I 

115TH CONGRESS 

1ST SESSION H. R. 1516 

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 HOUSE OF REPRESENTATIVES 

MARCH 13, 2017 

Ms. DELAURO (for herself, Mr. KENNEDY, Ms. ESTY, Mr. MOULTON, Ms. 

ESHOO, Ms. SA ́NCHEZ, Ms. LOFGREN, Mr. SWALWELL of California, Mr. 

DELANEY, Mr. COURTNEY, Ms. JUDY CHU of California, Mr. TAKANO, 

Mrs. NAPOLITANO, Ms. WILSON of Florida, Mr. QUIGLEY, Mr. MEEKS, 

Mr. LYNCH, Ms. VELA ́ZQUEZ, Mr. CLEAVER, Mr. BLUMENAUER, Mr. 

COHEN, Ms. WASSERMAN SCHULTZ, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. SEAN PATRICK MALONEY of New York, Mr. KILMER, Ms. 

BONAMICI, Ms. TITUS, Ms. KAPTUR, Mr. JEFFRIES, Mr. PERLMUTTER, 

Ms. SCHAKOWSKY, Ms. GABBARD, Ms. SEWELL of Alabama, Mr. BERA, 

Mr. CICILLINE, Ms. PINGREE, Mr. BEN RAY LUJA ́N of New Mexico, Mr. 

AL GREEN of Texas, Mr. CARSON of Indiana, Mr. WALZ, Mrs. DAVIS of 

California, Ms. BROWNLEY of California, Mr. NADLER, Mr. GUTIE ́RREZ, 

Mr. GRIJALVA, Ms. CLARK of Massachusetts, Mr. LEVIN, Ms. MOORE, 

Mr. LARSEN of Washington, Mr. SCHIFF, Mr. GARAMENDI, Ms. MATSUI, 

Ms. CLARKE of New York, Mr. LANGEVIN, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. LARSON of Connecticut, Ms. FRANKEL of Florida, Ms. SLAUGHTER, Mr. CA ́RDENAS, Mrs. CAROLYN B. MALONEY of 

New York, Ms. SPEIER, Ms. ROYBAL-ALLARD, Ms. TSONGAS, Mr. 

POCAN, Mr. SCOTT of Virginia, Mr. AGUILAR, Mr. TONKO, Ms. NORTON, 

Ms. DELBENE, Miss RICE of New York, Mrs. DINGELL, Mr. ELLISON, 

Ms. MCCOLLUM, Mr. BEYER, Mr. RYAN of Ohio, Mrs. WATSON COLEMAN, Mr. VEASEY, Mr. KILDEE, Ms. KELLY of Illinois, Ms. MENG, Ms. 

JACKSON LEE, Mr. BRADY of Pennsylvania, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Mr. PASCRELL, Ms. PELOSI, Mr. CUMMINGS, Mr. POLIS, 

Mr. MCNERNEY, Mr. SMITH of Washington, Mr. NOLAN, Mr. ENGEL, 

Mr. FOSTER, Mr. THOMPSON of California, Mrs. BUSTOS, Mr. 

LOWENTHAL, Mr. PETERS, Mr. EVANS, Ms. LEE, Mr. KIHUEN, Mr. 

PRICE of North Carolina, Mr. HASTINGS, Mr. DEUTCH, Mr. RUIZ, Ms. 

FUDGE, Mr. DESAULNIER, Mr. LEWIS of Georgia, Mr. HIGGINS of New 

York, and Ms. SHEA-PORTER) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition 

to the Committees on House Administration, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, 


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in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 people need time to meet their own 

8 health care needs and to care for family members. 

9 The absence of paid sick time has forced working 

10 people to make untenable choices between needed in11 come and jobs on the one hand and caring for their 

12 own and their family’s health on the other. It is in 

13 the national interest to ensure that all working peo14 ple can care for their own health and the health of 

15 their families while prospering at work. 

16 (2) Thirty-six percent of the private sector 

17 workforce and 10 percent of the public sector work18 force, lacks paid sick time. Millions more theoretiVerDate Sep 11 2014 03:35 Mar 17, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1516.IH H1516

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1 cally have access to sick time, but have not been on 

2 the job long enough to use it. Millions more lack sick 

3 time they can use to care for a sick child or ill fam4 ily member. 

5 (3) Working people without paid sick days are 

6 more likely to go to work sick and delay or forgo 

7 needed health care. A 2016 study in the journal 

8 Health Affairs found that working adults without 

9 paid sick days are 3 times more likely to forgo med10 ical care for themselves, and 1.6 times more likely 

11 to forgo medical care for their family, compared to 

12 working adults with paid sick days. Lack of paid 

13 sick days is also a barrier to receiving cancer 

14 screenings and preventive care, according to a 2012 

15 study published by BioMed Central Public Health. 

16 (4) Nearly one in four parents without paid sick 

17 time reports sending a sick child to school or child 

18 care because the parent has to go to work. When 

19 children go to school and child care sick, they risk 

20 their own health and that of other children, teachers 

21 and administrators. Research suggests that schools 

22 play a key role in transmitting contagious illnesses 

23 like influenza. 

24 (5) A 2012 study published in the American 

25 Journal of Public Health found that a lack of workVerDate Sep 11 2014 03:35 Mar 17, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1516.IH H1516

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1 place policies like paid sick days contributed to an 

2 additional 5,000,000 cases of influenza-like illness 

3 during the H1N1 pandemic of 2009. 

4 (6) An analysis examining influenza rates fol5 lowing the implementation of comprehensive paid 

6 sick time laws in seven major cities in the United 

7 States found that when workers gained access to 

8 paid sick time in those cities, the general influenza 

9 rate in the population decreased by 5.5 to 6.5 per10 cent. This analysis by the National Bureau of Eco11 nomic Research estimates that those laws helped 

12 prevent about 100 influenza-like infections per week 

13 for every 100,000 people. 

