[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3220-S3224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Mr. Dodd, Mr. Harkin, Ms. Mikulski, 
        Mrs. Murray, Mrs. Clinton, Mr. Obama, Mr. Sanders, Mr. Brown, 
        Mr. Durbin, Mr. Inouye, Mr. Biden, Mr. Levin, Mr. Kerry, Mr. 
        Rockefeller, Mr. Lieberman, Mr. Akaka, Mrs. Boxer, Mr. 
        Feingold, Mr. Schumer, Mr. Lautenberg, Mr. Menendez, and Mr. 
        Casey):
  S. 910. 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; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. KENNEDY. Mr. President day in and day out across America, 
millions of men and women go to work in jobs that are the backbone of 
our economy. They make our country great and prosperous. They work hard 
to provide for their families and care for them.
  Often, however, they have to miss days of work because of illness. 
Every parent knows what it's like to care for a sick child, and every 
child knows the importance of a parent taking care of them when they 
are ill. Yet, every day, countless Americans find their paychecks or 
even their jobs at risk when illness strikes.
  As Members of Congress, we don't lose our pay or risk our jobs if we 
stay home because of illness. But millions of our fellow citizens are 
not so fortunate.
  Mr. President, 57 million Americans--nearly half of all private-
sector workers in the United States--do not have paid sick days. 
Seventy percent don't have paid sick days they can use to care for 
family members. They can't take a day off to recover from the flu. They 
can't leave work to care for a child who is running a fever.

  Among workers in the lowest income quarter, the numbers are even 
worse--percent do not have the right to take time off for illness 
without losing their payor even their jobs.
  This lack of protection is especially difficult for working women 
with children. Women have moved into the workforce in record numbers, 
but they continue to have primary responsibility for their children's 
health. Nearly 80 percent of mothers say they are solely responsible 
for their children's medical care. Yet they can't take a day off to 
care for a sick child.
  If we truly care about families, we have to change those facts. 
Americans want to be responsible employees and responsible parents. We 
need workplace laws that allow workers the time needed to care for 
themselves or family members when they are sick without losing payor 
risking their jobs.
  That is why today I am introducing the Healthy Families Act, to give 
American workers up to seven paid days of sick leave a year. Now 
Congresswoman Rosa DeLauro is introducing the legislation in the House 
of Representatives.
  Earlier this week, she and I met with hundreds of workers and parents 
from around the country, representing tens of thousands of parents 
asking Congress to take action.
  I am talking about hard-working people such as Bertha Brown, who 
spoke to hundreds of us in front of the Capitol. Bertha is a home 
healthcare aide. She has spent her life caring for America's sick and 
elderly, yet she herself has no paid sick days to care for herself or 
her children. She told us how she had to leave her sick daughter at 
home when she went to work.
  Paid sick days aren't just a family issue--they are also a public 
health issue. When sick people go to work, they are likely to infect 
their coworkers and the public. Every day, we hear reports of stomach 
illnesses breaking out in restaurants or on cruise ships. We learn of 
flu outbreaks leading to hospitalization of the elderly. Such illnesses 
are contagious, but their spread can be minimized if sick people stay 
at home.
  However, a high proportion of workers who have constant contact with 
the public have no paid sick days--85 percent of food service workers 
and 55 percent of workers in the retail industry are denied that 
benefit; 30 percent of health care workers can't take paid time off 
when they are ill.
  That is why nurses and doctors support paid sick days. When our 
Health Committee held a hearing on this issue last month, we heard from 
pediatricians at Boston Children's Hospital and a public health expert 
in San Francisco about the significant health benefits and reduction of 
medical costs that result from paid sick days. We all know that 
preventive care helps reduce medical costs. Giving people the 
opportunity to obtain medical treatment for illnesses or chronic 
medical conditions before their conditions worsen is common sense.
  Paid sick days also are important to help children stay healthy and 
in school so that they can learn. When sick children go to school, they 
don't learn well, and they are likely to infect their fellow students.
  We also heard this week from Carolyn Duff, a nurse in an elementary 
school in South Carolina. She treated a fifth grader she suspected had 
strep throat. His parents did not have paid sick days and could not 
take him to the doctor. After 4 days, his condition worsened. He 
developed scarlet fever and a rash covered his entire body--all because 
his parents, for fear of losing their jobs, weren't able to take time 
off to care for him. As Carolyn Duff said, the child not only suffered 
without the care of his parents, he also lost 10 precious days of his 
studies at school.
  Paid sick days will result in significant savings to our economy and 
our health care system. That is why employers support paid sick days 
too. Dancing Deer Bakery--a small business Boston--sent me a letter 
making this important point:

