II 

113TH CONGRESS 

1ST SESSION S. 631 

To allow Americans to earn paid sick time so that they can address their 

own health needs and the health needs of their families. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2013 

Mr. HARKIN (for himself, Ms. MIKULSKI, Mrs. MURRAY, Mr. CASEY, Mr. 

FRANKEN, Mr. WHITEHOUSE, Mr. MURPHY, Ms. WARREN, Mr. LEVIN, 

Mr. DURBIN, Mr. SCHUMER, Mr. LAUTENBERG, Mr. BROWN, Mr. 

MERKLEY, Mrs. GILLIBRAND, Mr. BLUMENTHAL, Ms. HIRONO, and Mr. 

COWAN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To allow Americans to earn paid sick time so that they 

can address their own health needs and the health needs 

of their families. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Families Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) Working Americans need time to meet their 

8 own health care needs and to care for family memVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 631 IS

1 bers, including their children, spouse, domestic part2 ner, parents (including parents-in-law), and other 

3 children and adults for whom they are caregivers. 

4 (2) Health care needs include preventive health 

5 care, diagnostic procedures, medical treatment, and 

6 recovery in response to short- and long-term ill7 nesses and injuries. 

8 (3) Providing employees time off to meet health 

9 care needs ensures that they will be healthier in the 

10 long run. Preventive care helps avoid illnesses and 

11 injuries and routine medical care helps detect ill12 nesses early and shorten their duration. A 2012 

13 study published by BioMed Central Public Health of 

14 results of the National Health Interview Survey 

15 found that lack of paid sick leave is a barrier to re16 ceiving cancer screenings and preventive care. Work17 ers with paid sick leave were more likely to have a 

18 mammogram, Pap test, or endoscopy, and were 

19 more likely to have visited a doctor in the previous 

20 year, than workers without paid sick leave, even 

21 when the results were adjusted for sociodemographic 

22 factors. 

23 (4) When parents are available to care for their 

24 children who become sick, children recover faster, 

25 more serious illnesses are prevented, and children’s 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 631 IS

1 overall mental and physical health improve. In a 

2 2009 study published in the American Journal of 

3 Public Health, 81 percent of parents of a child with 

4 special health care needs reported that taking leave 

5 from work to be with their child had a ‘‘good’’ or 

6 ‘‘very good’’ effect on their child’s physical health. 

7 Similarly, 85 percent of parents of such a child 

8 found that taking such leave had a ‘‘good’’ or ‘‘very 

9 good’’ effect on their child’s emotional health. 

10 (5) When parents cannot afford to miss work 

11 and must send children with contagious illnesses to 

12 child care centers or schools, infection can spread 

13 rapidly through child care centers and schools. 

14 (6) Providing paid sick time improves public 

15 health by reducing infectious disease. Policies that 

16 make it easier for sick adults and children to be iso17 lated at home reduce the spread of infectious dis18 ease. A 2012 study published in the American Jour19 nal of Public Health found that a lack of workplace 

20 policies like paid sick days contributed to an addi21 tional 5,000,000 cases of influenza-like illness dur22 ing the H1N1 pandemic of 2009. 

23 (7) Routine medical care reduces medical costs 

24 by detecting and treating illness and injury early, 

25 decreasing the need for emergency care. These savVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
4 

•S 631 IS

1 ings benefit public and private payers of health in2 surance, including private businesses. A 2011 study 

3 by the Institute for Women’s Policy Research found 

4 that a universal paid sick days policy would reduce 

5 preventable visits to the emergency room and result 

6 in cost savings of $1,100,000,000 per year, includ7 ing $500,000,000 in savings for public health insur8 ance like Medicaid. 

9 (8) The provision of individual and family sick 

10 time by large and small businesses, both here in the 

11 United States and elsewhere, demonstrates that pol12 icy solutions are both feasible and affordable in a 

13 competitive economy. A 2009 study by the Center 

14 for Economic and Policy Research found that, of 22 

15 countries with comparable economies, the United 

16 States was 1 of only 3 countries that did not provide 

17 any paid time off for workers with short-term ill18 nesses. 

19 (9) Measures that ensure that employees are in 

20 good health and do not need to worry about unmet 

21 family health problems help businesses by promoting 

22 productivity and reducing employee turnover. 

23 (10) The American Productivity Audit com24 pleted in 2003 found that lost productivity due to ill25 ness costs $226,000,000,000 annually, and that 71 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•S 631 IS

1 percent of that cost stems from presenteeism, the 

2 practice of employees coming to work despite illness. 

3 Studies in the Journal of Occupational and Environ4 mental Medicine, the Employee Benefit News, and 

5 the Harvard Business Review show that 

6 presenteeism is a larger productivity drain than ei7 ther absenteeism or short-term disability. 

8 (11) Working while sick also increases a work9 er’s probability of suffering an injury on the job. A 

10 2012 study published by the American Journal of 

11 Public Health found that workers with access to 

12 paid sick leave were 28 percent less likely than 

13 workers without paid sick leave to suffer nonfatal 

14 occupational injuries. 

15 (12) The absence of paid sick time has forced 

16 Americans to make untenable choices between need17 ed income and jobs on the one hand and caring for 

18 their own and their family’s health on the other. 

19 (13) Nearly 40 percent of the private sector 

20 workforce, and 25 percent of the public sector work21 force, lacks paid sick time. Another 4,000,000 theo22 retically have access to sick time, but have not been 

23 on the job long enough to use it. Millions more lack 

24 sick time they can use to care for a sick child or ill 

25 family member. 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•S 631 IS

1 (14)(A) Workers’ access to paid sick time varies 

2 dramatically by wage level. 

3 (B) For private sector workers— 

4 (i) for workers in the lowest quartile of 

5 earners, 71 percent lack paid sick time; 

6 (ii) for workers in the next 2 quartiles, 36 

7 and 25 percent, respectively, lack paid sick 

8 time; and 

9 (iii) even for workers in the highest quar10 tile, 16 percent lack paid sick time. 

11 (C) For public sector workers— 

12 (i) for workers in the lowest quartile of 

13 earners, 25 percent lack paid sick time; 

14 (ii) for workers in the next 2 quartiles, 7 

15 percent lack paid sick time; and 

16 (iii) for workers in the highest quartile, 2 

17 percent lack paid sick time. 

18 (D) In addition, millions of workers cannot use 

19 paid sick time to care for ill family members. 

20 (15) Due to the roles of men and women in so21 ciety, the primary responsibility for family caregiving 

22 often falls on women, and such responsibility affects 

23 the working lives of women more than it affects the 

24 working lives of men. 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•S 631 IS

1 (16) An increasing number of men are also tak2 ing on caregiving obligations, and men who request 

3 paid time for caregiving purposes are often denied 

4 accommodation or penalized because of stereotypes 

5 that caregiving is only ‘‘women’s work’’. 

