Short title

This Act may be cited as the

Pandemic Protection for Workers, Families, and Businesses Act

Findings

Congress finds the following: (1)According to the Bureau of Labor Statistics, between 50,000,000 and 60,000,000 United States workers have no paid sick leave to use when they or their family members are sick. Only 1 in 4 low-wage workers has paid sick days and often low-wage workers are the workers most likely to have jobs that require frequent contact with the public. (2)The lack of paid sick days presents a threat to the United States economy and to public health, particularly in the face of a pandemic illness such as the 2009 H1N1 influenza. The Centers for Disease Control and Prevention reports that an individual who comes to work with the 2009 H1N1 influenza will transmit the illness to approximately 8 to 12 percent of the individual's coworkers. This workplace transmission presents a serious threat to business operations, as many businesses do not have contingency plans in place to address the possibility of mass absences due to the spread of a pandemic illness or other contagious illness. (3)Hundreds of schools have already been closed this year because of the spread of influenza, and according to the Centers for Disease Control and Prevention, early childhood settings like child care facilities are at high risk for transmission of illness due to their highly vulnerable populations. These schools and settings are also workplaces for many professionals who are at risk of infecting each other as well as children. (4)The Centers for Disease Control and Prevention strongly recommends that people with the 2009 H1N1 influenza or influenza-like symptoms stay home for at least 24 hours after their fevers end. Experts estimate that if workers followed the recommendation of the Centers for Disease Control and Prevention, the workers could reduce the number of people infected by a pandemic of influenza by 15 to 34 percent. (5)Providing a minimum standard for paid sick days will enable United States workers to follow this important recommendation without putting their jobs or their paychecks at risk.

Purposes

The purposes of this Act are— (1)to minimize the spread of contagious illnesses in the workplace and prevent disruptions to interstate commerce; (2)to ensure that all working Americans can address their own health needs and the health needs of their children, related to a contagious illness, by requiring employers to provide up to 7 days of paid sick time to their employees; (3)to diminish public and private health care costs by enabling employees to seek early and routine medical care for themselves and their children, related to a contagious illness; (4)to provide paid sick time to employees due to closure of a place of business due to a contagious illness or a need to care for a child whose school or child care or early childhood program has been closed due to a contagious illness; and (5)to accomplish the purposes described in paragraphs (1) through (4) in a manner that is feasible for employers.

Definitions

In this Act: (1)

Child

The term child means a child, as defined by the Secretary in consultation with the Secretary of Health and Human Services. (2)

Contagious illness

The term contagious illness, as defined by the Secretary of Labor in consultation with the Secretary of Health and Human Services, includes influenza-like illnesses such as an illness from the 2009 H1N1 virus. (3)

Covered employee

The term covered employee means an individual who— (A)has been employed for not less than 30 days by the covered employer from whom paid sick time is requested; and (B)is— (i)an employee, as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), but including an individual employed by an Indian tribe; (ii)a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (iii)a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (iv)a covered employee, 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. (4)

Covered employer

(A)

In general

The term covered employer means a person who— (i)is— (I)an employer (as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))), but including an Indian tribe; (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; (ii)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; and (iii)is engaged in commerce (including government) or in any industry or activity affecting commerce (including government). (5)

Employment benefits

The term employment benefits means all benefits provided or made available to covered employees by a covered 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 a covered 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)). (6)

Paid sick time

The term paid sick time means an increment of compensated leave that can be received by a covered employee for use during an absence from employment for any of the reasons described in paragraphs (1) through (3) of section 5(b). (7)

Secretary

The term Secretary means the Secretary of Labor. (8)

Symptoms of a contagious illness

The term symptoms of a contagious illness means 1 or more symptoms, as determined to be appropriate by the Secretary in consultation with the Secretary of Health and Human Services, of a contagious illness, including influenza-like illnesses such as an illness from the 2009 H1N1 virus.

