[Congressional Record Volume 166, Number 52 (Wednesday, March 18, 2020)]
[Senate]
[Pages S1808-S1814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1559. Mrs. MURRAY (for herself, Mrs. Gillibrand, and Ms. Harris)
proposed an amendment to the bill H.R. 6201, making emergency
supplemental appropriations for the fiscal year ending September 30,
2020, and for other purposes; as follows:
At the appropriate place, insert the following:
DIVISION __--PAID SICK TIME AND PAID LEAVE
SECTION _001. SHORT TITLE.
This division may be cited as the ``Providing Americans
Insured Days of Leave Act of 2020''.
TITLE I--GENERAL PROVISIONS
SEC. _101. ADJUSTMENT TO THE FAMILIES FIRST CORONAVIRUS
RESPONSE ACT.
Notwithstanding any other provision of this Act, divisions,
C, E, and G shall have no force or effect.
TITLE II--IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK DAYS AND
PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES
SEC. _201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS FOR PAID SICK
DAYS AND PAID LEAVE FOR PUBLIC HEALTH
EMERGENCIES.
(a) Definitions.--In this title, the terms ``covered
individual'', ``employer'', ``paid sick time'', and
``Secretary'' have the meanings given the terms in section
_301.
(b) General Authority.--
(1) Reimbursement.--An employer of a covered individual who
uses paid sick time or emergency paid leave under title III
during 2020 or 2021 shall be reimbursed by the Secretary of
the Treasury out of the Treasury of the United States for the
wages paid to the covered individual for the period during
which the covered individual used the paid sick time or
emergency paid leave.
(2) Process.--
(A) Information.--To be eligible to receive such
reimbursement, the employer shall submit to the Secretary of
Labor an affidavit
[[Page S1809]]
that attests that the employer provided such paid sick time
or emergency paid leave, and related records showing the
period of and wages associated with the paid sick time or
emergency paid leave.
(B) Determination.--The Secretary shall review the
information in the affidavit and records and come to a
determination regarding the validity of such information
within 5 business days after receipt. If the Secretary does
not make a determination within the 5-business-day period, on
the sixth business day after receipt of such information the
Secretary shall be deemed to have determined the information
to be valid.
(C) Reimbursement.--Upon the Secretary's determination that
the information is valid and that the employer provided an
amount of such paid sick time or emergency paid leave to a
covered individual, the Secretary shall transmit the
determination, affidavit, and records to the Secretary of the
Treasury, and the Secretary of the Treasury shall provide
timely reimbursement out of the Treasury of the United
States. The Secretary of the Treasury shall provide that
reimbursement not later than 2 business days after receipt of
the determination from the Secretary of Labor.
(c) Fraud.--The Secretary of Labor and the Secretary of the
Treasury shall both have authority to investigate fraud under
this section and to seek recovery of fraudulently obtained
funds and related penalties in any court of competent
jurisdiction.
TITLE III--PAID SICK DAYS AND PAID LEAVE FOR PUBLIC HEALTH EMERGENCIES
SEC. _301. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a child of a domestic partner,
a legal ward, or a child of a person standing in loco
parentis.
(2) Covered individual.--The term ``covered individual''
means an individual who is--
(A) an employee; or
(B) an individual performing any services or labor for
remuneration for an employer, regardless of whether the
individual is classified as an independent contractor by the
employer.
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'', with
respect to an individual, means another individual with whom
the individual is in a committed relationship.
(B) Committed relationship defined.--The term ``committed
relationship'' means a relationship between 2 individuals,
each at least 18 years of age, in which each individual is
the other individual's sole domestic partner and both
individuals share responsibility for a significant measure of
each other's common welfare. The term includes any such
relationship between 2 individuals, including individuals of
the same sex, that is granted legal recognition by a State or
political subdivision of a State as a marriage or analogous
relationship, including a civil union or domestic
partnership.
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(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. Such
term also includes dating violence, as that term is defined
in such section.
