Paid Sick Days for Public Health Emergencies and Personal and Family Care Act
This bill expands the availability of paid sick time by requiring employers with at least one employee to provide a minimum amount of accrued paid sick time per work week and additional paid sick time in the event of a public-health emergency such as the coronavirus (i.e., the virus that causes COVID-19).
Specifically, the bill requires employers to grant at least 1 hour of accrued paid sick time to each employee for every 30 hours worked, up to a minimum of 56 hours, or 7 days, of paid sick time per year. Accrued paid sick time may be used for, among other reasons, an absence from work that is taken (1) due to a medical condition or illness or for the diagnosis, care, or prevention thereof; (2) to care for a child, spouse, domestic partner, parent, or other close relative with a medical condition or illness, or for the diagnosis or prevention thereof; (3) during a public-health emergency when the employee's workplace has been closed or the employee has been exposed to a communicable disease and may pose a risk to others; or (4) to care for a child or close relative during such public-health emergency, if such relative has been exposed to a communicable disease or the child's school has been closed.
Further, employees are immediately entitled to up to 14 days of additional paid sick time if a public-health emergency is declared. This additional paid sick time may be used during the public-health emergency for the same purposes as accrued paid sick time.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6150 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6150
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
March 9, 2020
Ms. DeLauro (for herself, Ms. Schakowsky, Mr. Ryan, Mr. Nadler, Ms.
Norton, Mrs. Lowey, Mr. Takano, Ms. Pressley, Ms. Lee of California,
Ms. Speier, Ms. Kaptur, Mrs. McBath, Mrs. Hayes, Mr. Hastings, Mr.
Foster, Ms. Wasserman Schultz, Ms. Pingree, Ms. Frankel, Mrs. Lawrence,
Mr. Khanna, Mr. Smith of Washington, Mr. Larson of Connecticut, Ms.
Brownley of California, Mr. Soto, Mr. Espaillat, Mr. Suozzi, Mr. Beyer,
Mr. Cleaver, Mr. Rush, Mr. Schiff, Mr. Gomez, Mr. Pascrell, Ms.
Bonamici, Mr. Panetta, Mr. Blumenauer, Ms. Sanchez, Mr. Levin of
Michigan, Mr. Engel, Mr. Kilmer, Mr. Lowenthal, Ms. Judy Chu of
California, Mr. Raskin, Mr. Bera, Ms. Wexton, Ms. Omar, Mrs. Carolyn B.
Maloney of New York, Mr. DeSaulnier, Mrs. Dingell, Ms. Fudge, Mr. Sean
Patrick Maloney of New York, Mr. Langevin, and Ms. Mucarsel-Powell)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committees on House
Administration, Oversight and Reform, and the Judiciary, 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 ``Paid Sick Days for Public Health
Emergencies and Personal and Family Care Act''.
SEC. 2. 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.
(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 1 or
more employees;
(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)(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) 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--
(A) can be--
(i) earned by an employee for use during an
absence from employment for a reason described
in any paragraph of section 3(b); or
(ii) provided by an employer during a
public health emergency for use during an
absence from employment for a reason described
in any paragraph of section 3(b); and
(B) is compensated at a rate that is not less than
the greatest of--
(i) the employee'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 employee is employed.
(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) Public health emergency.--The term ``public health
emergency'' means a public health emergency declared by the
Secretary of Health and Human Services for a jurisdiction, or
by a State public health official with authority to declare
such an emergency for the State or jurisdiction within the
State.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) 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)).
(13) 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.
(14) 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)).
(15) 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).
(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. 3. PAID SICK TIME.
(a) Earning of Paid Sick Time.--
(1) In general.--Subject to subsection (c), 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
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.--Employees shall begin to earn paid
sick time under this subsection 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.
(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, an employee may immediately
use the additional or accrued paid sick time described
in subsection (c), regardless of how long the employee
has been employed by 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 an employee
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 an employee 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 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.
(7) 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 under
this subsection. The employee shall be entitled to use the
earned paid sick time and earn more paid sick time at the
recommencement of employment with the employer.