6 (17) Employers’ reliance on persistent stereo7 types about the ‘‘proper’’ roles of both men and 

8 women in the workplace and in the home continues 

9 a cycle of discrimination and fosters stereotypical 

10 views about women’s commitment to work and their 

11 value as employees. 

12 (18) Employment standards that apply to only 

13 one gender have serious potential for encouraging 

14 employers to discriminate against employees and ap15 plicants for employment who are of that gender. 

16 (19) It is in the national interest to ensure that 

17 all Americans can care for their own health and the 

18 health of their families while prospering at work. 

19 (20) Nearly 1 in 3 American women report 

20 physical or sexual abuse by a husband or boyfriend 

21 at some point in their lives. Domestic violence also 

22 affects men. Women account for about 85 percent of 

23 the victims of domestic violence and men account for 

24 approximately 15 percent of the victims. Therefore, 

25 women disproportionately need time off to care for 


tkelley on DSK3SPTVN1PROD with BILLS
8 

•S 631 IS

1 their health or to find solutions, such as obtaining 

2 a restraining order or finding housing, to avoid or 

3 prevent physical or sexual abuse. 

4 (21) One study showed that 85 percent of do5 mestic violence victims at a women’s shelter who 

6 were employed missed work because of abuse. The 

7 mean number of days of paid work lost by a rape 

8 victim is 8.1 days, by a victim of physical assault is 

9 7.2 days, and by a victim of stalking is 10.1 days. 

10 Nationwide, domestic violence victims lose almost 

11 8,000,000 days of paid work per year. 

12 (22) Without paid sick days that can be used 

13 to address the effects of domestic violence, these vic14 tims are in grave danger of losing their jobs. One 

15 survey found that 96 percent of employed domestic 

16 violence victims experienced problems at work re17 lated to the violence. The Government Accountability 

18 Office similarly found that 24 to 52 percent of vic19 tims report losing a job due, at least in part, to do20 mestic violence. The loss of employment can be par21 ticularly devastating for victims of domestic violence, 

22 who often need economic security to ensure safety. 

23 (23) The Centers for Disease Control and Pre24 vention has estimated that domestic violence costs 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•S 631 IS

1 over $700,000,000 annually due to the victims’ lost 

2 productivity in employment. 

3 (24) Efforts to assist abused employees result 

4 in positive outcomes for employers as well as em5 ployees because employers can retain workers who 

6 might otherwise be compelled to leave. 

7 SEC. 3. PURPOSES. 

8 The purposes of this Act are— 

9 (1) to ensure that all working Americans can 

10 address their own health needs and the health needs 

11 of their families by requiring employers to permit 

12 employees to earn up to 56 hours of paid sick time 

13 including paid time for family care; 

14 (2) to diminish public and private health care 

15 costs by enabling workers to seek early and routine 

16 medical care for themselves and their family mem17 bers; 

18 (3) to assist employees who are, or whose fam19 ily members are, victims of domestic violence, sexual 

20 assault, or stalking, by providing the employees with 

21 paid time away from work to allow the victims to re22 ceive treatment and to take the necessary steps to 

23 ensure their protection; 

24 (4) to address the historical and persistent 

25 widespread pattern of employment discrimination on 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•S 631 IS

1 the basis of gender by both private and public sector 

2 employers; 

3 (5) to accomplish the purposes described in 

4 paragraphs (1) through (4) in a manner that is fea5 sible for employers; and 

6 (6) consistent with the provision of the 14th 

7 Amendment to the Constitution relating to equal 

8 protection of the laws, and pursuant to Congress’ 

9 power to enforce that provision under section 5 of 

10 that Amendment— 

11 (A) to accomplish the purposes described 

12 in paragraphs (1) through (4) in a manner that 

13 minimizes the potential for employment dis14 crimination on the basis of sex by ensuring gen15 erally that paid sick time is available for eligible 

16 medical reasons on a gender-neutral basis; and 

17 (B) to promote the goal of equal employ18 ment opportunity for women and men. 

19 SEC. 4. DEFINITIONS. 

20 In this Act: 

21 (1) CHILD.—The term ‘‘child’’ means a biologi22 cal, foster, or adopted child, a stepchild, a child of 

23 a domestic partner, a legal ward, or a child of a per24 son standing in loco parentis, who is— 

25 (A) under 18 years of age; or 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•S 631 IS

1 (B) 18 years of age or older and incapable 

2 of self-care because of a mental or physical dis3 ability. 

4 (2) DOMESTIC PARTNER.—The term ‘‘domestic 

5 partner’’ means the person recognized as being in a 

6 relationship with an employee under any domestic 

7 partnership, civil union, or similar law of the State 

8 or political subdivision of a State in which the em9 ployee resides. 

10 (3) DOMESTIC VIOLENCE.—The term ‘‘domestic 

11 violence’’ has the meaning given the term in section 

12 40002(a) of the Violence Against Women Act of 

13 1994 (42 U.S.C. 13925(a)), except that the ref14 erence in such section to the term ‘‘jurisdiction re15 ceiving grant monies’’ shall be deemed to mean the 

16 jurisdiction in which the victim lives or the jurisdic17 tion in which the employer involved is located. 

18 (4) EMPLOYEE.—The term ‘‘employee’’ means 

19 an individual who is— 

20 (A)(i) an employee, as defined in section 

21 3(e) of the Fair Labor Standards Act of 1938 

22 (29 U.S.C. 203(e)), who is not covered under 

23 subparagraph (E), including such an employee 

24 of the Library of Congress, except that a ref25 erence in such section to an employer shall be 


tkelley on DSK3SPTVN1PROD with BILLS
12 

•S 631 IS

1 considered to be a reference to an employer de2 scribed in clauses (i)(I) and (ii) of paragraph 

3 (5)(A); or 

4 (ii) an employee of the Government Ac5 countability Office; 

6 (B) a State employee described in section 

7 304(a) of the Government Employee Rights Act 

8 of 1991 (42 U.S.C. 2000e–16c(a)); 

9 (C) a covered employee, as defined in sec10 tion 101 of the Congressional Accountability 

11 Act of 1995 (2 U.S.C. 1301), other than an ap12 plicant for employment; 

13 (D) a covered employee, as defined in sec14 tion 411(c) of title 3, United States Code; or 

15 (E) a Federal officer or employee covered 

16 under subchapter V of chapter 63 of title 5, 

17 United States Code. 

18 (5) EMPLOYER.— 

19 (A) IN GENERAL.—The term ‘‘employer’’ 

20 means a person who is— 

21 (i)(I) a covered employer, as defined 

22 in subparagraph (B), who is not covered 

23 under subclause (V); 


tkelley on DSK3SPTVN1PROD with BILLS
13 

•S 631 IS

1 (II) an entity employing a State em2 ployee described in section 304(a) of the 

3 Government Employee Rights Act of 1991; 

4 (III) an employing office, as defined 

5 in section 101 of the Congressional Ac6 countability Act of 1995; 

7 (IV) an employing office, as defined in 

8 section 411(c) of title 3, United States 

9 Code; or 

10 (V) an employing agency covered 

11 under subchapter V of chapter 63 of title 

12 5, United States Code; and 

13 (ii) is engaged in commerce (including 

14 government), or an industry or activity af15 fecting commerce (including government), 

16 as defined in subparagraph (B)(iii). 

