in advance of such leave;
and
(C) otherwise, be provided as soon as practicable
after the employee is aware of the need for such leave.
(2) Certification.--
(A) Provision.--
(i) In general.--Subject to subparagraph
(C), an employer may require that a request for
leave be supported by a certification issued by
the health care professional of the eligible
employee or of an individual described in
subsection (d)(3), as appropriate, if the leave
period 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 leave. The
employer shall not delay the commencement of
the leave 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 leave
will be needed;
(II) the probable duration of the
leave;
(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 leave
under subsection (d)(1), a statement
that leave from work is medically
necessary;
(bb) for purposes of leave under
subsection (d)(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 leave under
subsection (d)(3), in the case of leave
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 leave.
(C) Regulations.--Regulations prescribed under
section 13 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 (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
or other individual described in subsection
(d)(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.
(g) Current Leave Policies.--
(1) Equivalency requirement.--An employer with a leave
policy providing paid leave options shall not be required to
modify such policy, if such policy offers an employee the
option, at the employee's discretion, to take paid sick leave
that is at least equivalent to the sick leave described in
paragraphs (1) and (2) of subsection (a) and subsection (d), or
if the policy offers paid leave (in amounts equivalent to the
amounts described in such paragraphs) for purposes that include
the reasons described in subsection (d).
(2) No elimination or reduction of leave.--An employer may
not eliminate or reduce leave in existence on the date of
enactment of this Act, regardless of the type of such leave, in
order to comply with the provisions of this Act.
SEC. 6. POSTING REQUIREMENT.
(a) In General.--Each employer shall post and keep posted a notice,
to be prepared or approved in accordance with procedures specified in
regulations prescribed under section 13, setting forth excerpts from,
or summaries of, the pertinent provisions of this Act including--
(1) information describing leave 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 foreseeable
leave under section 5(f)(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.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual for opposing any
practice made unlawful by this Act, including--
(A) discharging or discriminating against
(including retaliating against) any individual for
exercising, or attempting to exercise, any right
provided under this Act;
(B) using the taking of sick leave under this Act
as a negative factor in an employment action, such as
hiring, promotion, or a disciplinary action; or
(C) counting the sick leave under a no-fault
attendance policy.
(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
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 clause (i) or (ii) of section 4(2)(A); and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
4(3)(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 employees and employers.
(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.--
(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 their representative for and on
behalf of--
(i) the employees; or
(ii) the employees and other employees
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
affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost to
such employee 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 employee, any actual
monetary losses sustained by
the employee as a direct result
of the violation up to a sum
equal to 7 days of wages or
salary for the employee;
(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 affected.
Any such sums not paid to an employee 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 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 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 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 (42
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(2)(A)(iii).
(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(2)(A)(iv).
(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(2)(A)(v).
SEC. 9. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine the following:
(1) The number of days employees used paid sick leave
including--
(A) the number of employees who used paid sick
leave annually;
(B) both the number of consecutive days, and total
days, employees used paid sick leave for their
illnesses, or illnesses of--
(i) a child;
(ii) a spouse;
(iii) a parent; or
(iv) any other individual; and
(C) the number of employees who used paid sick
leave for leave periods covering more than 3
consecutive workdays.
(2) Whether employees used paid sick leave to care for
illnesses or conditions caused by domestic violence against the
employees or their family members.
(3) The cost to employers of implementing paid sick leave
policies.
(4) The benefits to employers of implementing the policies,
including improvements in retention and absentee rates and
productivity.
(5) The cost to employees of providing certification issued
by a health care provider to obtain paid sick leave.
(6) The benefits of paid sick leave to employees and their
family members.
(7) Whether the provision of paid sick leave has affected
the ability of employees to care for their family members.
(8) Whether and in what way the provision of paid sick
leave affected the ability of employees to provide for their
health needs.
(9) Whether the provision of paid sick leave affected the
ability of employees to sustain an adequate income while
meeting health needs of the employees and their family members.
(10) Whether employers who administered paid sick leave
policies prior to the date of enactment of this Act were
affected by the provisions of this Act.
(11) Whether other types of leave were affected by this Act
including whether this Act affected--
(A) paid vacation leave;
(B) paid family or medical leave; or
(C) personal leave.
(12) Whether paid sick leave affected retention and
turnover.
(13) Whether paid sick leave increased the use of less
costly preventive medical care and lowered the use of emergency
room care.
(14) Whether paid sick leave reduced the number of children
sent to school when the children were sick.
(15) Whether paid sick leave reduced the costs of
presenteeism for employers.
(b) Aggregating Data.--The data collected under paragraphs (1),
(2), and (7) of subsection (a) shall be aggregated by gender, race,
disability, earnings level, age, marital status, and family type,
including parental status.
(c) Reports.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, 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
conducted pursuant to subsection (a) and the data aggregated
under subsection (b).
(2) Followup report.--Not later that 5 years after the date
of enactment of this Act the Comptroller General of the United
States shall prepare and submit a followup report to the
appropriate committees of Congress concerning the results of
the study conducted pursuant to subsection (a) and the data
aggregated under subsection (b).
SEC. 10. 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, or disability.
(b) State and Local Laws.--Nothing in this Act shall be construed
to supersede any provision of any State or local law that provides
greater paid sick leave or other leave rights than the rights
established under this Act.
SEC. 11. 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 rights to employees 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. 12. 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. 13. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not
later than 120 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
clause (i) or (ii) of section 4(2)(A).
(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.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 120 days after the date of
enactment of this Act, 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(2)(A)(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 120 days after the date of
enactment of this Act, 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(2)(A)(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 120 days after the date of
enactment of this Act, 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(2)(A)(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. 14. EFFECTIVE DATES.
(a) In General.--This Act shall take effect 1 year after the date
of issuance of regulations under section 13(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 13(a)(1).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4428)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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