[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 631 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 631

  To allow Americans to earn paid sick time so that they can address 
     their own health needs and the health needs of their families.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2013

  Mr. Harkin (for himself, Ms. Mikulski, Mrs. Murray, Mr. Casey, Mr. 
Franken, Mr. Whitehouse, Mr. Murphy, Ms. Warren, Mr. Levin, Mr. Durbin, 
 Mr. Schumer, Mr. Lautenberg, Mr. Brown, Mr. Merkley, Mrs. Gillibrand, 
  Mr. Blumenthal, Ms. Hirono, and Mr. Cowan) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To allow Americans to earn paid sick time so that they can address 
     their own health needs and the health needs of their families.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Working Americans need time to meet their own health 
        care needs and to care for family members, including their 
        children, spouse, domestic partner, parents (including parents-
        in-law), and other children and adults for whom they are 
        caregivers.
            (2) Health care needs include preventive health care, 
        diagnostic procedures, medical treatment, and recovery in 
        response to short- and long-term illnesses and injuries.
            (3) Providing employees time off to meet health care needs 
        ensures that they will be healthier in the long run. Preventive 
        care helps avoid illnesses and injuries and routine medical 
        care helps detect illnesses early and shorten their duration. A 
        2012 study published by BioMed Central Public Health of results 
        of the National Health Interview Survey found that lack of paid 
        sick leave is a barrier to receiving cancer screenings and 
        preventive care. Workers with paid sick leave were more likely 
        to have a mammogram, Pap test, or endoscopy, and were more 
        likely to have visited a doctor in the previous year, than 
        workers without paid sick leave, even when the results were 
        adjusted for sociodemographic factors.
            (4) When parents are available to care for their children 
        who become sick, children recover faster, more serious 
        illnesses are prevented, and children's overall mental and 
        physical health improve. In a 2009 study published in the 
        American Journal of Public Health, 81 percent of parents of a 
        child with special health care needs reported that taking leave 
        from work to be with their child had a ``good'' or ``very 
        good'' effect on their child's physical health. Similarly, 85 
        percent of parents of such a child found that taking such leave 
        had a ``good'' or ``very good'' effect on their child's 
        emotional health.
            (5) When parents cannot afford to miss work and must send 
        children with contagious illnesses to child care centers or 
        schools, infection can spread rapidly through child care 
        centers and schools.
            (6) Providing paid sick time improves public health by 
        reducing infectious disease. Policies that make it easier for 
        sick adults and children to be isolated at home reduce the 
        spread of infectious disease. A 2012 study published in the 
        American Journal of Public Health found that a lack of 
        workplace policies like paid sick days contributed to an 
        additional 5,000,000 cases of influenza-like illness during the 
        H1N1 pandemic of 2009.
            (7) Routine medical care reduces medical costs by detecting 
        and treating illness and injury early, decreasing the need for 
        emergency care. These savings benefit public and private payers 
        of health insurance, including private businesses. A 2011 study 
        by the Institute for Women's Policy Research found that a 
        universal paid sick days policy would reduce preventable visits 
        to the emergency room and result in cost savings of 
        $1,100,000,000 per year, including $500,000,000 in savings for 
        public health insurance like Medicaid.
            (8) The provision of individual and family sick time by 
        large and small businesses, both here in the United States and 
        elsewhere, demonstrates that policy solutions are both feasible 
        and affordable in a competitive economy. A 2009 study by the 
        Center for Economic and Policy Research found that, of 22 
        countries with comparable economies, the United States was 1 of 
        only 3 countries that did not provide any paid time off for 
        workers with short-term illnesses.
            (9) Measures that ensure that employees are in good health 
        and do not need to worry about unmet family health problems 
        help businesses by promoting productivity and reducing employee 
        turnover.
            (10) The American Productivity Audit completed in 2003 
        found that lost productivity due to illness costs 
        $226,000,000,000 annually, and that 71 percent of that cost 
        stems from presenteeism, the practice of employees coming to 
        work despite illness. Studies in the Journal of Occupational 
        and Environmental Medicine, the Employee Benefit News, and the 
        Harvard Business Review show that presenteeism is a larger 
