I 

109TH CONGRESS 

1ST SESSION H. R. 1902 

To provide for paid sick leave to ensure that Americans can address their 

own health needs and the health needs of their families. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Ms. DELAURO (for herself, Mr. RANGEL, Mr. GEORGE MILLER of California, 

Mr. OWENS, Ms. MCCOLLUM of Minnesota, Mr. BERMAN, Mr. PALLONE, 

Ms. JACKSON-LEE of Texas, Mr. NADLER, Mr. GENE GREEN of Texas, 

Mr. GUTIERREZ, Ms. SCHAKOWSKY, Ms. WASSERMAN SCHULTZ, Mr. 

FRANK of Massachusetts, Mr. WAXMAN, Ms. LEE, Mr. ENGEL, Mr. HINCHEY, Mr. KILDEE, Mr. LANTOS, Mrs. MALONEY, Mr. MCGOVERN, Ms. 

NORTON, Mr. MEEHAN, Mr. JEFFERSON, Mr. OBERSTAR, Mrs. MCCARTHY, Ms. MILLENDER-MCDONALD, Mr. JACKSON of Illinois, Mr. 

SERRANO, Mr. BRADY of Pennsylvania, Mr. LEWIS of Georgia, Mr. 

MCNULTY, Mr. TOWNS, Mr. GRIJALVA, Mr. ANDREWS, Mr. 

BLUMENAUER, Mr. CLAY, Mr. OLVER, Ms. WOOLSEY, Mr. DAVIS of Illinois, Ms. KILPATRICK of Michigan, Ms. ROYBAL-ALLARD, Mr. EVANS, 

and Mr. HOLT) introduced the following bill; which was referred to the 

Committee on Education and the Workforce, and in addition to the Committees on Government Reform and House Administration, 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 for paid sick leave to ensure that Americans 

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, 
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1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Working Americans need to take time off 

6 from their jobs for their own health care needs or 

7 to perform essential caretaking responsibilities for a 

8 wide range of family members, including, among 

9 others, their children, spouse, parents, and parents10 in-law, and other children and adults for whom they 

11 are caretakers. 

12 (2) Health care needs include preventive health 

13 care, diagnostic procedures, medical treatment, and 

14 recovery in response to short- and long-term ill15 nesses and injuries. 

16 (3) Providing employees time off to tend to 

17 their own health care needs ensures that they will be 

18 healthier in the long run. Preventive care helps avoid 

19 illnesses and injuries and routine medical care helps 

20 detect illnesses early and shorten the duration of ill21 nesses. 

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

23 children who become sick, children recover faster, 

24 more serious illnesses are prevented, and children’s 

25 overall mental and physical health are improved. 

26 Parents who cannot afford to miss work and must 
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1 send children with a contagious illness to child care 

2 or school contribute to the high rate of infections in 

3 child care centers and schools. 

4 (5) Providing paid sick leave improves public 

5 health by reducing infectious disease. Policies that 

6 make it easier for sick adults and children to be iso7 lated at home reduce the spread of infectious dis8 ease. 

9 (6) Routine medical care results in savings by 

10 decreasing medical costs by detecting and treating 

11 illness and injury early, decreasing the need for 

12 emergency care. These savings benefit public and 

13 private payers of health insurance, including private 

14 businesses. 

15 (7) The provision of individual and family sick 

16 leave by large and small businesses, both in the 

17 United States and elsewhere, demonstrates that pol18 icy solutions are both feasible and affordable in a 

19 competitive economy. Measures that ensure that em20 ployees are both in good health themselves and do 

21 not need to worry about unmet family health prob22 lems help businesses by promoting productivity and 

23 reducing employee turnover. 

24 (8) The American Productivity Audit found 

25 that presenteeism—the practice of employees coming 
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1 to work despite illness—costs $180,000,000,000 an2 nually in lost productivity. Studies in the Journal of 

3 Occupational and Environmental Medicine, the Em4 ployee Benefit News, and the Harvard Business Re5 view show that presenteeism is a larger productivity 

6 drain than either absenteeism or short-term dis7 ability. 

8 (9) The absence of sick leave has forced Ameri9 cans to make untenable choices between needed in10 come and jobs on the one hand and caring for their 

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

12 (10) The majority of middle-income Americans 

13 lack paid leave for self-care or to care for a family 

14 member. Low-income Americans are significantly 

15 worse off. Of the poorest families (the lowest quar16 tile), 76 percent lack regular sick leave. For families 

17 in the next 2 quartiles, 63 percent and 54 percent, 

18 respectively, lack regular sick leave. Even in the 

19 highest income quartile, 40 percent of families lack 

20 regular sick leave. Less than half of workers who 

21 have paid sick leave can use it to care for ill chil22 dren. 