17 (B) COVERED EMPLOYER.— 

18 (i) IN GENERAL.—In subparagraph 

19 (A)(i)(I), the term ‘‘covered employer’’— 

20 (I) means any person engaged in 

21 commerce or in any industry or activ22 ity affecting commerce who employs 

23 15 or more employees for each work24 ing day during each of 20 or more 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•S 631 IS

1 calendar workweeks in the current or 

2 preceding calendar year; 

3 (II) includes— 

4 (aa) any person who acts, 

5 directly or indirectly, in the inter6 est of an employer to any of the 

7 employees of such employer; and 

8 (bb) any successor in inter9 est of an employer; 

10 (III) includes any ‘‘public agen11 cy’’, as defined in section 3(x) of the 

12 Fair Labor Standards Act of 1938 

13 (29 U.S.C. 203(x)); and 

14 (IV) includes the Government 

15 Accountability Office and the Library 

16 of Congress. 

17 (ii) PUBLIC AGENCY.—For purposes 

18 of clause (i)(III), a public agency shall be 

19 considered to be a person engaged in com20 merce or in an industry or activity affect21 ing commerce. 

22 (iii) DEFINITIONS.—For purposes of 

23 this subparagraph: 

24 (I) COMMERCE.—The terms 

25 ‘‘commerce’’ and ‘‘industry or activity 


tkelley on DSK3SPTVN1PROD with BILLS
15 

•S 631 IS

1 affecting commerce’’ mean any activ2 ity, business, or industry in commerce 

3 or in which a labor dispute would 

4 hinder or obstruct commerce or the 

5 free flow of commerce, and include 

6 ‘‘commerce’’ and any ‘‘industry affect7 ing commerce’’, as defined in para8 graphs (1) and (3) of section 501 of 

9 the Labor Management Relations Act, 

10 1947 (29 U.S.C. 142 (1) and (3)). 

11 (II) EMPLOYEE.—The term ‘‘em12 ployee’’ has the same meaning given 

13 such term in section 3(e) of the Fair 

14 Labor Standards Act of 1938 (29 

15 U.S.C. 203(e)). 

16 (III) PERSON.—The term ‘‘per17 son’’ has the same meaning given 

18 such term in section 3(a) of the Fair 

19 Labor Standards Act of 1938 (29 

20 U.S.C. 203(a)). 

21 (C) PREDECESSORS.—Any reference in 

22 this paragraph to an employer shall include a 

23 reference to any predecessor of such employer. 

24 (6) EMPLOYMENT BENEFITS.—The term ‘‘em25 ployment benefits’’ means all benefits provided or 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•S 631 IS

1 made available to employees by an employer, includ2 ing group life insurance, health insurance, disability 

3 insurance, sick leave, annual leave, educational bene4 fits, and pensions, regardless of whether such bene5 fits are provided by a practice or written policy of 

6 an employer or through an ‘‘employee benefit plan’’, 

7 as defined in section 3(3) of the Employee Retire8 ment Income Security Act of 1974 (29 U.S.C. 

9 1002(3)). 

10 (7) HEALTH CARE PROVIDER.—The term 

11 ‘‘health care provider’’ means a provider who— 

12 (A)(i) is a doctor of medicine or osteopathy 

13 who is authorized to practice medicine or sur14 gery (as appropriate) by the State in which the 

15 doctor practices; or 

16 (ii) is any other person determined by the 

17 Secretary to be capable of providing health care 

18 services; and 

19 (B) is not employed by an employer for 

20 whom the provider issues certification under 

21 this Act. 

22 (8) PAID SICK TIME.—The term ‘‘paid sick 

23 time’’ means an increment of compensated leave that 

24 can be earned by an employee for use during an ab25 sence from employment for any of the reasons deVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
17 

•S 631 IS

1 scribed in paragraphs (1) through (4) of section 

2 5(b). 

3 (9) PARENT.—The term ‘‘parent’’ means a bio4 logical, foster, or adoptive parent of an employee, a 

5 stepparent of an employee, parent-in-law, parent of 

6 a domestic partner, or a legal guardian or other per7 son who stood in loco parentis to an employee when 

8 the employee was a child. 

9 (10) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Labor. 

11 (11) SEXUAL ASSAULT.—The term ‘‘sexual as12 sault’’ has the meaning given the term in section 

13 40002(a) of the Violence Against Women Act of 

14 1994 (42 U.S.C. 13925(a)). 

15 (12) SPOUSE.—The term ‘‘spouse’’, with re16 spect to an employee, has the meaning given such 

17 term by the marriage laws of the State in which the 

18 employee resides. 

19 (13) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 3 of the Fair Labor 

21 Standards Act of 1938 (29 U.S.C. 203). 

22 (14) STALKING.—The term ‘‘stalking’’ has the 

23 meaning given the term in section 40002(a) of the 

24 Violence Against Women Act of 1994 (42 U.S.C. 

25 13925(a)). 


tkelley on DSK3SPTVN1PROD with BILLS
18 

•S 631 IS

1 (15) VICTIM SERVICES ORGANIZATION.—The 

2 term ‘‘victim services organization’’ means a non3 profit, nongovernmental organization that provides 

4 assistance to victims of domestic violence, sexual as5 sault, or stalking or advocates for such victims, in6 cluding a rape crisis center, an organization carrying 

7 out a domestic violence, sexual assault, or stalking 

8 prevention or treatment program, an organization 

9 operating a shelter or providing counseling services, 

10 or a legal services organization or other organization 

11 providing assistance through the legal process. 

12 SEC. 5. PROVISION OF PAID SICK TIME. 

13 (a) ACCRUAL OF PAID SICK TIME.— 

14 (1) IN GENERAL.—An employer shall permit 

15 each employee employed by the employer to earn not 

16 less than 1 hour of paid sick time for every 30 hours 

17 worked, to be used as described in subsection (b). 

18 An employer shall not be required to permit an em19 ployee to earn, under this section, more than 56 

20 hours of paid sick time in a calendar year, unless 

21 the employer chooses to set a higher limit. 

22 (2) EXEMPT EMPLOYEES.— 

23 (A) IN GENERAL.—Except as provided in 

24 paragraph (3), for purposes of this section, an 

25 employee who is exempt from overtime requireVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
19 

•S 631 IS

1 ments under section 13(a)(1) of the Fair Labor 

2 Standards Act of 1938 (29 U.S.C. 213(a)(1)) 

3 shall be assumed to work 40 hours in each 

4 workweek. 

