[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 111
109th CONGRESS
  1st Session
                                S. 1085

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2005

 Mr. Kennedy (for himself, Mr. Durbin, Ms. Mikulski, Mrs. Murray, Mr. 
 Harkin, Mr. Dodd, Mr. Lautenberg, Mr. Corzine, Mr. Akaka, Mrs. Boxer, 
  Mr. Feingold, Mr. Schumer, and Mr. Dayton) introduced the following 
                  bill; which was read the first time

                              May 20, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Working Americans need to take time off for their own 
        health care needs or to perform essential caretaking 
        responsibilities for a wide range of family members, including, 
        among others, their children, spouse, parents, and parents-in-
        law, and other children and adults for whom they are 
        caretakers.
            (2) Health care needs include preventive health care, 
        diagnostic procedures, medical treatment, and recovery in 
        response to short- and long-term illnesses and injuries.
            (3) Providing employees time off to tend to their own 
        health care needs ensures that they will be healthier in the 
        long run. Preventive care helps avoid illnesses and injuries 
        and routine medical care helps detect illnesses early and 
        shorten the duration of illnesses.
            (4) When parents are available to care for their children 
        who become sick, children recover faster, more serious 
        illnesses are prevented, and children's overall mental and 
        physical health are improved. Parents who cannot afford to miss 
        work and must send children with a contagious illness to child 
        care or school contribute to the high rate of infections in 
        child care centers and schools.
            (5) Providing paid sick leave improves public health by 
        reducing infectious disease. Policies that make it easier for 
        sick adults and children to be isolated at home reduce the 
        spread of infectious disease.
            (6) Routine medical care results in savings by decreasing 
        medical costs by detecting and treating illness and injury 
        early, decreasing the need for emergency care. These savings 
        benefit public and private payers of health insurance, 
        including private businesses.
            (7) The provision of individual and family sick leave by 
        large and small businesses, both here in the United States and 
        elsewhere, demonstrates that policy solutions are both feasible 
        and affordable in a competitive economy. Measures that ensure 
        that employees are both in good health themselves and do not 
        need to worry about unmet family health problems help 
        businesses by promoting productivity and reducing employee 
        turnover.
            (8) The American Productivity Audit found that 
        presenteeism--the practice of employees coming to work despite 
        illness--costs $180,000,000,000 annually in lost productivity. 
        Studies in the Journal of Occupational and Environmental 
        Medicine, the Employee Benefit News, and the Harvard Business 
        Review show that presenteeism is a larger productivity drain 
        than either absenteeism or short-term disability.
            (9) The absence of sick leave has forced Americans to make 
        untenable choices between needed income and jobs on the one 
        hand and caring for their own and their family's health on the 
        other.
            (10) The majority of middle income Americans lack paid 
        leave for self-care or to care for a family member. Low-income 
        Americans are significantly worse off. Of the poorest families 
        (the lowest quartile), 76 percent lack regular sick leave. For 
        families in the next 2 quartiles, 63 percent and 54 percent, 
        respectively lack regular sick leave. Even in the highest 
        income quartile, 40 percent of families lack regular sick 
        leave. Less than \1/2\ of workers who have paid sick leave can 
        use it to care for ill children.
            (11) It is in the national interest to ensure that 
        Americans from all demographic groups can care for their own 
        health and the health of their families while prospering at 
        work.
            (12) Due to the nature of the roles of men and women in 
        society, the primary responsibility for family caretaking often 
        falls on women, and such responsibility affects the working 
        lives of women more than it affects the working lives of men.
            (13) Although women are still primarily responsible for 
        family caretaking, an increasing number of men are taking on 
        caretaking obligations, and men who request leave time for 
        caretaking purposes are often denied accommodation or penalized 
        because of stereotypes that caretaking is only ``women's 
        work''.
            (14) Employers' reliance on persistent stereotypes about 
        the ``proper'' roles of both men and women in the workplace and 
        in the home--
                    (A) creates a cycle of discrimination that forces 
                women to continue to assume the role of primary family 
                caregiver; and
                    (B) fosters stereotypical views among employers 
                about women's commitment to work and their value as 
                employees.
            (15) Employment standards that apply to only one gender 
        have serious potential for encouraging employers to 
        discriminate against employees and applicants for employment 
        who are of that gender.