23 (11) It is in the national interest to ensure that 

24 Americans from all demographic groups can care for 
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1 their own health and the health of their families 

2 while prospering at work. 

3 (12) Due to the nature of the roles of men and 

4 women in society, the primary responsibility for fam5 ily caretaking often falls on women, and such re6 sponsibility affects the working lives of women more 

7 than it affects the working lives of men. 

8 (13) Although women are still primarily respon9 sible for family caretaking, an increasing number of 

10 men are taking on caretaking obligations, and men 

11 who request leave time for caretaking purposes are 

12 often denied accommodation or penalized because of 

13 stereotypes that caretaking is only ‘‘women’s work’’. 

14 (14) Employers’ reliance on persistent stereo15 types about the ‘‘proper’’ roles of both men and 

16 women in the workplace and in the home— 

17 (A) creates a cycle of discrimination that 

18 forces women to continue to assume the role of 

19 primary family caregiver; and 

20 (B) fosters stereotypical views among em21 ployers about women’s commitment to work and 

22 their value as employees. 

23 (15) Employment standards that apply to only 

24 one gender have serious potential for encouraging 
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1 employers to discriminate against employees and ap2 plicants for employment who are of that gender. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to ensure that all working Americans can 

6 address their own health needs and the health needs 

7 of their families by requiring employers to provide a 

8 minimum level of paid sick leave including leave for 

9 family care; 

10 (2) to diminish public and private health care 

11 costs by enabling workers to seek early and routine 

12 medical care for themselves and their family mem13 bers; 

14 (3) to accomplish the purposes described in 

15 paragraphs (1) and (2) in a manner that is feasible 

16 for employers; and 

17 (4) consistent with the provision of the 14th 

18 amendment to the Constitution relating to equal 

19 protection of the laws, and pursuant to Congress’ 

20 power to enforce that provision under section 5 of 

21 that amendment— 

22 (A) to accomplish the purposes described 

23 in paragraphs (1) and (2) in a manner that 

24 minimizes the potential for employment dis25 crimination on the basis of sex by ensuring gen-
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1 erally that leave is available for eligible medical 

2 reasons on a gender-neutral basis; and 

3 (B) to promote the goal of equal employ4 ment opportunity for women and men. 

5 SEC. 4. DEFINITIONS. 

6 In this Act: 

7 (1) CHILD.—The term ‘‘child’’ means a biologi8 cal, foster, or adopted child, a stepchild, a legal 

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

10 parentis, who is— 

11 (A) under 18 years of age; or 

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

13 of self-care because of a mental or physical dis14 ability. 

15 (2) EMPLOYEE.—The term ‘‘employee’’ means 

16 an individual— 

17 (A) who is— 

18 (i)(I) an employee (including an appli19 cant), as defined in section 3(e) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 

21 203(e)), who is not covered under clause 

22 (v), including such an employee of the Li23 brary of Congress, except that a reference 

24 in such section to an employer shall be 

25 considered to be a reference to an employer 
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1 described in clauses (i)(I) and (ii) of para2 graph (3)(A); or 

3 (II) an employee (including an appli4 cant) of the Government Accountability 

5 Office; 

6 (ii) a State employee (including an ap7 plicant) described in section 304(a) of the 

8 Government Employee Rights Act of 1991 

9 (42 U.S.C. 2000e–16c(a)); 

10 (iii) a covered employee (including an 

11 applicant), as defined in section 101 of the 

12 Congressional Accountability Act of 1995 

13 (2 U.S.C. 1301); 

14 (iv) a covered employee (including an 

15 applicant), as defined in section 411(c) of 

16 title 3, United States Code; or 

17 (v) a Federal officer or employee (in18 cluding an applicant) covered under sub19 chapter V of chapter 63 of title 5, United 

20 States Code; and 

21 (B) who works an average of at least 20 

22 hours per week or, in the alternative, at least 

23 1,000 hours per year. 

24 (3) EMPLOYER.— 
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1 (A) IN GENERAL.—The term ‘‘employer’’ 

2 means a person who is— 

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

4 in subparagraph (B), who is not covered 

5 under subclause (V); 

6 (II) an entity employing a State em7 ployee described in section 304(a) of the 

8 Government Employee Rights Act of 1991 

9 (42 U.S.C. 2000e–16c(a)); 

10 (III) an employing office, as defined 

11 in section 101 of the Congressional Ac12 countability Act of 1995 (2 U.S.C. 1301); 

13 (IV) an employing office, as defined in 

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

15 Code; or 

16 (V) an employing agency covered 

17 under subchapter V of chapter 63 of title 

18 5, United States Code; and 

19 (ii) is engaged in commerce (including 

20 government), in the production of goods 

21 for commerce, or in an enterprise engaged 

22 in commerce (including government) or in 

23 the production of goods for commerce. 