(5) 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), 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 (6)(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, or any other
individual occupying a position in the civil service (as that
term is defined in section 2102(1) of title 5, United States
Code).
(6) 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) 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 1 or more
employees;
(II) includes--
(aa) any person who acts directly or indirectly in the
interest of (within the meaning of section 3(d) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(d)) an employer in
relation 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.
(ii) Public agency.--For purposes of subclause (III) or
(IV) of clause (i), 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.
(7) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to covered
individuals 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)).
(8) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(9) 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 title.
(10) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) can be--
(i) earned by a covered individual for use during an
absence from employment or work for a reason described in any
paragraph of section _302(b); or
(ii) provided by an employer during a public health
emergency for use during an absence from employment or work
for a reason described in any paragraph of section _302(b);
and
(B) is compensated at a rate that is not less than the
greatest of--
(i) the covered individual's regular rate of pay;
(ii) the minimum wage rate provided for in section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)); or
(iii) the minimum wage rate provided for in the applicable
State or local law for the State or locality in which the
covered individual is employed or works.
(11) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of a covered individual, a
stepparent of a covered individual, a parent-in-law of a
covered individual, a parent of a domestic partner of a
covered individual, or a legal guardian or other person who
stood in loco parentis to a covered individual when the
covered individual was a child.
(12) Public health emergency.--The term ``public health
emergency'' means--
(A) a public health emergency--
(i) declared by the Secretary of Health and Human Services
for a jurisdiction, or by a State or local public health
official with authority to declare such an emergency for the
State or jurisdiction within the State; and
(ii) due to a public health condition that is--
(I) emergent and acute;
(II) not a longstanding, chronic public health condition;
and
(B) an emergency with respect to coronavirus, as defined in
section 506 of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123),
declared by a Federal, State, or local public official.
(13) Qualified caregiving.--
[[Page S1810]]
(A) In general.--The term ``qualified caregiving'' means
any activity engaged in by an individual, other than regular
employment, for a reason for which an eligible employee would
be entitled to leave under subparagraphs (A) through (E) of
paragraph (1) of section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)).
(B) Determination of whether an activity constitutes
qualified caregiving.--For purposes of determining whether an
activity engaged in by an individual constitutes qualified
caregiving under subparagraph (A)--
(i) the term ``spouse'' (as used in section 102(a) of the
Family and Medical Leave Act (29 U.S.C. 2612(a))) includes
the individual's domestic partner; and
(ii) the term ``son or daughter'' (as used in such section)
includes a son or daughter (as defined in section 101 of such
Act (29 U.S.C. 2611) of the individual's domestic partner.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(15) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(16) Spouse.--The term ``spouse'', with respect to a
covered individual, has the meaning given such term by the
marriage laws of the State in which the marriage was
celebrated.
(17) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a)).
(18) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance
through the legal process.
(19) Work.--The term ``work'' means to be employed or to be
engaged in providing labor or services for an employer.
SEC. _302. PAID SICK TIME AND EMERGENCY PAID LEAVE.
(a) Earning of Paid Sick Time.--
(1) In general.--
(A) Earning.--Subject to subsection (c) and paragraph (2),
an employer shall provide each covered individual employed by
or working for the employer not less than 1 hour of earned
paid sick time for every 30 hours worked, to be used as
described in subsection (b).
(B) Limit.--An employer shall not be required to permit a
covered individual to earn, under this subsection, more than
56 hours of paid sick time in a 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 subsection, 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 under this subsection based upon that
normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
(A) In general.--Covered individuals shall begin to earn
paid sick time under this subsection at the commencement of
their employment or work. A covered individual shall be
entitled to use the earned paid sick time beginning on the
60th calendar day following commencement of the covered
individual's employment or work. After that 60th calendar
day, the covered individual 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 a covered individual for use
by such covered individual in advance of the covered
individual earning such sick time as provided in this
subsection and may permit use before the 60th day of
employment or work.