SEC. 3. PURPOSES.

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

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' means a biological, foster, 
        or adopted child, a stepchild, a legal ward, or a child of a 
        person standing in loco parentis, who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable of self-
                care because of a mental or physical disability.
            (2) Employee.--The term ``employee'' means an individual--
                    (A) who is--
                            (i)(I) an employee (including an 
                        applicant), as defined in section 3(e) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(e)), who is not covered under clause (v), 
                        including such an employee of the Library of 
                        Congress, except that a reference in such 
                        section to an employer shall be considered to 
                        be a reference to an employer described in 
                        clauses (i)(I) and (ii) of paragraph (3)(A); or
                            (II) an employee (including an applicant) 
                        of the Government Accountability Office;
                            (ii) a State employee (including an 
                        applicant) described in section 304(a) of the 
                        Government Employee Rights Act of 1991 (42 
                        U.S.C. 2000e-16c(a));
                            (iii) a covered employee (including an 
                        applicant), as defined in section 101 of the 
                        Congressional Accountability Act of 1995 (2 
                        U.S.C. 1301);
                            (iv) a covered employee (including an 
                        applicant), as defined in section 411(c) of 
                        title 3, United States Code; or
                            (v) a Federal officer or employee 
                        (including an applicant) covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                    (B) who works an average of at least 20 hours per 
                week or, in the alternative, at least 1,000 hours per 
                year.
            (3) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (B), who is not covered under 
                        subclause (V);
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991;
                            (III) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995;
                            (IV) an employing office, as defined in 
                        section 411(c) of title 3, United States Code; 
                        or
                            (V) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                            (ii) is engaged in commerce (including 
                        government), in the production of goods for 
                        commerce, or in an enterprise engaged in 
                        commerce (including government) or in the 
                        production of goods for commerce.
                    (B) Covered employer.--
                            (i) In general.--In subparagraph (A)(i)(I), 
                        the term ``covered employer''--
                                    (I) means any person engaged in 
                                commerce or in any industry or activity 
                                affecting commerce who employs 15 or 
                                more employees for each working day 
                                during each of 20 or more calendar 
                                workweeks in the current or preceding 
                                calendar year;
                                    (II) includes--
                                            (aa) any person who acts, 
                                        directly or indirectly, in the 
                                        interest of an employer to any 
                                        of the employees of such 
                                        employer; and
                                            (bb) any successor in 
                                        interest of an employer;
                                    (III) includes any ``public 
                                agency'', as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x)); and
                                    (IV) includes the Government 
                                Accountability Office and the Library 
                                of Congress.
                            (ii) Public agency.--For purposes of clause 
                        (i)(III), a public agency shall be considered 
                        to be a person engaged in commerce or in an 
                        industry or activity affecting commerce.
                            (iii) Definitions.--For purposes of this 
                        subparagraph:
                                    (I) Commerce.--The terms 
                                ``commerce'' and ``industry or activity 
                                affecting commerce'' mean any activity, 
                                business, or industry in commerce or in 
                                which a labor dispute would hinder or 
                                obstruct commerce or the free flow of 
                                commerce, and include ``commerce'' and 
                                any ``industry affecting commerce'', as 
                                defined in paragraphs (1) and (3) of 
                                section 501 of the Labor Management 
                                Relations Act, 1947 (29 U.S.C. 142 (1) 
                                and (3)).
                                    (II) Employee.--The term 
                                ``employee'' has the same meaning given 
                                such term in section 3(e) of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                203(e)).
                                    (III) Person.--The term ``person'' 
                                has the same meaning given such term in 
                                section 3(a) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                203(a)).
                    (C) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (4) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (5) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A)(i) is a doctor of medicine or osteopathy who is 
                authorized to practice medicine or surgery (as 
                appropriate) by the State in which the doctor 
                practices; or
                    (ii) is any other person determined by the 
                Secretary to be capable of providing health care 
                services; and
                    (B) is not employed by an employer for whom the 
                provider issues certification under this Act.
            (6) Parent.--The term ``parent'' means a biological, 
        foster, or adoptive parent of an employee, a stepparent of an 
        employee, or a legal guardian or other person who stood in loco 
        parentis to an employee when the employee was a child.
            (7) Pro rata.--The term ``pro rata'', with respect to 
        benefits offered to part-time employees, means the proportion 
        of each of the benefits offered to full-time employees that are 
        offered to part-time employees that, for each benefit, is equal 
        to the ratio of part-time hours worked to full-time hours 
        worked.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (9) Sick leave.--The term ``sick leave'' means an increment 
        of compensated leave provided by an employer to an employee as 
        a benefit of employment for use by the employee during an 
        absence from employment for any of the reasons described in 
        paragraphs (1) through (3) of section 5(d).
            (10) Spouse.--The term ``spouse'', with respect to an 
        employee, has the meaning given such term by the marriage laws 
        of the State in which the employee resides.

