I 

113TH CONGRESS 

2D SESSION H. R. 5849 

To provide employees with 1 hour of paid sick leave for every 30 hours 

worked. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2014 

Mr. GRAYSON introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and 

the Judiciary, 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 provide employees with 1 hour of paid sick leave for 

every 30 hours worked. 

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 ‘‘Paid Sick Leave Act’’. 

5 SEC. 2. REQUIREMENT FOR PAID SICK LEAVE. 

6 (a) IN GENERAL.—An employer shall permit each 

7 employee employed by the employer to earn not less than 


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1 1 hour of paid sick leave for every 30 hours worked, to 

2 be used as described in subsection (b). 

3 (b) USES.—Paid sick leave earned under this section 

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

5 (1) An absence resulting from a physical or 

6 mental illness, injury, or medical condition of the 

7 employee. 

8 (2) An absence resulting from obtaining profes9 sional medical diagnosis or care, or preventive med10 ical care, for the employee. 

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

12 child, a parent, a spouse, or any other individual re13 lated by blood or affinity whose close association 

14 with the employee is the equivalent of a family rela15 tionship, who— 

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

17 diagnosis or care described in paragraph (1) or 

18 (2); and 

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

20 child, is otherwise in need of care. 

21 (4) An absence resulting from domestic vio22 lence, sexual assault, or stalking, if the time is to— 

23 (A) seek medical attention for the em24 ployee or the employee’s child, parent, or 

25 spouse, or an individual related to the employee 


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1 as described in paragraph (3), to recover from 

2 physical or psychological injury or disability 

3 caused by domestic violence, sexual assault, or 

4 stalking; 

5 (B) obtain or assist a related person de6 scribed in paragraph (3) in obtaining services 

7 from a victim services organization; 

8 (C) obtain or assist a related person de9 scribed in paragraph (3) in obtaining psycho10 logical or other counseling; 

11 (D) seek relocation; or 

12 (E) take legal action, including preparing 

13 for or participating in any civil or criminal legal 

14 proceeding related to or resulting from domestic 

15 violence, sexual assault, or stalking. 

16 (c) DEFINITIONS.—In this Act: 

17 (1) CHILD.—The term ‘‘child’’ means a biologi18 cal, foster, or adopted child, a stepchild, a legal 

19 ward, or a child of a person standing in loco 

20 parentis, who is— 

21 (A) under 18 years of age; or 

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

23 of self-care because of a mental or physical dis24 ability. 


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1 (2) 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. 

9 (3) EMPLOYEE.—The term ‘‘employee’’ means 

10 an individual who is— 

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

12 3(e) of the Fair Labor Standards Act of 1938 

13 (29 U.S.C. 203(e)), who is not covered under 

14 subparagraph (E), including such an employee 

15 of the Library of Congress, except that a ref16 erence in such section to an employer shall be 

17 considered to be a reference to an employer de18 scribed in clauses (i)(I) and (ii) of paragraph 

19 (4)(A); or 

20 (ii) an employee of the Government Ac21 countability Office; 

22 (B) a State employee described in section 

23 304(a) of the Government Employee Rights Act of 

24 1991 (42 U.S.C. 2000e–16c(a)); 


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1 (C) a covered employee, as defined in section 

2 101 of the Congressional Accountability Act of 1995 

3 (2 U.S.C. 1301), other than an applicant for em4 ployment; 

5 (D) a covered employee, as defined in section 

6 411(c) of title 3, United States Code; or 

7 (E) a Federal officer or employee covered under 

8 subchapter V of chapter 63 of title 5, United States 

9 Code. 

10 (4) EMPLOYER.— 

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

12 means a person who is— 

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

14 in subparagraph (B), who is not covered 

15 under subclause (V); 

16 (II) an entity employing a State em17 ployee described in section 304(a) of the 

18 Government Employee Rights Act of 1991; 

19 (III) an employing office, as defined 

20 in section 101 of the Congressional Ac21 countability Act of 1995; 

22 (IV) an employing office, as defined in 

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

24 Code; or 


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1 (V) an employing agency covered 

2 under subchapter V of chapter 63 of title 

3 5, United States Code; and 

4 (ii) is engaged in commerce (including 

5 government), or an industry or activity af6 fecting commerce (including government), 

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

8 (B) COVERED EMPLOYER.— 

9 (i) IN GENERAL.—In subparagraph 

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

11 (I) means any person engaged in 

12 commerce or in any industry or activ13 ity affecting commerce who employs 

14 15 or more employees for each work15 ing day during each of 20 or more 

16 calendar workweeks in the current or 

17 preceding calendar year; 

18 (II) includes— 

19 (aa) any person who acts, 

20 directly or indirectly, in the inter21 est of an employer to any of the 

22 employees of such employer; and 

23 (bb) any successor in inter24 est of an employer; 


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1 (III) includes any ‘‘public agen2 cy’’, as defined in section 3(x) of the 

3 Fair Labor Standards Act of 1938 

4 (29 U.S.C. 203(x)); and 

5 (IV) includes the Government 

6 Accountability Office and the Library 

7 of Congress. 

8 (ii) PUBLIC AGENCY.—For purposes 

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

10 considered to be a person engaged in com11 merce or in an industry or activity affect12 ing commerce. 

13 (iii) DEFINITIONS.—For purposes of 

14 this subparagraph: 

15 (I) COMMERCE.—The terms 

16 ‘‘commerce’’ and ‘‘industry or activity 

17 affecting commerce’’ mean any activ18 ity, business, or industry in commerce 

19 or in which a labor dispute would 

20 hinder or obstruct commerce or the 

21 free flow of commerce, and include 

22 ‘‘commerce’’ and any ‘‘industry affect23 ing commerce’’, as defined in para24 graphs (1) and (3) of section 501 of 


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1 the Labor Management Relations Act, 

2 1947 (29 U.S.C. 142 (1) and (3)). 

3 (II) EMPLOYEE.—The term ‘‘em4 ployee’’ has the same meaning given 

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

6 Labor Standards Act of 1938 (29 

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

8 (III) PERSON.—The term ‘‘per9 son’’ has the same meaning given 

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

11 Labor Standards Act of 1938 (29 

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

13 (C) PREDECESSORS.—Any reference in 

14 this paragraph to an employer shall include a 

15 reference to any predecessor of such employer. 

16 (5) PARENT.—The term ‘‘parent’’ means a bio17 logical, foster, or adoptive parent of an employee, a 

18 stepparent of an employee, or a legal guardian or 

19 other person who stood in loco parentis to an em20 ployee when the employee was a child. 

21 (6) SEXUAL ASSAULT.—The term ‘‘sexual as22 sault’’ has the meaning given the term in section 

23 40002(a) of the Violence Against Women Act of 

24 1994 (42 U.S.C. 13925(a)). 


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1 (7) SPOUSE.—The term ‘‘spouse’’, with respect 

2 to an employee, has the meaning given such term by 

3 the marriage laws of the State in which the em4 ployee resides. 

5 (8) STALKING.—The term ‘‘stalking’’ has the 

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

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

8 13925(a)). 

Æ 


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