5 (B) SHORTER NORMAL WORKWEEK.—If 

6 the normal workweek of such an employee is 

7 less than 40 hours, the employee shall earn 

8 paid sick time based upon that normal work 

9 week. 

10 (3) DATES OF ACCRUAL AND USE.—Employees 

11 shall begin to earn paid sick time under this section 

12 at the commencement of their employment. An em13 ployee shall be entitled to use the earned paid sick 

14 time beginning on the 60th calendar day following 

15 commencement of the employee’s employment. After 

16 that 60th calendar day, the employee may use the 

17 paid sick time as the time is earned. An employer 

18 may, at the discretion of the employer, loan paid 

19 sick time to an employee in advance of the earning 

20 of such time under this section by such employee. 

21 (4) CARRYOVER.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), paid sick time earned under 

24 this section shall carry over from 1 calendar 

25 year to the next. 


tkelley on DSK3SPTVN1PROD with BILLS
20 

•S 631 IS

1 (B) CONSTRUCTION.—This Act shall not 

2 be construed to require an employer to permit 

3 an employee to accrue more than 56 hours of 

4 earned paid sick time at a given time. 

5 (5) EMPLOYERS WITH EXISTING POLICIES.— 

6 Any employer with a paid leave policy who makes 

7 available an amount of paid leave that is sufficient 

8 to meet the requirements of this section and that 

9 may be used for the same purposes and under the 

10 same conditions as the purposes and conditions out11 lined in subsection (b) shall not be required to per12 mit an employee to earn additional paid sick time 

13 under this section. 

14 (6) CONSTRUCTION.—Nothing in this section 

15 shall be construed as requiring financial or other re16 imbursement to an employee from an employer upon 

17 the employee’s termination, resignation, retirement, 

18 or other separation from employment for earned 

19 paid sick time that has not been used. 

20 (7) REINSTATEMENT.—If an employee is sepa21 rated from employment with an employer and is re22 hired, within 12 months after that separation, by the 

23 same employer, the employer shall reinstate the em24 ployee’s previously earned paid sick time. The em25 ployee shall be entitled to use the earned paid sick 


tkelley on DSK3SPTVN1PROD with BILLS
21 

•S 631 IS

1 time and earn additional paid sick time at the re2 commencement of employment with the employer. 

3 (8) PROHIBITION.—An employer may not re4 quire, as a condition of providing paid sick time 

5 under this Act, that the employee involved search for 

6 or find a replacement worker to cover the hours dur7 ing which the employee is using paid sick time. 

8 (b) USES.—Paid sick time earned under this section 

9 may be used by an employee for any of the following: 

10 (1) An absence resulting from a physical or 

11 mental illness, injury, or medical condition of the 

12 employee. 

13 (2) An absence resulting from obtaining profes14 sional medical diagnosis or care, or preventive med15 ical care, for the employee. 

16 (3) An absence for the purpose of caring for a 

17 child, a parent, a spouse, a domestic partner, or any 

18 other individual related by blood or affinity whose 

19 close association with the employee is the equivalent 

20 of a family relationship, who— 

21 (A) has any of the conditions or needs for 

22 diagnosis or care described in paragraph (1) or 

23 (2); and 

24 (B) in the case of someone who is not a 

25 child, is otherwise in need of care. 


tkelley on DSK3SPTVN1PROD with BILLS
22 

•S 631 IS

1 (4) An absence resulting from domestic vio2 lence, sexual assault, or stalking, if the time is to— 

3 (A) seek medical attention for the em4 ployee or the employee’s child, parent, spouse, 

5 domestic partner, or an individual related to the 

6 employee as described in paragraph (3), to re7 cover from physical or psychological injury or 

8 disability caused by domestic violence, sexual 

9 assault, or stalking; 

10 (B) obtain or assist a related person de11 scribed in paragraph (3) in obtaining services 

12 from a victim services organization; 

13 (C) obtain or assist a related person de14 scribed in paragraph (3) in obtaining psycho15 logical or other counseling; 

16 (D) seek relocation; or 

17 (E) take legal action, including preparing 

18 for or participating in any civil or criminal legal 

19 proceeding related to or resulting from domestic 

20 violence, sexual assault, or stalking. 

21 (c) SCHEDULING.—An employee shall make a reason22 able effort to schedule a period of paid sick time under 

23 this Act in a manner that does not unduly disrupt the 

24 operations of the employer. 

25 (d) PROCEDURES.— 


tkelley on DSK3SPTVN1PROD with BILLS
23 

•S 631 IS

1 (1) IN GENERAL.—Paid sick time shall be pro2 vided upon the oral or written request of an em3 ployee. Such request shall— 

4 (A) include the expected duration of the 

5 period of such time; 

6 (B) in a case in which the need for such 

7 period of time is foreseeable at least 7 days in 

8 advance of such period, be provided at least 7 

9 days in advance of such period; and 

10 (C) otherwise, be provided as soon as prac11 ticable after the employee is aware of the need 

12 for such period. 

13 (2) CERTIFICATION IN GENERAL.— 

14 (A) PROVISION.— 

15 (i) IN GENERAL.—Subject to subpara16 graph (C), an employer may require that a 

17 request for paid sick time under this sec18 tion for a purpose described in paragraph 

19 (1), (2), or (3) of subsection (b) be sup20 ported by a certification issued by the 

21 health care provider of the eligible em22 ployee or of an individual described in sub23 section (b)(3), as appropriate, if the period 

24 of such time covers more than 3 consecu25 tive workdays. 


tkelley on DSK3SPTVN1PROD with BILLS
24 

•S 631 IS

1 (ii) TIMELINESS.—The employee shall 

2 provide a copy of such certification to the 

3 employer in a timely manner, not later 

4 than 30 days after the first day of the pe5 riod of time. The employer shall not delay 

6 the commencement of the period of time on 

7 the basis that the employer has not yet re8 ceived the certification. 

9 (B) SUFFICIENT CERTIFICATION.— 

10 (i) IN GENERAL.—A certification pro11 vided under subparagraph (A) shall be suf12 ficient if it states— 

13 (I) the date on which the period 

14 of time will be needed; 

15 (II) the probable duration of the 

16 period of time; 

17 (III) the appropriate medical 

18 facts within the knowledge of the 

19 health care provider regarding the 

20 condition involved, subject to clause 

21 (ii); and 

22 (IV)(aa) for purposes of paid sick 

23 time under subsection (b)(1), a state24 ment that absence from work is medi25 cally necessary; 


tkelley on DSK3SPTVN1PROD with BILLS
25 

•S 631 IS

1 (bb) for purposes of such time 

2 under subsection (b)(2), the dates on 

3 which testing for a medical diagnosis 

4 or care is expected to be given and the 

5 duration of such testing or care; and 

6 (cc) for purposes of such time 

7 under subsection (b)(3), in the case of 

8 time to care for someone who is not a 

9 child, a statement that care is needed 

10 for an individual described in such 

11 subsection, and an estimate of the 

12 amount of time that such care is 

13 needed for such individual. 

