I 

113TH CONGRESS 

1ST SESSION H. R. 1286 

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 20, 2013 

Ms. DELAURO (for herself, Ms. PELOSI, Mr. SCHIFF, Mr. GENE GREEN of 

Texas, Mr. NADLER, Ms. LEE of California, Ms. MOORE, Mr. MARKEY, 

Mr. RUSH, Ms. NORTON, Ms. SLAUGHTER, Mr. SARBANES, Ms. 

EDWARDS, Mr. CAPUANO, Mr. CA ́RDENAS, Ms. SCHAKOWSKY, Mr. PALLONE, Mr. MORAN, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. CAROLYN B. MALONEY of New York, Ms. BONAMICI, Mr. RYAN of Ohio, Mr. 

GRIJALVA, Mr. MCDERMOTT, Ms. WASSERMAN SCHULTZ, Mr. SERRANO, 

Mr. WAXMAN, Mr. RANGEL, Ms. SCHWARTZ, Mr. CONYERS, Mr. CARSON

of Indiana, Mr. HONDA, Mrs. KIRKPATRICK, Ms. CHU, Mr. TONKO, Ms. 

BROWN of Florida, Mr. AL GREEN of Texas, Mr. GUTIERREZ, Ms. 

MENG, Ms. TSONGAS, Mr. BEN RAY LUJA ́N of New Mexico, Mr. LANGEVIN, Mr. CLAY, Mr. LEWIS, Mr. PAYNE, Mr. LARSON of Connecticut, 

Mr. LYNCH, Mr. JOHNSON of Georgia, Mr. ELLISON, Mr. GEORGE MILLER of California, Mr. POLIS, Mr. DEUTCH, Mrs. NAPOLITANO, Mr. 

SHERMAN, Mr. VAN HOLLEN, Ms. ESTY, Ms. MCCOLLUM, Mr. CLEAVER, 

Mr. MCGOVERN, Ms. LINDA T. SA ́NCHEZ of California, Mr. HIMES, Mrs. 

CAPPS, Mr. PETERS of Michigan, Mr. POCAN, Ms. CASTOR of Florida, 

Ms. HAHN, Mr. PRICE of North Carolina, Ms. KAPTUR, Ms. WILSON of 

Florida, Mr. BRADY of Pennsylvania, Mr. COHEN, Ms. SHEA-PORTER, 

Ms. CLARKE, Mr. DELANEY, Mr. VEASEY, Mr. SWALWELL of California, 

Mr. LARSEN of Washington, Mr. HOLT, Mr. YARMUTH, Mr. DANNY K. 

DAVIS of Illinois, Mr. COURTNEY, Mr. KEATING, Mr. JEFFRIES, Ms. 

SPEIER, Mr. BLUMENAUER, Mr. HASTINGS of Florida, Ms. ROYBALALLARD, Mr. HUFFMAN, Ms. PINGREE of Maine, Ms. ESHOO, Ms. LOFGREN, Mr. TAKANO, Ms. FUDGE, Ms. MATSUI, and Ms. TITUS) 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, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 


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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 Americans need time to meet their 

8 own health care needs and to care for family mem9 bers, including their children, spouse, domestic part10 ner, parents (including parents-in-law), and other 

11 children and adults for whom they are caregivers. 

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 meet health 

17 care needs ensures that they will be healthier in the 

18 long run. Preventive care helps avoid illnesses and 

19 injuries and routine medical care helps detect ill20 nesses early and shorten their duration. A 2012 

21 study published by BioMed Central Public Health of 


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1 results of the National Health Interview Survey 

2 found that lack of paid sick leave is a barrier to re3 ceiving cancer screenings and preventive care. Work4 ers with paid sick leave were more likely to have a 

5 mammogram, Pap test, or endoscopy, and were 

6 more likely to have visited a doctor in the previous 

7 year, than workers without paid sick leave, even 

8 when the results were adjusted for sociodemographic 

9 factors. 

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

11 children who become sick, children recover faster, 

12 more serious illnesses are prevented, and children’s 

13 overall mental and physical health improve. In a 

14 2009 study published in the American Journal of 

15 Public Health, 81 percent of parents of a child with 

16 special health care needs reported that taking leave 

17 from work to be with their child had a ‘‘good’’ or 

18 ‘‘very good’’ effect on their child’s physical health. 

19 Similarly, 85 percent of parents of such a child 

20 found that taking such leave had a ‘‘good’’ or ‘‘very 

21 good’’ effect on their child’s emotional health. 

22 (5) When parents cannot afford to miss work 

23 and must send children with contagious illnesses to 

24 child care centers or schools, infection can spread 

25 rapidly through child care centers and schools. 


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1 (6) Providing paid sick time improves public 

2 health by reducing infectious disease. Policies that 

3 make it easier for sick adults and children to be iso4 lated at home reduce the spread of infectious dis5 ease. A 2012 study published in the American Jour6 nal of Public Health found that a lack of workplace 

7 policies like paid sick days contributed to an addi8 tional 5,000,000 cases of influenza-like illness dur9 ing the H1N1 pandemic of 2009. 