        productivity drain than either absenteeism or short-term 
        disability.
            (11) Working while sick also increases a worker's 
        probability of suffering an injury on the job. A 2012 study 
        published by the American Journal of Public Health found that 
        workers with access to paid sick leave were 28 percent less 
        likely than workers without paid sick leave to suffer nonfatal 
        occupational injuries.
            (12) The absence of paid sick time has forced Americans to 
        make untenable choices between needed income and jobs on the 
        one hand and caring for their own and their family's health on 
        the other.
            (13) Nearly 40 percent of the private sector workforce, and 
        25 percent of the public sector workforce, lacks paid sick 
        time. Another 4,000,000 theoretically have access to sick time, 
        but have not been on the job long enough to use it. Millions 
        more lack sick time they can use to care for a sick child or 
        ill family member.
            (14)(A) Workers' access to paid sick time varies 
        dramatically by wage level.
            (B) For private sector workers--
                    (i) for workers in the lowest quartile of earners, 
                71 percent lack paid sick time;
                    (ii) for workers in the next 2 quartiles, 36 and 25 
                percent, respectively, lack paid sick time; and
                    (iii) even for workers in the highest quartile, 16 
                percent lack paid sick time.
            (C) For public sector workers--
                    (i) for workers in the lowest quartile of earners, 
                25 percent lack paid sick time;
                    (ii) for workers in the next 2 quartiles, 7 percent 
                lack paid sick time; and
                    (iii) for workers in the highest quartile, 2 
                percent lack paid sick time.
            (D) In addition, millions of workers cannot use paid sick 
        time to care for ill family members.
            (15) Due to the roles of men and women in society, the 
        primary responsibility for family caregiving often falls on 
        women, and such responsibility affects the working lives of 
        women more than it affects the working lives of men.
            (16) An increasing number of men are also taking on 
        caregiving obligations, and men who request paid time for 
        caregiving purposes are often denied accommodation or penalized 
        because of stereotypes that caregiving is only ``women's 
        work''.
            (17) Employers' reliance on persistent stereotypes about 
        the ``proper'' roles of both men and women in the workplace and 
        in the home continues a cycle of discrimination and fosters 
        stereotypical views about women's commitment to work and their 
        value as employees.
            (18) Employment standards that apply to only one gender 
        have serious potential for encouraging employers to 
        discriminate against employees and applicants for employment 
        who are of that gender.
            (19) It is in the national interest to ensure that all 
        Americans can care for their own health and the health of their 
        families while prospering at work.
            (20) Nearly 1 in 3 American women report physical or sexual 
        abuse by a husband or boyfriend at some point in their lives. 
        Domestic violence also affects men. Women account for about 85 
        percent of the victims of domestic violence and men account for 
        approximately 15 percent of the victims. Therefore, women 
        disproportionately need time off to care for their health or to 
        find solutions, such as obtaining a restraining order or 
        finding housing, to avoid or prevent physical or sexual abuse.
            (21) One study showed that 85 percent of domestic violence 
        victims at a women's shelter who were employed missed work 
        because of abuse. The mean number of days of paid work lost by 
        a rape victim is 8.1 days, by a victim of physical assault is 
        7.2 days, and by a victim of stalking is 10.1 days. Nationwide, 
        domestic violence victims lose almost 8,000,000 days of paid 
        work per year.
            (22) Without paid sick days that can be used to address the 
        effects of domestic violence, these victims are in grave danger 
        of losing their jobs. One survey found that 96 percent of 
        employed domestic violence victims experienced problems at work 
        related to the violence. The Government Accountability Office 
        similarly found that 24 to 52 percent of victims report losing 
        a job due, at least in part, to domestic violence. The loss of 
        employment can be particularly devastating for victims of 
        domestic violence, who often need economic security to ensure 
        safety.
            (23) The Centers for Disease Control and Prevention has 
        estimated that domestic violence costs over $700,000,000 
        annually due to the victims' lost productivity in employment.
            (24) Efforts to assist abused employees result in positive 
        outcomes for employers as well as employees because employers 