Provision of paid sick time

(a)

Paid sick time

(1)

In general

(A)

Full-time employees

A covered employer shall annually provide, to each covered employee employed by the employer on a full-time basis (as defined by the Secretary), not less than 7 days of paid sick time, with employment benefits. (B)

Part-time employees

The employer shall annually provide, to each covered employee employed by the employer on less than a full-time basis (as defined by the Secretary), a number of days or hours of paid sick time, with employment benefits. The number of days or hours shall be determined under a formula specified by the Secretary and designed to provide an approximate pro rata share of the 7-day period described in subparagraph (A), based on the hours worked by the employee. (C)

Uses

The paid sick time provided under this section shall be used as described in subsection (b). (2)

covered employers with existing policies

Any covered employer with a paid leave policy who annually provides, to each covered employee, 7 days of paid leave that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection (b), shall not be required to provide additional paid sick time to the employee under this section. (3)

Construction

Nothing in this section shall be construed as requiring financial or other reimbursement to a covered employee from a covered employer upon the employee’s termination, resignation, retirement, or other separation from employment for paid sick time that has not been used. (4)

Prohibition

A covered employer may not require, as a condition of providing paid sick time under this Act, that the covered employee involved search for or find a replacement worker to cover the hours during which the employee is using paid sick time. (b)

Uses

Paid sick time provided under this section may be used by a covered employee for any of the following: (1)(A)An absence resulting from the medical condition of a covered employee experiencing the symptoms of a contagious illness, including the need to obtain medical diagnosis or care, or an absence to obtain preventive care for the employee for a contagious illness. (B)An absence due to a determination by a health authority having jurisdiction or by a health care provider that the covered employee's presence on the job would jeopardize the health of others because of the employee's exposure to a contagious illness. (2)(A)An absence for the purpose of caring for a child of the covered employee who is experiencing symptoms of a contagious illness, including the need to obtain medical diagnosis or care, or an absence to obtain preventive care for the child for a contagious illness. (B)An absence for the purpose of caring for a child of the covered employee due to a determination by a health authority having jurisdiction or by a health care provider that the child's presence in the community would jeopardize the health of others because of the child's exposure to a contagious illness. (3)Closure of the covered employee's place of business due to a contagious illness or a covered employee's need to care for a child whose school or child care or early childhood program has been closed due to a contagious illness. (c)

Medical certification requirements

(1)

Request

Paid sick time shall be provided upon the oral or written request of a covered employee. (2)

Certification

The Secretary, and other authorities who may issue regulations under section 12, may issue regulations under that section regarding medical certification requirements for a period of paid sick time under this Act. The Secretary shall issue any such regulations after consultation with the Secretary of Health and Human Services. A covered employer may not require a covered employee to provide medical certification inconsistent with the regulations, to receive paid sick time under this section.

Posting requirement

(a)

In general

Each covered employer— (1)shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 12, setting forth excerpts from, or summaries of, the pertinent provisions of this Act; and (2)shall take other reasonable measures specified in the regulations to inform covered employees of their rights under those provisions. (b)

Violation; penalty

Any covered employer who willfully violates the requirements of this section shall be subject to a civil fine in an amount not to exceed $100 for each separate offense.

Prohibited acts

(a)

Interference with rights

(1)

Exercise of rights

It shall be unlawful for any covered employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (A)discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B)using the taking of paid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, or a disciplinary action; or (C)counting the paid sick time under a no-fault attendance policy or any other absence control policy. (2)

Discrimination

It shall be unlawful for any covered employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act. (b)

Interference with proceedings or inquiries

It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1)has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2)has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3)has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.

Enforcement authority

(a)

In general

(1)

Definition

In this subsection: (A)the term covered employee means a covered employee described in clause (i) or (ii) of section 4(3)(B); and (B)the term covered employer means a covered employer described in subclause (I) or (II) of section 4(4)(A)(i). (2)

Civil action by covered employees or individuals

(A)

Right of action

An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any covered employer in any Federal or State court of competent jurisdiction by one or more covered employees or individuals or their representative for and on behalf of— (i)the covered employees or individuals; or (ii)the covered employees or individuals and others similarly situated. (B)

Liability

Any covered employer who violates section 7 (including a violation relating to rights provided under section 5) shall be liable to any covered employee or individual affected for damages and equitable relief, corresponding to that employee or individual, described in subparagraphs (A) and (B) of paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)). In applying those subparagraphs, a reference to a time period shall be considered to be reference to 7 days. Paragraph (3) of that section shall apply to the action. (3)

Action by the Secretary

Section 107(b) of that Act (29 U.S.C. 2617(b)) shall apply to complaints of violations described in paragraph (2)(B), with respect to employees, individuals, and damages described in that paragraph. (4)

Limitation

(A)