SEC. 5. PROVISION OF PAID SICK LEAVE.

    (a) In General.--An employer shall provide for each employee 
employed by the employer not less than--
            (1) 7 days of sick leave with pay annually for employees 
        working 30 or more hours per week; or
            (2) a pro rata number of days or hours of sick leave with 
        pay annually for employees working less than--
                    (A) 30 hours per week on a year-round basis; or
                    (B) 1,500 hours throughout the year involved.
    (b) Accrual.--
            (1) Period of accrual.--Sick leave provided for under this 
        section shall accrue as determined appropriate by the employer, 
        but not on less than a quarterly basis.
            (2) Accumulation.--Accrued sick leave provided for under 
        this section shall carry over from year to year, but this Act 
        shall not be construed to require an employer to permit an 
        employee to accumulate more than 7 days of the sick leave.
            (3) Use.--The sick leave may be used as accrued. The 
        employer, at the discretion of the employer, may loan the sick 
        leave to the employee in advance of accrual by such employee.
    (c) Calculation.--
            (1) Less than a full workday.--Unless the employer and 
        employee agree to designate otherwise, for periods of sick 
        leave that are less than a normal workday, that leave shall be 
        counted--
                    (A) on an hourly basis; or
                    (B) in the smallest increment that the employer's 
                payroll system uses to account for absences or use of 
                leave.
            (2) Variable schedule.--If the schedule of an employee 
        varies from week to week, a weekly average of the hours worked 
        over the 12-week period prior to the beginning of a sick leave 
        period shall be used to calculate the employee's normal 
        workweek for the purpose of determining the amount of sick 
        leave to which the employee is entitled.
    (d) Uses.--Sick leave accrued under this section may be used by an 
employee for any of the following:
            (1) An absence resulting from a physical or mental illness, 
        injury, or medical condition of the employee.
            (2) An absence resulting from obtaining professional 
        medical diagnosis or care, or preventive medical care, for the 
        employee subject to the requirement of subsection (e).
            (3) An absence for the purpose of caring for a child, a 
        parent, a spouse, or any other individual related by blood or 
        affinity whose close association with the employee is the 
        equivalent of a family relationship, who--
                    (A) has any of the conditions or needs for 
                diagnosis or care described in paragraph (1) or (2); 
                and
                    (B) in the case of someone who is not a child, is 
                otherwise in need of care.
    (e) Scheduling.--An employee shall make a reasonable effort to 
schedule leave under paragraphs (2) and (3) of subsection (d) in a 
manner that does not unduly disrupt the operations of the employer.
    (f) Procedures.--
            (1) In general.--Paid sick leave shall be provided upon the 
        oral or written request of an employee. Such request shall--
                    (A) include a reason for the absence involved and 
                the expected duration of the leave;
                    (B) in a case in which the need for leave is 
                foreseeable at least 7 days in advance of such leave, 
                be provided at least 7 days in advance of such leave; 
                and
                    (C) otherwise, be provided as soon as practicable 
                after the employee is aware of the need for such leave.
            (2) Certification.--
                    (A) Provision.--
                            (i) In general.--Subject to subparagraph 
                        (C), an employer may require that a request for 
                        leave be supported by a certification issued by 
                        the health care professional of the eligible 
                        employee or of an individual described in 
                        subsection (d)(3), as appropriate, if the leave 
                        period covers more than 3 consecutive workdays.
                            (ii) Timeliness.--The employee shall 
                        provide a copy of such certification to the 
                        employer in a timely manner, not later than 30 
                        days after the first day of the leave. The 
                        employer shall not delay the commencement of 
                        the leave on the basis that the employer has 
                        not yet received the certification.