14 (7) Paid sick days contribute to more cost-effec15 tive use of health care resources. A 2011 study by 

16 the Institute for Women’s Policy Research found 

17 that a universal paid sick days policy would reduce 

18 preventable visits to the emergency room and result 

19 in cost savings of $1,100,000,000 per year, includ20 ing $500,000,000 in savings for public health insur21 ance programs like Medicare and Medicaid. 

22 (8) The American Productivity Audit completed 

23 in 2003 found that lost productivity due to illness 

24 costs $226,000,000,000 annually, and that 71 per25 cent of that cost stems from presenteeism—the 


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1 practice of employees coming to work while ill. Stud2 ies in the Journal of Occupational and Environ3 mental Medicine and the Journal of the American 

4 Medical Association show that presenteeism is a 

5 larger productivity drain than either absenteeism or 

6 short-term disability. 

7 (9) Working while sick also increases a worker’s 

8 probability of suffering an injury on the job. A 2012 

9 study published by the American Journal of Public 

10 Health found that workers with access to paid sick 

11 leave were 28 percent less likely than workers with12 out paid sick leave to suffer nonfatal occupational 

13 injuries. 

14 (10) Workers’ access to paid sick time varies 

15 dramatically by wage level, as demonstrated by the 

16 following: 

17 (A) For private sector workers— 

18 (i) for workers in the lowest quartile 

19 of earners, 61 percent lack paid sick time; 

20 (ii) for workers in the next 2 quar21 tiles, 35 and 25 percent, respectively, lack 

22 paid sick time; and 

23 (iii) even for workers in the highest 

24 quartile, 16 percent lack paid sick time. 

25 (B) For public sector workers— 


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1 (i) for workers in the lowest quartile 

2 of earners, 23 percent lack paid sick time; 

3 (ii) for workers in the next 2 quar4 tiles, 6 and 7 percent, respectively, lack 

5 paid sick time; and 

6 (iii) for workers in the highest quar7 tile, 2 percent lack paid sick time. 

8 (11) Workers’ access to paid sick days also var9 ies depending on their occupation and race. For ex10 ample, more than 80 percent of workers in food 

11 preparation and serving occupations lack access to 

12 paid sick days, compared to only 23 percent of work13 ers in management occupations. More than half of 

14 Latino workers and nearly half of Native American 

15 or Alaskan Native workers do not have access to 

16 paid sick days, compared to nearly 40 percent of 

17 white and black workers. 

18 (12) According to the Centers for Disease Con19 trol and Prevention, more than 1 in 3 women and 

20 more than 1 in 4 men in America report having ex21 perienced rape, physical abuse, or stalking by an in22 timate partner at some point in their lives. Women 

23 and men of color are even more likely to report 

24 being impacted by intimate partner violence. Too 

25 many people, and especially women, are forced to 


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1 risk losing their jobs or critical income when they 

2 need to take time away from work to address domes3 tic violence related issues, such as obtaining a re4 straining order or finding housing, in order to avoid 

5 or prevent physical or sexual abuse. 

6 (13) Without paid sick time that can be used 

7 to address the effects of domestic violence, these vic8 tims are in grave danger of losing their jobs. One 

9 survey found that 96 percent of employed domestic 

10 violence victims experienced problems at work re11 lated to the violence. The Government Accountability 

12 Office similarly found that 24 to 52 percent of vic13 tims report losing a job due, at least in part, to do14 mestic violence. The loss of employment can be par15 ticularly devastating for victims of domestic violence, 

16 who often need economic security to ensure safety. 

17 (14) The Centers for Disease Control and Pre18 vention has estimated that intimate partner violence 

19 costs over $700,000,000 annually due to the victims’ 

20 lost productivity in employment. 

21 (15) Efforts to assist abused employees result 

22 in positive outcomes for employers as well as em23 ployees because employers can retain workers who 

24 might otherwise be compelled to leave. 


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1 (16) Dozens of States, cities, and localities have 

2 or will soon have paid sick time laws in place and 

3 evidence shows that those laws are working well for 

4 workers, businesses, and the economy. 

5 (17) A 2009 study by the Center for Economic 

6 and Policy Research found that, of 22 countries with 

7 comparable economies, the United States was 1 of 

8 only 3 countries that did not provide any paid time 

9 off for workers with short-term illnesses. 

10 SEC. 3. PURPOSES. 

11 The purposes of this Act are— 

12 (1) to ensure that working people can address 

13 their own health needs and the health needs of their 

14 families by requiring employers to permit employees 

15 to earn up to 56 hours of paid sick time including 

16 paid time for family care; 

17 (2) to diminish public and private health care 

18 costs by enabling workers to seek early and routine 

19 health care for themselves and their family members; 

20 (3) to assist employees who are, or whose fam21 ily members are, victims of domestic violence, sexual 

22 assault, or stalking, by providing the employees with 

23 paid time away from work to allow the victims to re24 ceive treatment and to take the necessary steps to 

25 ensure their protection; 


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1 (4) to address the historical and persistent 

2 widespread pattern of employment discrimination on 

3 the basis of gender by both private and public sector 

4 employers; 

5 (5) to accomplish the purposes described in 

6 paragraphs (1) through (4) in a manner that is fea7 sible for employers; and 

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

9 Amendment to the Constitution relating to equal 

10 protection of the laws, and pursuant to Congress’ 

11 power to enforce that provision under section 5 of 

12 that Amendment— 

13 (A) to accomplish the purposes described 

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

15 minimizes the potential for employment dis16 crimination on the basis of sex by ensuring gen17 erally that paid sick time is available for eligible 

18 medical reasons on a gender-neutral basis; and 

19 (B) to promote the goal of equal employ20 ment opportunity for women and men. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) CHILD.—The term ‘‘child’’ means a biologi24 cal, foster, or adopted child, a stepchild, a child of 


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1 a domestic partner, a legal ward, or a child of a per2 son standing in loco parentis, who is— 

3 (A) under 18 years of age; or 

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

5 of self-care because of a mental or physical dis6 ability. 

7 (2) DOMESTIC PARTNER.— 

8 (A) IN GENERAL.—The term ‘‘domestic 

9 partner’’, with respect to an individual, means 

10 another individual with whom the individual is 

11 in a committed relationship. 