14 (ii) LIMITATION.—In issuing a certifi15 cation under subparagraph (A), a health 

16 care provider shall make reasonable efforts 

17 to limit the medical facts described in 

18 clause (i)(III) that are disclosed in the cer19 tification to the minimum necessary to es20 tablish a need for the employee to utilize 

21 paid sick time. 

22 (C) REGULATIONS.—Regulations pre23 scribed under section 13 shall specify the man24 ner in which an employee who does not have 


tkelley on DSK3SPTVN1PROD with BILLS
26 

•S 631 IS

1 health insurance shall provide a certification for 

2 purposes of this paragraph. 

3 (D) CONFIDENTIALITY AND NONDISCLO4 SURE.— 

5 (i) PROTECTED HEALTH INFORMA6 TION.—Nothing in this Act shall be con7 strued to require a health care provider to 

8 disclose information in violation of section 

9 1177 of the Social Security Act (42 U.S.C. 

10 1320d–6) or the regulations promulgated 

11 pursuant to section 264(c) of the Health 

12 Insurance Portability and Accountability 

13 Act of 1996 (42 U.S.C. 1320d–2 note). 

14 (ii) HEALTH INFORMATION

15 RECORDS.—If an employer possesses 

16 health information about an employee or 

17 an employee’s child, parent, spouse, domes18 tic partner, or an individual related to the 

19 employee as described in subsection (b)(3), 

20 such information shall— 

21 (I) be maintained on a separate 

22 form and in a separate file from other 

23 personnel information; 

24 (II) be treated as a confidential 

25 medical record; and 


tkelley on DSK3SPTVN1PROD with BILLS
27 

•S 631 IS

1 (III) not be disclosed except to 

2 the affected employee or with the per3 mission of the affected employee. 

4 (3) CERTIFICATION IN THE CASE OF DOMESTIC

5 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

6 (A) IN GENERAL.—An employer may re7 quire that a request for paid sick time under 

8 this section for a purpose described in sub9 section (b)(4) be supported by 1 of the fol10 lowing forms of documentation: 

11 (i) A police report indicating that the 

12 employee, or a member of the employee’s 

13 family described in subsection (b)(4), was 

14 a victim of domestic violence, sexual as15 sault, or stalking. 

16 (ii) A court order protecting or sepa17 rating the employee or a member of the 

18 employee’s family described in subsection 

19 (b)(4) from the perpetrator of an act of 

20 domestic violence, sexual assault, or stalk21 ing, or other evidence from the court or 

22 prosecuting attorney that the employee or 

23 a member of the employee’s family de24 scribed in subsection (b)(4) has appeared 

25 in court or is scheduled to appear in court 


tkelley on DSK3SPTVN1PROD with BILLS
28 

•S 631 IS

1 in a proceeding related to domestic vio2 lence, sexual assault, or stalking. 

3 (iii) Other documentation signed by 

4 an employee or volunteer working for a vic5 tim services organization, an attorney, a 

6 police officer, a medical professional, a so7 cial worker, an antiviolence counselor, or a 

8 member of the clergy, affirming that the 

9 employee or a member of the employee’s 

10 family described in subsection (b)(4) is a 

11 victim of domestic violence, sexual assault, 

12 or stalking. 

13 (B) REQUIREMENTS.—The requirements 

14 of paragraph (2) shall apply to certifications 

15 under this paragraph, except that— 

16 (i) subclauses (III) and (IV) of sub17 paragraph (B)(i) and subparagraph (B)(ii) 

18 of such paragraph shall not apply; 

19 (ii) the certification shall state the 

20 reason that the leave is required with the 

21 facts to be disclosed limited to the min22 imum necessary to establish a need for the 

23 employee to be absent from work, and the 

24 employee shall not be required to explain 


tkelley on DSK3SPTVN1PROD with BILLS
29 

•S 631 IS

1 the details of the domestic violence, sexual 

2 assault, or stalking involved; and 

3 (iii) with respect to confidentiality 

4 under subparagraph (D) of such para5 graph, any information provided to the em6 ployer under this paragraph shall be con7 fidential, except to the extent that any dis8 closure of such information is— 

9 (I) requested or consented to in 

10 writing by the employee; or 

11 (II) otherwise required by appli12 cable Federal or State law. 

13 SEC. 6. POSTING REQUIREMENT. 

14 (a) IN GENERAL.—Each employer shall post and 

15 keep posted a notice, to be prepared or approved in ac16 cordance with procedures specified in regulations pre17 scribed under section 13, setting forth excerpts from, or 

18 summaries of, the pertinent provisions of this Act includ19 ing— 

20 (1) information describing paid sick time avail21 able to employees under this Act; 

22 (2) information pertaining to the filing of an 

23 action under this Act; 


tkelley on DSK3SPTVN1PROD with BILLS
30 

•S 631 IS

1 (3) the details of the notice requirement for a 

2 foreseeable period of time under section 5(d)(1)(B); 

3 and 

4 (4) information that describes— 

5 (A) the protections that an employee has 

6 in exercising rights under this Act; and 

7 (B) how the employee can contact the Sec8 retary (or other appropriate authority as de9 scribed in section 8) if any of the rights are vio10 lated. 

11 (b) LOCATION.—The notice described under sub12 section (a) shall be posted— 

13 (1) in conspicuous places on the premises of the 

14 employer, where notices to employees (including ap15 plicants) are customarily posted; or 

16 (2) in employee handbooks. 

17 (c) VIOLATION; PENALTY.—Any employer who will18 fully violates the posting requirements of this section shall 

19 be subject to a civil fine in an amount not to exceed $100 

20 for each separate offense. 

21 SEC. 7. PROHIBITED ACTS. 

22 (a) INTERFERENCE WITH RIGHTS.— 

23 (1) EXERCISE OF RIGHTS.—It shall be unlawful 

24 for any employer to interfere with, restrain, or deny 


tkelley on DSK3SPTVN1PROD with BILLS
31 

•S 631 IS

1 the exercise of, or the attempt to exercise, any right 

2 provided under this Act, including— 

3 (A) discharging or discriminating against 

4 (including retaliating against) any individual, 

5 including a job applicant, for exercising, or at6 tempting to exercise, any right provided under 

7 this Act; 

8 (B) using the taking of paid sick time 

9 under this Act as a negative factor in an em10 ployment action, such as hiring, promotion, or 

11 a disciplinary action; or 

12 (C) counting the paid sick time under a 

13 no-fault attendance policy or any other absence 

14 control policy. 