        can retain workers who might otherwise be compelled to leave.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that all working Americans can address their 
        own health needs and the health needs of their families by 
        requiring employers to permit employees to earn up to 56 hours 
        of paid sick time including paid time for family care;
            (2) to diminish public and private health care costs by 
        enabling workers to seek early and routine medical care for 
        themselves and their family members;
            (3) to assist employees who are, or whose family members 
        are, victims of domestic violence, sexual assault, or stalking, 
        by providing the employees with paid time away from work to 
        allow the victims to receive treatment and to take the 
        necessary steps to ensure their protection;
            (4) to address the historical and persistent widespread 
        pattern of employment discrimination on the basis of gender by 
        both private and public sector employers;
            (5) to accomplish the purposes described in paragraphs (1) 
        through (4) in a manner that is feasible for employers; and
            (6) consistent with the provision of the 14th Amendment to 
        the Constitution relating to equal protection of the laws, and 
        pursuant to Congress' power to enforce that provision under 
        section 5 of that Amendment--
                    (A) to accomplish the purposes described in 
                paragraphs (1) through (4) in a manner that minimizes 
                the potential for employment discrimination on the 
                basis of sex by ensuring generally that paid sick time 
                is available for eligible medical reasons on a gender-
                neutral basis; and
                    (B) to promote the goal of equal employment 
                opportunity for women and men.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' means a biological, foster, 
        or adopted child, a stepchild, a child of a domestic partner, a 
        legal ward, or a child of a person standing in loco parentis, 
        who is--
                    (A) under 18 years of age; or
                    (B) 18 years of age or older and incapable of self-
                care because of a mental or physical disability.
            (2) Domestic partner.--The term ``domestic partner'' means 
        the person recognized as being in a relationship with an 
        employee under any domestic partnership, civil union, or 
        similar law of the State or political subdivision of a State in 
        which the employee resides.
            (3) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the 
        reference in such section to the term ``jurisdiction receiving 
        grant monies'' shall be deemed to mean the jurisdiction in 
        which the victim lives or the jurisdiction in which the 
        employer involved is located.
            (4) Employee.--The term ``employee'' means an individual 
        who is--
                    (A)(i) an employee, as defined in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)), who is not covered under subparagraph (E), 
                including such an employee of the Library of Congress, 
                except that a reference in such section to an employer 
                shall be considered to be a reference to an employer 
                described in clauses (i)(I) and (ii) of paragraph 
                (5)(A); or
                    (ii) an employee of the Government Accountability 
                Office;
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a));
                    (C) a covered employee, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301), other than an applicant for employment;
                    (D) a covered employee, as defined in section 
                411(c) of title 3, United States Code; or
                    (E) a Federal officer or employee covered under 
                subchapter V of chapter 63 of title 5, United States 
                Code.
            (5) Employer.--
                    (A) In general.--The term ``employer'' means a 
                person who is--
                            (i)(I) a covered employer, as defined in 
                        subparagraph (B), who is not covered under 
                        subclause (V);
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991;
                            (III) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995;
                            (IV) an employing office, as defined in 
                        section 411(c) of title 3, United States Code; 
                        or
                            (V) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                            (ii) is engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government), as 
                        defined in subparagraph (B)(iii).
                    (B) Covered employer.--
                            (i) In general.--In subparagraph (A)(i)(I), 
                        the term ``covered employer''--
                                    (I) means any person engaged in 
                                commerce or in any industry or activity 
                                affecting commerce who employs 15 or 