24 (B) COVERED EMPLOYER.— 
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1 (i) IN GENERAL.—In subparagraph 

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

3 (I) means any person engaged in 

4 commerce or in any industry or activ5 ity affecting commerce who employs 

6 15 or more employees for each work7 ing day during each of 20 or more 

8 calendar workweeks in the current or 

9 preceding calendar year; 

10 (II) includes— 

11 (aa) any person who acts, 

12 directly or indirectly, in the inter13 est of an employer to any of the 

14 employees of such employer; and 

15 (bb) any successor in inter16 est of an employer; 

17 (III) includes any ‘‘public agen18 cy’’, as defined in section 3(x) of the 

19 Fair Labor Standards Act of 1938 

20 (29 U.S.C. 203(x)); and 

21 (IV) includes the Government 

22 Accountability Office and the Library 

23 of Congress. 

24 (ii) PUBLIC AGENCY.—For purposes 

25 of clause (i)(III), a public agency shall be 
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1 considered to be a person engaged in com2 merce or in an industry or activity affect3 ing commerce. 

4 (iii) DEFINITIONS.—For purposes of 

5 this subparagraph: 

6 (I) COMMERCE.—The terms 

7 ‘‘commerce’’ and ‘‘industry or activity 

8 affecting commerce’’ mean any activ9 ity, business, or industry in commerce 

10 or in which a labor dispute would 

11 hinder or obstruct commerce or the 

12 free flow of commerce, and include 

13 ‘‘commerce’’ and any ‘‘industry affect14 ing commerce’’, as defined in para15 graphs (1) and (3) of section 501 of 

16 the Labor Management Relations Act, 

17 1947 (29 U.S.C. 142 (1) and (3)). 

18 (II) EMPLOYEE.—The term ‘‘em19 ployee’’ has the same meaning given 

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

21 Labor Standards Act of 1938 (29 

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

23 (III) PERSON.—The term ‘‘per24 son’’ has the same meaning given 

25 such term in section 3(a) of the Fair 
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1 Labor Standards Act of 1938 (29 

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

3 (C) PREDECESSORS.—Any reference in 

4 this paragraph to an employer shall include a 

5 reference to any predecessor of such employer. 

6 (4) EMPLOYMENT BENEFITS.—The term ‘‘em7 ployment benefits’’ means all benefits provided or 

8 made available to employees by an employer, includ9 ing group life insurance, health insurance, disability 

10 insurance, sick leave, annual leave, educational bene11 fits, and pensions, regardless of whether such bene12 fits are provided by a practice or written policy of 

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

14 as defined in section 3(3) of the Employee Retire15 ment Income Security Act of 1974 (29 U.S.C. 

16 1002(3)). 

17 (5) HEALTH CARE PROVIDER.—The term 

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

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

20 who is authorized to practice medicine or sur21 gery (as appropriate) by the State in which the 

22 doctor practices; or 

23 (ii) is any other person determined by the 

24 Secretary to be capable of providing health care 

25 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 (6) PARENT.—The term ‘‘parent’’ means a bio5 logical, foster, or adoptive parent of an employee, a 

6 stepparent of an employee, or a legal guardian or 

7 other person who stood in loco parentis to an em8 ployee when the employee was a child. 

9 (7) PRO RATA.—The term ‘‘pro rata’’, with re10 spect to benefits offered to part-time employees, 

11 means the proportion of each of the benefits offered 

12 to full-time employees that are offered to part-time 

13 employees that, for each benefit, is equal to the ratio 

14 of part-time hours worked to full-time hours worked. 

15 (8) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Labor. 

17 (9) SICK LEAVE.—The term ‘‘sick leave’’ means 

18 an increment of compensated leave provided by an 

19 employer to an employee as a benefit of employment 

20 for use by the employee during an absence from em21 ployment for any of the reasons described in para22 graphs (1) through (3) of section 5(d). 

23 (10) SPOUSE.—The term ‘‘spouse’’, with re24 spect to an employee, has the meaning given such 
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1 term by the marriage laws of the State in which the 

2 employee resides. 

3 SEC. 5. PROVISION OF PAID SICK LEAVE. 

4 (a) IN GENERAL.—An employer shall provide for 

5 each employee employed by the employer not less than— 

6 (1) 7 days of sick leave with pay annually for 

7 employees working 30 or more hours per week; or 

8 (2) a pro rata number of days or hours of sick 

9 leave with pay annually for employees working less 

10 than— 

11 (A) 30 hours per week on a year-round 

12 basis; or 

13 (B) 1,500 hours throughout the year in14 volved. 