10 (7) Routine medical care reduces medical costs 

11 by detecting and treating illness and injury early, 

12 decreasing the need for emergency care. These sav13 ings benefit public and private payers of health in14 surance, including private businesses. A 2011 study 

15 by the Institute for Women’s Policy Research found 

16 that a universal paid sick days policy would reduce 

17 preventable visits to the emergency room and result 

18 in cost savings of $1,100,000,000 per year, includ19 ing $500,000,000 in savings for public health insur20 ance like Medicaid. 

21 (8) The provision of individual and family sick 

22 time by large and small businesses, both here in the 

23 United States and elsewhere, demonstrates that pol24 icy solutions are both feasible and affordable in a 

25 competitive economy. A 2009 study by the Center 


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1 for Economic and Policy Research found that, of 22 

2 countries with comparable economies, the United 

3 States was 1 of only 3 countries that did not provide 

4 any paid time off for workers with short-term ill5 nesses. 

6 (9) Measures that ensure that employees are in 

7 good health and do not need to worry about unmet 

8 family health problems help businesses by promoting 

9 productivity and reducing employee turnover. 

10 (10) The American Productivity Audit com11 pleted in 2003 found that lost productivity due to ill12 ness costs $226,000,000,000 annually, and that 71 

13 percent of that cost stems from presenteeism, the 

14 practice of employees coming to work despite illness. 

15 Studies in the Journal of Occupational and Environ16 mental Medicine, the Employee Benefit News, and 

17 the Harvard Business Review show that 

18 presenteeism is a larger productivity drain than ei19 ther absenteeism or short-term disability. 

20 (11) Working while sick also increases a work21 er’s probability of suffering an injury on the job. A 

22 2012 study published by the American Journal of 

23 Public Health found that workers with access to 

24 paid sick leave were 28 percent less likely than 


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1 workers without paid sick leave to suffer nonfatal 

2 occupational injuries. 

3 (12) The absence of paid sick time has forced 

4 Americans to make untenable choices between need5 ed income and jobs on the one hand and caring for 

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

7 (13) Nearly 40 percent of the private sector 

8 workforce, and 25 percent of the public sector work9 force, lacks paid sick time. Another 4,000,000 theo10 retically have access to sick time, but have not been 

11 on the job long enough to use it. Millions more lack 

12 sick time they can use to care for a sick child or ill 

13 family member. 

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

15 dramatically by wage level. 

16 (B) For private sector workers— 

17 (i) for workers in the lowest quartile of 

18 earners, 71 percent lack paid sick time; 

19 (ii) for workers in the next 2 quartiles, 36 

20 and 25 percent, respectively, lack paid sick 

21 time; and 

22 (iii) even for workers in the highest quar23 tile, 16 percent lack paid sick time. 

24 (C) For public sector workers— 


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1 (i) for workers in the lowest quartile of 

2 earners, 25 percent lack paid sick time; 

3 (ii) for workers in the next 2 quartiles, 7 

4 percent lack paid sick time; and 

5 (iii) for workers in the highest quartile, 2 

6 percent lack paid sick time. 

7 (D) In addition, millions of workers cannot use 

8 paid sick time to care for ill family members. 

9 (15) Due to the roles of men and women in so10 ciety, the primary responsibility for family caregiving 

11 often falls on women, and such responsibility affects 

12 the working lives of women more than it affects the 

13 working lives of men. 

14 (16) An increasing number of men are also tak15 ing on caregiving obligations, and men who request 

16 paid time for caregiving purposes are often denied 

17 accommodation or penalized because of stereotypes 

18 that caregiving is only ‘‘women’s work’’. 

19 (17) Employers’ reliance on persistent stereo20 types about the ‘‘proper’’ roles of both men and 

21 women in the workplace and in the home continues 

22 a cycle of discrimination and fosters stereotypical 

23 views about women’s commitment to work and their 

24 value as employees. 


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1 (18) Employment standards that apply to only 

2 one gender have serious potential for encouraging 

3 employers to discriminate against employees and ap4 plicants for employment who are of that gender. 

5 (19) It is in the national interest to ensure that 

6 all Americans can care for their own health and the 

7 health of their families while prospering at work. 

8 (20) Nearly 1 in 3 American women report 

9 physical or sexual abuse by a husband or boyfriend 

10 at some point in their lives. Domestic violence also 

11 affects men. Women account for about 85 percent of 

12 the victims of domestic violence and men account for 

13 approximately 15 percent of the victims. Therefore, 

14 women disproportionately need time off to care for 

15 their health or to find solutions, such as obtaining 

16 a restraining order or finding housing, to avoid or 

17 prevent physical or sexual abuse. 

18 (21) One study showed that 85 percent of do19 mestic violence victims at a women’s shelter who 

20 were employed missed work because of abuse. The 

21 mean number of days of paid work lost by a rape 

22 victim is 8.1 days, by a victim of physical assault is 

23 7.2 days, and by a victim of stalking is 10.1 days. 

24 Nationwide, domestic violence victims lose almost 

25 8,000,000 days of paid work per year. 


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1 (22) Without paid sick days that can be used 

2 to address the effects of domestic violence, these vic3 tims are in grave danger of losing their jobs. One 

4 survey found that 96 percent of employed domestic 

5 violence victims experienced problems at work re6 lated to the violence. The Government Accountability 

7 Office similarly found that 24 to 52 percent of vic8 tims report losing a job due, at least in part, to do9 mestic violence. The loss of employment can be par10 ticularly devastating for victims of domestic violence, 

11 who often need economic security to ensure safety. 

