[Congressional Record Volume 157, Number 65 (Thursday, May 12, 2011)]
[Senate]
[Pages S2947-S2954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Ms. Mikulski, Mrs. Murray, Mr. 
        Sanders, Mr. Casey, Mr. Merkley, Mr. Franken, Mr. Whitehouse, 
        Mr. Blumenthal, Mr. Inouye, Mr. Levin, Mr. Kerry, Mr. Akaka, 
        Mr. Durbin, Mr. Schumer, Mr. Lautenberg, Mr. Brown of Ohio, and 
        Mrs. Gillibrand):
  S. 984. 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; to the Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, last weekend we observed Mother's Day and 
celebrated our families. When we reflect on our own mothers, many of us 
think about the woman who nursed us when we were sick, took us to the 
doctor for checkups, and cared for our grandparents as they aged, while 
at the same time working to put food on the table.
  These balancing acts are hard enough. But for many moms, and dads, 
across the country, juggling all these roles means making impossible 
choices. This is especially true for people who do not have the basic 
right of paid sick days. For these workers, missing work due to an 
illness, injury, or doctor's appointment can mean putting their job and 
their family's financial security in jeopardy. So they are forced to 
choose between the jobs they need and the families they love. In these 
difficult economic times, no one should have to make that choice.
  But for a huge segment of the American workforce, these difficult 
choices are a daily reality. Four in ten U.S. workers have no paid sick 
days, they cannot miss a day of work with the guarantee of their pay or 
the assurance that their job will be there when they come back. What is 
more, 2/3 of low-wage workers, those who can least afford to lose a 
paycheck or a job, have no paid sick days. This means many of these 
workers report to work sick or send their children to school or day 
care sick, spreading their illness to others.
  This robs workers of their basic dignity, and that shouldn't happen 
in a country as wealthy and successful as America. In fact, the U.S. is 
the only developed country that does not guarantee paid sick days to 
its workers, and our workers are the most productive in the world! 
America's workers deserve to earn a decent living; a living where they 
can provide for their families without being punished when they or 
their children catch the flu. America's workers deserve paid sick days.

[[Page S2949]]

  Lack of access to paid sick days isn't just a crisis for individual 
families--it's a public health crisis as well. Health officials urge 
people with contagious illnesses to stay home from work to avoid 
spreading disease. But the workers in industries with the most contact 
with the public, such as food service and hospitality, are the least 
likely to have paid sick days. A recent survey shows that nearly two-
thirds of restaurant workers, 3/4 of whom don't have paid sick days, 
report cooking or serving food while sick. This puts the health of all 
of us in jeopardy. And not having paid sick days puts these workers in 
the terrible position of choosing between the health of their customers 
and their family's health and economic security.
  But this doesn't have to be the case. We can give working people the 
tools they need to protect their health and their families' health 
while also safeguarding the public health. Workers want to do the right 
thing and stay home when they are ill or stay home with their sick 
children rather than sending them to school. But our current laws 
simply do not protect them.
  This is why Congresswoman Rosa DeLauro and I are introducing the 
Healthy Families Act, which will allow U.S. workers to earn up to 7 
paid sick days per year to recover from short-term illness, care for a 
sick family member, seek routine medical care, or seek help if they are 
victims of domestic violence. This important legislation will provide 
much-needed security for hardworking families struggling to balance the 
obligations of work and family. It will improve public health and 
decrease health costs by preventing the spread of disease and giving 
employees the access they need to obtain preventive care and treatment. 
It will also help victims of domestic violence to protect their 
families and their futures.
  Providing paid sick days to workers will be good for working people 
and their families, and good for our businesses and our economy as 
well. Allowing workers to tend to their health or their families' 
engenders good will and loyalty, and boosts morale at the workplace. 
Businesses will save because the greatest cause of lost productivity 
due to illness is not absenteeism but ``presenteeism,'' the practice of 
sick workers coming to work, infecting their colleagues, and being less 
productive themselves. Businesses whose workers have paid sick days 
will also benefit from reduced turnover, and its high associated costs, 
when workers can hold on to their jobs. Experience bears this out, in 
San Francisco, where workers have had guaranteed paid sick days since 
2007, surveys show that 6 out of 7 employers found no negative effect 
on profit. Indeed, 4 years after implementation, two-thirds of surveyed 
employers were supportive of the city's paid sick days law.
  The overall economy will benefit from reduced health costs as well. 
Ensuring that workers are able to seek preventive care as well as care 
in a doctor's office, rather than the ER, will minimize health care 
costs. Reducing the spread of contagious illnesses by allowing workers 
or children to stay at home where they won't infect their coworkers or 
classmates will also reduce health costs by keeping more people healthy 
in the first place.
  Most of all, workers will have peace of mind and financial security. 
They won't be faced with a potentially long search for new work, while 
collecting unemployment benefits. They won't face reduced income and 
having to cut back on their spending on food, medicine, and other 
necessities bought in their local communities. Working people will have 
the security of knowing that if illness strikes, they will be able to 
tend to their families without losing their jobs or their paychecks.
  The Healthy Families Act has had the strongest of Senate champions 
who have led the fight for workers' rights, Senator Kennedy and Senator 
Dodd. I am proud to be the new leader for this vital piece of 
legislation. I thank my colleagues who are joining me today as original 
cosponsors, and I encourage all Senators to join us in supporting the 
Healthy Families Act. This bill will provide health, peace of mind, and 
security for America's workers and their families. At a time when the 
American Dream and the middle class seem to be slipping away, these 
goals could never be more important.
  Mr. President, 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. 984

