No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3409
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
May 17, 2023
Ms. DeLauro (for herself, Mr. Schiff, Mr. Carson, Ms. Kuster, Ms.
Pressley, Ms. Lee of California, Mr. Foster, Mrs. Watson Coleman, Mr.
Boyle of Pennsylvania, Mr. Ruppersberger, Ms. Pingree, Mr. Deluzio, Mr.
Davis of Illinois, Mr. Phillips, Ms. Ross, Mr. Kilmer, Mr. Beyer, Mr.
Payne, Mr. Norcross, Mr. Evans, Mr. Blumenauer, Ms. Norton, Ms.
Slotkin, Mr. Cleaver, Mr. Connolly, Mrs. Napolitano, Mr. Casar, Ms.
Omar, Mr. Bowman, Mr. Raskin, Ms. Schakowsky, Mr. Huffman, Mr.
Moskowitz, Mr. Nadler, Mr. Garcia of Illinois, Ms. Tokuda, Mr.
Courtney, Mr. Neguse, Mr. Larson of Connecticut, Mr. Sarbanes, Mr.
Morelle, Mrs. Beatty, Mr. Vargas, Ms. Chu, Ms. Brownley, Ms. Castor of
Florida, Ms. Porter, Mr. Mullin, Ms. Underwood, Ms. Sanchez, Ms. Blunt
Rochester, Mr. Doggett, Ms. Lois Frankel of Florida, Mrs. McBath, Ms.
Kaptur, Mr. DeSaulnier, Mr. Pocan, Ms. Scanlon, Mr. McGarvey, Ms.
Barragan, Ms. Williams of Georgia, Ms. Budzinski, Mr. Tonko, Ms.
Jayapal, Ms. Tlaib, Mr. Menendez, Ms. Kelly of Illinois, Mr. Carbajal,
Ms. Jacobs, Mr. Peters, Mr. Magaziner, Mr. Moulton, Ms. Jackson Lee,
Mr. Lynch, Ms. Lee of Pennsylvania, Ms. DelBene, Ms. Bonamici, Mr.
Lieu, Mr. Cardenas, Mr. Nickel, and Ms. Lofgren) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on House
Administration, and Oversight and Accountability, 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. 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) 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)).
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
2 individuals, each at least 18 years of age, in which
each individual is the other individual's sole domestic
partner and both individuals share responsibility for a
significant measure of each other's common welfare. The
term includes any such relationship between 2
individuals, including individuals of the same sex,
that is granted legal recognition by a State or
political subdivision of a State as a marriage or
analogous relationship, including a civil union or
domestic partnership.
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant funding'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located. Such term also includes ``dating
violence'', as that term is defined in such section.
(5) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under any other provision
of this paragraph, 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 paragraph
(6)(A)(i)(I);
(ii) an employee of the Government Accountability
Office; or
(iii) an employee of a covered employer described
in paragraph (6)(B)(i)(V) who performs work that has
been traditionally performed by employees in a railroad
industry craft or class recognized under the Ninth
paragraph of section 2 of the Railway Labor Act (45
U.S.C. 152), including any employee who performs--
(I) work with respect to the movement of
trains;
(II) maintenance of way work;
(III) signal work;
(IV) work for purposes of the inspection,
maintenance, repair, or cleaning of
locomotives, rail maintenance facilities, rail-
related equipment, or rail cars;
(V) dispatching work;
(VI) work with respect to the movement of
equipment within a rail yard; or
(VII) rail clerical or communications work;
(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 (without regard to the limitation in section
6381(1)(B) of that title).
(6) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(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).
(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, to
which the special rule in paragraph (3)
of section 3(a) applies;
(III) means the Government
Accountability Office and the Library
of Congress;
(IV) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of such an employer;
and
(V) includes any rail carrier.
(ii) Public agency.--For purposes of clause
(i), a public agency, as defined in section
3(x) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)), 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) Employee.--The term
``employee'' has the meaning given such
term in section 3(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(e)).
(II) Person.--The term ``person''
has the meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(III) 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.
(C) Predecessors.--Any reference in this paragraph
to an employer, including such a smaller employer,
shall include a reference to any predecessor of such
employer.
(7) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to 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)).
(8) 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.
(9) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) 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
3(b); and
(B) is compensated at a rate that is not less than
the greater of--
(i) the regular rate of pay of the
employee;
(ii) the rate specified in section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)); or
(iii) the rate specified in the applicable
State or local minimum wage law.
(10) 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.
(11) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) 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)).
(14) 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.
(15) 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)).
(16) 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).
(17) Unpaid sick time.--The term ``unpaid sick time'' means
the leave earned and used in the same manner and under the same
conditions and procedures as paid sick time for the purposes of
this Act, except that no compensation shall be paid.