                    (B) Sufficient certification.--
                            (i) In general.--A certification provided 
                        under subparagraph (A) shall be sufficient if 
                        it states--
                                    (I) the date on which the leave 
                                will be needed;
                                    (II) the probable duration of the 
                                leave;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                provider regarding the condition 
                                involved, subject to clause (ii); and
                                    (IV)(aa) for purposes of leave 
                                under subsection (d)(1), a statement 
                                that leave from work is medically 
                                necessary;
                                    (bb) for purposes of leave under 
                                subsection (d)(2), the dates on which 
                                testing for a medical diagnosis or care 
                                is expected to be given and the 
                                duration of such testing or care; and
                                    (cc) for purposes of leave under 
                                subsection (d)(3), in the case of leave 
                                to care for someone who is not a child, 
                                a statement that care is needed for an 
                                individual described in such 
                                subsection, and an estimate of the 
                                amount of time that such care is needed 
                                for such individual.
                            (ii) Limitation.--In issuing a 
                        certification under subparagraph (A), a health 
                        care provider shall make reasonable efforts to 
                        limit the medical facts described in clause 
                        (i)(III) that are disclosed in the 
                        certification to the minimum necessary to 
                        establish a need for the employee to utilize 
                        paid sick leave.
                    (C) Regulations.--Regulations prescribed under 
                section 13 shall specify the manner in which an 
                employee who does not have health insurance shall 
                provide a certification for purposes of this paragraph.
                    (D) Confidentiality and nondisclosure.--
                            (i) Protected health information.--Nothing 
                        in this Act shall be construed to require a 
                        health care provider to disclose information in 
                        violation of section 1177 of the Social 
                        Security Act (42 U.S.C. 1320d-6) or the 
                        regulations promulgated pursuant to section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act (42 U.S.C. 1320d-2 note).
                            (ii) Health information records.--If an 
                        employer possesses health information about an 
                        employee or an employee's child, parent, spouse 
                        or other individual described in subsection 
                        (d)(3), such information shall--
                                    (I) be maintained on a separate 
                                form and in a separate file from other 
                                personnel information;
                                    (II) be treated as a confidential 
                                medical record; and
                                    (III) not be disclosed except to 
                                the affected employee or with the 
                                permission of the affected employee.
    (g) Current Leave Policies.--
            (1) Equivalency requirement.--An employer with a leave 
        policy providing paid leave options shall not be required to 
        modify such policy, if such policy offers an employee the 
        option, at the employee's discretion, to take paid sick leave 
        that is at least equivalent to the sick leave described in 
        paragraphs (1) and (2) of subsection (a) and subsection (d), or 
        if the policy offers paid leave (in amounts equivalent to the 
        amounts described in such paragraphs) for purposes that include 
        the reasons described in subsection (d).
            (2) No elimination or reduction of leave.--An employer may 
        not eliminate or reduce leave in existence on the date of 
        enactment of this Act, regardless of the type of such leave, in 
        order to comply with the provisions of this Act.

SEC. 6. POSTING REQUIREMENT.