15 (b) ACCRUAL.— 

16 (1) PERIOD OF ACCRUAL.—Sick leave provided 

17 for under this section shall accrue as determined ap18 propriate by the employer, but not on less than a 

19 quarterly basis. 

20 (2) ACCUMULATION.—Accrued sick leave pro21 vided for under this section shall carry over from 

22 year to year, but this Act shall not be construed to 

23 require an employer to permit an employee to accu24 mulate more than 7 days of sick leave. 
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1 (3) USE.—The sick leave may be used as ac2 crued. The employer, at the discretion of the em3 ployer, may loan the sick leave to the employee in 

4 advance of accrual by such employee. 

5 (c) CALCULATION.— 

6 (1) LESS THAN A FULL WORKDAY.—Unless the 

7 employer and employee agree to designate otherwise, 

8 for periods of sick leave that are less than a normal 

9 workday, that leave shall be counted— 

10 (A) on an hourly basis; or 

11 (B) in the smallest increment that the em12 ployer’s payroll system uses to account for ab13 sences or use of leave. 

14 (2) VARIABLE SCHEDULE.—If the schedule of 

15 an employee varies from week to week, a weekly av16 erage of the hours worked over the 12-week period 

17 prior to the beginning of a sick leave period shall be 

18 used to calculate the employee’s normal workweek 

19 for the purpose of determining the amount of sick 

20 leave to which the employee is entitled. 

21 (d) USES.—Sick leave accrued under this section may 

22 be used by an employee for any of the following: 

23 (1) An absence resulting from a physical or 

24 mental illness, injury, or medical condition of the 

25 employee. 
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1 (2) Subject to the requirement of subsection 

2 (e), an absence resulting from obtaining professional 

3 medical diagnosis or care, or preventive medical 

4 care, for the employee. 

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

6 child, a parent, a spouse, or any other individual re7 lated by blood or affinity whose close association 

8 with the employee is the equivalent of a family rela9 tionship, who— 

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

11 diagnosis or care described in paragraph (1) or 

12 (2); and 

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

14 child, is otherwise in need of care. 

15 (e) SCHEDULING.—An employee shall make a reason16 able effort to schedule leave under paragraphs (2) and (3) 

17 of subsection (d) in a manner that does not unduly disrupt 

18 the operations of the employer. 

19 (f) PROCEDURES.— 

20 (1) IN GENERAL.—Paid sick leave shall be pro21 vided upon the oral or written request of an em22 ployee. Such request shall— 

23 (A) include a reason for the absence in24 volved and the expected duration of the leave; 
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1 (B) in a case in which the need for leave 

2 is foreseeable at least 7 days in advance of such 

3 leave, be provided at least 7 days in advance of 

4 such leave; and 

5 (C) otherwise, be provided as soon as prac6 ticable after the employee is aware of the need 

7 for such leave. 

8 (2) CERTIFICATION.— 

9 (A) PROVISION.— 

10 (i) IN GENERAL.—Subject to subpara11 graph (C), an employer may require that a 

12 request for leave be supported by a certifi13 cation issued by the health care profes14 sional of the eligible employee or of an in15 dividual described in subsection (d)(3), as 

16 appropriate, if the leave period covers more 

17 than 3 consecutive workdays. 

18 (ii) TIMELINESS.—The employee shall 

19 provide a copy of such certification to the 

20 employer in a timely manner, not later 

21 than 30 days after the first day of the 

22 leave. The employer shall not delay the 

23 commencement of the leave on the basis 

24 that the employer has not yet received the 

25 certification. 
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1 (B) SUFFICIENT CERTIFICATION.— 

2 (i) IN GENERAL.—A certification pro3 vided under subparagraph (A) shall be suf4 ficient if it states— 

5 (I) the date on which the leave 

6 will be needed; 

7 (II) the probable duration of the 

8 leave; 

9 (III) the appropriate medical 

10 facts within the knowledge of the 

11 health care provider regarding the 

12 condition involved, subject to clause 

13 (ii); and 

14 (IV)(aa) for purposes of leave 

15 under subsection (d)(1), a statement 

16 that leave from work is medically nec17 essary; 

18 (bb) for purposes of leave under 

19 subsection (d)(2), the dates on which 

20 testing for a medical diagnosis or care 

21 is expected to be given and the dura22 tion of such testing or care; and 

23 (cc) for purposes of leave under 

24 subsection (d)(3), in the case of leave 

25 to care for someone who is not a 
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1 child, a statement that care is needed 

2 for an individual described in such 

3 subsection, and an estimate of the 

4 amount of time that such care is 

5 needed for such individual. 