(18) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
SEC. 3. 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
this section. 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 deemed 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, as defined in section 2(6)(B)(iii), 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 and procedures 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 such smaller employers, be deemed to be
references to unpaid sick time.
(4) Dates for beginning to earn paid sick time and use.--
Except as provided in the second sentence of paragraph (8),
employees shall begin to earn paid sick time under this section
at the commencement of their employment. Except as provided in
such sentence, 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 in a
calendar year.
(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 and procedures as the purposes, conditions, and
procedures described in this section 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 subsection (a) 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) is required to attend--
(i) in the case of someone who is a child,
a school meeting; or
(ii) a meeting at a place where the child,
parent, spouse, domestic partner, or such other
individual is receiving care necessitated by a
health condition or disability of the child,
parent, spouse, domestic partner, or such other
individual;
(C) is in need of care and is typically cared for
by an individual who is unable to provide care because
the individual has any of conditions or needs for
diagnosis or care described in paragraph (1) or (2); or
(D) 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 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 in
obtaining services from a victim services organization;
(C) obtain or assist 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 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; and
(B)(i) 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; or
(ii) 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.--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; and
(iii)(I) for purposes of paid sick time
under subsection (b)(1), a statement that
absence from work is medically necessary;
(II) 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
(III) 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.
(C) 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.
(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
a form of documentation described in subparagraph (B)
if the period of such time covers more than 3
consecutive workdays.
(B) Form of documentation.--A form of documentation
described in this subparagraph is any one of the
following:
(i) A police report indicating that the
employee, or an individual described in
subsection (b)(4)(A) with respect to the
employee, was a victim of domestic violence,
sexual assault, or stalking.
(ii) A court order protecting or separating
the employee, or such an individual with
respect to the employee, 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
an individual described in subsection (b)(4)(A)
with respect to the employee, 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
an individual described in subsection (b)(4)(A)
with respect to the employee, is a victim of
domestic violence, sexual assault, or stalking.
(C) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subparagraph (B)(iii) 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.
(D) Specification of documentation.--An employer
may not specify which of the forms of documentation
described in clause (i), (ii), or (iii) of subparagraph
(B) is required to be provided in order to satisfy the
requirement under subparagraph (A).
SEC. 4. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each employee and
include in any employee handbook, information--
(1) describing paid sick time available to employees under
this Act;
(2) pertaining to the filing of an action under this Act;
(3) on the details of the notice requirement for a
foreseeable period of time under section 3(d)(1)(B)(i); and
(4) 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) Posting of Notice.--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 the information described in paragraphs (1) through (4) of
subsection (a).
(c) Location.--The notice described under subsection (b) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; and
(2) in employee handbooks.
(d) Violation; Penalty.--Any employer who willfully violates
subsection (b) 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 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. 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(5);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
2(6)(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 by an employer.
(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 an
employee or individual or a representative for and on
behalf of--
(i) the employee or individual; or
(ii) the employee or individual 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;
(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 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 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 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 2(5)(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(5)(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(5)(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. EDUCATION AND OUTREACH.
(a) In General.--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.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out such campaign.
SEC. 8. 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 and report
to the Comptroller General of the United States information on--
(1) the amount of paid and unpaid sick time available to
employees by occupation and type of employment establishment;
and
(2) an estimate of the average sick time used by employees
according to occupation and the type of employment
establishment.
(b) GAO Study.--
(1) In general.--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.
(2) Report.--Upon completion of the study required by
paragraph (1), 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).
(c) Report on Rail Carrier Enforcement.--Not later than 3 years
after the date of enactment of this Act, the Secretary shall submit a
report to Congress on any action by the Secretary under section 6(a)
with respect to employers described in section 2(6)(B)(i)(V) providing
paid sick time to employees described in section 2(5)(A)(iii).
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), 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(5) and other individuals
affected by employers described in subclause (I) or (II) of
section 2(6)(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 2(5)(C) and other individuals affected by employers
described in section 2(6)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this 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 2(5)(D) and other individuals
affected by employers described in section 2(6)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this 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 2(5)(E) and other individuals
affected by employers described in section 2(6)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this 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. 13. EFFECTIVE DATES.
(a) Effective Date.--This Act shall take effect 6 months after the
date of issuance of regulations under section 12(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;
(2) the date of any amendment, made on or after such
effective date, to such agreement; or
(3) the date that occurs 18 months after the date of
issuance of regulations under section 12(a)(1).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, and Oversight and Accountability, 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 the Workforce, and in addition to the Committees on House Administration, and Oversight and Accountability, 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 the Workforce, and in addition to the Committees on House Administration, and Oversight and Accountability, 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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