[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1286 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1286
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 20, 2013
Ms. DeLauro (for herself, Ms. Pelosi, Mr. Schiff, Mr. Gene Green of
Texas, Mr. Nadler, Ms. Lee of California, Ms. Moore, Mr. Markey, Mr.
Rush, Ms. Norton, Ms. Slaughter, Mr. Sarbanes, Ms. Edwards, Mr.
Capuano, Mr. Cardenas, Ms. Schakowsky, Mr. Pallone, Mr. Moran, Ms.
Eddie Bernice Johnson of Texas, Mrs. Carolyn B. Maloney of New York,
Ms. Bonamici, Mr. Ryan of Ohio, Mr. Grijalva, Mr. McDermott, Ms.
Wasserman Schultz, Mr. Serrano, Mr. Waxman, Mr. Rangel, Ms. Schwartz,
Mr. Conyers, Mr. Carson of Indiana, Mr. Honda, Mrs. Kirkpatrick, Ms.
Chu, Mr. Tonko, Ms. Brown of Florida, Mr. Al Green of Texas, Mr.
Gutierrez, Ms. Meng, Ms. Tsongas, Mr. Ben Ray Lujan of New Mexico, Mr.
Langevin, Mr. Clay, Mr. Lewis, Mr. Payne, Mr. Larson of Connecticut,
Mr. Lynch, Mr. Johnson of Georgia, Mr. Ellison, Mr. George Miller of
California, Mr. Polis, Mr. Deutch, Mrs. Napolitano, Mr. Sherman, Mr.
Van Hollen, Ms. Esty, Ms. McCollum, Mr. Cleaver, Mr. McGovern, Ms.
Linda T. Sanchez of California, Mr. Himes, Mrs. Capps, Mr. Peters of
Michigan, Mr. Pocan, Ms. Castor of Florida, Ms. Hahn, Mr. Price of
North Carolina, Ms. Kaptur, Ms. Wilson of Florida, Mr. Brady of
Pennsylvania, Mr. Cohen, Ms. Shea-Porter, Ms. Clarke, Mr. Delaney, Mr.
Veasey, Mr. Swalwell of California, Mr. Larsen of Washington, Mr. Holt,
Mr. Yarmuth, Mr. Danny K. Davis of Illinois, Mr. Courtney, Mr. Keating,
Mr. Jeffries, Ms. Speier, Mr. Blumenauer, Mr. Hastings of Florida, Ms.
Roybal-Allard, Mr. Huffman, Ms. Pingree of Maine, Ms. Eshoo, Ms.
Lofgren, Mr. Takano, Ms. Fudge, Ms. Matsui, and Ms. Titus) 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 Government Reform, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To allow Americans to earn paid sick time so that they can address
their own health needs and the health needs of their families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Families Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Working Americans need time to meet their own health
care needs and to care for family members, including their
children, spouse, domestic partner, parents (including parents-
in-law), and other children and adults for whom they are
caregivers.
(2) Health care needs include preventive health care,
diagnostic procedures, medical treatment, and recovery in
response to short- and long-term illnesses and injuries.
(3) Providing employees time off to meet health care needs
ensures that they will be healthier in the long run. Preventive
care helps avoid illnesses and injuries and routine medical
care helps detect illnesses early and shorten their duration. A
2012 study published by BioMed Central Public Health of results
of the National Health Interview Survey found that lack of paid
sick leave is a barrier to receiving cancer screenings and
preventive care. Workers with paid sick leave were more likely
to have a mammogram, Pap test, or endoscopy, and were more
likely to have visited a doctor in the previous year, than
workers without paid sick leave, even when the results were
adjusted for sociodemographic factors.
(4) When parents are available to care for their children
who become sick, children recover faster, more serious
illnesses are prevented, and children's overall mental and
physical health improve. In a 2009 study published in the
American Journal of Public Health, 81 percent of parents of a
child with special health care needs reported that taking leave
from work to be with their child had a ``good'' or ``very
good'' effect on their child's physical health. Similarly, 85
percent of parents of such a child found that taking such leave
had a ``good'' or ``very good'' effect on their child's
emotional health.