    (a) In General.--Each employer shall post and keep posted a notice, 
to be prepared or approved in accordance with procedures specified in 
regulations prescribed under section 13, setting forth excerpts from, 
or summaries of, the pertinent provisions of this Act including--
            (1) information describing leave available to employees 
        under this Act;
            (2) information pertaining to the filing of an action under 
        this Act;
            (3) the details of the notice requirement for foreseeable 
        leave under section 5(f)(1)(B); and
            (4) information that describes--
                    (A) the protections that an employee has in 
                exercising rights under this Act; and
                    (B) how the employee can contact the Secretary (or 
                other appropriate authority as described in section 8) 
                if any of the rights are violated.
    (b) Location.--The notice described under subsection (a) shall be 
posted--
            (1) in conspicuous places on the premises of the employer, 
        where notices to employees (including applicants) are 
        customarily posted; or
            (2) in employee handbooks.
    (c) Violation; Penalty.--Any employer who willfully violates the 
posting requirements of this section shall be subject to a civil fine 
in an amount not to exceed $100 for each separate offense.

SEC. 7. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the exercise of, 
        or the attempt to exercise, any right provided under this Act.
            (2) Discrimination.--It shall be unlawful for any employer 
        to discharge or in any other manner discriminate against 
        (including retaliating against) any individual for opposing any 
        practice made unlawful by this Act, including--
                    (A) discharging or discriminating against 
                (including retaliating against) any individual for 
                exercising, or attempting to exercise, any right 
                provided under this Act;
                    (B) using the taking of sick leave under this Act 
                as a negative factor in an employment action, such as 
                hiring, promotion, or a disciplinary action; or
                    (C) counting the sick leave under a no-fault 
                attendance policy.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against (including retaliating against) any individual 
because such individual--
            (1) has filed an action, or has instituted or caused to be 
        instituted any proceeding, under or related to this Act;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this Act; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this Act.
    (c) Construction.--Nothing in this section shall be construed to 
state or imply that the scope of the activities prohibited by section 
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is 
less than the scope of the activities prohibited by this section.

SEC. 8. ENFORCEMENT AUTHORITY.

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

SEC. 9. GAO STUDY.

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

SEC. 10. EFFECT ON OTHER LAWS.

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

SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

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

SEC. 13. REGULATIONS.

    (a) In General.--
            (1) Authority.--Except as provided in paragraph (2), not 
        later than 120 days after the date of enactment of this Act, 
        the Secretary shall prescribe such regulations as are necessary 
        to carry out this Act with respect to employees described in 
        clause (i) or (ii) of section 4(2)(A).
            (2) Government accountability office; library of 
        congress.--The Comptroller General of the United States and the 
        Librarian of Congress shall prescribe the regulations with 
        respect to employees of the Government Accountability Office 
        and the Library of Congress, respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this Act, the Board of Directors of the Office of 
        Compliance shall prescribe (in accordance with section 304 of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) 
        such regulations as are necessary to carry out this Act with 
        respect to employees described in section 4(2)(A)(iii).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the Board may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this Act, the President (or the designee of the 
        President) shall prescribe such regulations as are necessary to 
        carry out this Act with respect to employees described in 
        section 4(2)(A)(iv).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the President (or designee) may determine, for good 
        cause shown and stated together with the regulations prescribed 
        under paragraph (1), that a modification of such regulations 
        would be more effective for the implementation of the rights 
        and protections involved under this section.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
            (1) Authority.--Not later than 120 days after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall prescribe such regulations as are necessary to 
        carry out this Act with respect to employees described in 
        section 4(2)(A)(v).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the Director may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.

SEC. 14. EFFECTIVE DATES.

    (a) In General.--This Act shall take effect 1 year after the date 
of issuance of regulations under section 13(a)(1).
    (b) Collective Bargaining Agreements.--In the case of a collective 
bargaining agreement in effect on the effective date prescribed by 
subsection (a), this Act shall take effect on the earlier of--
            (1) the date of the termination of such agreement; or
            (2) the date that occurs 18 months after the date of 
        issuance of regulations under section 13(a)(1).
                                                       Calendar No. 111

109th CONGRESS

  1st Session

                                S. 1085

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 20, 2005

            Read the second time and placed on the calendar