       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 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.
       (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.
       (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.
       (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) 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.
       (12) Nearly 40 percent of the private-sector workforce 
     (about 40,000,000 workers) lack 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.
       (13) Workers' access to paid sick time varies dramatically 
     by wage level. For private-sector workers in the lowest 
     quartile of earners, 68 percent lack paid sick time. For 
     workers in the next 2 quartiles, 34 and 25 percent, 
     respectively, lack paid sick time. Even for workers in the 
     highest income quartile, 16 percent lack paid sick time. In 
     addition, millions of workers cannot use paid sick time to 
     care for ill family members.
       (14) 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.
       (15) 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''.
       (16) 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.

[[Page S2950]]

       (17) 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.
       (18) 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.
       (19) 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.
       (20) 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.
       (21) 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.
       (22) 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.
       (23) 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 accomplish the purposes described in paragraphs (1) 
     through (3) in a manner that is feasible for employers; and
       (5) 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 (3) 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 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 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.
       (3) 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 (4)(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.
       (4) 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.
       (5) 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)).
       (6) 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.
       (7) 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).
       (8) 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.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (10) 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)).
       (11) 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.
       (12) 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)).
       (13) 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

[[Page S2951]]

     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, 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, or spouse, 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 or other individual 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

[[Page S2952]]

     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(3); and
       (B) the term ``employer'' means an employer described in 
     subclause (I) or (II) of section 4(4)(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

[[Page S2953]]

     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(3)(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(3)(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(3)(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) Aggregating data.--The data collected under 
     subparagraphs (A) and (D) of paragraph (1) shall be 
     aggregated 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, or disability.
       (b) State and Local Laws.--Nothing in this Act shall be 
     construed to supersede (including preempting) any provision 
     of any State or local law that provides greater paid sick 
     time or leave rights (including greater paid sick time or 
     leave, or greater coverage of those eligible for paid sick 
     time or leave) than the rights established under this Act.

     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(3) and 
     other individuals affected by employers described in 
     subclause (I) or (II) of section 4(4)(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(3)(C) 
     and other individuals affected by employers described in 
     section 4(4)(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(3)(D) and other individuals affected by employers 
     described in section 4(4)(A)(i)(IV).
       (2) Agency regulations.--The regulations prescribed under 
     paragraph (1) shall be the same as substantive regulations 
     promulgated by the Secretary to carry out this Act except 
     insofar as the President (or designee) may determine, for 
     good cause shown and stated together with the regulations 
     prescribed under paragraph (1), that a modification of such 
     regulations would be more effective for the implementation of 
     the rights and protections involved under this section.
       (d) Employees Covered by 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(3)(E) and other individuals affected 
     by employers described in section 4(4)(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.

[[Page S2954]]

     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).
                                 ______