                                more employees for each working day 
                                during each of 20 or more calendar 
                                workweeks in the current or preceding 
                                calendar year;
                                    (II) includes--
                                            (aa) any person who acts, 
                                        directly or indirectly, in the 
                                        interest of an employer to any 
                                        of the employees of such 
                                        employer; and
                                            (bb) any successor in 
                                        interest of an employer;
                                    (III) includes any ``public 
                                agency'', as defined in section 3(x) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 203(x)); and
                                    (IV) includes the Government 
                                Accountability Office and the Library 
                                of Congress.
                            (ii) Public agency.--For purposes of clause 
                        (i)(III), a public agency shall be considered 
                        to be a person engaged in commerce or in an 
                        industry or activity affecting commerce.
                            (iii) Definitions.--For purposes of this 
                        subparagraph:
                                    (I) Commerce.--The terms 
                                ``commerce'' and ``industry or activity 
                                affecting commerce'' mean any activity, 
                                business, or industry in commerce or in 
                                which a labor dispute would hinder or 
                                obstruct commerce or the free flow of 
                                commerce, and include ``commerce'' and 
                                any ``industry affecting commerce'', as 
                                defined in paragraphs (1) and (3) of 
                                section 501 of the Labor Management 
                                Relations Act, 1947 (29 U.S.C. 142 (1) 
                                and (3)).
                                    (II) Employee.--The term 
                                ``employee'' has the same meaning given 
                                such term in section 3(e) of the Fair 
                                Labor Standards Act of 1938 (29 U.S.C. 
                                203(e)).
                                    (III) Person.--The term ``person'' 
                                has the same meaning given such term in 
                                section 3(a) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                203(a)).
                    (C) Predecessors.--Any reference in this paragraph 
                to an employer shall include a reference to any 
                predecessor of such employer.
            (6) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (7) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A)(i) is a doctor of medicine or osteopathy who is 
                authorized to practice medicine or surgery (as 
                appropriate) by the State in which the doctor 
                practices; or
                    (ii) is any other person determined by the 
                Secretary to be capable of providing health care 
                services; and
                    (B) is not employed by an employer for whom the 
                provider issues certification under this Act.
            (8) Paid sick time.--The term ``paid sick time'' means an 
        increment of compensated leave that can be earned by an 
        employee for use during an absence from employment for any of 
        the reasons described in paragraphs (1) through (4) of section 
        5(b).
            (9) Parent.--The term ``parent'' means a biological, 
        foster, or adoptive parent of an employee, a stepparent of an 
        employee, parent-in-law, parent of a domestic partner, or a 
        legal guardian or other person who stood in loco parentis to an 
        employee when the employee was a child.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (11) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)).
            (12) Spouse.--The term ``spouse'', with respect to an 
        employee, has the meaning given such term by the marriage laws 
        of the State in which the employee resides.
            (13) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (14) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002(a) of the Violence Against Women Act 
        of 1994 (42 U.S.C. 13925(a)).
            (15) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, sexual assault, or stalking or advocates for such 
        victims, including a rape crisis center, an organization 
        carrying out a domestic violence, sexual assault, or stalking 
        prevention or treatment program, an organization operating a 
        shelter or providing counseling services, or a legal services 
        organization or other organization providing assistance through 
        the legal process.