12 (B) COMMITTED RELATIONSHIP DE13 FINED.—The term ‘‘committed relationship’’ 

14 means a relationship between two individuals, 

15 each at least 18 years of age, in which each in16 dividual is the other individual’s sole domestic 

17 partner and both individuals share responsi18 bility for a significant measure of each other’s 

19 common welfare. The term includes any such 

20 relationship between two individuals, including 

21 individuals of the same sex, that is granted 

22 legal recognition by a State or political subdivi23 sion of a State as a marriage or analogous rela24 tionship, including a civil union or domestic 

25 partnership. 


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

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

3 40002(a) of the Violence Against Women Act of 

4 1994 (42 U.S.C. 13925(a)), except that the ref5 erence in such section to the term ‘‘jurisdiction re6 ceiving grant monies’’ shall be deemed to mean the 

7 jurisdiction in which the victim lives or the jurisdic8 tion in which the employer involved is located. Such 

9 term also includes dating violence, as that term is 

10 defined in such section. 

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

12 an individual who is— 

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

14 3(e) of the Fair Labor Standards Act of 1938 

15 (29 U.S.C. 203(e)), who is not covered under 

16 subparagraph (E), including such an employee 

17 of the Library of Congress, except that a ref18 erence in such section to an employer shall be 

19 considered to be a reference to an employer de20 scribed in clauses (i)(I) and (ii) of paragraph 

21 (5)(A); or 

22 (ii) an employee of the Government Ac23 countability Office; 


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1 (B) a State employee described in section 

2 304(a) of the Government Employee Rights Act 

3 of 1991 (42 U.S.C. 2000e–16c(a)); 

4 (C) a covered employee, as defined in sec5 tion 101 of the Congressional Accountability 

6 Act of 1995 (2 U.S.C. 1301), other than an ap7 plicant for employment; 

8 (D) a covered employee, as defined in sec9 tion 411(c) of title 3, United States Code; or 

10 (E) a Federal officer or employee covered 

11 under subchapter V of chapter 63 of title 5, 

12 United States Code. 

13 (5) EMPLOYER.— 

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

15 means a person who is— 

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

17 in subparagraph (B), who is not covered 

18 under subclause (V); 

19 (II) an entity employing a State em20 ployee described in section 304(a) of the 

21 Government Employee Rights Act of 1991; 

22 (III) an employing office, as defined 

23 in section 101 of the Congressional Ac24 countability Act of 1995; 


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1 (IV) an employing office, as defined in 

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

3 Code; or 

4 (V) an employing agency covered 

5 under subchapter V of chapter 63 of title 

6 5, United States Code; and 

7 (ii) is engaged in commerce (including 

8 government), or an industry or activity af9 fecting commerce (including government), 

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

11 (B) COVERED EMPLOYER.— 

12 (i) IN GENERAL.—In subparagraph 

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

14 (I) means any person engaged in 

15 commerce or in any industry or activ16 ity affecting commerce who employs 

17 15 or more employees for each work18 ing day during each of 20 or more 

19 calendar workweeks in the current or 

20 preceding year; 

21 (II) means a smaller employer, as 

22 defined in subparagraph (C), to which 

23 the special rule in paragraph (3) of 

24 section 5(a) applies; 

25 (III) includes— 


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1 (aa) any person who acts, 

2 directly or indirectly, in the inter3 est of an employer to any of the 

4 employees of such employer; and 

5 (bb) any successor in inter6 est of an employer; 

7 (IV) includes any ‘‘public agen8 cy’’, as defined in section 3(x) of the 

9 Fair Labor Standards Act of 1938 

10 (29 U.S.C. 203(x)); and 

11 (V) includes the Government Ac12 countability Office and the Library of 

13 Congress. 

14 (ii) PUBLIC AGENCY.—For purposes 

15 of clause (i)(IV), a public agency shall be 

16 considered to be a person engaged in com17 merce or in an industry or activity affect18 ing commerce. 

19 (iii) DEFINITIONS.—For purposes of 

20 this subparagraph: 

21 (I) COMMERCE.—The terms 

22 ‘‘commerce’’ and ‘‘industry or activity 

23 affecting commerce’’ mean any activ24 ity, business, or industry in commerce 

25 or in which a labor dispute would 


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1 hinder or obstruct commerce or the 

2 free flow of commerce, and include 

3 ‘‘commerce’’ and any ‘‘industry affect4 ing commerce’’, as defined in para5 graphs (1) and (3) of section 501 of 

6 the Labor Management Relations Act, 

7 1947 (29 U.S.C. 142 (1) and (3)). 

8 (II) EMPLOYEE.—The term ‘‘em9 ployee’’ has the same meaning given 

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

11 Labor Standards Act of 1938 (29 

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

13 (III) PERSON.—The term ‘‘per14 son’’ has the same meaning given 

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

16 Labor Standards Act of 1938 (29 

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

18 (C) SMALLER EMPLOYER.—The term 

19 ‘‘smaller employer’’ means any person engaged 

20 in commerce or in any industry or activity af21 fecting commerce who employs fewer than 15 

22 employees for each working day during each of 

23 20 or more calendar workweeks in the pre24 ceding year. 


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1 (D) PREDECESSORS.—Any reference in 

2 this paragraph to an employer shall include a 

3 reference to any predecessor of such employer. 

4 (6) EMPLOYMENT BENEFITS.—The term ‘‘em5 ployment benefits’’ means all benefits provided or 

6 made available to employees by an employer, includ7 ing group life insurance, health insurance, disability 

8 insurance, sick leave, annual leave, educational bene9 fits, and pensions, regardless of whether such bene10 fits are provided by a practice or written policy of 

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

12 as defined in section 3(3) of the Employee Retire13 ment Income Security Act of 1974 (29 U.S.C. 

14 1002(3)). 

15 (7) HEALTH CARE PROVIDER.—The term 

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

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

18 who is authorized to practice medicine or sur19 gery (as appropriate) by the State in which the 

20 doctor practices; or 

21 (ii) is any other person determined by the 

22 Secretary to be capable of providing health care 

23 services; and 


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1 (B) is not employed by an employer for 

2 whom the provider issues certification under 

3 this Act. 