(B) Public health emergency.--Subparagraph (A) shall not
apply with respect to additional paid sick time provided
under subsection (c). In the event of a public health
emergency, a covered individual may immediately use the
accrued or additional paid sick time described in subsection
(c), regardless of how long the covered individual has been
employed by or working for an employer.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph (B),
paid sick time earned under this subsection shall carry over
from 1 year to the next.
(B) Construction.--This subsection shall not be construed
to require an employer to permit a covered individual to earn
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
subsection 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 a
covered individual to earn more paid sick time under this
subsection.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to a
covered individual from an employer upon the covered
individual's termination, resignation, retirement, or other
separation from employment or work for paid sick time that
has not been used.
(7) Reinstatement.--If a covered individual is separated
from employment or work with an employer and is rehired or
reengaged for work, within 12 months after that separation,
by the same employer, the employer shall reinstate the
covered individual's previously earned paid sick time under
this subsection. The covered individual shall be entitled to
use the earned paid sick time and earn more paid sick time at
the recommencement of employment or work with the employer.
(8) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this title, that
the covered individual involved search for or find a
replacement covered individual to cover the hours during
which the covered individual is using paid sick time.
(9) Scheduling.--A covered individual shall make a
reasonable effort to schedule a period of accrued paid sick
time under this subsection in a manner that does not unduly
disrupt the operations of the employer.
(b) Uses.--Paid sick time or emergency paid leave under
this section may be used by a covered individual for any of
the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the covered individual.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for
the covered individual.
(3) An absence resulting from the closure of a covered
individual's place of employment or work by order of a
Federal or State public official with jurisdiction, or at the
employer's discretion, due to a public health emergency.
(4) An absence because a Federal or State public official
with jurisdiction or a health care provider has determined,
or the covered individual has independently determined, that
the covered individual's presence in the community may
jeopardize the health of others because of the covered
individual's exposure to a communicable disease during a
public health emergency or the exhibition of symptoms of a
communicable disease during a public health emergency,
regardless of whether the covered individual has actually
contracted the communicable disease.
(5) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
covered individual is the equivalent of a family
relationship--
(A) who has any of the conditions or needs for diagnosis or
care described in paragraph (4);
(B) who is a child, if the child's school or place of care
has been closed by order of a Federal or State public
official with jurisdiction or at the discretion of the school
or place of care due to a public health emergency, including
if a school or entity operating the place of care is
physically closed but is providing education or care to the
child remotely; or
(C) because a Federal or State public official with
jurisdiction or a health care provider has determined that
the presence in the community of the person receiving care
may jeopardize the health of others because of the person's
exposure to a communicable disease during a public health
emergency, regardless of whether the person has actually
contracted the communicable disease.
(6) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
covered individual is the equivalent of a family
relationship--
(A) who has any of the conditions or needs for diagnosis or
care described in paragraph (1) or (2);
(B) who is a child, if the covered individual is required
to attend a school meeting or a meeting at a place where the
child is receiving care necessitated by the child's health
condition or disability; or
(C) who is otherwise in need of care.
(7) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the covered individual or
the covered individual's child, parent, spouse, domestic
partner, or an individual related to the covered individual
as described in paragraph (6), 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 (6) in obtaining services from a victim services
organization;
(C) obtain or assist a related person described in
paragraph (6) 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) Additional Paid Sick Time for Public Health
Emergency.--
(1) Additional paid sick time.--On the date of a
declaration of a public health emergency, an employer in the
jurisdiction involved shall provide each covered individual
[[Page S1811]]
of the employer in that jurisdiction with additional paid
sick time, in addition to any amount of paid sick time
accrued by the covered individual under subsection (a)
(including paid leave referred to in subsection (a)(5)).
(2) Amount of paid sick time.--In receiving additional paid
sick time under paragraph (1), the covered individual shall
receive--
(A) for a full-time salaried covered individual, a
specified amount of paid sick time that is sufficient to
provide the covered individual with 14 continuous days away
from work without a reduction in pay; and
(B) subject to paragraph (3), for a part-time, hourly, or
piece-rate covered individual, a specified amount of paid
sick time equal to the number of hours that the covered
individual was scheduled to work or, if not so scheduled,
regularly works in a 14-day period.