6 (ii) LIMITATION.—In issuing a certifi7 cation under subparagraph (A), a health 

8 care provider shall make reasonable efforts 

9 to limit the medical facts described in 

10 clause (i)(III) that are disclosed in the cer11 tification to the minimum necessary to es12 tablish a need for the employee to utilize 

13 paid sick leave. 

14 (C) REGULATIONS.—Regulations pre15 scribed under section 13 shall specify the man16 ner in which an employee who does not have 

17 health insurance shall provide a certification for 

18 purposes of this paragraph. 

19 (D) CONFIDENTIALITY AND NONDISCLO20 SURE.— 

21 (i) PROTECTED HEALTH INFORMA22 TION.—Nothing in this Act shall be con23 strued to require a health care provider to 

24 disclose information in violation of section 

25 1177 of the Social Security Act (42 U.S.C. 
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1 1320d–6) or the regulations promulgated 

2 pursuant to section 264(c) of the Health 

3 Insurance Portability and Accountability 

4 Act (42 U.S.C. 1320d–2 note). 

5 (ii) HEALTH INFORMATION

6 RECORDS.—If an employer possesses 

7 health information about an employee or 

8 an employee’s child, parent, spouse or 

9 other individual described in subsection 

10 (d)(3), such information shall— 

11 (I) be maintained on a separate 

12 form and in a separate file from other 

13 personnel information; 

14 (II) be treated as a confidential 

15 medical record; and 

16 (III) not be disclosed except to 

17 the affected employee or with the per18 mission of the affected employee. 

19 (g) CURRENT LEAVE POLICIES.— 

20 (1) EQUIVALENCY REQUIREMENT.—An em21 ployer with a leave policy providing paid leave op22 tions shall not be required to modify such policy, if 

23 such policy offers an employee the option, at the em24 ployee’s discretion, to take paid sick leave that is at 

25 least equivalent to the sick leave described in para-
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1 graphs (1) and (2) of subsection (a) and subsection 

2 (d), or if the policy offers paid leave (in amounts 

3 equivalent to the amounts described in such para4 graphs) for purposes that include the reasons de5 scribed in subsection (d). 

6 (2) NO ELIMINATION OR REDUCTION OF

7 LEAVE.—An employer may not eliminate or reduce 

8 leave in existence on the date of enactment of this 

9 Act, regardless of the type of such leave, in order to 

10 comply with the provisions of this Act. 

11 SEC. 6. POSTING REQUIREMENT. 

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

13 keep posted a notice, to be prepared or approved in ac14 cordance with procedures specified in regulations pre15 scribed under section 13, setting forth excerpts from, or 

16 summaries of, the pertinent provisions of this Act includ17 ing— 

18 (1) information describing leave available to 

19 employees under this Act; 

20 (2) information pertaining to the filing of an 

21 action under this Act; 

22 (3) the details of the notice requirement for 

23 foreseeable leave under section 5(f)(1)(B); and 

24 (4) information that describes— 
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1 (A) the protections that an employee has 

2 in exercising rights under this Act; and 

3 (B) how the employee can contact the Sec4 retary (or other appropriate authority as de5 scribed in section 8) if any of the rights are vio6 lated. 

7 (b) LOCATION.—The notice described under sub8 section (a) shall be posted— 

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

10 employer, where notices to employees (including ap11 plicants) are customarily posted; or 

12 (2) in employee handbooks. 

13 (c) VIOLATION; PENALTY.—Any employer who will14 fully violates the posting requirements of this section shall 

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

16 for each separate offense. 

17 SEC. 7. PROHIBITED ACTS. 

18 (a) INTERFERENCE WITH RIGHTS.— 

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

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

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

22 provided under this Act. 

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

24 any employer to discharge or in any other manner 

25 discriminate against (including retaliating against) 
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1 any individual for opposing any practice made un2 lawful by this Act, including— 

3 (A) discharging or discriminating against 

4 (including retaliating against) any individual for 

5 exercising, or attempting to exercise, any right 

6 provided under this Act; 

7 (B) using the taking of sick leave under 

8 this Act as a negative factor in an employment 

9 action, such as hiring, promotion, or a discipli10 nary action; or 

11 (C) counting the sick leave under a no12 fault attendance policy. 

13 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR14 IES.—It shall be unlawful for any person to discharge or 

15 in any other manner discriminate against (including retali16 ating against) any individual because such individual— 

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

18 caused to be instituted any proceeding, under or re19 lated to this Act; 

20 (2) has given, or is about to give, any informa21 tion in connection with any inquiry or proceeding re22 lating to any right provided under this Act; or 

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

24 inquiry or proceeding relating to any right provided 

25 under this Act. 
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1 (c) CONSTRUCTION.—Nothing in this section shall be 

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

3 prohibited by section 105 of the Family and Medical Leave 

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

5 the activities prohibited by this section. 