(5) When parents cannot afford to miss work and must send
children with contagious illnesses to child care centers or
schools, infection can spread rapidly through child care
centers and schools.
(6) Providing paid sick time improves public health by
reducing infectious disease. Policies that make it easier for
sick adults and children to be isolated at home reduce the
spread of infectious disease. A 2012 study published in the
American Journal of Public Health found that a lack of
workplace policies like paid sick days contributed to an
additional 5,000,000 cases of influenza-like illness during the
H1N1 pandemic of 2009.
(7) Routine medical care reduces medical costs by detecting
and treating illness and injury early, decreasing the need for
emergency care. These savings benefit public and private payers
of health insurance, including private businesses. A 2011 study
by the Institute for Women's Policy Research found that a
universal paid sick days policy would reduce preventable visits
to the emergency room and result in cost savings of
$1,100,000,000 per year, including $500,000,000 in savings for
public health insurance like Medicaid.
(8) The provision of individual and family sick time by
large and small businesses, both here in the United States and
elsewhere, demonstrates that policy solutions are both feasible
and affordable in a competitive economy. A 2009 study by the
Center for Economic and Policy Research found that, of 22
countries with comparable economies, the United States was 1 of
only 3 countries that did not provide any paid time off for
workers with short-term illnesses.
(9) Measures that ensure that employees are in good health
and do not need to worry about unmet family health problems
help businesses by promoting productivity and reducing employee
turnover.
(10) The American Productivity Audit completed in 2003
found that lost productivity due to illness costs
$226,000,000,000 annually, and that 71 percent of that cost
stems from presenteeism, the practice of employees coming to
work despite illness. Studies in the Journal of Occupational
and Environmental Medicine, the Employee Benefit News, and the
Harvard Business Review show that presenteeism is a larger
productivity drain than either absenteeism or short-term
disability.
(11) Working while sick also increases a worker's
probability of suffering an injury on the job. A 2012 study
published by the American Journal of Public Health found that
workers with access to paid sick leave were 28 percent less
likely than workers without paid sick leave to suffer nonfatal
occupational injuries.
(12) The absence of paid sick time has forced Americans to
make untenable choices between needed income and jobs on the
one hand and caring for their own and their family's health on
the other.
(13) Nearly 40 percent of the private sector workforce, and
25 percent of the public sector workforce, lacks paid sick
time. Another 4,000,000 theoretically have access to sick time,
but have not been on the job long enough to use it. Millions
more lack sick time they can use to care for a sick child or
ill family member.
(14)(A) Workers' access to paid sick time varies
dramatically by wage level.
(B) For private sector workers--
(i) for workers in the lowest quartile of earners,
71 percent lack paid sick time;
(ii) for workers in the next 2 quartiles, 36 and 25
percent, respectively, lack paid sick time; and
(iii) even for workers in the highest quartile, 16
percent lack paid sick time.
(C) For public sector workers--
(i) for workers in the lowest quartile of earners,
25 percent lack paid sick time;
(ii) for workers in the next 2 quartiles, 7 percent
lack paid sick time; and
(iii) for workers in the highest quartile, 2
percent lack paid sick time.
(D) In addition, millions of workers cannot use paid sick
time to care for ill family members.
(15) Due to the roles of men and women in society, the
primary responsibility for family caregiving often falls on
women, and such responsibility affects the working lives of
women more than it affects the working lives of men.
(16) An increasing number of men are also taking on
caregiving obligations, and men who request paid time for
caregiving purposes are often denied accommodation or penalized
because of stereotypes that caregiving is only ``women's
work''.
(17) Employers' reliance on persistent stereotypes about
the ``proper'' roles of both men and women in the workplace and
in the home continues a cycle of discrimination and fosters
stereotypical views about women's commitment to work and their
value as employees.