SEC. 5. PROVISION OF PAID SICK TIME.

    (a) Accrual of Paid Sick Time.--
            (1) In general.--An employer shall permit each employee 
        employed by the employer to earn not less than 1 hour of paid 
        sick time for every 30 hours worked, to be used as described in 
        subsection (b). An employer shall not be required to permit an 
        employee to earn, under this section, more than 56 hours of 
        paid sick time in a calendar year, unless the employer chooses 
        to set a higher limit.
            (2) Exempt employees.--
                    (A) In general.--Except as provided in paragraph 
                (3), for purposes of this section, an employee who is 
                exempt from overtime requirements under section 
                13(a)(1) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 213(a)(1)) shall be assumed to work 40 hours in 
                each workweek.
                    (B) Shorter normal workweek.--If the normal 
                workweek of such an employee is less than 40 hours, the 
                employee shall earn paid sick time based upon that 
                normal work week.
            (3) Dates of accrual and use.--Employees shall begin to 
        earn paid sick time under this section at the commencement of 
        their employment. An employee shall be entitled to use the 
        earned paid sick time beginning on the 60th calendar day 
        following commencement of the employee's employment. After that 
        60th calendar day, the employee may use the paid sick time as 
        the time is earned. An employer may, at the discretion of the 
        employer, loan paid sick time to an employee in advance of the 
        earning of such time under this section by such employee.
            (4) Carryover.--
                    (A) In general.--Except as provided in subparagraph 
                (B), paid sick time earned under this section shall 
                carry over from 1 calendar year to the next.
                    (B) Construction.--This Act shall not be construed 
                to require an employer to permit an employee to accrue 
                more than 56 hours of earned paid sick time at a given 
                time.
            (5) Employers with existing policies.--Any employer with a 
        paid leave policy who makes available an amount of paid leave 
        that is sufficient to meet the requirements of this section and 
        that may be used for the same purposes and under the same 
        conditions as the purposes and conditions outlined in 
        subsection (b) shall not be required to permit an employee to 
        earn additional paid sick time under this section.
            (6) Construction.--Nothing in this section shall be 
        construed as requiring financial or other reimbursement to an 
        employee from an employer upon the employee's termination, 
        resignation, retirement, or other separation from employment 
        for earned paid sick time that has not been used.
            (7) Reinstatement.--If an employee is separated from 
        employment with an employer and is rehired, within 12 months 
        after that separation, by the same employer, the employer shall 
        reinstate the employee's previously earned paid sick time. The 
        employee shall be entitled to use the earned paid sick time and 
        earn additional paid sick time at the recommencement of 
        employment with the employer.
            (8) Prohibition.--An employer may not require, as a 
        condition of providing paid sick time under this Act, that the 
        employee involved search for or find a replacement worker to 
        cover the hours during which the employee is using paid sick 
        time.
    (b) Uses.--Paid sick time earned under this section may be used by 
an employee for any of the following:
            (1) An absence resulting from a physical or mental illness, 
        injury, or medical condition of the employee.
            (2) An absence resulting from obtaining professional 
        medical diagnosis or care, or preventive medical care, for the 
        employee.
            (3) An absence for the purpose of caring for a child, a 
        parent, a spouse, a domestic partner, or any other individual 
        related by blood or affinity whose close association with the 
        employee is the equivalent of a family relationship, who--
                    (A) has any of the conditions or needs for 
                diagnosis or care described in paragraph (1) or (2); 
                and
                    (B) in the case of someone who is not a child, is 
                otherwise in need of care.
            (4) An absence resulting from domestic violence, sexual 
        assault, or stalking, if the time is to--
                    (A) seek medical attention for the employee or the 
                employee's child, parent, spouse, domestic partner, or 
                an individual related to the employee as described in 
                paragraph (3), to recover from physical or 
                psychological injury or disability caused by domestic 
                violence, sexual assault, or stalking;
                    (B) obtain or assist a related person described in 
                paragraph (3) in obtaining services from a victim 
                services organization;
                    (C) obtain or assist a related person described in 
                paragraph (3) in obtaining psychological or other 
                counseling;
                    (D) seek relocation; or
                    (E) take legal action, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or resulting from domestic violence, sexual 
                assault, or stalking.
    (c) Scheduling.--An employee shall make a reasonable effort to 
schedule a period of paid sick time under this Act in a manner that 
does not unduly disrupt the operations of the employer.
    (d) Procedures.--
            (1) In general.--Paid sick time shall be provided upon the 
        oral or written request of an employee. Such request shall--
                    (A) include the expected duration of the period of 
                such time;
                    (B) in a case in which the need for such period of 
                time is foreseeable at least 7 days in advance of such 
                period, be provided at least 7 days in advance of such 
                period; and
                    (C) otherwise, be provided as soon as practicable 
                after the employee is aware of the need for such 
                period.
            (2) Certification in general.--
                    (A) Provision.--
                            (i) In general.--Subject to subparagraph 
                        (C), an employer may require that a request for 
                        paid sick time under this section for a purpose 
                        described in paragraph (1), (2), or (3) of 
                        subsection (b) be supported by a certification 
                        issued by the health care provider of the 
                        eligible employee or of an individual described 
                        in subsection (b)(3), as appropriate, if the 
                        period of such time covers more than 3 
                        consecutive workdays.
                            (ii) Timeliness.--The employee shall 
                        provide a copy of such certification to the 
                        employer in a timely manner, not later than 30 
                        days after the first day of the period of time. 
                        The employer shall not delay the commencement 
                        of the period of time on the basis that the 
