[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4575 Introduced in House (IH)]

  2d Session
                                H. R. 4575

  To provide for paid sick leave to ensure that Americans can address 
     their own health needs and the health needs of their families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2004

 Ms. DeLauro (for herself, Ms. Baldwin, Mrs. Christensen, Mr. McNulty, 
Mr. Waxman, Ms. Solis, Mr. McDermott, Mr. Sanders, Ms. Schakowsky, Mr. 
Engel, Mr. Owens, Ms. Norton, Mr. Towns, Mr. Rangel, Ms. Corrine Brown 
of Florida, Mr. Kucinich, Mr. Grijalva, Mr. Delahunt, Mr. Serrano, Mr. 
 Lantos, Mr. Wynn, Mr. Oberstar, Mr. Gutierrez, Mr. Baca, Mr. Hastings 
   of Florida, Ms. Kilpatrick, Mr. Davis of Illinois, Mr. Jackson of 
Illinois, Mr. McGovern, Mr. Meeks of New York, Ms. Waters, Mr. Brady of 
Pennsylvania, Ms. Lee, Mr. Evans, Mr. George Miller of California, Ms. 
   McCollum, Mrs. McCarthy of New York, Ms. Millender-McDonald, Mrs. 
    Maloney, Mr. Hinchey, Ms. Jackson-Lee of Texas, Mr. Kildee, Mr. 
Emanuel, Mr. Sandlin, Ms. McCarthy of Missouri, Mr. Brown of Ohio, Mr. 
   Stark, Ms. Woolsey, and Mr. Larson of Connecticut) introduced the 
 following bill; which was referred to the Committee on Education and 
 the Workforce, and in addition to the Committees on Government Reform 
and House Administration, 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 provide for paid sick leave to ensure that Americans can address 
     their own health needs and the health needs of their families.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Families Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Working Americans need to take time off for their own 
        health care needs or to perform essential caretaking 
        responsibilities for a wide range of family members, including, 
        among others, their children, spouse, parents, and parents-in-
        law, and other children and adults for whom they are 
        caretakers.
            (2) Health care needs include preventive health care, 
        diagnostic procedures, medical treatment, and recovery in 
        response to short- and long-term illnesses and injuries.
            (3) Providing employees time off to tend to their own 
        health care needs ensures that they will be healthier in the 
        long run. Preventive care helps avoid illnesses and injuries 
        and routine medical care helps detect illnesses early and 
        shorten the duration of illnesses.
            (4) When parents are available to care for their children 
        who become sick, the children's recovery is faster, more 
        serious illnesses are prevented, and the children's overall 
        mental and physical health is improved. Parents who cannot 
        afford to miss work and must send children with a contagious 
        illness to child care or school contribute to the high rate of 
        infections in child care centers and schools.
            (5) Routine medical care results in savings by decreasing 
        medical costs by detecting and treating illness and injury 
        early, decreasing the need for emergency care. These savings 
        benefit public and private payers of health insurance, 
        including private businesses.
            (6) The provision of individual and family sick leave by 
        large and small businesses, both here in the United States and 
        elsewhere, demonstrates that policy solutions are both feasible 
        and affordable in a competitive economy. Measures that ensure 
        that employees are both in good health themselves and do not 
        need to worry about unmet family health problems help 
        businesses by promoting productivity and reducing employee 
        turnover.
            (7) The absence of sick leave has forced Americans to make 
        untenable choices between needed income and jobs on the one 
        hand and caring for their own and their family's health on the 
        other.
            (8) The majority of middle income Americans lack paid leave 
        for self-care or to care for a family member. Low-income 
        Americans are significantly worse off. Of the poorest families 
        (the lowest quartile), 76 percent lack regular sick leave. For 
        families in the next 2 quartiles, 63 percent and 54 percent, 
        respectively lack regular sick leave. Even in the highest 
        income quartile, 40 percent of families lack regular sick 
        leave. Less than \1/2\ of workers who have paid sick leave can 
        use it to care for ill children.
            (9) It is in the national interest to ensure that Americans 
        from all demographic groups can care for their own health and 
        the health of their families while prospering at work.
            (10) Due to the nature of the roles of men and women in 
        society, the primary responsibility for family caretaking often 
        falls on women, and such responsibility affects the working 
        lives of women more than it affects the working lives of men.
            (11) Although women are still primarily responsible for 
        family caretaking, an increasing number of men are taking on 
        caretaking obligations, and men who request leave time for 
        caretaking purposes are often penalized because of stereotypes 
        that caretaking is only ``women's work''.
            (12) Employers' reliance on persistent stereotypes about 
        the ``proper'' roles of both men and women in the workplace and 
        in the home hurts both men and women.
            (13) Employment standards that apply to only one gender 
        have serious potential for encouraging employers to 
        discriminate against employees and applicants for employment 
        who are of that gender.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that all working Americans can address their 
        own health needs and the health needs of their families by 
        requiring employers to provide a minimum level of paid sick 
        leave including leave for family care;
