I 

116TH CONGRESS 

2D SESSION H. R. 8944 

To amend the Family and Medical Leave Act of 1993 and the Emergency 

Paid Sick Leave Act to include leave for employees who are unable 

to work due to minor children in optional virtual or hybrid learning, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2020 

Ms. MENG introduced the following bill; which was referred to the Committee 

on Education and Labor, and in addition to the Committees on House 

Administration, Oversight and Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Family and Medical Leave Act of 1993 and 

the Emergency Paid Sick Leave Act to include leave 

for employees who are unable to work due to minor 

children in optional virtual or hybrid learning, and for 

other purposes. 

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


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•HR 8944 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Access To Health3 based Options and More Ease with Learning Act’’ or the 

4 ‘‘AT HOME Learning Act’’. 

5 SEC. 2. FAMILY AND MEDICAL LEAVE ACT OF 1993. 

6 (a) EMERGENCY LEAVE EXTENSION.—Section 

7 102(a)(1)(F) of the Family and Medical Leave Act of 

8 1993 (29 U.S.C. 2612(a)(1)(F)) is amended by striking 

9 ‘‘December 31, 2020’’ and inserting ‘‘June 25, 2021’’. 

10 (b) QUALIFYING NEED RELATED TO A PUBLIC

11 HEALTH EMERGENCY.—Section 110(a)(2)(A) of the 

12 Family and Medical Leave Act of 1993 (29 U.S.C. 

13 2620(a)(2)(A)) is amended to read as follows: 

14 ‘‘(A) QUALIFYING NEED RELATED TO A

15 PUBLIC HEALTH EMERGENCY.—The term 

16 ‘qualifying need related to a public health emer17 gency’, with respect to leave, means the em18 ployee is unable to work (or telework) due to a 

19 need for leave to care for the son or daughter 

20 of such employee if, due to COVID–19— 

21 ‘‘(i) the child care provider of such 

22 son or daughter is unavailable; 

23 ‘‘(ii) the school or place of care of 

24 such son or daughter is closed; or 

25 ‘‘(iii) the school of such son or daugh26 ter— 


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1 ‘‘(I) requires or makes optional a 

2 virtual learning instruction model; or 

3 ‘‘(II) requires or makes optional 

4 a hybrid of in-person and virtual 

5 learning instruction models.’’. 

6 SEC. 3. EMERGENCY PAID SICK LEAVE ACT. 

7 (a) PAID SICK TIME REQUIREMENT.—Section 

8 5102(a)(5) of the Emergency Paid Sick Leave Act (29 

9 U.S.C. 2601 note) is amended to read as follows: 

10 ‘‘(5) The employee is caring for a son or daugh11 ter of such employee if, due to COVID–19— 

12 ‘‘(A) the child care provider of such son or 

13 daughter is unavailable; 

14 ‘‘(B) the school or place of care of such 

15 son or daughter is closed; or 

16 ‘‘(C) the school of such son or daughter— 

17 ‘‘(i) requires or makes optional a vir18 tual learning instruction model; or 

19 ‘‘(ii) requires or makes optional a hy20 brid of in-person and virtual learning in21 struction models.’’. 

22 (b) ALLOWING EMPLOYEES TO ACCESS THE BAL23 ANCE OF THEIR EMERGENCY PAID SICK LEAVE ENTI24 TLEMENT.—Section 5102 of the Emergency Paid Sick 


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•HR 8944 IH

1 Leave Act (29 U.S.C. 2601 note) is amended by striking 

2 subsection (b)(3). 

3 (c) EMERGENCY PAID SICK LEAVE EXTENSION.— 

4 Section 5109 of the Emergency Paid Sick Leave Act (29 

5 U.S.C. 2601 note) is amended by striking ‘‘December 31, 

6 2020’’ and inserting ‘‘June 25, 2021’’. 

7 SEC. 4. TAX CREDITS FOR PAID SICK AND PAID FAMILY 

8 AND MEDICAL LEAVE. 

9 (a) PAID SICK LEAVE.—Section 7001(g) of the Fam10 ilies First Coronavirus Response Act (26 U.S.C. 3111 

11 note) is amended by striking ‘‘December 31, 2020’’ and 

12 inserting ‘‘June 25, 2021’’. 

13 (b) PAID FAMILY LEAVE.—Section 7003(g) of the 

14 Families First Coronavirus Response Act (26 U.S.C. 3111 

15 note) is amended by striking ‘‘December 31, 2020’’ and 

16 inserting ‘‘June 25, 2021’’. 

Æ 


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