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

5 time’’ means an increment of compensated leave that 

6 can be earned by an employee for use during an ab7 sence from employment for any of the reasons de8 scribed in paragraphs (1) through (4) of section 

9 5(b). 

10 (9) PARENT.—The term ‘‘parent’’ means a bio11 logical, foster, or adoptive parent of an employee, a 

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

13 a domestic partner, or a legal guardian or other per14 son who stood in loco parentis to an employee when 

15 the employee was a child. 

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

17 means the Secretary of Labor. 

18 (11) SEXUAL ASSAULT.—The term ‘‘sexual as19 sault’’ has the meaning given the term in section 

20 40002(a) of the Violence Against Women Act of 

21 1994 (42 U.S.C. 13925(a)). 

22 (12) SPOUSE.—The term ‘‘spouse’’, with re23 spect to an employee, has the meaning given such 

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

25 marriage was celebrated. 


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1 (13) STALKING.—The term ‘‘stalking’’ has the 

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

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

4 13925(a)). 

5 (14) STATE.—The term ‘‘State’’ has the mean6 ing given the term in section 3 of the Fair Labor 

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

8 (15) UNPAID SICK TIME.—The term ‘‘unpaid 

9 sick time’’ means the leave earned and used in the 

10 same manner and under the same conditions as paid 

11 sick time for the purposes of this Act, except that 

12 no compensation shall be paid. 

13 (16) VICTIM SERVICES ORGANIZATION.—The 

14 term ‘‘victim services organization’’ means a non15 profit, nongovernmental organization that provides 

16 assistance to victims of domestic violence, sexual as17 sault, or stalking or advocates for such victims, in18 cluding a rape crisis center, an organization carrying 

19 out a domestic violence, sexual assault, or stalking 

20 prevention or treatment program, an organization 

21 operating a shelter or providing counseling services, 

22 or a legal services organization or other organization 

23 providing assistance through the legal process. 

24 SEC. 5. EARNED PAID SICK TIME. 

25 (a) EARNING OF PAID SICK TIME.— 


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1 (1) IN GENERAL.—An employer shall provide 

2 each employee employed by the employer not less 

3 than 1 hour of earned paid sick time for every 30 

4 hours worked, to be used as described in subsection 

5 (b). An employer shall not be required to permit an 

6 employee to earn, under this section, more than 56 

7 hours of paid sick time in a year, unless the em8 ployer chooses to set a higher limit. 

9 (2) EXEMPT EMPLOYEES.— 

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

11 paragraph (4), for purposes of this section, an 

12 employee who is exempt from overtime require13 ments under section 13(a)(1) of the Fair Labor 

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

15 shall be assumed to work 40 hours in each 

16 workweek. 

17 (B) SHORTER NORMAL WORKWEEK.—If 

18 the normal workweek of such an employee is 

19 less than 40 hours, the employee shall earn 

20 paid sick time based upon that normal work21 week. 

22 (3) SPECIAL RULE FOR SMALLER EMPLOY23 ERS.—A smaller employer may provide paid sick 

24 time as provided under paragraph (1) but if such 

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1 ployer shall provide not fewer than 56 hours of un2 paid sick time to each employee per year to be used 

3 for the same purposes and under the same condi4 tions as set out in this Act. The provision and earn5 ing of unpaid sick time shall be treated in all re6 spects the same as the provision and earning of paid 

7 sick time under this Act. References in this Act to 

8 paid sick time shall, with respect to smaller employ9 ers, be deemed to be references to unpaid sick time. 

10 (4) DATES FOR BEGINNING TO EARN PAID SICK

11 TIME AND USE.—Employees shall begin to earn paid 

12 sick time under this section at the commencement of 

13 their employment. An employee shall be entitled to 

14 use the earned paid sick time beginning on the 60th 

15 calendar day following commencement of the em16 ployee’s employment. After that 60th calendar day, 

17 the employee may use the paid sick time as the time 

18 is earned. An employer may, at the discretion of the 

19 employer, loan paid sick time to an employee for use 

20 by such employee in advance of the employee earn21 ing such sick time as provided in this subsection and 

22 may permit use before the 60th day of employment. 

23 (5) CARRYOVER.— 

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

25 subparagraph (B), paid sick time earned under 


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1 this section shall carry over from one year to 

2 the next. 

3 (B) CONSTRUCTION.—This Act shall not 

4 be construed to require an employer to permit 

5 an employee to earn more than 56 hours of 

6 earned paid sick time at a given time. 

7 (6) EMPLOYERS WITH EXISTING POLICIES.— 

8 Any employer with a paid leave policy who makes 

9 available an amount of paid leave that is sufficient 

10 to meet the requirements of this section and that 

11 may be used for the same purposes and under the 

12 same conditions as the purposes and conditions out13 lined in subsection (b) shall not be required to per14 mit an employee to earn additional paid sick time 

15 under this section. 

16 (7) CONSTRUCTION.—Nothing in this section 

17 shall be construed as requiring financial or other re18 imbursement to an employee from an employer upon 

19 the employee’s termination, resignation, retirement, 

20 or other separation from employment for earned 

21 paid sick time that has not been used. 

22 (8) REINSTATEMENT.—If an employee is sepa23 rated from employment with an employer and is re24 hired, within 12 months after that separation, by the 

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1 ployee’s previously earned paid sick time. The em2 ployee shall be entitled to use the earned paid sick 

3 time and earn additional paid sick time at the re4 commencement of employment with the employer. 

5 (9) PROHIBITION.—An employer may not re6 quire, as a condition of providing paid sick time 

7 under this Act, that the employee involved search for 

8 or find a replacement employee to cover the hours 

9 during which the employee is using paid sick time. 

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

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

12 (1) An absence resulting from a physical or 

13 mental illness, injury, or medical condition of the 

14 employee. 

15 (2) An absence resulting from obtaining profes16 sional medical diagnosis or care, or preventive med17 ical care, for the employee. 