(3) Varying schedule hours calculation.--
(A) In general.--In the case of a part-time, hourly, or
piece-rate covered individual described in paragraph (2)(B)
whose schedule varies from week to week to such an extent
that an employer is unable to determine with certainty the
number of hours the covered individual regularly works, the
employer shall use the rules specified in subparagraph (B) to
calculate the amount of additional paid sick time that the
covered individual shall receive under paragraph (2)(B).
(B) Special calculation rules.--The employer shall
calculate that amount as--
(i) subject to clause (ii), a number equal to the average
number of hours that the covered individual was scheduled to
work per 14-day period over the 6-month period ending on the
date on which the covered individual takes such additional
paid sick time, including hours for which the covered
individual took leave of any type; or
(ii) if the covered individual did not work over such 6-
month period, the reasonable expectation of the covered
individual at the time of hiring or engagement of the average
number of hours per 14-day period that the covered individual
would regularly be scheduled to work.
(4) Guidelines.--Not later than 5 days after the date of
the enactment of this Act, the Secretary of Labor shall issue
guidelines to assist employers in calculating the amount of
additional paid sick time that a covered individual shall
receive under this subsection.
(5) Use of leave.--The additional sick time and accrued
sick time described in this subsection shall be available for
immediate use by the covered individual for the purposes
described in any paragraph of subsection (b) beginning on the
date a public health emergency is declared, regardless of how
long the covered individual has been employed by or working
for an employer.
(6) Periods.--A covered individual may take the additional
sick time on the schedule that meets the covered individual's
needs, consistent with subsection (b), including taking the
additional sick time intermittently or on a reduced leave
schedule, and an employer may not require a covered
individual to take the additional sick time in a single
period or on any other schedule specified by the employer.
(d) Emergency Paid Leave for Public Health Emergency.--
(1) In general.--During a public health emergency, an
employer in the jurisdiction involved shall provide each
covered individual of the employer in that jurisdiction with
emergency paid leave, in addition to any amount of paid sick
time accrued by the covered individual under subsection (a)
(including paid leave referred to in subsection (a)(5)) and
in addition to additional paid sick time under subsection
(c).
(2) Amount of paid leave.--In receiving emergency paid
leave under paragraph (1), the covered individual shall
receive 12 weeks of such paid leave.
(3) Amount of benefit.--In receiving emergency paid leave
under paragraph (1), the covered individual shall be
compensated at a rate that is not less than the greatest of--
(A) two-thirds of the covered individual's regular rate of
pay;
(B) the minimum wage rate provided for in section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)); or
(C) the minimum wage rate provided for in the applicable
State or local law for the State or locality in which the
covered individual is employed or working.
(4) Use of leave.--The emergency paid leave described in
this subsection shall be available for immediate use by the
covered individual for the purposes described in any
paragraph of subsection (b), and for qualified caregiving,
beginning on the date a public health emergency is declared,
regardless of how long the covered individual has been
employed by or working for an employer.
(5) Periods.--A covered individual may take the emergency
paid leave on the schedule that meets the covered
individual's needs, consistent with subsection (b) and the
definition of qualified caregiving, including taking the
emergency paid leave intermittently or on a reduced leave
schedule, and an employer may not require a covered
individual to take the emergency paid leave in a single
period or on any other schedule specified by the employer.
(6) Sequencing.--During a public health emergency, a
covered individual may first use the additional sick time for
the purposes described in any paragraph of subsection (b).
The covered individual may then use the emergency paid leave
during a public health emergency. A covered individual may
elect to use accrued sick time before additional sick time or
emergency paid leave. An employer may not require a covered
individual to use accrued sick time or any other paid leave
provided by the employer to the covered individual, before
using additional sick time or emergency paid leave.
(7) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to a
covered individual from an employer upon the covered
individual's termination, resignation, retirement, or other
separation from employment or work for emergency paid leave
that has not been used.