                        employer has not yet received the 
                        certification.
                    (B) Sufficient certification.--
                            (i) In general.--A certification provided 
                        under subparagraph (A) shall be sufficient if 
                        it states--
                                    (I) the date on which the period of 
                                time will be needed;
                                    (II) the probable duration of the 
                                period of time;
                                    (III) the appropriate medical facts 
                                within the knowledge of the health care 
                                provider regarding the condition 
                                involved, subject to clause (ii); and
                                    (IV)(aa) for purposes of paid sick 
                                time under subsection (b)(1), a 
                                statement that absence from work is 
                                medically necessary;
                                    (bb) for purposes of such time 
                                under subsection (b)(2), the dates on 
                                which testing for a medical diagnosis 
                                or care is expected to be given and the 
                                duration of such testing or care; and
                                    (cc) for purposes of such time 
                                under subsection (b)(3), in the case of 
                                time to care for someone who is not a 
                                child, a statement that care is needed 
                                for an individual described in such 
                                subsection, and an estimate of the 
                                amount of time that such care is needed 
                                for such individual.
                            (ii) Limitation.--In issuing a 
                        certification under subparagraph (A), a health 
                        care provider shall make reasonable efforts to 
                        limit the medical facts described in clause 
                        (i)(III) that are disclosed in the 
                        certification to the minimum necessary to 
                        establish a need for the employee to utilize 
                        paid sick time.
                    (C) Regulations.--Regulations prescribed under 
                section 13 shall specify the manner in which an 
                employee who does not have health insurance shall 
                provide a certification for purposes of this paragraph.
                    (D) Confidentiality and nondisclosure.--
                            (i) Protected health information.--Nothing 
                        in this Act shall be construed to require a 
                        health care provider to disclose information in 
                        violation of section 1177 of the Social 
                        Security Act (42 U.S.C. 1320d-6) or the 
                        regulations promulgated pursuant to section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act of 1996 (42 U.S.C. 1320d-2 
                        note).
                            (ii) Health information records.--If an 
                        employer possesses health information about an 
                        employee or an employee's child, parent, 
                        spouse, domestic partner, or an individual 
                        related to the employee as described in 
                        subsection (b)(3), such information shall--
                                    (I) be maintained on a separate 
                                form and in a separate file from other 
                                personnel information;
                                    (II) be treated as a confidential 
                                medical record; and
                                    (III) not be disclosed except to 
                                the affected employee or with the 
                                permission of the affected employee.
            (3) Certification in the case of domestic violence, sexual 
        assault, or stalking.--
                    (A) In general.--An employer may require that a 
                request for paid sick time under this section for a 
                purpose described in subsection (b)(4) be supported by 
                1 of the following forms of documentation:
                            (i) A police report indicating that the 
                        employee, or a member of the employee's family 
                        described in subsection (b)(4), was a victim of 
                        domestic violence, sexual assault, or stalking.
                            (ii) A court order protecting or separating 
                        the employee or a member of the employee's 
                        family described in subsection (b)(4) from the 
                        perpetrator of an act of domestic violence, 
                        sexual assault, or stalking, or other evidence 
                        from the court or prosecuting attorney that the 
                        employee or a member of the employee's family 
                        described in subsection (b)(4) has appeared in 
                        court or is scheduled to appear in court in a 
                        proceeding related to domestic violence, sexual 
                        assault, or stalking.
                            (iii) Other documentation signed by an 
                        employee or volunteer working for a victim 
                        services organization, an attorney, a police 
                        officer, a medical professional, a social 
                        worker, an antiviolence counselor, or a member 
                        of the clergy, affirming that the employee or a 
                        member of the employee's family described in 
                        subsection (b)(4) is a victim of domestic 
                        violence, sexual assault, or stalking.
                    (B) Requirements.--The requirements of paragraph 
                (2) shall apply to certifications under this paragraph, 
                except that--
                            (i) subclauses (III) and (IV) of 
                        subparagraph (B)(i) and subparagraph (B)(ii) of 
                        such paragraph shall not apply;
                            (ii) the certification shall state the 
                        reason that the leave is required with the 
                        facts to be disclosed limited to the minimum 
                        necessary to establish a need for the employee 
                        to be absent from work, and the employee shall 
                        not be required to explain the details of the 
                        domestic violence, sexual assault, or stalking 
                        involved; and
                            (iii) with respect to confidentiality under 
                        subparagraph (D) of such paragraph, any 
                        information provided to the employer under this 
                        paragraph shall be confidential, except to the 
                        extent that any disclosure of such information 
                        is--
                                    (I) requested or consented to in 
                                writing by the employee; or
                                    (II) otherwise required by 
                                applicable Federal or State law.