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

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

20 other individual related by blood or affinity whose 

21 close association with the employee is the equivalent 

22 of a family relationship, who— 

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

24 diagnosis or care described in paragraph (1) or 

25 (2); 


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1 (B) in the case of someone who is a child, 

2 is required to attend a school meeting or a 

3 meeting at a place where the child is receiving 

4 care necessitated by the child’s health condition 

5 or disability; or 

6 (C) is otherwise in need of care. 

7 (4) An absence resulting from domestic vio8 lence, sexual assault, or stalking, if the time is to— 

9 (A) seek medical attention for the em10 ployee or the employee’s child, parent, spouse, 

11 domestic partner, or an individual related to the 

12 employee as described in paragraph (3), to re13 cover from physical or psychological injury or 

14 disability caused by domestic violence, sexual 

15 assault, or stalking; 

16 (B) obtain or assist a related person de17 scribed in paragraph (3) in obtaining services 

18 from a victim services organization; 

19 (C) obtain or assist a related person de20 scribed in paragraph (3) in obtaining psycho21 logical or other counseling; 

22 (D) seek relocation; or 

23 (E) take legal action, including preparing 

24 for or participating in any civil or criminal legal 


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1 proceeding related to or resulting from domestic 

2 violence, sexual assault, or stalking. 

3 (c) SCHEDULING.—An employee shall make a reason4 able effort to schedule a period of paid sick time under 

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

6 operations of the employer. 

7 (d) PROCEDURES.— 

8 (1) IN GENERAL.—Paid sick time shall be pro9 vided upon the oral or written request of an em10 ployee. Such request shall— 

11 (A) include the expected duration of the 

12 period of such time; 

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

14 period of time is foreseeable at least 7 days in 

15 advance of such period, be provided at least 7 

16 days in advance of such period; and 

17 (C) otherwise, be provided as soon as prac18 ticable after the employee is aware of the need 

19 for such period. 

20 (2) CERTIFICATION IN GENERAL.— 

21 (A) PROVISION.— 

22 (i) IN GENERAL.—Subject to subpara23 graph (C), an employer may require that a 

24 request for paid sick time under this sec25 tion for a purpose described in paragraph 


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1 (1), (2), or (3) of subsection (b) be sup2 ported by a certification issued by the 

3 health care provider of the eligible em4 ployee or of an individual described in sub5 section (b)(3), as appropriate, if the period 

6 of such time covers more than 3 consecu7 tive workdays. 

8 (ii) TIMELINESS.—The employee shall 

9 provide a copy of such certification to the 

10 employer in a timely manner, not later 

11 than 30 days after the first day of the pe12 riod of time. The employer shall not delay 

13 the commencement of the period of time on 

14 the basis that the employer has not yet re15 ceived the certification. 

16 (B) SUFFICIENT CERTIFICATION.— 

17 (i) IN GENERAL.—A certification pro18 vided under subparagraph (A) shall be suf19 ficient if it states— 

20 (I) the date on which the period 

21 of time will be needed; 

22 (II) the probable duration of the 

23 period of time; 

24 (III) the appropriate medical 

25 facts within the knowledge of the 


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1 health care provider regarding the 

2 condition involved, subject to clause 

3 (ii); and 

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

5 time under subsection (b)(1), a state6 ment that absence from work is medi7 cally necessary; 

8 (bb) for purposes of such time 

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

10 which testing for a medical diagnosis 

11 or care is expected to be given and the 

12 duration of such testing or care; and 

13 (cc) for purposes of such time 

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

15 time to care for someone who is not a 

16 child, a statement that care is needed 

17 for an individual described in such 

18 subsection, and an estimate of the 

19 amount of time that such care is 

20 needed for such individual. 

21 (ii) LIMITATION.—In issuing a certifi22 cation under subparagraph (A), a health 

23 care provider shall make reasonable efforts 

24 to limit the medical facts described in 

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1 tification to the minimum necessary to es2 tablish a need for the employee to utilize 

3 paid sick time. 

4 (C) REGULATIONS.—Regulations pre5 scribed under section 14 shall specify the man6 ner in which an employee who does not have 

7 health insurance shall provide a certification for 

8 purposes of this paragraph. 

9 (D) CONFIDENTIALITY AND NONDISCLO10 SURE.— 

11 (i) PROTECTED HEALTH INFORMA12 TION.—Nothing in this Act shall be con13 strued to require a health care provider to 

14 disclose information in violation of section 

15 1177 of the Social Security Act (42 U.S.C. 

16 1320d–6) or the regulations promulgated 

17 pursuant to section 264(c) of the Health 

18 Insurance Portability and Accountability 

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

20 (ii) HEALTH INFORMATION

21 RECORDS.—If an employer possesses 

22 health information about an employee or 

23 an employee’s child, parent, spouse, domes24 tic partner, or an individual related to the 


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

2 such information shall— 

3 (I) be maintained on a separate 

4 form and in a separate file from other 

5 personnel information; 

6 (II) be treated as a confidential 

7 medical record; and 

8 (III) not be disclosed except to 

9 the affected employee or with the per10 mission of the affected employee. 

11 (3) CERTIFICATION IN THE CASE OF DOMESTIC

12 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

13 (A) IN GENERAL.—An employer may re14 quire that a request for paid sick time under 

15 this section for a purpose described in sub16 section (b)(4) be supported by any one of the 

17 following forms of documentation, but the em18 ployer may not specify the particular form of 

19 documentation to be provided: 

20 (i) A police report indicating that the 

21 employee, or a member of the employee’s 

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

23 a victim of domestic violence, sexual as24 sault, or stalking. 


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1 (ii) A court order protecting or sepa2 rating the employee or a member of the 

3 employee’s family described in subsection 

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

5 domestic violence, sexual assault, or stalk6 ing, or other evidence from the court or 

7 prosecuting attorney that the employee or 

8 a member of the employee’s family de9 scribed in subsection (b)(4) has appeared 

10 in court or is scheduled to appear in court 

11 in a proceeding related to domestic vio12 lence, sexual assault, or stalking. 