(8) Prohibition.--An employer may not require, as a
condition of providing emergency paid leave under this title,
that the covered individual involved search for or find a
replacement covered individual to cover the hours during
which the covered individual is using emergency paid leave.
(e) Procedures.--
(1) In general.--Paid sick time and emergency paid leave
shall be provided upon the oral or written request of a
covered individual. Such request shall--
(A) include the expected duration of the period of such
time or leave;
(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
covered individual is aware of the need for such period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraphs (C) and (D), an
employer may require that a request for paid sick time under
this section for a purpose described in paragraph (1), (2),
or (6) of subsection (b) be supported by a certification
issued by the health care provider of the covered individual
or of an individual described in subsection (b)(6), as
appropriate, if the period of such time covers more than 3
consecutive workdays.
(ii) Timeliness.--The covered individual 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)(6), 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 covered
individual to utilize paid sick time.
(C) Public health emergencies.--No certification or other
documentation may be required under this title by an employer
during any public health emergency.
(D) Regulations.--Regulations prescribed under section _311
shall specify the manner in which a covered individual who
does not have health insurance shall provide a certification
for purposes of this paragraph.
(E) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing in this title
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 a covered individual or a covered
individual's child, parent, spouse, domestic partner, or an
individual related to the covered individual as described in
subsection (b)(6), 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 covered
individual or with the permission of the affected covered
individual.
(3) Certification in the case of domestic violence, sexual
assault, or stalking.--
[[Page S1812]]
(A) In general.--An employer may require that a request for
paid sick time for a purpose described in subsection (b)(7)
be supported by any one of the following forms of
documentation, but the employer may not specify the
particular form of documentation to be provided:
(i) A police report indicating that the covered individual,
or a member of the covered individual's family described in
subsection (b)(7), was a victim of domestic violence, sexual
assault, or stalking.
(ii) A court order protecting or separating the covered
individual or a member of the covered individual's family
described in subsection (b)(7) from the perpetrator of an act
of domestic violence, sexual assault, or stalking, or other
evidence from the court or prosecuting attorney that the
covered individual or a member of the covered individual's
family described in subsection (b)(7) 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 a covered individual 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 covered individual or a member of the
covered individual's family described in subsection (b)(7) is
a victim of domestic violence, sexual assault, or stalking.
(B) Requirements.--The requirements of paragraph (2) shall
apply to certifications under this paragraph, except that--
(i) subclauses (III) and (IV) of subparagraph (B)(i) and
subparagraph (B)(ii) of such paragraph shall not apply;
(ii) the certification shall state the reason that the
leave is required with the facts to be disclosed limited to
the minimum necessary to establish a need for the covered
individual to be absent from work, and the covered individual
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
(E) 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 covered
individual; or
(II) otherwise required by applicable Federal or State law.
(f) Restoration to Position.--The provisions of section
104(a) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2614(a)) or section 6384 of title 5, United States Code, as
the case may be, shall apply to a covered individual taking
accrued or additional paid sick time, or emergency paid
leave, under this title, and to the employer of the covered
individual. Such provisions shall be enforced in accordance
with this title.
(g) Maintenance of Health Benefits.--The provisions of
section 104(c)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2614(c)(1)) shall apply to a covered individual
taking accrued or additional paid sick time, or emergency
paid leave, under this title, and to the employer of the
covered individual. Such provisions shall be enforced in
accordance with this title.
(h) No Effect on Eligibility for Supplemental Security
Income.--Any paid sick time or emergency paid leave provided
to a covered individual under this title shall not be
regarded as income or resources for any month, for purposes
of determining the eligibility of the recipient (or the
recipient's spouse or family) for benefits or assistance, or
the amount or extent of benefits or assistance, under the
supplemental security income program established under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
SEC. _303. EMPLOYMENT UNDER MULTIEMPLOYER COLLECTIVE
BARGAINING AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer
collective bargaining agreement may, consistent with its
bargaining obligations and its collective bargaining
agreement, fulfill its obligations under this title by making
contributions to a multiemployer fund, plan, or program based
on the hours of paid sick time, and of emergency paid leave,
each of its employees is entitled to under this title while
working under the multiemployer collective bargaining
agreement, provided that the fund, plan, or program enables
employees to secure pay from such fund, plan, or program
based on the hours the employees have worked under the
multiemployer collective bargaining agreement and for the
amount of time and uses specified under this title.
(b) Employees.--Employees who work under a multiemployer
collective bargaining agreement into which their employers
make contributions as provided in subsection (a) may secure
pay from such fund, plan, or program based on hours the
employees have worked under the multiemployer collective
bargaining agreement for the amount of time and uses
specified under this title.
SEC. _304. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each covered
individual and include in any covered individual handbook the
information described in paragraphs (1) through (4). Each
employer shall post and keep posted a notice, to be prepared
or approved in accordance with procedures specified in
regulations prescribed under section _311, setting forth
excerpts from, or summaries of, the pertinent provisions of
this title including--
(1) information describing paid sick time and paid
emergency leave available to covered individuals under this
title;
(2) information pertaining to the filing of an action under
this title;
(3) the details of the notice requirement for a foreseeable
period of time under section _302(e)(1)(B); and
(4) information that describes--
(A) the protections that a covered individual has in
exercising rights under this title; and
(B) how the covered individual can contact the Secretary
(or other appropriate authority as described in section _306)
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 covered individuals (including applicants)
are customarily posted; or
(2) in covered individual handbooks.
(c) Model Notice.--Not later than 5 days after the date of
enactment of this Act, the Secretary of Labor shall make
publicly available a model notice that meets the requirements
of subsection (a).
(d) 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. _305. 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
title, 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 title;
(B) using the taking of paid sick time or emergency paid
leave under this title as a negative factor in an employment
action or work-related action, such as hiring, promotion,
reducing hours or number of shifts, or a disciplinary action;
or
(C) counting the paid sick time or emergency paid leave
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 title.
(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 title;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any
right provided under this title; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this
title.
(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. _306. 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 _301(5) or a corresponding
covered individual; and
(B) the term ``employer'' means an employer described in
subclause (I) or (II) of section _301(6)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the provisions
of this title, or any regulation or order issued under this
title, 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 title 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 title or any regulation or
order issued pursuant to this title, 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 (C) may be
maintained against any employer in any Federal or State court
[[Page S1813]]
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) No waiver.--In such an action brought by one or more
employees or individuals or their representative for and on
behalf of the persons described in clause (i) or (ii) of
subparagraph (A), to enforce the rights in this title, no
court of competent jurisdiction may grant an employer's
motion to compel arbitration, under chapter 1 of title 9,
United States Code, or any analogous State arbitration
statute, of the claims involved. An employee's right to bring
an action on behalf of similarly situated employees to
enforce such rights may not be subject to any private
agreement that purports to require the employees to pursue
claims on an individual basis.
(C) Liability.--Any employer who violates section _305
(including a violation relating to rights provided under
section _302) 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, or the specified period
described in subsection (c)(2) or (d)(2) of section _302, or
a combination of those hours and that period, as the case may
be;
(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.
(D) 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 _305 (including a violation relating to rights
provided under section _302) 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)(C)(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 _305 (including a willful
violation relating to rights provided under section _302),
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 _305 (including a
violation relating to rights provided under section _302),
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 title; 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.--Notwithstanding any
other provision of this subsection, in the case of the
Government Accountability Office, the authority of the
Secretary of Labor under this subsection shall be exercised
by the Comptroller General of the United States.
(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.) including section 401(d) of such Act (2 U.S.C.
1401(d)), to the Board (as defined in section 101 of that Act
(2 U.S.C. 1301)), the corresponding Federal agency described
in that section 401(d), or any person, alleging a violation
of subsection (a)(1) of section 202 of that Act (2 U.S.C.
1312) shall be the powers, remedies, and procedures this
title provides to that Board, the corresponding Federal
agency, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section _301(5)(C) or a corresponding covered
individual.