SEC. 6. POSTING REQUIREMENT.

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

SEC. 7. PROHIBITED ACTS.

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

SEC. 8. ENFORCEMENT AUTHORITY.

    (a) In General.--
            (1) Definition.--In this subsection:
                    (A) the term ``employee'' means an employee 
                described in subparagraph (A) or (B) of section 4(4); 
                and
                    (B) the term ``employer'' means an employer 
                described in subclause (I) or (II) of section 
                4(5)(A)(i).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this Act, or any regulation or order 
                issued under this Act, the Secretary shall have, 
                subject to subparagraph (C), the investigative 
                authority provided under section 11(a) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
                respect to employers, employees, and other individuals 
                affected.
                    (B) Obligation to keep and preserve records.--An 
                employer shall make, keep, and preserve records 
                pertaining to compliance with this Act in accordance 
                with section 11(c) of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 211(c)) and in accordance with 
                regulations prescribed by the Secretary.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require, under 
                the authority of this paragraph, an employer to submit 
                to the Secretary any books or records more than once 
                during any 12-month period, unless the Secretary has 
                reasonable cause to believe there may exist a violation 
                of this Act or any regulation or order issued pursuant 
                to this Act, or is investigating a charge pursuant to 
                paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation provided for in this paragraph, the 
                Secretary shall have the subpoena authority provided 
                for under section 9 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 209).
            (3) Civil action by employees or individuals.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (B) may be maintained against any employer in any 
                Federal or State court of competent jurisdiction by one 
                or more employees or individuals or their 
                representative for and on behalf of--
                            (i) the employees or individuals; or
                            (ii) the employees or individuals and 
                        others similarly situated.
                    (B) Liability.--Any employer who violates section 7 
                (including a violation relating to rights provided 
                under section 5) shall be liable to any employee or 
                individual affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost by 
                                        reason of the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost, 
                                        any actual monetary losses 
                                        sustained as a direct result of 
                                        the violation up to a sum equal 
                                        to 56 hours of wages or salary 
                                        for the employee or individual;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages; and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (C) Fees and costs.--The court in an action under 
                this paragraph shall, in addition to any judgment 
                awarded to the plaintiff, allow a reasonable attorney's 
                fee, reasonable expert witness fees, and other costs of 
                the action to be paid by the defendant.
            (4) Action by the secretary.--
                    (A) Administrative action.--The Secretary shall 
                receive, investigate, and attempt to resolve complaints 
                of violations of section 7 (including a violation 
                relating to rights provided under section 5) in the 
                same manner that the Secretary receives, investigates, 
                and attempts to resolve complaints of violations of 
                sections 6 and 7 of the Fair Labor Standards Act of 
                1938 (29 U.S.C. 206 and 207).
                    (B) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (3)(B)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to subparagraph (B) shall be held in 
                a special deposit account and shall be paid, on order 
                of the Secretary, directly to each employee or 
                individual affected. Any such sums not paid to an 
                employee or individual affected because of inability to 
                do so within a period of 3 years shall be deposited 
                into the Treasury of the United States as miscellaneous 
                receipts.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of section 7 (including 
                a willful violation relating to rights provided under 
                section 5), such action may be brought within 3 years 
                of the date of the last event constituting the alleged 
                violation for which such action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph, it shall be considered to 
                be commenced on the date when the complaint is filed.
            (6) Action for injunction by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of section 7 (including 
                a violation relating to rights provided under section 
                5), including the restraint of any withholding of 
                payment of wages, salary, employment benefits, or other 
                compensation, plus interest, found by the court to be 
                due to employees or individuals eligible under this 
                Act; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) Government accountability office and library of 
        congress.--Notwithstanding any other provision of this 
        subsection, in the case of the Government Accountability Office 
        and the Library of Congress, the authority of the Secretary of 
        Labor under this subsection shall be exercised respectively by 
        the Comptroller General of the United States and the Librarian 
        of Congress.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this Act against an employee described in 
section 4(4)(C).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this Act against an employee described in section 4(4)(D).
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this Act against an employee 
described in section 4(4)(E).
    (e) Remedies for State Employees.--
            (1) Waiver of sovereign immunity.--A State's receipt or use 
        of Federal financial assistance for any program or activity of 
        a State shall constitute a waiver of sovereign immunity, under 
        the 11th Amendment to the Constitution or otherwise, to a suit 
        brought by an employee of that program or activity under this 
        Act for equitable, legal, or other relief authorized under this 
        Act.
            (2) Official capacity.--An official of a State may be sued 
        in the official capacity of the official by any employee who 
        has complied with the procedures under subsection (a)(3), for 
        injunctive relief that is authorized under this Act. In such a 
        suit the court may award to the prevailing party those costs 
        authorized by section 722 of the Revised Statutes (42 U.S.C. 
        1988).
            (3) Applicability.--With respect to a particular program or 
        activity, paragraph (1) applies to conduct occurring on or 
        after the day, after the date of enactment of this Act, on 
        which a State first receives or uses Federal financial 
        assistance for that program or activity.
            (4) Definition of program or activity.--In this subsection, 
        the term ``program or activity'' has the meaning given the term 
        in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a).

SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.