In general

An action may be brought under paragraph (2), (3), or (5) not later than 1 year after the date of the last event constituting the alleged violation for which the action is brought. (B)

Commencement

In determining when an action is commenced under paragraph (2), (3), or (5) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (5)

Action for injunction by Secretary

Section 107(d) of that Act (29 U.S.C. 2617(d)) shall apply to violations described in paragraph (2)(B), with respect to employees and individuals described in that paragraph. (b)

Employees covered by Congressional Accountability Act of 1995

The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against a covered employee described in section 4(3)(B)(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 a covered employee described in section 4(3)(B)(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 under 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 a covered employee described in section 4(3)(B)(v). (e)

Remedies for State employees

(1)

Waiver of sovereign immunity

A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by a covered employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2)

Official capacity

An official of a State may be sued in the official capacity of the official by any covered employee who has complied with the procedures under subsection (a)(2), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988). (3)

Applicability

With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4)

Definition of program or activity

In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a).

Effect on other laws

(a)

Family and Medical Leave Act of 1993

Nothing in this Act shall be construed to modify or affect the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (b)

State and local laws

Nothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act.

10.

Effect on existing employment benefits

(a)

More protective

Nothing in this Act shall be construed to diminish the obligation of a covered employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to covered employees or individuals than the rights established under this Act. (b)

Less protective

The rights established for covered employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan.

11.

Encouragement of more generous leave policies

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

12.

Regulations

(a)

In general

Not later than 15 days after the date of enactment of this Act, the Secretary shall prescribe such interim final regulations as are necessary to carry out this Act with respect to covered employees described in clause (i) or (ii) of section 4(3)(B) and other individuals affected by covered employers described in subclause (I) or (II) of section 4(4)(A)(i). (b)

Employees covered by Congressional Accountability Act of 1995

(1)

Authority

Not later than 30 days after the date of enactment of this Act, each congressional regulating authority shall prescribe such interim final regulations as are necessary to carry out this Act with respect to covered employees described in section 4(3)(B)(iii) and under the regulating authority's jurisdiction and other individuals affected by covered employers described in section 4(4)(A)(i)(III) and under the regulating authority's jurisdiction. (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 congressional regulating authority 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. (3)

Congressional regulating authority

The term congressional regulating authority means— (A)the Committee on Rules of the House of Representatives, with respect to a covered employee described in paragraph (7) of section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and the covered employer of that employee; (B)the Committee on Rules of the Senate, with respect to a covered employee described in paragraph (8) of that section and the covered employer of that employee; and (C)the head of a covered employer described in paragraph (9)(D) of that section, with respect to a corresponding covered employee described in any of subparagraphs (C) through (I) of paragraph (3) of that section and the covered employer. (c)

Employees covered by chapter 5 of title 3, United States Code

(1)

Authority

Not later than 30 days after the date of enactment of this Act, the President (or the designee of the President) shall prescribe such interim final regulations as are necessary to carry out this Act with respect to covered employees described in section 4(3)(B)(iv) and other individuals affected by covered employers described in section 4(4)(A)(i)(IV). (2)

Agency regulations

The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d)

Employees covered by section 717 of the Civil Rights Act of 1964

(1)

Authority

Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe such interim final regulations as are necessary to carry out this Act with respect to covered employees described in section 4(3)(B)(v) and other individuals affected by covered employers described in section 4(4)(A)(i)(V). (2)

Government Accountability Office; Library of Congress; Government Printing Office

The Comptroller General of the United States, the Librarian of Congress, and the Public Printer shall prescribe the interim final regulations with respect to covered employees of the Government Accountability Office, the Library of Congress, and the Government Printing Office, respectively, and other individuals affected by the Comptroller General of the United States, the Librarian of Congress, and the Public Printer, respectively. (3)

Agency regulations

The regulations prescribed under paragraph (1) or (2) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director, Comptroller General of the United States, the Librarian of Congress, or the Public Printer may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1) or (2), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section.

13.

Effective dates

(a)

Effective date

This Act (other than section 12) shall take effect— (1)with respect to covered employees described in clause (i) or (ii) of section 4(3)(B), and their covered employers, 15 days after the date of enactment of this Act; and (2)except as provided in paragraph (1), 30 days after the date of enactment of this Act. (b)

Termination

This Act shall terminate 2 years after the date of enactment of this Act.