13 (iii) Other documentation signed by 

14 an employee or volunteer working for a vic15 tim services organization, an attorney, a 

16 police officer, a medical professional, a so17 cial worker, an antiviolence counselor, or a 

18 member of the clergy, affirming that the 

19 employee or a member of the employee’s 

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

21 victim of domestic violence, sexual assault, 

22 or stalking. 

23 (B) REQUIREMENTS.—The requirements 

24 of paragraph (2) shall apply to certifications 

25 under this paragraph, except that— 


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1 (i) subclauses (III) and (IV) of sub2 paragraph (B)(i) and subparagraph (B)(ii) 

3 of such paragraph shall not apply; 

4 (ii) the certification shall state the 

5 reason that the leave is required with the 

6 facts to be disclosed limited to the min7 imum necessary to establish a need for the 

8 employee to be absent from work, and the 

9 employee shall not be required to explain 

10 the details of the domestic violence, sexual 

11 assault, or stalking involved; and 

12 (iii) with respect to confidentiality 

13 under subparagraph (D) of such para14 graph, any information provided to the em15 ployer under this paragraph shall be con16 fidential, except to the extent that any dis17 closure of such information is— 

18 (I) requested or consented to in 

19 writing by the employee; or 

20 (II) otherwise required by appli21 cable Federal or State law. 

22 SEC. 6. NOTICE REQUIREMENT. 

23 (a) IN GENERAL.—Each employer shall notify each 

24 employee and include in any employee handbook the infor25 mation described in paragraphs (1) through (4). Each emVerDate Sep 11 2014 03:35 Mar 17, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1516.IH H1516

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1 ployer shall post and keep posted a notice, to be prepared 

2 or approved in accordance with procedures specified in 

3 regulations prescribed under section 14, setting forth ex4 cerpts from, or summaries of, the pertinent provisions of 

5 this Act including— 

6 (1) information describing paid sick time avail7 able to employees under this Act; 

8 (2) information pertaining to the filing of an 

9 action under this Act; 

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

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

12 and 

13 (4) information that describes— 

14 (A) the protections that an employee has 

15 in exercising rights under this Act; and 

16 (B) how the employee can contact the Sec17 retary (or other appropriate authority as de18 scribed in section 8) if any of the rights are vio19 lated. 

20 (b) LOCATION.—The notice described under sub21 section (a) shall be posted— 

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

23 employer, where notices to employees (including ap24 plicants) are customarily posted; or 

25 (2) in employee handbooks. 


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1 (c) VIOLATION; PENALTY.—Any employer who will2 fully violates the posting requirements of this section shall 

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

4 for each separate offense. 

5 SEC. 7. PROHIBITED ACTS. 

6 (a) INTERFERENCE WITH RIGHTS.— 

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

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

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

10 provided under this Act, including— 

11 (A) discharging or discriminating against 

12 (including retaliating against) any individual, 

13 including a job applicant, for exercising, or at14 tempting to exercise, any right provided under 

15 this Act; 

16 (B) using the taking of paid sick time or 

17 unpaid sick time under this Act as a negative 

18 factor in an employment action, such as hiring, 

19 promotion, reducing hours or number of shifts, 

20 or a disciplinary action; or 

21 (C) counting the paid sick time or unpaid 

22 sick time under a no-fault attendance policy or 

23 any other absence control policy. 

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

25 any employer to discharge or in any other manner 


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1 discriminate against (including retaliating against) 

2 any individual, including a job applicant, for oppos3 ing any practice made unlawful by this Act. 

4 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR5 IES.—It shall be unlawful for any person to discharge or 

6 in any other manner discriminate against (including retali7 ating against) any individual, including a job applicant, 

8 because such individual— 

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

10 caused to be instituted any proceeding, under or re11 lated to this Act; 

12 (2) has given, or is about to give, any informa13 tion in connection with any inquiry or proceeding re14 lating to any right provided under this Act; or 

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

16 inquiry or proceeding relating to any right provided 

17 under this Act. 

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

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

20 prohibited by section 105 of the Family and Medical Leave 

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

22 the activities prohibited by this section. 

23 SEC. 8. ENFORCEMENT AUTHORITY. 

24 (a) IN GENERAL.— 

25 (1) DEFINITION.—In this subsection— 


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1 (A) the term ‘‘employee’’ means an em2 ployee described in subparagraph (A) or (B) of 

3 section 4(4); and 

4 (B) the term ‘‘employer’’ means an em5 ployer described in subclause (I) or (II) of sec6 tion 4(5)(A)(i). 

7 (2) INVESTIGATIVE AUTHORITY.— 

8 (A) IN GENERAL.—To ensure compliance 

9 with the provisions of this Act, or any regula10 tion or order issued under this Act, the Sec11 retary shall have, subject to subparagraph (C), 

12 the investigative authority provided under sec13 tion 11(a) of the Fair Labor Standards Act of 

14 1938 (29 U.S.C. 211(a)), with respect to em15 ployers, employees, and other individuals af16 fected. 

17 (B) OBLIGATION TO KEEP AND PRESERVE

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

19 preserve records pertaining to compliance with 

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

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

22 211(c)) and in accordance with regulations pre23 scribed by the Secretary. 

24 (C) REQUIRED SUBMISSIONS GENERALLY

25 LIMITED TO AN ANNUAL BASIS.—The Secretary 


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1 shall not require, under the authority of this 

2 paragraph, an employer to submit to the Sec3 retary any books or records more than once 

4 during any 12-month period, unless the Sec5 retary has reasonable cause to believe there 

6 may exist a violation of this Act or any regula7 tion or order issued pursuant to this Act, or is 

8 investigating a charge pursuant to paragraph 

9 (4). 

10 (D) SUBPOENA AUTHORITY.—For the pur11 poses of any investigation provided for in this 

12 paragraph, the Secretary shall have the sub13 poena authority provided for under section 9 of 

14 the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 209). 