6 SEC. 8. ENFORCEMENT AUTHORITY. 

7 (a) IN GENERAL.— 

8 (1) DEFINITION.—In this subsection: 

9 (A) the term ‘‘employee’’ means an em10 ployee described in clause (i) or (ii) of section 

11 4(2)(A); and 

12 (B) the term ‘‘employer’’ means an em13 ployer described in subclause (I) or (II) of sec14 tion 4(3)(A)(i). 

15 (2) INVESTIGATIVE AUTHORITY.— 

16 (A) IN GENERAL.—To ensure compliance 

17 with the provisions of this Act, or any regula18 tion or order issued under this Act, the Sec19 retary shall have, subject to subparagraph (C), 

20 the investigative authority provided under sec21 tion 11(a) of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 211(a)), with respect to em23 ployees and employers. 

24 (B) OBLIGATION TO KEEP AND PRESERVE

25 RECORDS.—An employer shall make, keep, and 
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1 preserve records pertaining to compliance with 

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

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

4 211(c)) and in accordance with regulations pre5 scribed by the Secretary. 

6 (C) REQUIRED SUBMISSIONS GENERALLY

7 LIMITED TO AN ANNUAL BASIS.—The Secretary 

8 shall not require, under the authority of this 

9 paragraph, an employer to submit to the Sec10 retary any books or records more than once 

11 during any 12-month period, unless the Sec12 retary has reasonable cause to believe there 

13 may exist a violation of this Act or any regula14 tion or order issued pursuant to this Act, or is 

15 investigating a charge pursuant to paragraph 

16 (4). 

17 (D) SUBPOENA AUTHORITY.—For the pur18 poses of any investigation provided for in this 

19 paragraph, the Secretary shall have the sub20 poena authority provided for under section 9 of 

21 the Fair Labor Standards Act of 1938 (29 

22 U.S.C. 209). 

23 (3) CIVIL ACTION BY EMPLOYEES.— 

24 (A) RIGHT OF ACTION.—An action to re25 cover the damages or equitable relief prescribed 
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1 in subparagraph (B) may be maintained 

2 against any employer in any Federal or State 

3 court of competent jurisdiction by one or more 

4 employees or their representative for and on be5 half of— 

6 (i) the employees; or 

7 (ii) the employees and other employ8 ees similarly situated. 

9 (B) LIABILITY.—Any employer who vio10 lates section 7 (including a violation relating to 

11 rights provided under section 5) shall be liable 

12 to any employee affected— 

13 (i) for damages equal to— 

14 (I) the amount of— 

15 (aa) any wages, salary, em16 ployment benefits, or other com17 pensation denied or lost to such 

18 employee by reason of the viola19 tion; or 

20 (bb) in a case in which 

21 wages, salary, employment bene22 fits, or other compensation have 

23 not been denied or lost to the 

24 employee, any actual monetary 

25 losses sustained by the employee 
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1 as a direct result of the violation 

2 up to a sum equal to 7 days of 

3 wages or salary for the employee; 

4 (II) the interest on the amount 

5 described in subclause (I) calculated 

6 at the prevailing rate; and 

7 (III) an additional amount as liq8 uidated damages; and 

9 (ii) for such equitable relief as may be 

10 appropriate, including employment, rein11 statement, and promotion. 

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

13 action under this paragraph shall, in addition to 

14 any judgment awarded to the plaintiff, allow a 

15 reasonable attorney’s fee, reasonable expert wit16 ness fees, and other costs of the action to be 

17 paid by the defendant. 

18 (4) ACTION BY THE SECRETARY.— 

19 (A) ADMINISTRATIVE ACTION.—The Sec20 retary shall receive, investigate, and attempt to 

21 resolve complaints of violations of section 7 (in22 cluding a violation relating to rights provided 

23 under section 5) in the same manner that the 

24 Secretary receives, investigates, and attempts to 

25 resolve complaints of violations of sections 6 
28 

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1 and 7 of the Fair Labor Standards Act of 1938 

2 (29 U.S.C. 206 and 207). 

3 (B) CIVIL ACTION.—The Secretary may 

4 bring an action in any court of competent juris5 diction to recover the damages described in 

6 paragraph (3)(B)(i). 

7 (C) SUMS RECOVERED.—Any sums recov8 ered by the Secretary pursuant to subparagraph 

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

10 and shall be paid, on order of the Secretary, di11 rectly to each employee affected. Any such sums 

12 not paid to an employee because of inability to 

13 do so within a period of 3 years shall be depos14 ited into the Treasury of the United States as 

15 miscellaneous receipts. 

16 (5) LIMITATION.— 

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

18 subparagraph (B), an action may be brought 

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

20 2 years after the date of the last event consti21 tuting the alleged violation for which the action 

22 is brought. 

