I 

111TH CONGRESS 

1ST SESSION H. R. 3991 

To ensure that American workers are able to follow, without financial harm, 

the recommendations of their employer and public health authorities 

to stay home when they have symptoms of a contagious disease that 

may put co-workers, customers, or the public at risk. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2009 

Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Ms. WOOLSEY, 

Ms. HIRONO, Mr. HARE, Ms. CLARKE, Mr. PIERLUISI, and Mr. SABLAN) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To ensure that American workers are able to follow, without 

financial harm, the recommendations of their employer 

and public health authorities to stay home when they 

have symptoms of a contagious disease that may put 

co-workers, customers, or the public at risk. 

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 ‘‘Emergency Influenza 

5 Containment Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to ensure that American 

3 workers are able to follow, without financial harm, the rec4 ommendations of their employer and public health authori5 ties to stay home when they have symptoms of a con6 tagious disease that may put co-workers, customers, or the 

7 public at risk. 

8 SEC. 3. PAID SICK LEAVE REQUIREMENT. 

9 (a) IN GENERAL.—An employer who directs an em10 ployee to leave work or not to come in to work because 

11 the employer believes the employee has symptoms of a con12 tagious illness, or has been in close contact with an indi13 vidual who has symptoms of a contagious illness, shall pro14 vide paid sick leave to the employee for each workday (or 

15 portion thereof) the employee complies with such direc16 tion, up to a maximum of 5 workdays per 12-month pe17 riod. 

18 (b) EMPLOYEE COMPLIANCE WITH EMPLOYER DI19 RECTION.—An employee shall be considered to be in com20 pliance with an employer’s direction to leave work or not 

21 come in to work if the employee leaves work or does not 

22 come in to work when the employer instructs or advises 

23 the employee to do so because the employer believes that 

24 the employee— 

25 (1) has symptoms of a contagious illness; or 


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1 (2) has been in close contact with an individual 

2 who has symptoms of a contagious illness. 

3 (c) DURATION OF LEAVE.— 

4 (1) IN GENERAL.—An employee shall be pro5 vided paid sick leave (as calculated in accordance 

6 with paragraph (2)) by the employer of the employee 

7 for each workday (or portion thereof) the employee 

8 complies with the employer’s direction to leave work 

9 or not come in to work, up to a maximum of 5 days 

10 per 12-month period. 

11 (2) CALCULATION OF PAID SICK LEAVE.— 

12 (A) CALCULATION.—The amount of paid 

13 sick leave shall be calculated based on the em14 ployee’s regular rate of pay and the number of 

15 hours the employee would otherwise be normally 

16 scheduled to work. 

17 (B) GUIDELINES.—The Secretary of Labor 

18 shall issue guidelines to assist employers in cal19 culating the amount of paid sick leave under 

20 subparagraph (A). 

21 (3) REASONABLE NOTICE.—After the first 

22 workday (or portion thereof) an employee receives 

23 paid sick leave under this Act, an employer may re24 quire the employee to follow reasonable notice proceVerDate Nov 24 2008 05:01 Nov 04, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3991.IH H3991

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1 dures in order to continue receiving such paid sick 

2 leave. 

3 (4) EMPLOYER’S TERMINATION OF PAID SICK

4 LEAVE.—Paid sick leave provided to an employee 

5 under this Act shall cease beginning with the em6 ployee’s next scheduled workshift immediately fol7 lowing notification by the employer to the employee 

8 that the employer believes the employee no longer 

9 has symptoms of a contagious illness or poses a 

10 threat of contagion to other employees of the em11 ployer or to the public. 

12 SEC. 4. NOTICE. 

13 Each employer shall post and keep posted, in con14 spicuous places on the premises of the employer where no15 tices to employees are customarily posted, a notice, to be 

16 prepared or approved by the Secretary of Labor of the 

17 requirements described in this Act. 

18 SEC. 5. PROHIBITED ACTS. 

19 It shall be unlawful for any employer to discharge, 

20 discipline, or in any other manner discriminate against 

21 any employee who— 

22 (1) complies, in accordance with this Act, with 

23 an employer’s direction to leave work or not come in 

24 to work; or 


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1 (2) has filed any complaint or instituted or 

2 caused to be instituted any proceeding under or re3 lated to this Act (including a proceeding that seeks 

4 enforcement of this Act), or has testified or is about 

5 to testify in any such proceeding. 

6 SEC. 6. ENFORCEMENT. 

7 (a) UNPAID SICK LEAVE.—An employer who fails to 

8 pay sick leave in violation of this Act shall— 

9 (1) be considered to have failed to pay min10 imum wages in violation of section 6 of the Fair 

11 Labor Standards Act of 1938 (29 U.S.C. 206); and 

12 (2) be subject to the penalties described in sec13 tion 16 of such Act (29 U.S.C. 216) with respect to 

14 such violation. 

15 (b) UNLAWFUL TERMINATION.—An employer who 

16 willfully violates section 5(2) shall— 

17 (1) be considered to be in violation of section 

18 15(a)(3) of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 215(a)(3)); and 

20 (2) be subject to the penalty described in sec21 tion 16(a) of such Act (29 U.S.C. 216(a)) with re22 spect to such violation. 


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1 SEC. 7. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to in any way 

3 diminish the rights or benefits that an employee is entitled 

4 to under any— 

5 (1) other Federal, State, or local law; 

6 (2) collective bargaining agreement; or 

7 (3) existing employer policy. 

8 SEC. 8. EFFECTIVE DATE. 

9 This Act, and the requirements under this Act, shall 

10 be effective not later than 15 days after the date of enact11 ment of this Act. 

12 SEC. 9. SUNSET. 

13 This Act, and the requirements under this Act, shall 

14 expire 2 years after the effective date of this Act. 

15 SEC. 10. DEFINITIONS. 

16 For purposes of the Act: 

17 (1) CONTAGIOUS ILLNESS.—The term ‘‘con18 tagious illness’’ includes influenza-like-illnesses such 

19 as the novel H1N1 virus. 

20 (2) EMPLOY; EMPLOYEE.—The terms ‘‘employ’’ 

21 and ‘‘employee’’ have the same meanings given such 

22 terms in subsections (e) and (g) of section 3 of the 

23 Fair Labor Standards Act of 1938 (29 U.S.C. 203 

24 (e) and (g)). 

25 (3) EMPLOYER.—The term ‘‘employer’’ has the 

26 meaning given such term in section 3(d) of the Fair 


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1 Labor Standards Act of 1938 (29 U.S.C. 203(d)), 

2 except that the term does not include an employer 

3 who— 

4 (A) employs fewer than 15 employees; or 

5 (B) with respect to an employee being di6 rected to leave work or not come in to work, 

7 provides such employee with at least 5 days of 

8 paid sick leave per 12-month period that may 

9 be used at such employee’s discretion. 

Æ 


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