16 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID17 UALS.— 

18 (A) RIGHT OF ACTION.—An action to re19 cover the damages or equitable relief prescribed 

20 in subparagraph (B) may be maintained 

21 against any employer in any Federal or State 

22 court of competent jurisdiction by one or more 

23 employees or individuals or their representative 

24 for and on behalf of— 

25 (i) the employees or individuals; or 


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1 (ii) the employees or individuals and 

2 others similarly situated. 

3 (B) LIABILITY.—Any employer who vio4 lates section 7 (including a violation relating to 

5 rights provided under section 5) shall be liable 

6 to any employee or individual affected— 

7 (i) for damages equal to— 

8 (I) the amount of— 

9 (aa) any wages, salary, em10 ployment benefits, or other com11 pensation denied or lost by rea12 son of the violation; or 

13 (bb) in a case in which 

14 wages, salary, employment bene15 fits, or other compensation have 

16 not been denied or lost, any ac17 tual monetary losses sustained as 

18 a direct result of the violation up 

19 to a sum equal to 56 hours of 

20 wages or salary for the employee 

21 or individual; 

22 (II) the interest on the amount 

23 described in subclause (I) calculated 

24 at the prevailing rate; and 


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1 (III) an additional amount as liq2 uidated damages; and 

3 (ii) for such equitable relief as may be 

4 appropriate, including employment, rein5 statement, and promotion. 

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

7 action under this paragraph shall, in addition to 

8 any judgment awarded to the plaintiff, allow a 

9 reasonable attorney’s fee, reasonable expert wit10 ness fees, and other costs of the action to be 

11 paid by the defendant. 

12 (4) ACTION BY THE SECRETARY.— 

13 (A) ADMINISTRATIVE ACTION.—The Sec14 retary shall receive, investigate, and attempt to 

15 resolve complaints of violations of section 7 (in16 cluding a violation relating to rights provided 

17 under section 5) in the same manner that the 

18 Secretary receives, investigates, and attempts to 

19 resolve complaints of violations of sections 6 

20 and 7 of the Fair Labor Standards Act of 1938 

21 (29 U.S.C. 206 and 207). 

22 (B) CIVIL ACTION.—The Secretary may 

23 bring an action in any court of competent juris24 diction to recover the damages described in 

25 paragraph (3)(B)(i). 


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1 (C) SUMS RECOVERED.—Any sums recov2 ered by the Secretary pursuant to subparagraph 

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

4 and shall be paid, on order of the Secretary, di5 rectly to each employee or individual affected. 

6 Any such sums not paid to an employee or indi7 vidual affected because of inability to do so 

8 within a period of 3 years shall be deposited 

9 into the Treasury of the United States as mis10 cellaneous receipts. 

11 (5) LIMITATION.— 

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

13 subparagraph (B), an action may be brought 

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

15 2 years after the date of the last event consti16 tuting the alleged violation for which the action 

17 is brought. 

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

19 an action brought for a willful violation of sec20 tion 7 (including a willful violation relating to 

21 rights provided under section 5), such action 

22 may be brought within 3 years of the date of 

23 the last event constituting the alleged violation 

24 for which such action is brought. 


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1 (C) COMMENCEMENT.—In determining 

2 when an action is commenced under paragraph 

3 (3), (4), or (6) for the purposes of this para4 graph, it shall be considered to be commenced 

5 on the date when the complaint is filed. 

6 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

7 The district courts of the United States shall have 

8 jurisdiction, for cause shown, in an action brought 

9 by the Secretary— 

10 (A) to restrain violations of section 7 (in11 cluding a violation relating to rights provided 

12 under section 5), including the restraint of any 

13 withholding of payment of wages, salary, em14 ployment benefits, or other compensation, plus 

15 interest, found by the court to be due to em16 ployees or individuals eligible under this Act; or 

17 (B) to award such other equitable relief as 

18 may be appropriate, including employment, re19 instatement, and promotion. 

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

21 Labor may appear for and represent the Secretary 

22 on any litigation brought under paragraph (4) or 

23 (6). 

24 (8) GOVERNMENT ACCOUNTABILITY OFFICE

25 AND LIBRARY OF CONGRESS.—Notwithstanding any 


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

2 Government Accountability Office and the Library of 

3 Congress, the authority of the Secretary of Labor 

4 under this subsection shall be exercised respectively 

5 by the Comptroller General of the United States and 

6 the Librarian of Congress. 

7 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC8 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

9 procedures provided in the Congressional Accountability 

10 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de11 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

15 person, alleging an unlawful employment practice in viola16 tion of this Act against an employee described in section 

17 4(4)(C). 

18 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

19 3, UNITED STATES CODE.—The powers, remedies, and 

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

21 Code, to the President, the Merit Systems Protection 

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

23 412(a)(1) of that title, shall be the powers, remedies, and 

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

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1 ment practice in violation of this Act against an employee 

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

3 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

4 5, UNITED STATES CODE.—The powers, remedies, and 

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

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

7 the Merit Systems Protection Board, or provided in that 

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

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

10 this Act provides to that agency, that Board, or any per11 son, respectively, alleging an unlawful employment prac12 tice in violation of this Act against an employee described 

13 in section 4(4)(E). 

14 (e) REMEDIES FOR STATE EMPLOYEES.— 

15 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

16 State’s receipt or use of Federal financial assistance 

17 for any program or activity of a State shall con18 stitute a waiver of sovereign immunity, under the 

19 11th Amendment to the Constitution or otherwise, 

20 to a suit brought by an employee of that program 

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

22 other relief authorized under this Act. 

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

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

25 any employee who has complied with the procedures 


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

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

3 may award to the prevailing party those costs au4 thorized by section 722 of the Revised Statutes (42 

5 U.S.C. 1988). 

6 (3) APPLICABILITY.—With respect to a par7 ticular program or activity, paragraph (1) applies to 

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

9 of enactment of this Act, on which a State first re10 ceives or uses Federal financial assistance for that 

11 program or activity. 

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

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

14 the meaning given the term in section 606 of the 

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

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR EDU17 CATION AND OUTREACH. 