       A national paid sick days law creates a level playing field 
     for all businesses. . . . We hope that a bill will move 
     through both Chambers and be on the President's desk. Paid 
     sick days should be a non-partisan issue. A healthy nation is 
     a productive nation.

  Paid sick days are good for families, good for our public health, and 
good for our economy. Our people have waited long enough for this need 
to be met. It is time to pass the Healthy Families Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 910

       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, 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 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.
       (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. 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.

[[Page S3221]]

       (6) 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.
       (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 in good health 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 paid 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) Nearly half of Americans lack paid leave for self-care 
     or to care for a family member. For families in the lowest 
     quartile of earners, 79 percent lack paid sick leave. For 
     families in the next 2 quartiles, 46 and 38 percent, 
     respectively, lack paid sick leave. Even for families in the 
     highest income quartile, 28 percent lack paid sick leave. In 
     addition, millions of workers cannot use paid sick leave to 
     care for ill family members.
       (11) Due to 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.
       (12) An increasing number of men are also 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''.
       (13) 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.
       (14) 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.
       (15) 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.

     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, 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 of the Government Accountability Office;
       (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) a Federal officer or employee 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--

[[Page S3222]]

       (1) 7 days of sick leave with pay and employment benefits 
     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 and employment benefits 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 includes provisions for 
     the provision, use, and administration of paid sick leave 
     that meet the requirements of subsections (a) through (f).
       (2) No elimination, reduction, or redesignation of existing 
     leave.--An employer may not eliminate, reduce, or redesignate 
     any leave in existence on the date of enactment of this Act 
     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, 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 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.
       (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 
     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).

[[Page S3223]]

       (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 7 days 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(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. COLLECTION OF DATA ON PAID SICK DAYS 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 leave.
       (2) The number of hours of the paid sick leave used.
       (3) The demographic characteristics of employees who were 
     eligible for and who used the paid sick leave.
       (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 leave 
     and the reasons for the use.
       (ii) The number of employees who used the paid sick leave 
     for leave periods covering more than 3 consecutive workdays.
       (B) Whether employees used the paid sick leave to care for 
     illnesses or conditions caused by domestic violence against 
     the employees or their family members.
       (C) The cost and benefits to employers of implementing the 
     paid sick leave policies.
       (D) The cost to employees of providing certification issued 
     by a health care provider to obtain the paid sick leave.
       (E) The benefits of the paid sick leave 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.
       (F) Whether the paid sick leave affected employees' ability 
     to sustain an adequate income while meeting health needs of 
     the employees and their family members.
       (G) 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.
       (H) Whether other types of leave were affected by this Act.
       (I) Whether paid sick leave affected retention and turnover 
     and costs of presenteeism.
       (J) Whether the paid sick leave increased the use of less 
     costly preventive medical care and lowered the use of 
     emergency room care.
       (K) Whether the paid sick leave reduced the number of 
     children sent to school when the children were sick.
       (2) Aggregating data.--The data collected under 
     subparagraphs (A), (B), and (E) of paragraph (1) shall be 
     aggregated by gender, race, disability, earnings level, age, 
     marital status, and family type, including parental status.
       (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 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

[[Page S3224]]

     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, 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 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 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) and other 
     individuals affected by employers described in subclause (I) 
     or (II) of section 4(3)(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 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) and other individuals affected by employers 
     described in section 4(3)(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 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) and other individuals affected by 
     employers described in section 4(3)(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 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) and other individuals 
     affected by employers described in section 4(3)(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) 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).

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