(18) Employment standards that apply to only one gender
have serious potential for encouraging employers to
discriminate against employees and applicants for employment
who are of that gender.
(19) It is in the national interest to ensure that all
Americans can care for their own health and the health of their
families while prospering at work.
(20) Nearly 1 in 3 American women report physical or sexual
abuse by a husband or boyfriend at some point in their lives.
Domestic violence also affects men. Women account for about 85
percent of the victims of domestic violence and men account for
approximately 15 percent of the victims. Therefore, women
disproportionately need time off to care for their health or to
find solutions, such as obtaining a restraining order or
finding housing, to avoid or prevent physical or sexual abuse.
(21) One study showed that 85 percent of domestic violence
victims at a women's shelter who were employed missed work
because of abuse. The mean number of days of paid work lost by
a rape victim is 8.1 days, by a victim of physical assault is
7.2 days, and by a victim of stalking is 10.1 days. Nationwide,
domestic violence victims lose almost 8,000,000 days of paid
work per year.
(22) Without paid sick days that can be used to address the
effects of domestic violence, these victims are in grave danger
of losing their jobs. One survey found that 96 percent of
employed domestic violence victims experienced problems at work
related to the violence. The Government Accountability Office
similarly found that 24 to 52 percent of victims report losing
a job due, at least in part, to domestic violence. The loss of
employment can be particularly devastating for victims of
domestic violence, who often need economic security to ensure
safety.
(23) The Centers for Disease Control and Prevention has
estimated that domestic violence costs over $700,000,000
annually due to the victims' lost productivity in employment.
(24) Efforts to assist abused employees result in positive
outcomes for employers as well as employees because employers
can retain workers who might otherwise be compelled to leave.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that all working Americans can address their
own health needs and the health needs of their families by
requiring employers to permit employees to earn up to 56 hours
of paid sick time including paid time for family care;
(2) to diminish public and private health care costs by
enabling workers to seek early and routine medical care for
themselves and their family members;
(3) to assist employees who are, or whose family members
are, victims of domestic violence, sexual assault, or stalking,
by providing the employees with paid time away from work to
allow the victims to receive treatment and to take the
necessary steps to ensure their protection;
(4) to address the historical and persistent widespread
pattern of employment discrimination on the basis of gender by
both private and public sector employers;
(5) to accomplish the purposes described in paragraphs (1)
through (4) in a manner that is feasible for employers; and
(6) consistent with the provision of the 14th Amendment to
the Constitution relating to equal protection of the laws, and
pursuant to Congress' power to enforce that provision under
section 5 of that Amendment--
(A) to accomplish the purposes described in
paragraphs (1) through (4) in a manner that minimizes
the potential for employment discrimination on the
basis of sex by ensuring generally that paid sick time
is available for eligible medical reasons on a gender-
neutral basis; and
(B) to promote the goal of equal employment
opportunity for women and men.
SEC. 4. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a child of a domestic partner, a
legal ward, or a child of a person standing in loco parentis,
who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-
care because of a mental or physical disability.
(2) Domestic partner.--The term ``domestic partner'' means
the person recognized as being in a relationship with an
employee under any domestic partnership, civil union, or
similar law of the State or political subdivision of a State in
which the employee resides.
(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 (42 U.S.C. 13925(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.
(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) is engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 15 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
calendar year;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer to any
of the employees of such
employer; and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(III), a public agency shall be considered
to be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' mean any activity,
business, or industry in commerce or in
which a labor dispute would hinder or
obstruct commerce or the free flow of
commerce, and include ``commerce'' and
any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of
section 501 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (1)
and (3)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Health care provider.--The term ``health care
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the
Secretary to be capable of providing health care
services; and
(B) is not employed by an employer for whom the
provider issues certification under this Act.
(8) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by an
employee for use during an absence from employment for any of
the reasons described in paragraphs (1) through (4) of section
5(b).
(9) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, parent-in-law, parent of a domestic partner, or a
legal guardian or other person who stood in loco parentis to an
employee when the employee was a child.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(11) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
(12) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the employee resides.
(13) 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).
(14) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 13925(a)).
(15) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
SEC. 5. PROVISION OF PAID SICK TIME.
(a) Accrual of Paid Sick Time.--
(1) In general.--An employer shall permit each employee
employed by the employer to earn not less than 1 hour of paid
sick time for every 30 hours worked, to be used as described in
subsection (b). An employer shall not be required to permit an
employee to earn, under this section, more than 56 hours of
paid sick time in a calendar 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 section, an employee who is
exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be assumed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid sick time based upon that
normal work week.
(3) Dates of accrual and use.--Employees shall begin to
earn paid sick time under this section at the commencement of
their employment. An employee shall be entitled to use the
earned paid sick time beginning on the 60th calendar day
following commencement of the employee's employment. After that
60th calendar day, the employee may use the paid sick time as
the time is earned. An employer may, at the discretion of the
employer, loan paid sick time to an employee in advance of the
earning of such time under this section by such employee.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this section shall
carry over from 1 calendar year to the next.
(B) Construction.--This Act shall not be construed
to require an employer to permit an employee to accrue
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 section and
that may be used for the same purposes and under the same
conditions as the purposes and conditions outlined in
subsection (b) shall not be required to permit an employee to
earn additional paid sick time under this section.
(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. 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.
(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 worker to
cover the hours during which the employee is using paid sick
time.
(b) Uses.--Paid sick time earned under this section may be used by
an employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship, who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
and
(B) in the case of someone who is not a child, is
otherwise in need of care.
(4) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the
employee's child, parent, spouse, domestic partner, or
an individual related to the employee as described in
paragraph (3), to recover from physical or
psychological injury or disability caused by domestic
violence, sexual assault, or stalking;
(B) obtain or assist a related person described in
paragraph (3) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (3) in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Scheduling.--An employee shall make a reasonable effort to
schedule a period of paid sick time under this Act in a manner that
does not unduly disrupt the operations of the employer.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the
oral or written request of an employee. Such request shall--
(A) include the expected duration of the period of
such time;
(B) in a case in which the need for such period of
time is foreseeable at least 7 days in advance of such
period, be provided at least 7 days in advance of such
period; and
(C) otherwise, be provided as soon as practicable
after the employee is aware of the need for such
period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraph
(C), an employer may require that a request for
paid sick time under this section for a purpose
described in paragraph (1), (2), or (3) of
subsection (b) be supported by a certification
issued by the health care provider of the
eligible employee or of an individual described
in subsection (b)(3), as appropriate, if the
period of such time covers more than 3
consecutive workdays.
(ii) Timeliness.--The employee shall
provide a copy of such certification to the
employer in a timely manner, not later than 30
days after the first day of the period of time.
The employer shall not delay the commencement
of the period of time on the basis that the
employer has not yet received the
certification.
(B) Sufficient certification.--
(i) In general.--A certification provided
under subparagraph (A) shall be sufficient if
it states--
(I) the date on which the period of
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (ii); and
(IV)(aa) for purposes of paid sick
time under subsection (b)(1), a
statement that absence from work is
medically necessary;
(bb) for purposes of such time
under subsection (b)(2), the dates on
which testing for a medical diagnosis
or care is expected to be given and the
duration of such testing or care; and
(cc) for purposes of such time
under subsection (b)(3), in the case of
time to care for someone who is not a
child, a statement that care is needed
for an individual described in such
subsection, and an estimate of the
amount of time that such care is needed
for such individual.
(ii) Limitation.--In issuing a
certification under subparagraph (A), a health
care provider shall make reasonable efforts to
limit the medical facts described in clause
(i)(III) that are disclosed in the
certification to the minimum necessary to
establish a need for the employee to utilize
paid sick time.
(C) Regulations.--Regulations prescribed under
section 13 shall specify the manner in which an
employee who does not have health insurance shall
provide a certification for purposes of this paragraph.
(D) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this Act shall be construed to require a
health care provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act 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
1 of the following forms of documentation:
(i) A police report indicating that the
employee, or a member of the employee's family
described in subsection (b)(4), was a victim of
domestic violence, sexual assault, or stalking.
(ii) A court order protecting or separating
the employee or a member of the employee's
family described in subsection (b)(4) from the
perpetrator of an act of domestic violence,
sexual assault, or stalking, or other evidence
from the court or prosecuting attorney that the
employee or a member of the employee's family
described in subsection (b)(4) has appeared in
court or is scheduled to appear in court in a
proceeding related to domestic violence, sexual
assault, or stalking.
(iii) Other documentation signed by an
employee or volunteer working for a victim
services organization, an attorney, a police
officer, a medical professional, a social
worker, an antiviolence counselor, or a member
of the clergy, affirming that the employee or a
member of the employee's family described in
subsection (b)(4) is a victim of domestic
violence, sexual assault, or stalking.
(B) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subclauses (III) and (IV) of
subparagraph (B)(i) and subparagraph (B)(ii) of
such paragraph shall not apply;
(ii) the certification shall state the
reason that the leave is required with the
facts to be disclosed limited to the minimum
necessary to establish a need for the employee
to be absent from work, and the employee shall
not be required to explain the details of the
domestic violence, sexual assault, or stalking
involved; and
(iii) with respect to confidentiality under
subparagraph (D) of such paragraph, any
information provided to the employer under this
paragraph shall be confidential, except to the
extent that any disclosure of such information
is--
(I) requested or consented to in
writing by the employee; or
(II) otherwise required by
applicable Federal or State law.
SEC. 6. POSTING REQUIREMENT.
(a) In General.--Each employer shall post and keep posted a notice,
to be prepared or approved in accordance with procedures specified in
regulations prescribed under section 13, setting forth excerpts from,
or summaries of, the pertinent provisions of this Act including--
(1) information describing paid sick time available to
employees under this Act;
(2) information pertaining to the filing of an action under
this Act;
(3) the details of the notice requirement for a foreseeable
period of time under section 5(d)(1)(B); and
(4) information that describes--
(A) the protections that an employee has in
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section 8)
if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; or
(2) in employee handbooks.
(c) Violation; Penalty.--Any employer who willfully violates the
posting requirements of this section shall be subject to a civil fine
in an amount not to exceed $100 for each separate offense.
SEC. 7. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this Act,
including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
Act;
(B) using the taking of paid sick time under this
Act as a negative factor in an employment action, such
as hiring, promotion, 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. 8. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection:
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 4(4);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
4(5)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this Act, or any regulation or order
issued under this Act, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this Act in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this Act or any regulation or order issued pursuant
to this Act, or is investigating a charge pursuant to
paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) Liability.--Any employer who violates section 7
(including a violation relating to rights provided
under section 5) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 56 hours of wages or salary
for the employee or individual;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 7 (including a violation
relating to rights provided under section 5) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (3)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 7 (including
a willful violation relating to rights provided under
section 5), such action may be brought within 3 years
of the date of the last event constituting the alleged
violation for which such action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 7 (including
a violation relating to rights provided under section
5), including the restraint of any withholding of
payment of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to employees or individuals eligible under this
Act; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this Act
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this Act against an employee described in
section 4(4)(C).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this Act against an employee described in section 4(4)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an employee
described in section 4(4)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment to the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
Act for equitable, legal, or other relief authorized under this
Act.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(3), for
injunctive relief that is authorized under this Act. In such a
suit the court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this Act, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information.--Effective 90 days after the date
of enactment of this Act, the Commissioner of Labor Statistics shall
annually compile information on the following:
(1) The number of employees who used paid sick time.
(2) The number of hours of paid sick time used.
(3) The number of employees who used paid sick time for
absences necessary due to domestic violence, sexual assault, or
stalking.
(4) The demographic characteristics of employees who were
eligible for and who used paid sick time.
(b) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall annually conduct a study to determine the
following:
(A)(i) The number of days employees used paid sick
time and the reasons for the use.
(ii) The number of employees who used the paid sick
time for periods of time covering more than 3
consecutive workdays.
(B) The cost and benefits to employers of
implementing the paid sick time policies.
(C) The cost to employees of providing
certification to obtain the paid sick time.
(D) The benefits of the paid sick time to employees
and their family members, including effects on
employees' ability to care for their family members or
to provide for their own health needs.
(E) Whether the paid sick time affected employees'
ability to sustain an adequate income while meeting
needs of the employees and their family members.
(F) Whether employers who administered paid sick
time policies prior to the date of enactment of this
Act were affected by the provisions of this Act.
(G) Whether other types of leave were affected by
this Act.
(H) Whether paid sick time affected retention and
turnover and costs of presenteeism.
(I) Whether the paid sick time increased the use of
less costly preventive medical care and lowered the use
of emergency room care.
(J) Whether the paid sick time reduced the number
of children sent to school when the children were sick.
(2) Disaggregating data.--The data collected under
subparagraphs (A) and (D) of paragraph (1) shall be
disaggregated by gender, race, disability, earnings level, age,
marital status, family type, including parental status, and
industry.
(3) Reports.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General
of the United States shall prepare and submit a report
to the appropriate committees of Congress concerning
the results of the study conducted pursuant to
paragraph (1) and the data aggregated under paragraph
(2).
(B) Followup report.--Not later than 5 years after
the date of enactment of this Act, the Comptroller
General of the United States shall prepare and submit a
followup report to the appropriate committees of
Congress concerning the results of the study conducted
pursuant to paragraph (1) and the data aggregated under
paragraph (2).
SEC. 10. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this Act
shall be construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, 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. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this Act shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid sick leave 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. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act shall be construed to discourage employers from
adopting or retaining leave policies more generous than policies that
comply with the requirements of this Act.
SEC. 13. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not
later than 180 days after the date of enactment of this Act,
the Secretary shall prescribe such regulations as are necessary
to carry out this Act with respect to employees described in
subparagraph (A) or (B) of section 4(4) and other individuals
affected by employers described in subclause (I) or (II) of
section 4(5)(A)(i).
(2) Government accountability office; library of
congress.--The Comptroller General of the United States and the
Librarian of Congress shall prescribe the regulations with
respect to employees of the Government Accountability Office
and the Library of Congress, respectively, and other
individuals affected by the Comptroller General of the United
States and the Librarian of Congress, respectively.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under section 13(a), the Board of
Directors of the Office of Compliance shall prescribe (in
accordance with section 304 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary
to carry out this Act with respect to employees described in
section 4(4)(C) and other individuals affected by employers
described in section 4(5)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under section 13(a), the President (or
the designee of the President) shall prescribe such regulations
as are necessary to carry out this Act with respect to
employees described in section 4(4)(D) and other individuals
affected by employers described in section 4(5)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Not later than 90 days after the Secretary
prescribes regulations under section 13(a), the Director of the
Office of Personnel Management shall prescribe such regulations
as are necessary to carry out this Act with respect to
employees described in section 4(4)(E) and other individuals
affected by employers described in section 4(5)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
SEC. 14. EFFECTIVE DATES.
(a) Effective Date.--This Act shall take effect 6 months after the
date of issuance of regulations under section 13(a)(1).
(b) Collective Bargaining Agreements.--In the case of a collective
bargaining agreement in effect on the effective date prescribed by
subsection (a), this Act shall take effect on the earlier of--
(1) the date of the termination of such agreement; or
(2) the date that occurs 18 months after the date of
issuance of regulations under section 13(a)(1).
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