15 (2) DISCRIMINATION.—It shall be unlawful for 

16 any employer to discharge or in any other manner 

17 discriminate against (including retaliating against) 

18 any individual, including a job applicant, for oppos19 ing any practice made unlawful by this Act. 

20 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR21 IES.—It shall be unlawful for any person to discharge or 

22 in any other manner discriminate against (including retali23 ating against) any individual, including a job applicant, 

24 because such individual— 


tkelley on DSK3SPTVN1PROD with BILLS
32 

•S 631 IS

1 (1) has filed an action, or has instituted or 

2 caused to be instituted any proceeding, under or re3 lated to this Act; 

4 (2) has given, or is about to give, any informa5 tion in connection with any inquiry or proceeding re6 lating to any right provided under this Act; or 

7 (3) has testified, or is about to testify, in any 

8 inquiry or proceeding relating to any right provided 

9 under this Act. 

10 (c) CONSTRUCTION.—Nothing in this section shall be 

11 construed to state or imply that the scope of the activities 

12 prohibited by section 105 of the Family and Medical Leave 

13 Act of 1993 (29 U.S.C. 2615) is less than the scope of 

14 the activities prohibited by this section. 

15 SEC. 8. ENFORCEMENT AUTHORITY. 

16 (a) IN GENERAL.— 

17 (1) DEFINITION.—In this subsection: 

18 (A) the term ‘‘employee’’ means an em19 ployee described in subparagraph (A) or (B) of 

20 section 4(4); and 

21 (B) the term ‘‘employer’’ means an em22 ployer described in subclause (I) or (II) of sec23 tion 4(5)(A)(i). 

24 (2) INVESTIGATIVE AUTHORITY.— 


tkelley on DSK3SPTVN1PROD with BILLS
33 

•S 631 IS

1 (A) IN GENERAL.—To ensure compliance 

2 with the provisions of this Act, or any regula3 tion or order issued under this Act, the Sec4 retary shall have, subject to subparagraph (C), 

5 the investigative authority provided under sec6 tion 11(a) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 211(a)), with respect to em8 ployers, employees, and other individuals af9 fected. 

10 (B) OBLIGATION TO KEEP AND PRESERVE

11 RECORDS.—An employer shall make, keep, and 

12 preserve records pertaining to compliance with 

13 this Act in accordance with section 11(c) of the 

14 Fair Labor Standards Act of 1938 (29 U.S.C. 

15 211(c)) and in accordance with regulations pre16 scribed by the Secretary. 

17 (C) REQUIRED SUBMISSIONS GENERALLY

18 LIMITED TO AN ANNUAL BASIS.—The Secretary 

19 shall not require, under the authority of this 

20 paragraph, an employer to submit to the Sec21 retary any books or records more than once 

22 during any 12-month period, unless the Sec23 retary has reasonable cause to believe there 

24 may exist a violation of this Act or any regula25 tion or order issued pursuant to this Act, or is 


tkelley on DSK3SPTVN1PROD with BILLS
34 

•S 631 IS

1 investigating a charge pursuant to paragraph 

2 (4). 

3 (D) SUBPOENA AUTHORITY.—For the pur4 poses of any investigation provided for in this 

5 paragraph, the Secretary shall have the sub6 poena authority provided for under section 9 of 

7 the Fair Labor Standards Act of 1938 (29 

8 U.S.C. 209). 

9 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID10 UALS.— 

11 (A) RIGHT OF ACTION.—An action to re12 cover the damages or equitable relief prescribed 

13 in subparagraph (B) may be maintained 

14 against any employer in any Federal or State 

15 court of competent jurisdiction by one or more 

16 employees or individuals or their representative 

17 for and on behalf of— 

18 (i) the employees or individuals; or 

19 (ii) the employees or individuals and 

20 others similarly situated. 

21 (B) LIABILITY.—Any employer who vio22 lates section 7 (including a violation relating to 

23 rights provided under section 5) shall be liable 

24 to any employee or individual affected— 

25 (i) for damages equal to— 


tkelley on DSK3SPTVN1PROD with BILLS
35 

•S 631 IS

1 (I) the amount of— 

2 (aa) any wages, salary, em3 ployment benefits, or other com4 pensation denied or lost by rea5 son of the violation; or 

6 (bb) in a case in which 

7 wages, salary, employment bene8 fits, or other compensation have 

9 not been denied or lost, any ac10 tual monetary losses sustained as 

11 a direct result of the violation up 

12 to a sum equal to 56 hours of 

13 wages or salary for the employee 

14 or individual; 

15 (II) the interest on the amount 

16 described in subclause (I) calculated 

17 at the prevailing rate; and 

18 (III) an additional amount as liq19 uidated damages; and 

20 (ii) for such equitable relief as may be 

21 appropriate, including employment, rein22 statement, and promotion. 

23 (C) FEES AND COSTS.—The court in an 

24 action under this paragraph shall, in addition to 

25 any judgment awarded to the plaintiff, allow a 


tkelley on DSK3SPTVN1PROD with BILLS
36 

•S 631 IS

1 reasonable attorney’s fee, reasonable expert wit2 ness fees, and other costs of the action to be 

3 paid by the defendant. 

4 (4) ACTION BY THE SECRETARY.— 

5 (A) ADMINISTRATIVE ACTION.—The Sec6 retary shall receive, investigate, and attempt to 

7 resolve complaints of violations of section 7 (in8 cluding a violation relating to rights provided 

9 under section 5) in the same manner that the 

10 Secretary receives, investigates, and attempts to 

11 resolve complaints of violations of sections 6 

12 and 7 of the Fair Labor Standards Act of 1938 

13 (29 U.S.C. 206 and 207). 

14 (B) CIVIL ACTION.—The Secretary may 

15 bring an action in any court of competent juris16 diction to recover the damages described in 

17 paragraph (3)(B)(i). 

18 (C) SUMS RECOVERED.—Any sums recov19 ered by the Secretary pursuant to subparagraph 

20 (B) shall be held in a special deposit account 

21 and shall be paid, on order of the Secretary, di22 rectly to each employee or individual affected. 

23 Any such sums not paid to an employee or indi24 vidual affected because of inability to do so 

25 within a period of 3 years shall be deposited 


tkelley on DSK3SPTVN1PROD with BILLS
37 

•S 631 IS

1 into the Treasury of the United States as mis2 cellaneous receipts. 

3 (5) LIMITATION.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), an action may be brought 

6 under paragraph (3), (4), or (6) not later than 

7 2 years after the date of the last event consti8 tuting the alleged violation for which the action 

9 is brought. 

10 (B) WILLFUL VIOLATION.—In the case of 

11 an action brought for a willful violation of sec12 tion 7 (including a willful violation relating to 

13 rights provided under section 5), such action 

14 may be brought within 3 years of the date of 

15 the last event constituting the alleged violation 

16 for which such action is brought. 