(8) 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 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 resulting from the closure of an employee's
place of employment 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 that
the employee's presence in the community may jeopardize the
health of others because of the employee's exposure to a
communicable disease during a public health emergency,
regardless of whether the employee 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
employee is the equivalent of a family relationship--
(A) 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
(B) 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
employee 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 employee 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 employee or the
employee's child, parent, spouse, domestic partner, or
an individual related to the employee 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 employee of the
employer in that jurisdiction with additional paid sick time,
in addition to any amount of paid sick time accrued by the
employee under subsection (a) (including paid leave referred to
in subsection (a)(4)).
(2) Amount of paid sick time.--In receiving additional paid
sick time under paragraph (1), the employee shall receive--
(A) for a full-time salaried employee, a specified
amount of paid sick time that is sufficient to provide
the employee with 14 continuous days away from work
without a reduction in pay; and
(B) for a part-time or hourly employee, a specified
amount of paid sick time equal to the number of hours
that the employee was scheduled to work or, if not so
scheduled, regularly works in a 14-day period.
(3) Use of leave.--The additional sick time and accrued
sick time described in this subsection shall be available for
immediate use by the employee 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
employee has been employed by an employer.
(4) Sequencing.--During the public health emergency, an
employee may first use the additional sick time for those
purposes. The employee may then use the accrued sick time
during the public health emergency, or retain the accrued sick
time for use after the public health emergency. An employer may
not require an employee to use the accrued sick time, or any
other paid leave provided by the employer to the employee,
before using the additional sick time.
(5) Periods.--An employee may take the additional sick time
on the schedule that meets the employee'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 an employee to take the additional sick time in
a single period or on any other schedule specified by the
employer.
(d) Scheduling.--An employee shall make a reasonable effort to
schedule a period of accrued paid sick time under subsection (a) in a
manner that does not unduly disrupt the operations of the employer.
(e) 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 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 eligible employee 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 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)(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 employee to utilize
paid sick time.
(C) Public health emergencies.--No certification or
other documentation may be required under this Act by
an employer during any public health emergency.
(D) Regulations.--Regulations prescribed under
section 12 shall specify the manner in which an
employee 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 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)(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 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)(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
employee, or a member of the employee'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 employee or a member of the employee'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
employee or a member of the employee'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 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)(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 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 (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 employee; or
(II) otherwise required by
applicable Federal or State law.
SEC. 4. 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 12, 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(e)(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 6)
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. 5. 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 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 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. 6. 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 2(4);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
2(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 5
(including a violation relating to rights provided
under section 3) 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 section 3(c)(3),
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.
(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 5 (including a violation
relating to rights provided under section 3) 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 5 (including
a willful violation relating to rights provided under
section 3), 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 5 (including
a violation relating to rights provided under section
3), 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 subsection (a)(1) of section 202 of
that Act (2 U.S.C. 1312) 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 2(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 2(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 2(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. 7. 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. 8. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information.--The Commissioner of Labor
Statistics shall annually compile information on the following:
(1) The amount of paid 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. 9. 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. 10. 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. 11. 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. 12. 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 Act with
respect to employees described in subparagraph (A) or (B) of
section 2(4) and other individuals affected by employers
described in subclause (I) or (II) of section 2(5)(A)(i).
(2) Government accountability office; library of
congress.--Subject to subsection (e), 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.--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
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 2(4)(C) and other
individuals affected by employers described in section
2(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.--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 Act with respect to employees described in
section 2(4)(D) and other individuals affected by employers
described in section 2(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.--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 Act with respect to employees described in
section 2(4)(E) and other individuals affected by employers
described in section 2(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.
(e) Immediate Compliance.--The rights and responsibilities
specified in this Act shall take effect on the date of enactment of
this Act and employers and other persons subject to those
responsibilities shall comply immediately, without regard whether
regulations have been prescribed under this section.
SEC. 13. EFFECTIVE DATES.
(a) In General.--This Act takes 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 this Act (and in particular section 3(c) of this
Act) the public health emergency shall be considered to have been
declared on the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and the Judiciary, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and the Judiciary, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and the Judiciary, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and the Judiciary, 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.
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