    (a) Compilation of Information.--Effective 90 days after the date 
of enactment of this Act, the Commissioner of Labor Statistics shall 
annually compile information on the following:
            (1) The number of employees who used paid sick time.
            (2) The number of hours of paid sick time used.
            (3) The number of employees who used paid sick time for 
        absences necessary due to domestic violence, sexual assault, or 
        stalking.
            (4) The demographic characteristics of employees who were 
        eligible for and who used paid sick time.
    (b) GAO Study.--
            (1) In general.--The Comptroller General of the United 
        States shall annually conduct a study to determine the 
        following:
                    (A)(i) The number of days employees used paid sick 
                time and the reasons for the use.
                    (ii) The number of employees who used the paid sick 
                time for periods of time covering more than 3 
                consecutive workdays.
                    (B) The cost and benefits to employers of 
                implementing the paid sick time policies.
                    (C) The cost to employees of providing 
                certification to obtain the paid sick time.
                    (D) The benefits of the paid sick time to employees 
                and their family members, including effects on 
                employees' ability to care for their family members or 
                to provide for their own health needs.
                    (E) Whether the paid sick time affected employees' 
                ability to sustain an adequate income while meeting 
                needs of the employees and their family members.
                    (F) Whether employers who administered paid sick 
                time policies prior to the date of enactment of this 
                Act were affected by the provisions of this Act.
                    (G) Whether other types of leave were affected by 
                this Act.
                    (H) Whether paid sick time affected retention and 
                turnover and costs of presenteeism.
                    (I) Whether the paid sick time increased the use of 
                less costly preventive medical care and lowered the use 
                of emergency room care.
                    (J) Whether the paid sick time reduced the number 
                of children sent to school when the children were sick.
            (2) Disaggregating data.--The data collected under 
        subparagraphs (A) and (D) of paragraph (1) shall be 
        disaggregated by gender, race, disability, earnings level, age, 
        marital status, family type, including parental status, and 
        industry.
            (3) Reports.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Comptroller General 
                of the United States shall prepare and submit a report 
                to the appropriate committees of Congress concerning 
                the results of the study conducted pursuant to 
                paragraph (1) and the data aggregated under paragraph 
                (2).
                    (B) Followup report.--Not later than 5 years after 
                the date of enactment of this Act, the Comptroller 
                General of the United States shall prepare and submit a 
                followup report to the appropriate committees of 
                Congress concerning the results of the study conducted 
                pursuant to paragraph (1) and the data aggregated under 
                paragraph (2).

SEC. 10. EFFECT ON OTHER LAWS.

    (a) Federal and State Antidiscrimination Laws.--Nothing in this Act 
shall be construed to modify or affect any Federal or State law 
prohibiting discrimination on the basis of race, religion, color, 
national origin, sex, age, disability, sexual orientation, gender 
identity, marital status, familial status, or any other protected 
status.
    (b) State and Local Laws.--Nothing in this Act shall be construed 
to supersede (including preempting) any provision of any State or local 
law that provides greater paid sick time or leave rights (including 
greater amounts of paid sick time or leave, or greater coverage of 
those eligible for paid sick time or leave) than the rights established 
under this Act.

SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

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

SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

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

SEC. 13. REGULATIONS.

    (a) In General.--
            (1) Authority.--Except as provided in paragraph (2), not 
        later than 180 days after the date of enactment of this Act, 
        the Secretary shall prescribe such regulations as are necessary 
        to carry out this Act with respect to employees described in 
        subparagraph (A) or (B) of section 4(4) and other individuals 
        affected by employers described in subclause (I) or (II) of 
        section 4(5)(A)(i).
            (2) Government accountability office; library of 
        congress.--The Comptroller General of the United States and the 
        Librarian of Congress shall prescribe the regulations with 
        respect to employees of the Government Accountability Office 
        and the Library of Congress, respectively, and other 
        individuals affected by the Comptroller General of the United 
        States and the Librarian of Congress, respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) Authority.--Not later than 90 days after the Secretary 
        prescribes regulations under section 13(a), the Board of 
        Directors of the Office of Compliance shall prescribe (in 
        accordance with section 304 of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary 
        to carry out this Act with respect to employees described in 
        section 4(4)(C) and other individuals affected by employers 
        described in section 4(5)(A)(i)(III).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the Board may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) Authority.--Not later than 90 days after the Secretary 
        prescribes regulations under section 13(a), the President (or 
        the designee of the President) shall prescribe such regulations 
        as are necessary to carry out this Act with respect to 
        employees described in section 4(4)(D) and other individuals 
        affected by employers described in section 4(5)(A)(i)(IV).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the President (or designee) may determine, for good 
        cause shown and stated together with the regulations prescribed 
        under paragraph (1), that a modification of such regulations 
        would be more effective for the implementation of the rights 
        and protections involved under this section.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
            (1) Authority.--Not later than 90 days after the Secretary 
        prescribes regulations under section 13(a), the Director of the 
        Office of Personnel Management shall prescribe such regulations 
        as are necessary to carry out this Act with respect to 
        employees described in section 4(4)(E) and other individuals 
        affected by employers described in section 4(5)(A)(i)(V).
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary to carry out this Act except 
        insofar as the Director may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.

SEC. 14. EFFECTIVE DATES.

    (a) Effective Date.--This Act shall take effect 6 months after the 
date of issuance of regulations under section 13(a)(1).
    (b) Collective Bargaining Agreements.--In the case of a collective 
bargaining agreement in effect on the effective date prescribed by 
subsection (a), this Act shall take effect on the earlier of--
            (1) the date of the termination of such agreement; or
            (2) the date that occurs 18 months after the date of 
        issuance of regulations under section 13(a)(1).
                                 <all>