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

24 an action brought for a willful violation of sec25 tion 7 (including a willful violation relating to 
29 

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1 rights provided under section 5), such action 

2 may be brought within 3 years of the date of 

3 the last event constituting the alleged violation 

4 for which such action is brought. 

5 (C) COMMENCEMENT.—In determining 

6 when an action is commenced under paragraph 

7 (3), (4), or (6) for the purposes of this para8 graph, it shall be considered to be commenced 

9 on the date when the complaint is filed. 

10 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

11 The district courts of the United States shall have 

12 jurisdiction, for cause shown, in an action brought 

13 by the Secretary— 

14 (A) to restrain violations of section 7 (in15 cluding a violation relating to rights provided 

16 under section 5), including the restraint of any 

17 withholding of payment of wages, salary, em18 ployment benefits, or other compensation, plus 

19 interest, found by the court to be due to em20 ployees eligible under this Act; or 

21 (B) to award such other equitable relief as 

22 may be appropriate, including employment, re23 instatement, and promotion. 

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

25 Labor may appear for and represent the Secretary 
30 

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1 on any litigation brought under paragraph (4) or 

2 (6). 

3 (8) GOVERNMENT ACCOUNTABILITY OFFICE

4 AND LIBRARY OF CONGRESS.—Notwithstanding any 

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

6 Government Accountability Office and the Library of 

7 Congress, the authority of the Secretary of Labor 

8 under this subsection shall be exercised respectively 

9 by the Comptroller General of the United States and 

10 the Librarian of Congress. 

11 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC12 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

13 procedures provided in the Congressional Accountability 

14 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de15 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

17 Act (42 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

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

19 person, alleging an unlawful employment practice in viola20 tion of this Act against an employee described in section 

21 4(2)(A)(iii). 

22 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

23 3, UNITED STATES CODE.—The powers, remedies, and 

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

25 Code, to the President, the Merit Systems Protection 
31 

•HR 1902 IH 

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

2 412(a)(1) of that title, shall be the powers, remedies, and 

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

4 or any person, respectively, alleging an unlawful employ5 ment practice in violation of this Act against an employee 

6 described in section 4(2)(A)(iv). 

7 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

8 5, UNITED STATES CODE.—The powers, remedies, and 

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

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

11 the Merit Systems Protection Board, or provided in that 

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

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

14 this Act provides to that agency, that Board, or any per15 son, respectively, alleging an unlawful employment prac16 tice in violation of this Act against an employee described 

17 in section 4(2)(A)(v). 

18 SEC. 9. GAO STUDY. 

19 (a) IN GENERAL.—The Comptroller General of the 

20 United States shall conduct a study to determine the fol21 lowing: 

22 (1) The number of days employees used paid 

23 sick leave including— 

24 (A) the number of employees who used 

25 paid sick leave annually; 
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1 (B) both the number of consecutive days, 

2 and total days, employees used paid sick leave 

3 for their illnesses, or illnesses of— 

4 (i) a child; 

5 (ii) a spouse; 

6 (iii) a parent; or 

7 (iv) any other individual; and 

8 (C) the number of employees who used 

9 paid sick leave for leave periods covering more 

10 than 3 consecutive workdays. 

11 (2) Whether employees used paid sick leave to 

12 care for illnesses or conditions caused by domestic 

13 violence against the employees or their family mem14 bers. 

15 (3) The cost to employers of implementing paid 

16 sick leave policies. 

17 (4) The benefits to employers of implementing 

18 the policies, including improvements in retention and 

19 absentee rates and productivity. 

20 (5) The cost to employees of providing certifi21 cation issued by a health care provider to obtain 

22 paid sick leave. 

23 (6) The benefits of paid sick leave to employees 

24 and their family members. 
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1 (7) Whether the provision of paid sick leave has 

2 affected the ability of employees to care for their 

3 family members. 

4 (8) Whether and in what way the provision of 

5 paid sick leave affected the ability of employees to 

6 provide for their health needs. 

7 (9) Whether the provision of paid sick leave af8 fected the ability of employees to sustain an ade9 quate income while meeting health needs of the em10 ployees and their family members. 

11 (10) Whether employers who administered paid 

12 sick leave policies prior to the date of enactment of 

13 this Act were affected by the provisions of this Act. 

14 (11) Whether other types of leave were affected 

15 by this Act including whether this Act affected— 

16 (A) paid vacation leave; 

17 (B) paid family or medical leave; or 

18 (C) personal leave. 

19 (12) Whether paid sick leave affected retention 

20 and turnover. 

21 (13) Whether paid sick leave increased the use 

22 of less costly preventive medical care and lowered 

23 the use of emergency room care. 
34 

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1 (14) Whether paid sick leave reduced the num2 ber of children sent to school when the children were 

3 sick. 