18 There is authorized to be appropriated to the Sec19 retary of Labor such sums as may be necessary in order 

20 that the Secretary may conduct a public awareness cam21 paign to educate and inform the public of the require22 ments for paid sick time required by this Act. 


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1 SEC. 10. COLLECTION OF DATA ON PAID SICK TIME AND 

2 FURTHER STUDY. 

3 (a) COMPILATION OF INFORMATION.—The Commis4 sioner of Labor Statistics shall annually compile informa5 tion on the following: 

6 (1) The amount of paid and unpaid sick time 

7 available to employees by occupation and type of em8 ployment establishment. 

9 (2) An estimate of the average sick time used 

10 by employees according to occupation and the type 

11 of employment establishment. 

12 (b) GAO STUDY.—Not later than 5 years after the 

13 date of enactment of this Act, the Comptroller General 

14 of the United States shall conduct a study to evaluate the 

15 implementation of this Act. Such study shall include an 

16 estimation of employees’ access to paid sick time, employ17 ees’ awareness of their rights under this Act, and employ18 ers’ experiences complying with this Act. Such study shall 

19 take into account access, awareness and experiences of 

20 employees by race, ethnicity, gender, and occupation. 

21 (c) REPORT.—Upon completion of the study required 

22 by subsection (b), the Comptroller General of the United 

23 States shall prepare and submit a report to the appro24 priate committees of Congress concerning the results of 

25 the study and the information compiled pursuant to sub26 section (a). 


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1 SEC. 11. EFFECT ON OTHER LAWS. 

2 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

4 or affect any Federal or State law prohibiting discrimina5 tion on the basis of race, religion, color, national origin, 

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

7 marital status, familial status, or any other protected sta8 tus. 

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

10 shall be construed to supersede (including preempting) 

11 any provision of any State or local law that provides great12 er paid sick time or leave rights (including greater 

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

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

15 established under this Act. 

16 SEC. 12. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

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

18 be construed to diminish the obligation of an employer to 

19 comply with any contract, collective bargaining agreement, 

20 or any employment benefit program or plan that provides 

21 greater paid sick leave or other leave rights to employees 

22 or individuals than the rights established under this Act. 

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

24 employees under this Act shall not be diminished by any 

25 contract, collective bargaining agreement, or any employ26 ment benefit program or plan. 


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1 SEC. 13. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

2 POLICIES. 

3 Nothing in this Act shall be construed to discourage 

4 employers from adopting or retaining leave policies more 

5 generous than policies that comply with the requirements 

6 of this Act. 

7 SEC. 14. REGULATIONS. 

8 (a) IN GENERAL.— 

9 (1) AUTHORITY.—Except as provided in para10 graph (2), not later than 180 days after the date of 

11 enactment of this Act, the Secretary shall prescribe 

12 such regulations as are necessary to carry out this 

13 Act with respect to employees described in subpara14 graph (A) or (B) of section 4(4) and other individ15 uals affected by employers described in subclause (I) 

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

17 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI18 BRARY OF CONGRESS.—The Comptroller General of 

19 the United States and the Librarian of Congress 

20 shall prescribe the regulations with respect to em21 ployees of the Government Accountability Office and 

22 the Library of Congress, respectively, and other indi23 viduals affected by the Comptroller General of the 

24 United States and the Librarian of Congress, re25 spectively. 


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1 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC2 COUNTABILITY ACT OF 1995.— 

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

4 the Secretary prescribes regulations under sub5 section (a), the Board of Directors of the Office of 

6 Compliance shall prescribe (in accordance with sec7 tion 304 of the Congressional Accountability Act of 

8 1995 (2 U.S.C. 1384)) such regulations as are nec9 essary to carry out this Act with respect to employ10 ees described in section 4(4)(C) and other individ11 uals affected by employers described in section 

12 4(5)(A)(i)(III). 

13 (2) AGENCY REGULATIONS.—The regulations 

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

15 substantive regulations promulgated by the Sec16 retary to carry out this Act except insofar as the 

17 Board may determine, for good cause shown and 

18 stated together with the regulations prescribed 

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

20 regulations would be more effective for the imple21 mentation of the rights and protections involved 

22 under this section. 

23 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

24 3, UNITED STATES CODE.— 


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

2 the Secretary prescribes regulations under sub3 section (a), the President (or the designee of the 

4 President) shall prescribe such regulations as are 

5 necessary to carry out this Act with respect to em6 ployees described in section 4(4)(D) and other indi7 viduals affected by employers described in section 

8 4(5)(A)(i)(IV). 

9 (2) AGENCY REGULATIONS.—The regulations 

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

11 substantive regulations promulgated by the Sec12 retary to carry out this Act except insofar as the 

13 President (or designee) may determine, for good 

14 cause shown and stated together with the regula15 tions prescribed under paragraph (1), that a modi16 fication of such regulations would be more effective 

17 for the implementation of the rights and protections 

18 involved under this section. 

19 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

20 5, UNITED STATES CODE.— 

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

22 the Secretary prescribes regulations under sub23 section (a), the Director of the Office of Personnel 

24 Management shall prescribe such regulations as are 

25 necessary to carry out this Act with respect to emVerDate Sep 11 2014 03:35 Mar 17, 2017 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1516.IH H1516

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1 ployees described in section 4(4)(E) and other indi2 viduals affected by employers described in section 

3 4(5)(A)(i)(V). 

4 (2) AGENCY REGULATIONS.—The regulations 

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

6 substantive regulations promulgated by the Sec7 retary to carry out this Act except insofar as the Di8 rector may determine, for good cause shown and 

9 stated together with the regulations prescribed 

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

11 regulations would be more effective for the imple12 mentation of the rights and protections involved 

13 under this section. 

14 SEC. 15. EFFECTIVE DATES. 

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

16 months after the date of issuance of regulations under sec17 tion 14(a)(1). 

18 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

19 case of a collective bargaining agreement in effect on the 

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

21 take effect on the earlier of— 

22 (1) the date of the termination of such agree23 ment; or 


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

2 date of issuance of regulations under section 

3 14(a)(1). 

Æ 


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