(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 title
provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in
violation of this title against an employee described in
section _301(5)(D) or a corresponding covered individual.
(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 title provides to that
agency, that Board, or any person, respectively, alleging an
unlawful employment practice in violation of this title
against an employee described in section _301(5)(E) or a
corresponding covered individual.
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity
of a State shall constitute a waiver of sovereign immunity,
under the 11th Amendment to the Constitution or otherwise, to
a suit brought by a covered individual of that program or
activity under this title for equitable, legal, or other
relief authorized under this title.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any covered
individual who has complied with the procedures under
subsection (a)(3), for injunctive relief that is authorized
under this title. 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. _307. EDUCATION AND OUTREACH.
The Secretary may conduct a public awareness campaign to
educate and inform the public of the requirements for paid
sick time and paid emergency leave required by this title.
SEC. _308. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in
this title shall be construed to modify or affect any Federal
or State law prohibiting discrimination on the basis of race,
religion, color, national origin, sex, age, disability,
sexual orientation, gender identity, marital status, familial
status, or any other protected status.
(b) State and Local Laws.--Nothing in this title shall be
construed to supersede (including preempting) any provision
of any State or local law that provides greater paid sick
time or leave rights (including greater amounts of paid sick
time or leave, or greater coverage of those eligible for paid
sick time or leave) than the rights established under this
title.
SEC. _309. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this title 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 covered individuals than
the rights established under this title.
(b) Less Protective.--The rights established for covered
individuals under this title shall not be diminished by any
contract, collective bargaining agreement, or any employment
benefit program or plan.
SEC. _310. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this title shall be construed to discourage
employers from adopting or retaining leave policies more
generous than policies that comply with the requirements of
this title.
SEC. _311. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2) and
subject to subsection (e), 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 title
with respect to employees described in subparagraph (A) or
(B) of section _301(5), corresponding covered individuals,
and other individuals affected by employers described in
subclause (I) or (II) of section _301(6)(A)(i).
[[Page S1814]]
(2) Government accountability office.--Subject to
subsection (e), the Comptroller General of the United States
shall prescribe the regulations with respect to employees of
the Government Accountability Office, corresponding covered
individuals, and other individuals affected by the
Comptroller General of the United States.
(b) Employees Covered by Congressional Accountability Act
of 1995.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Board of Directors of the Office of
Congressional Workplace Rights shall prescribe (in accordance
with section 304 of the Congressional Accountability Act of
1995 (2 U.S.C. 1384)) and the corresponding Federal agency
described in section 401(d) of such Act (2 U.S.C. 1401(d))
shall prescribe such regulations as are necessary to carry
out this title with respect to employees described in section
_301(5)(C), corresponding covered individuals, and other
individuals affected by employers described in section
_301(6)(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 title 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.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the President (or the designee of the
President) shall prescribe such regulations as are necessary
to carry out this title with respect to employees described
in section _301(5)(D), corresponding covered individuals, and
other individuals affected by employers described in section
_301(6)(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 title 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.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Director of the Office of Personnel
Management shall prescribe such regulations as are necessary
to carry out this title with respect to employees described
in section _301(5)(E), corresponding covered individuals, and
other individuals affected by employers described in section
_301(6)(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 title 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.
(e) Immediate Compliance by Employers.--The rights and
responsibilities specified in this title shall apply to
employers on the first Sunday following enactment of this Act
and employers shall comply on such date, without regard to
whether regulations have been prescribed under this section.
SEC. _312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
division such sums as may be necessary for fiscal years 2020
through 2022.
SEC. _313. EFFECTIVE DATES.
(a) In General.--This division takes effect on the date of
enactment of this Act.
(b) Previous Declarations.--If a public health emergency
was declared before and remains in effect on the date of
enactment of this Act, for purposes of this division (and in
particular section _302(c) of this division) the public
health emergency shall be considered to have been declared on
the date of enactment of this Act, including an emergency
described in section _301(12)(B).
SEC. _314. REPEAL.
This division is repealed, effective December 31, 2021.
______