4 (15) Whether paid sick leave reduced the costs 

5 of presenteeism for employers. 

6 (b) AGGREGATING DATA.—The data collected under 

7 paragraphs (1), (2), and (7) of subsection (a) shall be ag8 gregated by gender, race, disability, earnings level, age, 

9 marital status, and family type, including parental status. 

10 (c) REPORTS.— 

11 (1) IN GENERAL.—Not later than 18 months 

12 after the date of enactment of this Act, the Comp13 troller General of the United States shall prepare 

14 and submit a report to the appropriate committees 

15 of Congress concerning the results of the study con16 ducted pursuant to subsection (a) and the data ag17 gregated under subsection (b). 

18 (2) FOLLOWUP REPORT.—Not later that 5 

19 years after the date of enactment of this Act the 

20 Comptroller General of the United States shall pre21 pare and submit a followup report to the appropriate 

22 committees of Congress concerning the results of the 

23 study conducted pursuant to subsection (a) and the 

24 data aggregated under subsection (b). 
35 

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1 SEC. 10. 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, or disability. 

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

8 shall be construed to supersede any provision of any State 

9 or local law that provides greater paid sick leave or other 

10 leave rights than the rights established under this Act. 

11 SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

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

13 be construed to diminish the obligation of an employer to 

14 comply with any contract, collective bargaining agreement, 

15 or any employment benefit program or plan that provides 

16 greater paid sick leave rights to employees than the rights 

17 established under this Act. 

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

19 employees under this Act shall not be diminished by any 

20 contract, collective bargaining agreement, or any employ21 ment benefit program or plan. 

22 SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

23 POLICIES. 

24 Nothing in this Act shall be construed to discourage 

25 employers from adopting or retaining leave policies more 
36 

•HR 1902 IH 

1 generous than policies that comply with the requirements 

2 of this Act. 

3 SEC. 13. REGULATIONS. 

4 (a) IN GENERAL.— 

5 (1) AUTHORITY.—Except as provided in para6 graph (2), not later than 120 days after the date of 

7 enactment of this Act, the Secretary shall prescribe 

8 such regulations as are necessary to carry out this 

9 Act with respect to employees described in clause (i) 

10 or (ii) of section 4(2)(A). 

11 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI12 BRARY OF CONGRESS.—The Comptroller General of 

13 the United States and the Librarian of Congress 

14 shall prescribe the regulations with respect to em15 ployees of the Government Accountability Office and 

16 the Library of Congress, respectively. 

17 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC18 COUNTABILITY ACT OF 1995.— 

19 (1) AUTHORITY.—Not later than 120 days 

20 after the date of enactment of this Act, the Board 

21 of Directors of the Office of Compliance shall pre22 scribe (in accordance with section 304 of the Con23 gressional Accountability Act of 1995 (2 U.S.C. 

24 1384)) such regulations as are necessary to carry 
37 

•HR 1902 IH 

1 out this Act with respect to employees described in 

2 section 4(2)(A)(iii). 

3 (2) AGENCY REGULATIONS.—The regulations 

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

5 substantive regulations promulgated by the Sec6 retary to carry out this Act except insofar as the 

7 Board may determine, for good cause shown and 

8 stated together with the regulations prescribed 

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

10 regulations would be more effective for the imple11 mentation of the rights and protections involved 

12 under this section. 

13 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

14 3, UNITED STATES CODE.— 

15 (1) AUTHORITY.—Not later than 120 days 

16 after the date of enactment of this Act, the Presi17 dent (or the designee of the President) shall pre18 scribe such regulations as are necessary to carry out 

19 this Act with respect to employees described in sec20 tion 4(2)(A)(iv). 

21 (2) AGENCY REGULATIONS.—The regulations 

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

23 substantive regulations promulgated by the Sec24 retary to carry out this Act except insofar as the 

25 President (or designee) may determine, for good 
38 

•HR 1902 IH 

1 cause shown and stated together with the regula2 tions prescribed under paragraph (1), that a modi3 fication of such regulations would be more effective 

4 for the implementation of the rights and protections 

5 involved under this section. 

6 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

7 5, UNITED STATES CODE.— 

8 (1) AUTHORITY.—Not later than 120 days 

9 after the date of enactment of this Act, the Director 

10 of the Office of Personnel Management shall pre11 scribe such regulations as are necessary to carry out 

12 this Act with respect to employees described in sec13 tion 4(2)(A)(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. 
39 

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1 SEC. 14. EFFECTIVE DATES. 

2 (a) IN GENERAL.—This Act shall take effect 1 year 

3 after the date of issuance of regulations under section 

4 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