12 (23) The Centers for Disease Control and Pre13 vention has estimated that domestic violence costs 

14 over $700,000,000 annually due to the victims’ lost 

15 productivity in employment. 

16 (24) Efforts to assist abused employees result 

17 in positive outcomes for employers as well as em18 ployees because employers can retain workers who 

19 might otherwise be compelled to leave. 

20 SEC. 3. PURPOSES. 

21 The purposes of this Act are— 

22 (1) to ensure that all working Americans can 

23 address their own health needs and the health needs 

24 of their families by requiring employers to permit 


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1 employees to earn up to 56 hours of paid sick time 

2 including paid time for family care; 

3 (2) to diminish public and private health care 

4 costs by enabling workers to seek early and routine 

5 medical care for themselves and their family mem6 bers; 

7 (3) to assist employees who are, or whose fam8 ily members are, victims of domestic violence, sexual 

9 assault, or stalking, by providing the employees with 

10 paid time away from work to allow the victims to re11 ceive treatment and to take the necessary steps to 

12 ensure their protection; 

13 (4) to address the historical and persistent 

14 widespread pattern of employment discrimination on 

15 the basis of gender by both private and public sector 

16 employers; 

17 (5) to accomplish the purposes described in 

18 paragraphs (1) through (4) in a manner that is fea19 sible for employers; and 

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

21 Amendment to the Constitution relating to equal 

22 protection of the laws, and pursuant to Congress’ 

23 power to enforce that provision under section 5 of 

24 that Amendment— 


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1 (A) to accomplish the purposes described 

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

3 minimizes the potential for employment dis4 crimination on the basis of sex by ensuring gen5 erally that paid sick time is available for eligible 

6 medical reasons on a gender-neutral basis; and 

7 (B) to promote the goal of equal employ8 ment opportunity for women and men. 

9 SEC. 4. DEFINITIONS. 

10 In this Act: 

11 (1) CHILD.—The term ‘‘child’’ means a biologi12 cal, foster, or adopted child, a stepchild, a child of 

13 a domestic partner, a legal ward, or a child of a per14 son standing in loco parentis, who is— 

15 (A) under 18 years of age; or 

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

17 of self-care because of a mental or physical dis18 ability. 

19 (2) DOMESTIC PARTNER.—The term ‘‘domestic 

20 partner’’ means the person recognized as being in a 

21 relationship with an employee under any domestic 

22 partnership, civil union, or similar law of the State 

23 or political subdivision of a State in which the em24 ployee resides. 


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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. 

9 (4) 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 (5)(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 

24 of 1991 (42 U.S.C. 2000e–16c(a)); 


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1 (C) a covered employee, as defined in sec2 tion 101 of the Congressional Accountability 

3 Act of 1995 (2 U.S.C. 1301), other than an ap4 plicant for employment; 

5 (D) a covered employee, as defined in sec6 tion 411(c) of title 3, United States Code; or 

7 (E) a Federal officer or employee covered 

8 under subchapter V of chapter 63 of title 5, 

9 United States Code. 

10 (5) 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 (6) EMPLOYMENT BENEFITS.—The term ‘‘em17 ployment benefits’’ means all benefits provided or 

18 made available to employees by an employer, includ19 ing group life insurance, health insurance, disability 

20 insurance, sick leave, annual leave, educational bene21 fits, and pensions, regardless of whether such bene22 fits are provided by a practice or written policy of 

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

24 as defined in section 3(3) of the Employee RetireVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 ment Income Security Act of 1974 (29 U.S.C. 

2 1002(3)). 

3 (7) HEALTH CARE PROVIDER.—The term 

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

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

6 who is authorized to practice medicine or sur7 gery (as appropriate) by the State in which the 

8 doctor practices; or 

9 (ii) is any other person determined by the 

10 Secretary to be capable of providing health care 

11 services; and 

12 (B) is not employed by an employer for 

13 whom the provider issues certification under 

14 this Act. 

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

16 time’’ means an increment of compensated leave that 

17 can be earned by an employee for use during an ab18 sence from employment for any of the reasons de19 scribed in paragraphs (1) through (4) of section 

20 5(b). 

21 (9) PARENT.—The term ‘‘parent’’ means a bio22 logical, foster, or adoptive parent of an employee, a 

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

24 a domestic partner, or a legal guardian or other perVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 son who stood in loco parentis to an employee when 

2 the employee was a child. 

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

4 means the Secretary of Labor. 

5 (11) SEXUAL ASSAULT.—The term ‘‘sexual as6 sault’’ has the meaning given the term in section 

7 40002(a) of the Violence Against Women Act of 

8 1994 (42 U.S.C. 13925(a)). 

9 (12) SPOUSE.—The term ‘‘spouse’’, with re10 spect to an employee, has the meaning given such 

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

12 employee resides. 

13 (13) STATE.—The term ‘‘State’’ has the mean14 ing given the term in section 3 of the Fair Labor 

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

16 (14) STALKING.—The term ‘‘stalking’’ has the 

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

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

19 13925(a)). 

20 (15) VICTIM SERVICES ORGANIZATION.—The 

21 term ‘‘victim services organization’’ means a non22 profit, nongovernmental organization that provides 

23 assistance to victims of domestic violence, sexual as24 sault, or stalking or advocates for such victims, in25 cluding a rape crisis center, an organization carrying 


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1 out a domestic violence, sexual assault, or stalking 

2 prevention or treatment program, an organization 

3 operating a shelter or providing counseling services, 

4 or a legal services organization or other organization 

5 providing assistance through the legal process. 

6 SEC. 5. PROVISION OF PAID SICK TIME. 

7 (a) ACCRUAL OF PAID SICK TIME.— 

8 (1) IN GENERAL.—An employer shall permit 

9 each employee employed by the employer to earn not 

10 less than 1 hour of paid sick time for every 30 hours 

11 worked, to be used as described in subsection (b). 

12 An employer shall not be required to permit an em13 ployee to earn, under this section, more than 56 

14 hours of paid sick time in a calendar year, unless 

15 the employer chooses to set a higher limit. 

16 (2) EXEMPT EMPLOYEES.— 

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

18 paragraph (3), for purposes of this section, an 

19 employee who is exempt from overtime require20 ments under section 13(a)(1) of the Fair Labor 

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

22 shall be assumed to work 40 hours in each 

23 workweek. 

24 (B) SHORTER NORMAL WORKWEEK.—If 

25 the normal workweek of such an employee is 


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1 less than 40 hours, the employee shall earn 

2 paid sick time based upon that normal work 

3 week. 

4 (3) DATES OF ACCRUAL AND USE.—Employees 

5 shall begin to earn paid sick time under this section 

6 at the commencement of their employment. An em7 ployee shall be entitled to use the earned paid sick 

8 time beginning on the 60th calendar day following 

9 commencement of the employee’s employment. After 

10 that 60th calendar day, the employee may use the 

11 paid sick time as the time is earned. An employer 

12 may, at the discretion of the employer, loan paid 

13 sick time to an employee in advance of the earning 

14 of such time under this section by such employee. 

15 (4) CARRYOVER.— 

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

17 subparagraph (B), paid sick time earned under 

18 this section shall carry over from 1 calendar 

19 year to the next. 

20 (B) CONSTRUCTION.—This Act shall not 

21 be construed to require an employer to permit 

22 an employee to accrue more than 56 hours of 

23 earned paid sick time at a given time. 

24 (5) EMPLOYERS WITH EXISTING POLICIES.— 

25 Any employer with a paid leave policy who makes 


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1 available an amount of paid leave that is sufficient 

2 to meet the requirements of this section and that 

3 may be used for the same purposes and under the 

4 same conditions as the purposes and conditions out5 lined in subsection (b) shall not be required to per6 mit an employee to earn additional paid sick time 

7 under this section. 

8 (6) CONSTRUCTION.—Nothing in this section 

9 shall be construed as requiring financial or other re10 imbursement to an employee from an employer upon 

11 the employee’s termination, resignation, retirement, 

12 or other separation from employment for earned 

13 paid sick time that has not been used. 

14 (7) REINSTATEMENT.—If an employee is sepa15 rated from employment with an employer and is re16 hired, within 12 months after that separation, by the 

17 same employer, the employer shall reinstate the em18 ployee’s previously earned paid sick time. The em19 ployee shall be entitled to use the earned paid sick 

20 time and earn additional paid sick time at the re21 commencement of employment with the employer. 

22 (8) PROHIBITION.—An employer may not re23 quire, as a condition of providing paid sick time 

24 under this Act, that the employee involved search for 


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1 or find a replacement worker to cover the hours dur2 ing which the employee is using paid sick time. 

3 (b) USES.—Paid sick time 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, a domestic partner, or any 

13 other individual related by blood or affinity whose 

14 close association with the employee is the equivalent 

15 of a family relationship, 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, spouse, 

25 domestic partner, or an individual related to the 


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1 employee as described in paragraph (3), to re2 cover from physical or psychological injury or 

3 disability caused by domestic violence, sexual 

4 assault, or 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) SCHEDULING.—An employee shall make a reason17 able effort to schedule a period of paid sick time under 

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

19 operations of the employer. 

20 (d) PROCEDURES.— 

21 (1) IN GENERAL.—Paid sick time shall be pro22 vided upon the oral or written request of an em23 ployee. Such request shall— 

24 (A) include the expected duration of the 

25 period of such time; 


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

2 period of time is foreseeable at least 7 days in 

3 advance of such period, be provided at least 7 

4 days in advance of such period; and 

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

7 for such period. 

8 (2) CERTIFICATION IN GENERAL.— 

9 (A) PROVISION.— 

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

12 request for paid sick time under this sec13 tion for a purpose described in paragraph 

14 (1), (2), or (3) of subsection (b) be sup15 ported by a certification issued by the 

16 health care provider of the eligible em17 ployee or of an individual described in sub18 section (b)(3), as appropriate, if the period 

19 of such time covers more than 3 consecu20 tive workdays. 

21 (ii) TIMELINESS.—The employee shall 

22 provide a copy of such certification to the 

23 employer in a timely manner, not later 

24 than 30 days after the first day of the pe25 riod of time. The employer shall not delay 


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1 the commencement of the period of time on 

2 the basis that the employer has not yet re3 ceived the certification. 

4 (B) SUFFICIENT CERTIFICATION.— 

5 (i) IN GENERAL.—A certification pro6 vided under subparagraph (A) shall be suf7 ficient if it states— 

8 (I) the date on which the period 

9 of time will be needed; 

10 (II) the probable duration of the 

11 period of time; 

12 (III) the appropriate medical 

13 facts within the knowledge of the 

14 health care provider regarding the 

15 condition involved, subject to clause 

16 (ii); and 

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

18 time under subsection (b)(1), a state19 ment that absence from work is medi20 cally necessary; 

21 (bb) for purposes of such time 

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

23 which testing for a medical diagnosis 

24 or care is expected to be given and the 

25 duration of such testing or care; and 


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1 (cc) for purposes of such time 

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

3 time to care for someone who is not a 

4 child, a statement that care is needed 

5 for an individual described in such 

6 subsection, and an estimate of the 

7 amount of time that such care is 

8 needed for such individual. 

9 (ii) LIMITATION.—In issuing a certifi10 cation under subparagraph (A), a health 

11 care provider shall make reasonable efforts 

12 to limit the medical facts described in 

13 clause (i)(III) that are disclosed in the cer14 tification to the minimum necessary to es15 tablish a need for the employee to utilize 

16 paid sick time. 

17 (C) REGULATIONS.—Regulations pre18 scribed under section 13 shall specify the man19 ner in which an employee who does not have 

20 health insurance shall provide a certification for 

21 purposes of this paragraph. 

22 (D) CONFIDENTIALITY AND NONDISCLO23 SURE.— 

24 (i) PROTECTED HEALTH INFORMA25 TION.—Nothing in this Act shall be conVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 strued to require a health care provider to 

2 disclose information in violation of section 

3 1177 of the Social Security Act (42 U.S.C. 

4 1320d–6) or the regulations promulgated 

5 pursuant to section 264(c) of the Health 

6 Insurance Portability and Accountability 

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

8 (ii) HEALTH INFORMATION

9 RECORDS.—If an employer possesses 

10 health information about an employee or 

11 an employee’s child, parent, spouse, domes12 tic partner, or an individual related to the 

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

14 such information shall— 

15 (I) be maintained on a separate 

16 form and in a separate file from other 

17 personnel information; 

18 (II) be treated as a confidential 

19 medical record; and 

20 (III) not be disclosed except to 

21 the affected employee or with the per22 mission of the affected employee. 

23 (3) CERTIFICATION IN THE CASE OF DOMESTIC

24 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 


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1 (A) IN GENERAL.—An employer may re2 quire that a request for paid sick time under 

3 this section for a purpose described in sub4 section (b)(4) be supported by 1 of the fol5 lowing forms of documentation: 

6 (i) A police report indicating that the 

7 employee, or a member of the employee’s 

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

9 a victim of domestic violence, sexual as10 sault, or stalking. 

11 (ii) A court order protecting or sepa12 rating the employee or a member of the 

13 employee’s family described in subsection 

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

15 domestic violence, sexual assault, or stalk16 ing, or other evidence from the court or 

17 prosecuting attorney that the employee or 

18 a member of the employee’s family de19 scribed in subsection (b)(4) has appeared 

20 in court or is scheduled to appear in court 

21 in a proceeding related to domestic vio22 lence, sexual assault, or stalking. 

23 (iii) Other documentation signed by 

24 an employee or volunteer working for a vic25 tim services organization, an attorney, a 


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1 police officer, a medical professional, a so2 cial worker, an antiviolence counselor, or a 

3 member of the clergy, affirming that the 

4 employee or a member of the employee’s 

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

6 victim of domestic violence, sexual assault, 

7 or stalking. 

8 (B) REQUIREMENTS.—The requirements 

9 of paragraph (2) shall apply to certifications 

10 under this paragraph, except that— 

11 (i) subclauses (III) and (IV) of sub12 paragraph (B)(i) and subparagraph (B)(ii) 

13 of such paragraph shall not apply; 

14 (ii) the certification shall state the 

15 reason that the leave is required with the 

16 facts to be disclosed limited to the min17 imum necessary to establish a need for the 

18 employee to be absent from work, and the 

19 employee shall not be required to explain 

20 the details of the domestic violence, sexual 

21 assault, or stalking involved; and 

22 (iii) with respect to confidentiality 

23 under subparagraph (D) of such para24 graph, any information provided to the em25 ployer under this paragraph shall be conVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 fidential, except to the extent that any dis2 closure of such information is— 

3 (I) requested or consented to in 

4 writing by the employee; or 

5 (II) otherwise required by appli6 cable Federal or State law. 

7 SEC. 6. POSTING REQUIREMENT. 

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

9 keep posted a notice, to be prepared or approved in ac10 cordance with procedures specified in regulations pre11 scribed under section 13, setting forth excerpts from, or 

12 summaries of, the pertinent provisions of this Act includ13 ing— 

14 (1) information describing paid sick time avail15 able to employees under this Act; 

16 (2) information pertaining to the filing of an 

17 action under this Act; 

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

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

20 and 

21 (4) information that describes— 

22 (A) the protections that an employee has 

23 in exercising rights under this Act; and 

24 (B) how the employee can contact the Sec25 retary (or other appropriate authority as deVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 scribed in section 8) if any of the rights are vio2 lated. 

3 (b) LOCATION.—The notice described under sub4 section (a) shall be posted— 

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

6 employer, where notices to employees (including ap7 plicants) are customarily posted; or 

8 (2) in employee handbooks. 

9 (c) VIOLATION; PENALTY.—Any employer who will10 fully violates the posting requirements of this section shall 

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

12 for each separate offense. 

13 SEC. 7. PROHIBITED ACTS. 

14 (a) INTERFERENCE WITH RIGHTS.— 

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

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

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

18 provided under this Act, including— 

19 (A) discharging or discriminating against 

20 (including retaliating against) any individual, 

21 including a job applicant, for exercising, or at22 tempting to exercise, any right provided under 

23 this Act; 

24 (B) using the taking of paid sick time 

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1 ployment action, such as hiring, promotion, or 

2 a disciplinary action; or 

3 (C) counting the paid sick time under a 

4 no-fault attendance policy or any other absence 

5 control policy. 

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

7 any employer to discharge or in any other manner 

8 discriminate against (including retaliating against) 

9 any individual, including a job applicant, for oppos10 ing any practice made unlawful by this Act. 

11 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR12 IES.—It shall be unlawful for any person to discharge or 

13 in any other manner discriminate against (including retali14 ating against) any individual, including a job applicant, 

15 because such individual— 

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

17 caused to be instituted any proceeding, under or re18 lated to this Act; 

19 (2) has given, or is about to give, any informa20 tion in connection with any inquiry or proceeding re21 lating to any right provided under this Act; or 

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

23 inquiry or proceeding relating to any right provided 

24 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 subparagraph (A) or (B) of 

11 section 4(4); and 

12 (B) the term ‘‘employer’’ means an em13 ployer described in subclause (I) or (II) of sec14 tion 4(5)(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 ployers, employees, and other individuals af24 fected. 


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1 (B) OBLIGATION TO KEEP AND PRESERVE

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

3 preserve records pertaining to compliance with 

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

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

6 211(c)) and in accordance with regulations pre7 scribed by the Secretary. 

8 (C) REQUIRED SUBMISSIONS GENERALLY

9 LIMITED TO AN ANNUAL BASIS.—The Secretary 

10 shall not require, under the authority of this 

11 paragraph, an employer to submit to the Sec12 retary any books or records more than once 

13 during any 12-month period, unless the Sec14 retary has reasonable cause to believe there 

15 may exist a violation of this Act or any regula16 tion or order issued pursuant to this Act, or is 

17 investigating a charge pursuant to paragraph 

18 (4). 

19 (D) SUBPOENA AUTHORITY.—For the pur20 poses of any investigation provided for in this 

21 paragraph, the Secretary shall have the sub22 poena authority provided for under section 9 of 

23 the Fair Labor Standards Act of 1938 (29 

24 U.S.C. 209). 


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1 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID2 UALS.— 

3 (A) RIGHT OF ACTION.—An action to re4 cover the damages or equitable relief prescribed 

5 in subparagraph (B) may be maintained 

6 against any employer in any Federal or State 

7 court of competent jurisdiction by one or more 

8 employees or individuals or their representative 

9 for and on behalf of— 

10 (i) the employees or individuals; or 

11 (ii) the employees or individuals and 

12 others similarly situated. 

13 (B) LIABILITY.—Any employer who vio14 lates section 7 (including a violation relating to 

15 rights provided under section 5) shall be liable 

16 to any employee or individual affected— 

17 (i) for damages equal to— 

18 (I) the amount of— 

19 (aa) any wages, salary, em20 ployment benefits, or other com21 pensation denied or lost by rea22 son of the violation; or 

23 (bb) in a case in which 

24 wages, salary, employment bene25 fits, or other compensation have 


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1 not been denied or lost, any ac2 tual monetary losses sustained as 

3 a direct result of the violation up 

4 to a sum equal to 56 hours of 

5 wages or salary for the employee 

6 or individual; 

7 (II) the interest on the amount 

8 described in subclause (I) calculated 

9 at the prevailing rate; and 

10 (III) an additional amount as liq11 uidated damages; and 

12 (ii) for such equitable relief as may be 

13 appropriate, including employment, rein14 statement, and promotion. 

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

16 action under this paragraph shall, in addition to 

17 any judgment awarded to the plaintiff, allow a 

18 reasonable attorney’s fee, reasonable expert wit19 ness fees, and other costs of the action to be 

20 paid by the defendant. 

21 (4) ACTION BY THE SECRETARY.— 

22 (A) ADMINISTRATIVE ACTION.—The Sec23 retary shall receive, investigate, and attempt to 

24 resolve complaints of violations of section 7 (in25 cluding a violation relating to rights provided 


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1 under section 5) in the same manner that the 

2 Secretary receives, investigates, and attempts to 

3 resolve complaints of violations of sections 6 

4 and 7 of the Fair Labor Standards Act of 1938 

5 (29 U.S.C. 206 and 207). 

6 (B) CIVIL ACTION.—The Secretary may 

7 bring an action in any court of competent juris8 diction to recover the damages described in 

9 paragraph (3)(B)(i). 

10 (C) SUMS RECOVERED.—Any sums recov11 ered by the Secretary pursuant to subparagraph 

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

13 and shall be paid, on order of the Secretary, di14 rectly to each employee or individual affected. 

15 Any such sums not paid to an employee or indi16 vidual affected because of inability to do so 

17 within a period of 3 years shall be deposited 

18 into the Treasury of the United States as mis19 cellaneous receipts. 

20 (5) LIMITATION.— 

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

22 subparagraph (B), an action may be brought 

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

24 2 years after the date of the last event constiVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 tuting the alleged violation for which the action 

2 is brought. 

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

4 an action brought for a willful violation of sec5 tion 7 (including a willful violation relating to 

6 rights provided under section 5), such action 

7 may be brought within 3 years of the date of 

8 the last event constituting the alleged violation 

9 for which such action is brought. 

10 (C) COMMENCEMENT.—In determining 

11 when an action is commenced under paragraph 

12 (3), (4), or (6) for the purposes of this para13 graph, it shall be considered to be commenced 

14 on the date when the complaint is filed. 

15 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

16 The district courts of the United States shall have 

17 jurisdiction, for cause shown, in an action brought 

18 by the Secretary— 

19 (A) to restrain violations of section 7 (in20 cluding a violation relating to rights provided 

21 under section 5), including the restraint of any 

22 withholding of payment of wages, salary, em23 ployment benefits, or other compensation, plus 

24 interest, found by the court to be due to em25 ployees or individuals eligible under this Act; or 


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1 (B) to award such other equitable relief as 

2 may be appropriate, including employment, re3 instatement, and promotion. 

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

5 Labor may appear for and represent the Secretary 

6 on any litigation brought under paragraph (4) or 

7 (6). 

8 (8) GOVERNMENT ACCOUNTABILITY OFFICE

9 AND LIBRARY OF CONGRESS.—Notwithstanding any 

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

11 Government Accountability Office and the Library of 

12 Congress, the authority of the Secretary of Labor 

13 under this subsection shall be exercised respectively 

14 by the Comptroller General of the United States and 

15 the Librarian of Congress. 

16 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC17 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

18 procedures provided in the Congressional Accountability 

19 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de20 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

24 person, alleging an unlawful employment practice in violaVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 tion of this Act against an employee described in section 

2 4(4)(C). 

3 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

4 3, UNITED STATES CODE.—The powers, remedies, and 

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

6 Code, to the President, the Merit Systems Protection 

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

8 412(a)(1) of that title, shall be the powers, remedies, and 

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

10 or any person, respectively, alleging an unlawful employ11 ment practice in violation of this Act against an employee 

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

13 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

14 5, UNITED STATES CODE.—The powers, remedies, and 

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

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

17 the Merit Systems Protection Board, or provided in that 

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

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

20 this Act provides to that agency, that Board, or any per21 son, respectively, alleging an unlawful employment prac22 tice in violation of this Act against an employee described 

23 in section 4(4)(E). 

24 (e) REMEDIES FOR STATE EMPLOYEES.— 


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1 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

2 State’s receipt or use of Federal financial assistance 

3 for any program or activity of a State shall con4 stitute a waiver of sovereign immunity, under the 

5 11th Amendment to the Constitution or otherwise, 

6 to a suit brought by an employee of that program 

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

8 other relief authorized under this Act. 

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

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

11 any employee who has complied with the procedures 

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

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

14 may award to the prevailing party those costs au15 thorized by section 722 of the Revised Statutes (42 

16 U.S.C. 1988). 

17 (3) APPLICABILITY.—With respect to a par18 ticular program or activity, paragraph (1) applies to 

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

20 of enactment of this Act, on which a State first re21 ceives or uses Federal financial assistance for that 

22 program or activity. 

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

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


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1 the meaning given the term in section 606 of the 

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

3 SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND 

4 FURTHER STUDY. 

5 (a) COMPILATION OF INFORMATION.—Effective 90 

6 days after the date of enactment of this Act, the Commis7 sioner of Labor Statistics shall annually compile informa8 tion on the following: 

9 (1) The number of employees who used paid 

10 sick time. 

11 (2) The number of hours of paid sick time 

12 used. 

13 (3) The number of employees who used paid 

14 sick time for absences necessary due to domestic vio15 lence, sexual assault, or stalking. 

16 (4) The demographic characteristics of employ17 ees who were eligible for and who used paid sick 

18 time. 

19 (b) GAO STUDY.— 

20 (1) IN GENERAL.—The Comptroller General of 

21 the United States shall annually conduct a study to 

22 determine the following: 

23 (A)(i) The number of days employees used 

24 paid sick time and the reasons for the use. 


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1 (ii) The number of employees who used the 

2 paid sick time for periods of time covering more 

3 than 3 consecutive workdays. 

4 (B) The cost and benefits to employers of 

5 implementing the paid sick time policies. 

6 (C) The cost to employees of providing cer7 tification to obtain the paid sick time. 

8 (D) The benefits of the paid sick time to 

9 employees and their family members, including 

10 effects on employees’ ability to care for their 

11 family members or to provide for their own 

12 health needs. 

13 (E) Whether the paid sick time affected 

14 employees’ ability to sustain an adequate in15 come while meeting needs of the employees and 

16 their family members. 

17 (F) Whether employers who administered 

18 paid sick time policies prior to the date of en19 actment of this Act were affected by the provi20 sions of this Act. 

21 (G) Whether other types of leave were af22 fected by this Act. 

23 (H) Whether paid sick time affected reten24 tion and turnover and costs of presenteeism. 


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1 (I) Whether the paid sick time increased 

2 the use of less costly preventive medical care 

3 and lowered the use of emergency room care. 

4 (J) Whether the paid sick time reduced the 

5 number of children sent to school when the chil6 dren were sick. 

7 (2) DISAGGREGATING DATA.—The data col8 lected under subparagraphs (A) and (D) of para9 graph (1) shall be disaggregated by gender, race, 

10 disability, earnings level, age, marital status, family 

11 type, including parental status, and industry. 

12 (3) REPORTS.— 

13 (A) IN GENERAL.—Not later than 18 

14 months after the date of enactment of this Act, 

15 the Comptroller General of the United States 

16 shall prepare and submit a report to the appro17 priate committees of Congress concerning the 

18 results of the study conducted pursuant to 

19 paragraph (1) and the data aggregated under 

20 paragraph (2). 

21 (B) FOLLOWUP REPORT.—Not later than 

22 5 years after the date of enactment of this Act, 

23 the Comptroller General of the United States 

24 shall prepare and submit a followup report to 

25 the appropriate committees of Congress conVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 cerning the results of the study conducted pur2 suant to paragraph (1) and the data aggregated 

3 under paragraph (2). 

4 SEC. 10. EFFECT ON OTHER LAWS. 

5 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

7 or affect any Federal or State law prohibiting discrimina8 tion on the basis of race, religion, color, national origin, 

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

10 marital status, familial status, or any other protected sta11 tus. 

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

13 shall be construed to supersede (including preempting) 

14 any provision of any State or local law that provides great15 er paid sick time or leave rights (including greater 

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

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

18 established under this Act. 

19 SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

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

21 be construed to diminish the obligation of an employer to 

22 comply with any contract, collective bargaining agreement, 

23 or any employment benefit program or plan that provides 

24 greater paid sick leave or other leave rights to employees 

25 or individuals than the rights established under this Act. 


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

2 employees under this Act shall not be diminished by any 

3 contract, collective bargaining agreement, or any employ4 ment benefit program or plan. 

5 SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

6 POLICIES. 

7 Nothing in this Act shall be construed to discourage 

8 employers from adopting or retaining leave policies more 

9 generous than policies that comply with the requirements 

10 of this Act. 

11 SEC. 13. REGULATIONS. 

12 (a) IN GENERAL.— 

13 (1) AUTHORITY.—Except as provided in para14 graph (2), not later than 180 days after the date of 

15 enactment of this Act, the Secretary shall prescribe 

16 such regulations as are necessary to carry out this 

17 Act with respect to employees described in subpara18 graph (A) or (B) of section 4(4) and other individ19 uals affected by employers described in subclause (I) 

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

21 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI22 BRARY OF CONGRESS.—The Comptroller General of 

23 the United States and the Librarian of Congress 

24 shall prescribe the regulations with respect to em25 ployees of the Government Accountability Office and 


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1 the Library of Congress, respectively, and other indi2 viduals affected by the Comptroller General of the 

3 United States and the Librarian of Congress, re4 spectively. 

5 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC6 COUNTABILITY ACT OF 1995.— 

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

8 the Secretary prescribes regulations under section 

9 13(a), the Board of Directors of the Office of Com10 pliance shall prescribe (in accordance with section 

11 304 of the Congressional Accountability Act of 1995 

12 (2 U.S.C. 1384)) such regulations as are necessary 

13 to carry out this Act with respect to employees de14 scribed in section 4(4)(C) and other individuals af15 fected by employers described in section 

16 4(5)(A)(i)(III). 

17 (2) AGENCY REGULATIONS.—The regulations 

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

19 substantive regulations promulgated by the Sec20 retary to carry out this Act except insofar as the 

21 Board may determine, for good cause shown and 

22 stated together with the regulations prescribed 

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

24 regulations would be more effective for the impleVerDate Mar 15 2010 01:52 Mar 27, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1286.IH H1286

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1 mentation of the rights and protections involved 

2 under this section. 

3 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

4 3, UNITED STATES CODE.— 

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

6 the Secretary prescribes regulations under section 

7 13(a), the President (or the designee of the Presi8 dent) shall prescribe such regulations as are nec9 essary to carry out this Act with respect to employ10 ees described in section 4(4)(D) and other individ11 uals affected by employers described in section 

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

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 President (or designee) may determine, for good 

18 cause shown and stated together with the regula19 tions prescribed under paragraph (1), that a modi20 fication of such regulations would be more effective 

21 for the implementation of the rights and protections 

22 involved under this section. 

23 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

24 5, UNITED STATES CODE.— 


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

2 the Secretary prescribes regulations under section 

3 13(a), the Director of the Office of Personnel Man4 agement shall prescribe such regulations as are nec5 essary to carry out this Act with respect to employ6 ees described in section 4(4)(E) and other individ7 uals affected by employers described in section 

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

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 Di13 rector may determine, for good cause shown and 

14 stated together with the regulations prescribed 

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

16 regulations would be more effective for the imple17 mentation of the rights and protections involved 

18 under this section. 

19 SEC. 14. EFFECTIVE DATES. 

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

21 months after the date of issuance of regulations under sec22 tion 13(a)(1). 

23 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

24 case of a collective bargaining agreement in effect on the 


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

2 take effect on the earlier of— 

3 (1) the date of the termination of such agree4 ment; or 

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

6 date of issuance of regulations under section 

7 13(a)(1). 

Æ 


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