17 (C) COMMENCEMENT.—In determining 

18 when an action is commenced under paragraph 

19 (3), (4), or (6) for the purposes of this para20 graph, it shall be considered to be commenced 

21 on the date when the complaint is filed. 

22 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

23 The district courts of the United States shall have 

24 jurisdiction, for cause shown, in an action brought 

25 by the Secretary— 


tkelley on DSK3SPTVN1PROD with BILLS
38 

•S 631 IS

1 (A) to restrain violations of section 7 (in2 cluding a violation relating to rights provided 

3 under section 5), including the restraint of any 

4 withholding of payment of wages, salary, em5 ployment benefits, or other compensation, plus 

6 interest, found by the court to be due to em7 ployees or individuals eligible under this Act; or 

8 (B) to award such other equitable relief as 

9 may be appropriate, including employment, re10 instatement, and promotion. 

11 (7) SOLICITOR OF LABOR.—The Solicitor of 

12 Labor may appear for and represent the Secretary 

13 on any litigation brought under paragraph (4) or 

14 (6). 

15 (8) GOVERNMENT ACCOUNTABILITY OFFICE

16 AND LIBRARY OF CONGRESS.—Notwithstanding any 

17 other provision of this subsection, in the case of the 

18 Government Accountability Office and the Library of 

19 Congress, the authority of the Secretary of Labor 

20 under this subsection shall be exercised respectively 

21 by the Comptroller General of the United States and 

22 the Librarian of Congress. 

23 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC24 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

25 procedures provided in the Congressional Accountability 


tkelley on DSK3SPTVN1PROD with BILLS
39 

•S 631 IS

1 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de2 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

3 person, alleging a violation of section 202(a)(1) of that 

4 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

5 and procedures this Act provides to that Board, or any 

6 person, alleging an unlawful employment practice in viola7 tion of this Act against an employee described in section 

8 4(4)(C). 

9 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

10 3, UNITED STATES CODE.—The powers, remedies, and 

11 procedures provided in chapter 5 of title 3, United States 

12 Code, to the President, the Merit Systems Protection 

13 Board, or any person, alleging a violation of section 

14 412(a)(1) of that title, shall be the powers, remedies, and 

15 procedures this Act provides to the President, that Board, 

16 or any person, respectively, alleging an unlawful employ17 ment practice in violation of this Act against an employee 

18 described in section 4(4)(D). 

19 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

20 5, UNITED STATES CODE.—The powers, remedies, and 

21 procedures provided in title 5, United States Code, to an 

22 employing agency, provided in chapter 12 of that title to 

23 the Merit Systems Protection Board, or provided in that 

24 title to any person, alleging a violation of chapter 63 of 

25 that title, shall be the powers, remedies, and procedures 


tkelley on DSK3SPTVN1PROD with BILLS
40 

•S 631 IS

1 this Act provides to that agency, that Board, or any per2 son, respectively, alleging an unlawful employment prac3 tice in violation of this Act against an employee described 

4 in section 4(4)(E). 

5 (e) REMEDIES FOR STATE EMPLOYEES.— 

6 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

7 State’s receipt or use of Federal financial assistance 

8 for any program or activity of a State shall con9 stitute a waiver of sovereign immunity, under the 

10 11th Amendment to the Constitution or otherwise, 

11 to a suit brought by an employee of that program 

12 or activity under this Act for equitable, legal, or 

13 other relief authorized under this Act. 

14 (2) OFFICIAL CAPACITY.—An official of a State 

15 may be sued in the official capacity of the official by 

16 any employee who has complied with the procedures 

17 under subsection (a)(3), for injunctive relief that is 

18 authorized under this Act. In such a suit the court 

19 may award to the prevailing party those costs au20 thorized by section 722 of the Revised Statutes (42 

21 U.S.C. 1988). 

22 (3) APPLICABILITY.—With respect to a par23 ticular program or activity, paragraph (1) applies to 

24 conduct occurring on or after the day, after the date 

25 of enactment of this Act, on which a State first reVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
41 

•S 631 IS

1 ceives or uses Federal financial assistance for that 

2 program or activity. 

3 (4) DEFINITION OF PROGRAM OR ACTIVITY.—In 

4 this subsection, the term ‘‘program or activity’’ has 

5 the meaning given the term in section 606 of the 

6 Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 

7 SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND 

8 FURTHER STUDY. 

9 (a) COMPILATION OF INFORMATION.—Effective 90 

10 days after the date of enactment of this Act, the Commis11 sioner of Labor Statistics shall annually compile informa12 tion on the following: 

13 (1) The number of employees who used paid 

14 sick time. 

15 (2) The number of hours of paid sick time 

16 used. 

17 (3) The number of employees who used paid 

18 sick time for absences necessary due to domestic vio19 lence, sexual assault, or stalking. 

20 (4) The demographic characteristics of employ21 ees who were eligible for and who used paid sick 

22 time. 

23 (b) GAO STUDY.— 


tkelley on DSK3SPTVN1PROD with BILLS
42 

•S 631 IS

1 (1) IN GENERAL.—The Comptroller General of 

2 the United States shall annually conduct a study to 

3 determine the following: 

4 (A)(i) The number of days employees used 

5 paid sick time and the reasons for the use. 

6 (ii) The number of employees who used the 

7 paid sick time for periods of time covering more 

8 than 3 consecutive workdays. 

9 (B) The cost and benefits to employers of 

10 implementing the paid sick time policies. 

11 (C) The cost to employees of providing cer12 tification to obtain the paid sick time. 

13 (D) The benefits of the paid sick time to 

14 employees and their family members, including 

15 effects on employees’ ability to care for their 

16 family members or to provide for their own 

17 health needs. 

18 (E) Whether the paid sick time affected 

19 employees’ ability to sustain an adequate in20 come while meeting needs of the employees and 

21 their family members. 

22 (F) Whether employers who administered 

23 paid sick time policies prior to the date of en24 actment of this Act were affected by the provi25 sions of this Act. 


tkelley on DSK3SPTVN1PROD with BILLS
43 

•S 631 IS

1 (G) Whether other types of leave were af2 fected by this Act. 

3 (H) Whether paid sick time affected reten4 tion and turnover and costs of presenteeism. 

5 (I) Whether the paid sick time increased 

6 the use of less costly preventive medical care 

7 and lowered the use of emergency room care. 

8 (J) Whether the paid sick time reduced the 

9 number of children sent to school when the chil10 dren were sick. 

11 (2) DISAGGREGATING DATA.—The data col12 lected under subparagraphs (A) and (D) of para13 graph (1) shall be disaggregated by gender, race, 

14 disability, earnings level, age, marital status, family 

15 type, including parental status, and industry. 