            (2) to diminish public and private health care costs by 
        enabling workers to seek early and routine medical care for 
        themselves and their family members;
            (3) to accomplish the purposes described in paragraphs (1) 
        and (2) in a manner that is feasible for employers;
            (4) to accomplish the purposes described in paragraphs (1) 
        and (2) in a manner that, consistent with the portion of the 
        14th amendment to the Constitution relating to equal protection 
        of the laws, minimizes the potential for employment 
        discrimination on the basis of sex by ensuring generally that 
        leave is available for eligible medical reasons on a gender-
        neutral basis; and
            (5) to promote the goal of equal employment opportunity for 
        women and men, pursuant to such clause.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' means a biological, foster, 
        or adopted child, a stepchild, a legal ward, or a child of a 
        person standing in loco parentis, who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable of self-
                care because of a mental or physical disability.
            (2) Employee.--The term ``employee'' means an individual--
                    (A) who is--
                            (i)(I) an employee (including an 
                        applicant), as defined in section 3(e) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(e)), who is not covered under clause (v), 
                        including such an employee of the Library of 
                        Congress, except that a reference in such 
                        section to an employer shall be considered to 
                        be a reference to an employer described in 
                        clauses (i)(I) and (ii) of paragraph (3)(A); or
                            (II) an employee (including an applicant) 
                        of the General Accounting Office;
                            (ii) a State employee (including an 
                        applicant) described in section 304(a) of the 
                        Government Employee Rights Act of 1991 (42 
                        U.S.C. 2000e-16c(a));
                            (iii) a covered employee (including an 
                        applicant), as defined in section 101 of the 
                        Congressional Accountability Act of 1995 (2 
                        U.S.C. 1301);
                            (iv) a covered employee (including an 
                        applicant), as defined in section 411(c) of 
                        title 3, United States Code; or
                            (v) an employee or applicant to which 
                        section 717(a) of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e-16(a)) applies, other than an 
                        employee or applicant of the General Accounting 
                        Office or the Library of Congress; and
                    (B) who, on a year-round basis, regularly works at 
                least 20 hours per week or, in the alternative, at 
                least 1,000 hours per year.
            (3) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who is--
                            (i)(I) an employer (as defined in section 
                        101(4) of the Family and Medical Leave Act of 
                        1993 (29 U.S.C. 2611(4))), who is not covered 
                        under clause (v), including the General 
                        Accounting Office and the Library of Congress, 
                        except that a reference in such section to 50 
                        or more employees shall be considered to be a 
                        reference to 15 or more employees;
                            (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 entity to which section 717(a) of 
                        the Civil Rights Act of 1964 applies, other 
                        than the General Accounting Office or the 
                        Library of Congress; and
                            (ii) is engaged in commerce (including 
                        government), in the production of goods for 
                        commerce, or in an enterprise engaged in 
                        commerce (including government) or in the 
                        production of goods for commerce.
                    (B) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (4) Employment benefits.--The term ``employment benefits'' 
        has the meaning given the term in section 101 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2611).
            (5) Health care professional.--The term ``health care 
        professional'' has the meaning given the term ``health care 
        provider'' in section 101 of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2611).
            (6) Parent.--The term ``parent'' means a biological, 
        foster, or adoptive parent of an employee, a stepparent of an 
        employee, or a legal guardian or other person who stood in loco 
        parentis to an employee when the employee was a child.
            (7) Pro rata.--The term ``pro rata'', with respect to 
        benefits offered to part-time employees, means the proportion 
        of each of the benefits offered to full-time employees that are 
        offered to part-time employees that, for each benefit, is equal 
        to the ratio of part-time hours worked to full-time hours 
        worked.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (9) Sick leave.--The term ``sick leave'' means an increment 
        of compensated leave provided by an employer to an employee as 
        a benefit of employment for use by the employee during an 
        absence from employment for any of the reasons described in 
        paragraphs (1) through (4) of section 5(d).
            (10) Spouse.--The term ``spouse'', with respect to an 
        employee, has the meaning given such term by the marriage laws 
        of the State in which the employee resides.

SEC. 5. PROVISION OF PAID SICK LEAVE.

    (a) In General.--An employer shall provide for each employee 
employed by the employer not less than--
            (1) 7 days of sick leave with pay annually for employees 
        working 30 or more hours per week; or
            (2) a pro rata number of days of sick leave with pay 
        annually for employees working less than--
                    (A) 30 hours per week on a year-round basis; or
                    (B) 1,500 hours throughout the year involved.
    (b) Accrual.--Sick leave provided for under this section shall 
accrue as determined appropriate by the employer, but not on less than 
a quarterly basis. Leave may be used as accrued or may be loaned by the 
employer to the employee in advance of accrual by such employee.
    (c) Calculation.--
            (1) Less than a full workday.--Unless the employer and 
        employee agree to designate otherwise, for periods of sick 
        leave that are less than a normal workday, that leave shall be 
        counted--
                    (A) on an hourly basis; or
                    (B) in the smallest increment that the employer's 
                payroll system uses to account for absences or use of 
                leave.
            (2) Variable schedule.--If the schedule of an employee 
        varies from week to week, a weekly average of the hours worked 
        over the 12-week period prior to the beginning of a sick leave 
        period shall be used to calculate the employee's normal 
        workweek for the purpose of determining the amount of sick 
        leave to which the employee is entitled.
    (d) Uses.--Sick leave accrued under this section may be used by an 
employee for any of the following:
            (1) An absence resulting from a physical or mental illness, 
        injury, or medical condition of the employee.
            (2) An absence resulting from obtaining professional 
        medical diagnosis or care, or preventive medical care, for the 
        employee subject to the requirement of subsection (e).
            (3) An absence for the purpose of caring for a child, a 
        parent, a spouse, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship, who has--
                    (A) any of the conditions or needs for diagnosis or 
                care described in paragraph (1) or (2); and
                    (B) in the case of someone who is not a child, is 
                otherwise in need of care.
    (e) Scheduling.--An employee shall make a reasonable effort to 
schedule leave under paragraphs (2) and (3) of subsection (d) in a 
manner that does not unduly disrupt the operations of the employer.
    (f) Certification.--
            (1) In general.--Paid sick leave shall be provided upon the 
        oral or written request of an employee. Such request shall--
                    (A) include a reason for the absence involved and 
                the expected duration of the leave;
                    (B) for foreseeable leave, be provided at least 7 
                days in advance of such leave; and
                    (C) for unforeseeable leave for which advance 
                notice cannot be given, be provided as soon as 
                practicable after the employee is aware of the need to 
                take such leave.
            (2) Certification.--
                    (A) Provision.--
                            (i) In general.--An employer may require 
                        that a request for leave for more than 3 
                        consecutive days be supported by a 
                        certification issued by the health care 
                        professional of the eligible employee or of an 
                        individual described in subsection (d)(3), as 
                        appropriate.
                            (ii) Timeliness.--The employee shall 
                        provide a copy of such certification to the 
                        employer in a timely manner, not later than 30 
                        days after the first day of the leave. The 
                        employer shall not delay the commencement of 
                        the leave on the basis that the employer has 
                        not yet received the certification.
                    (B) Sufficient certification.--
                            (i) In general.--A certification provided 
                        under subparagraph (A) shall be sufficient if 
                        it states--
                                    (I) the date on which the leave 
                                will be needed;
                                    (II) the probable duration of the 
                                leave;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                professional regarding the condition 
                                involved, subject to clause (ii); and
                                    (IV)(aa) for purposes of leave 
                                under subsection (d)(1), a statement 
                                that leave from work is medically 
                                necessary;
                                    (bb) for purposes of leave under 
                                subsection (d)(2), the dates on which 
                                testing for a medical diagnosis or 
                                treatment is expected to be given and 
                                the duration of such treatment or 
                                testing; and
                                    (cc) for purposes of leave under 
                                subsection (d)(3), in the case of leave 
                                to care for someone who is not a child, 
                                a statement that the eligible employee 
                                is needed to care for an individual 
                                described in such subsection, and an 
                                estimate of the amount of time that 
                                such employee is needed to care for 
                                such individual.
                            (ii) Limitation.--In issuing a 
                        certification under subparagraph (A), a health 
                        care professional shall make reasonable efforts 
                        to limit the medical facts described in clause 
                        (i)(III) that are disclosed in the 
                        certification to the minimum necessary to 
                        establish a need for the employee to utilize 
                        paid sick leave.
                    (C) Confidentiality and nondisclosure.--
                            (i) Protected health information.--Nothing 
                        in this Act shall be construed to require a 
                        health care professional to disclose 
                        information in violation of section 1177 of the 
                        Social Security Act (42 U.S.C. 1320d-6) or the 
                        regulations promulgated pursuant to section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act (42 U.S.C. 1320d-2 note).
                            (ii) Health information records.--If an 
                        employer possesses health information about an 
                        employee or an employee's child, parent, spouse 
or other individual described in subsection (d)(3), such information 
shall--
                                    (I) be maintained on a separate 
                                form and in a separate file from other 
                                personnel information;
                                    (II) be treated as a confidential 
                                medical record; and
                                    (III) not be disclosed except to 
                                the affected employee or with the 
                                permission of the affected employee.
    (g) Current Leave Policies.--
            (1) Equivalency requirement.--An employer with a leave 
        policy providing paid leave options shall not be required to 
        modify such policy, if such policy offers an employee the 
        option, at the employee's discretion, to take paid sick leave 
        that is at least equivalent to the sick leave described in 
        paragraphs (1) and (2) of subsection (a) and subsection (d).
            (2) No elimination or reduction of leave.--An employer may 
        not eliminate or reduce leave in existence on the date of 
        enactment of this Act, regardless of the type of such leave, in 
        order to comply with the provisions of this Act.

SEC. 6. POSTING REQUIREMENT.

    (a) In General.--Each employer shall post and keep posted a notice, 
to be prepared or approved in accordance with procedures specified in 
regulations issued under section 13, setting forth excerpts from, or 
summaries of, the pertinent provisions of this Act including--
            (1) information describing leave available to employees 
        under this Act;
            (2) information pertaining to the filing of an action under 
        this Act; and
            (3) the details of the notice requirement for foreseeable 
        leave under section 5(f)(1)(B).
    (b) Location.--The notice described under subsection (a) shall be 
posted--
            (1) in conspicuous places on the premises of the employer, 
        where notices to employees (including applicants) are 
        customarily posted; or
            (2) in employee handbooks.
    (c) Violation; Penalty.--Any employer who willfully violates the 
posting requirements of this section shall be subject to a civil fine 
in an amount not to exceed $100 for each separate offense.

SEC. 7. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the exercise of, 
        or the attempt to exercise, any right provided under this Act.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate or otherwise 
        retaliate against any individual 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 any individual because such individual--
            (1) has filed an action, or has instituted or caused to be 
        instituted any proceeding, under or related to this Act;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this Act; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this Act.

SEC. 8. INVESTIGATIVE AND ENFORCEMENT AUTHORITY.

    (a) Employees Covered by Title I of Family and Medical Leave Act of 
1993 or Government Employee Rights Act of 1991.--
            (1) Definition.--In this subsection:
                    (A) the term ``employee'' means an employee 
                described in clause (i) or (ii) of section 4(2)(A); and
                    (B) the term ``employer'' means an employer 
                described in clauses (i)(I) and (ii), or clauses 
                (i)(II) and (ii), of section 4(3)(A).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this Act, or any regulation or order 
                issued under this Act, the Secretary shall have, 
                subject to subparagraph (C), the investigative 
                authority provided under section 11(a) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
                respect to employees and employers.
                    (B) Obligation to keep and preserve records.--An 
                employer shall make, keep, and preserve records 
                pertaining to compliance with this Act in accordance 
                with section 11(c) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 211(c)) and in accordance with 
                regulations issued by the Secretary.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require, under 
                the authority of this paragraph, an employer to submit 
                to the Secretary any books or records more than once 
                during any 12-month period, unless the Secretary has 
                reasonable cause to believe there may exist a violation 
                of this Act or any regulation or order issued pursuant 
                to this Act, or is investigating a charge pursuant to 
                paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation provided for in this paragraph, the 
                Secretary shall have the subpoena authority provided 
                for under section 9 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 209).
            (3) Civil action by employees.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (B) may be maintained against any employer in any 
                Federal or State court of competent jurisdiction by one 
                or more employees or their representative for and on 
                behalf of--
                            (i) the employees; or
                            (ii) the employees and other employees 
                        similarly situated.
                    (B) Liability.--Any employer who violates section 7 
                (including a violation relating to rights provided 
                under section 5) shall be liable to any employee 
                affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost to 
                                        such employee by reason of the 
                                        violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost to 
                                        the employee, any actual 
                                        monetary losses sustained by 
                                        the employee as a direct result 
                                        of the violation up to a sum 
                                        equal to 7 days of wages or 
                                        salary for the employee;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages; and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (C) Fees and costs.--The court in an action under 
                this paragraph shall, in addition to any judgment 
                awarded to the plaintiff, allow a reasonable attorney's 
                fee, reasonable expert witness fees, and other costs of 
                the action to be paid by the defendant.
            (4) Action by the secretary.--
                    (A) Administrative action.--The Secretary shall 
                receive, investigate, and attempt to resolve complaints 
                of violations of section 7 (including a violation 
                relating to rights provided under section 5) in the 
                same manner that the Secretary receives, investigates, 
                and attempts to resolve complaints of violations of 
                sections 6 and 7 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206 and 207).
                    (B) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (3)(B)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to subparagraph (B) shall be held in 
                a special deposit account and shall be paid, on order 
                of the Secretary, directly to each employee affected. 
                Any such sums not paid to an employee because of 
                inability to do so within a period of 3 years shall be 
                deposited into the Treasury of the United States as 
                miscellaneous receipts.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of section 7 (including 
                a willful violation relating to rights provided under 
                section 5), such action may be brought within 3 years 
                of the date of the last event constituting the alleged 
                violation for which such action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph, it shall be considered to 
                be commenced on the date when the complaint is filed.
            (6) Action for injunction by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of section 7 (including 
                a violation relating to rights provided under section 
                5), including the restraint of any withholding of 
                payment of wages, salary, employment benefits, or other 
                compensation, plus interest, found by the court to be 
                due to employees eligible under this Act; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) General accounting office and library of congress.--
        Notwithstanding any other provision of this subsection, in the 
        case of the General Accounting Office and the Library of 
        Congress, the authority of the Secretary of Labor under this 
        subsection shall be exercised respectively by the Comptroller 
        General of the United States and the Librarian of Congress.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (42 
U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this 
Act provides to that Board, or any person, alleging an unlawful 
employment practice in violation of this Act against an employee 
described in section 4(2)(A)(iii).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this Act against an employee described in section 4(2)(A)(iv).
    (d) Employees Covered by Section 717 of the Civil Rights Act of 
1964.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this Act against an employee 
described in section 4(2)(A)(v).

SEC. 9. GAO STUDY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study to determine the following:
            (1) The number of days employees used paid sick leave 
        including--
                    (A) the number of employees who used paid sick 
                leave annually; and
                    (B) the number of days employees used paid sick 
                leave for their illnesses, or illnesses of--
                            (i) a child;
                            (ii) a spouse;
                            (iii) a parent; or
                            (iv) any other individual.
            (2) Whether employees used paid sick leave to care for 
        illnesses or conditions caused by domestic violence against the 
        employees or their family members.
            (3) The cost to employers of implementing paid sick leave 
        policies.
            (4) The benefits to employers of implementing the policies, 
        including improvements in retention and absentee rates and 
        productivity.
            (5) The benefits of paid sick leave to employees and their 
        family members.
            (6) Whether the provision of paid sick leave has affected 
        the ability of employees to care for their family members.
            (7) Whether and in what way the provision of paid sick 
        leave affected the ability of employees to provide for their 
        health needs.
            (8) Whether the provision of paid sick leave affected the 
        ability of employees to sustain an adequate income while 
        meeting health needs of the employees and their family members.
            (9) Whether employers who administered paid sick leave 
        policies prior to the date of enactment of this Act were 
        affected by the provisions of this Act.
            (10) Whether other types of leave were affected by this Act 
        including whether this Act affected--
                    (A) paid vacation leave;
                    (B) paid family or medical leave; or
                    (C) personal leave.
            (11) Whether paid sick leave affected retention and 
        turnover.
    (b) Aggregating Data.--The data collected under paragraphs (1), 
(2), and (6) of subsection (a) shall be aggregated by gender, race, 
disability, earnings level, age, marital status, and family type, 
including parental status.
    (c) Reports.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall prepare and submit a report to the appropriate 
        committees of Congress concerning the results of the study 
        conducted pursuant to subsection (a) and the data aggregated 
        under subsection (b).
            (2) Followup report.--Not later that 5 years after the date 
        of enactment of this Act the Comptroller General of the United 
        States shall prepare and submit a followup report to the 
        appropriate committees of Congress concerning the results of 
        the study conducted pursuant to subsection (a) and the data 
        aggregated under subsection (b).

SEC. 10. EFFECT ON OTHER LAWS.

    (a) Federal and State Antidiscrimination Laws.--Nothing in this Act 
shall be construed to modify or affect any Federal or State law 
prohibiting discrimination on the basis of race, religion, color, 
national origin, sex, age, or disability.
    (b) State and Local Laws.--Nothing in this Act shall be construed 
to supersede any provision of any State or local law that provides 
greater paid sick leave or other leave rights than the rights 
established under this Act.

SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

    (a) More Protective.--Nothing in this Act shall be construed to 
diminish the obligation of an employer to comply with any contract, 
collective bargaining agreement, or any employment benefit program or 
plan that provides greater paid sick leave rights to employees than the 
rights established under this Act.
    (b) Less Protective.--The rights established for employees under 
this Act shall not be diminished by any contract, collective bargaining 
agreement, or any employment benefit program or plan.

SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

    Nothing in this Act shall be construed to discourage employers from 
adopting or retaining leave policies more generous than policies that 
comply with the requirements of this Act.

SEC. 13. REGULATIONS.

    (a) Employees Covered by Title I of Family and Medical Leave Act of 
1993 or Government Employee Rights Act of 1991.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 120 days after the date of enactment of this Act, 
        the Secretary shall prescribe such regulations as are necessary 
        to carry out this Act with respect to employees described in 
        clause (i) or (ii) of section 4(2)(A).
            (2) General accounting 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 General Accounting Office and the Library of 
        Congress, respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Board of Directors of the Office of 
        Compliance shall prescribe (in accordance with section 304 of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) 
        such regulations as are necessary to carry out this Act with 
        respect to employees described in section 4(2)(A)(iii).
            (2) Agency regulations.--The regulations issued 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 issued 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) In general.--Not later than 120 days after the date of 
        enactment of this Act, the President (or the designee of the 
        President) shall prescribe such regulations as are necessary to 
        carry out this Act with respect to employees described in 
        section 4(2)(A)(iv).
            (2) Agency regulations.--The regulations issued 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 issued 
        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 Section 717 of the Civil Rights Act of 
1964.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall prescribe such regulations as are necessary to 
        carry out this Act with respect to employees described in 
        section 4(2)(A)(v).
            (2) Agency regulations.--The regulations issued 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 issued under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.

SEC. 14. EFFECTIVE DATES.

    (a) In General.--This Act shall take effect on the date that is 6 
months after the date of enactment of this Act.
    (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 12 months after the date of 
        enactment of this Act.
                                 <all>