16 (3) REPORTS.— 

17 (A) IN GENERAL.—Not later than 18 

18 months after the date of enactment of this Act, 

19 the Comptroller General of the United States 

20 shall prepare and submit a report to the appro21 priate committees of Congress concerning the 

22 results of the study conducted pursuant to 

23 paragraph (1) and the data aggregated under 

24 paragraph (2). 


tkelley on DSK3SPTVN1PROD with BILLS
44 

•S 631 IS

1 (B) FOLLOWUP REPORT.—Not later than 

2 5 years after the date of enactment of this Act, 

3 the Comptroller General of the United States 

4 shall prepare and submit a followup report to 

5 the appropriate committees of Congress con6 cerning the results of the study conducted pur7 suant to paragraph (1) and the data aggregated 

8 under paragraph (2). 

9 SEC. 10. EFFECT ON OTHER LAWS. 

10 (a) FEDERAL AND STATE ANTIDISCRIMINATION

11 LAWS.—Nothing in this Act shall be construed to modify 

12 or affect any Federal or State law prohibiting discrimina13 tion on the basis of race, religion, color, national origin, 

14 sex, age, disability, sexual orientation, gender identity, 

15 marital status, familial status, or any other protected sta16 tus. 

17 (b) STATE AND LOCAL LAWS.—Nothing in this Act 

18 shall be construed to supersede (including preempting) 

19 any provision of any State or local law that provides great20 er paid sick time or leave rights (including greater 

21 amounts of paid sick time or leave, or greater coverage 

22 of those eligible for paid sick time or leave) than the rights 

23 established under this Act. 


tkelley on DSK3SPTVN1PROD with BILLS
45 

•S 631 IS

1 SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

2 (a) MORE PROTECTIVE.—Nothing in this Act shall 

3 be construed to diminish the obligation of an employer to 

4 comply with any contract, collective bargaining agreement, 

5 or any employment benefit program or plan that provides 

6 greater paid sick leave or other leave rights to employees 

7 or individuals than the rights established under this Act. 

8 (b) LESS PROTECTIVE.—The rights established for 

9 employees under this Act shall not be diminished by any 

10 contract, collective bargaining agreement, or any employ11 ment benefit program or plan. 

12 SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

13 POLICIES. 

14 Nothing in this Act shall be construed to discourage 

15 employers from adopting or retaining leave policies more 

16 generous than policies that comply with the requirements 

17 of this Act. 

18 SEC. 13. REGULATIONS. 

19 (a) IN GENERAL.— 

20 (1) AUTHORITY.—Except as provided in para21 graph (2), not later than 180 days after the date of 

22 enactment of this Act, the Secretary shall prescribe 

23 such regulations as are necessary to carry out this 

24 Act with respect to employees described in subpara25 graph (A) or (B) of section 4(4) and other individVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
46 

•S 631 IS

1 uals affected by employers described in subclause (I) 

2 or (II) of section 4(5)(A)(i). 

3 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI4 BRARY OF CONGRESS.—The Comptroller General of 

5 the United States and the Librarian of Congress 

6 shall prescribe the regulations with respect to em7 ployees of the Government Accountability Office and 

8 the Library of Congress, respectively, and other indi9 viduals affected by the Comptroller General of the 

10 United States and the Librarian of Congress, re11 spectively. 

12 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC13 COUNTABILITY ACT OF 1995.— 

14 (1) AUTHORITY.—Not later than 90 days after 

15 the Secretary prescribes regulations under section 

16 13(a), the Board of Directors of the Office of Com17 pliance shall prescribe (in accordance with section 

18 304 of the Congressional Accountability Act of 1995 

19 (2 U.S.C. 1384)) such regulations as are necessary 

20 to carry out this Act with respect to employees de21 scribed in section 4(4)(C) and other individuals af22 fected by employers described in section 

23 4(5)(A)(i)(III). 

24 (2) AGENCY REGULATIONS.—The regulations 

25 prescribed under paragraph (1) shall be the same as 


tkelley on DSK3SPTVN1PROD with BILLS
47 

•S 631 IS

1 substantive regulations promulgated by the Sec2 retary to carry out this Act except insofar as the 

3 Board may determine, for good cause shown and 

4 stated together with the regulations prescribed 

5 under paragraph (1), that a modification of such 

6 regulations would be more effective for the imple7 mentation of the rights and protections involved 

8 under this section. 

9 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

10 3, UNITED STATES CODE.— 

11 (1) AUTHORITY.—Not later than 90 days after 

12 the Secretary prescribes regulations under section 

13 13(a), the President (or the designee of the Presi14 dent) shall prescribe such regulations as are nec15 essary to carry out this Act with respect to employ16 ees described in section 4(4)(D) and other individ17 uals affected by employers described in section 

18 4(5)(A)(i)(IV). 

19 (2) AGENCY REGULATIONS.—The regulations 

20 prescribed under paragraph (1) shall be the same as 

21 substantive regulations promulgated by the Sec22 retary to carry out this Act except insofar as the 

23 President (or designee) may determine, for good 

24 cause shown and stated together with the regula25 tions prescribed under paragraph (1), that a modiVerDate Mar 15 2010 15:59 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S631.IS S631

tkelley on DSK3SPTVN1PROD with BILLS
48 

•S 631 IS

1 fication of such regulations would be more effective 

2 for the implementation of the rights and protections 

3 involved under this section. 

4 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

5 5, UNITED STATES CODE.— 

6 (1) AUTHORITY.—Not later than 90 days after 

7 the Secretary prescribes regulations under section 

8 13(a), the Director of the Office of Personnel Man9 agement shall prescribe such regulations as are nec10 essary to carry out this Act with respect to employ11 ees described in section 4(4)(E) and other individ12 uals affected by employers described in section 

13 4(5)(A)(i)(V). 

14 (2) AGENCY REGULATIONS.—The regulations 

15 prescribed under paragraph (1) shall be the same as 

16 substantive regulations promulgated by the Sec17 retary to carry out this Act except insofar as the Di18 rector may determine, for good cause shown and 

19 stated together with the regulations prescribed 

20 under paragraph (1), that a modification of such 

21 regulations would be more effective for the imple22 mentation of the rights and protections involved 

23 under this section. 


tkelley on DSK3SPTVN1PROD with BILLS
49 

•S 631 IS

1 SEC. 14. EFFECTIVE DATES. 

2 (a) EFFECTIVE DATE.—This Act shall take effect 6 

3 months after the date of issuance of regulations under sec4 tion 13(a)(1). 

5 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

6 case of a collective bargaining agreement in effect on the 

7 effective date prescribed by subsection (a), this Act shall 

8 take effect on the earlier of— 

9 (1) the date of the termination of such agree10 ment; or 

11 (2) the date that occurs 18 months after the 

12 date of issuance of regulations under section 

13 13(a)(1). 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS