II 

111TH CONGRESS 

1ST SESSION S. 1152 

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 SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mr. REID (for Mr. KENNEDY (for himself, Mr. DODD, Mr. HARKIN, Ms. MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. BROWN, Mr. CASEY, Mr. 

INOUYE, Mr. LEVIN, Mr. KERRY, Mr. AKAKA, Mrs. BOXER, Mr. FEINGOLD, Mr. DURBIN, Mr. JOHNSON, Mr. SCHUMER, Mr. LAUTENBERG, 

Mr. MENENDEZ, Mr. BURRIS, and Mrs. GILLIBRAND)) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

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: 


hsrobinson on PROD1PC76 with BILLS
2 

•S 1152 IS

1 (1) Working Americans need time to meet their 

2 own health care needs and to care for family mem3 bers, including their children, spouse, parents, and 

4 parents-in-law, and other children and adults for 

5 whom they are caretakers. 

6 (2) Health care needs include preventive health 

7 care, diagnostic procedures, medical treatment, and 

8 recovery in response to short- and long-term ill9 nesses and injuries. 

10 (3) Providing employees time off to meet health 

11 care needs ensures that they will be healthier in the 

12 long run. Preventive care helps avoid illnesses and 

13 injuries and routine medical care helps detect ill14 nesses early and shorten their duration. 

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

16 children who become sick, children recover faster, 

17 more serious illnesses are prevented, and children’s 

18 overall mental and physical health improve. In a 

19 2009 study published in the American Journal of 

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

21 special health care needs reported that taking leave 

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

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

24 Similarly, 85 percent of parents of such a child 


hsrobinson on PROD1PC76 with BILLS
3 

•S 1152 IS

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

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

3 (5) When parents cannot afford to miss work 

4 and must send children with contagious illnesses to 

5 child care centers or schools, infection can spread 

6 rapidly through child care centers and schools. 

7 (6) Providing paid sick time improves public 

8 health by reducing infectious disease. Policies that 

9 make it easier for sick adults and children to be iso10 lated at home reduce the spread of infectious dis11 ease. 

12 (7) Routine medical care reduces medical costs 

13 by detecting and treating illness and injury early, 

14 decreasing the need for emergency care. These sav15 ings benefit public and private payers of health in16 surance, including private businesses. 

17 (8) The provision of individual and family sick 

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

19 United States and elsewhere, demonstrates that pol20 icy solutions are both feasible and affordable in a 

21 competitive economy. A 2009 study by the Center 

22 for Economic and Policy Research found that, of 22 

23 countries with comparable economies, the United 

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


hsrobinson on PROD1PC76 with BILLS
4 

•S 1152 IS

1 any paid time off for workers with short-term ill2 nesses. 

3 (9) Measures that ensure that employees are in 

4 good health and do not need to worry about unmet 

5 family health problems help businesses by promoting 

6 productivity and reducing employee turnover. 

7 (10) The American Productivity Audit found 

8 that presenteeism—the practice of employees coming 

9 to work despite illness—costs $180,000,000,000 an10 nually in lost productivity. Studies in the Journal of 

11 Occupational and Environmental Medicine, the Em12 ployee Benefit News, and the Harvard Business Re13 view show that presenteeism is a larger productivity 

14 drain than either absenteeism or short-term dis15 ability. 

16 (11) The absence of paid sick time has forced 

17 Americans to make untenable choices between need18 ed income and jobs on the one hand and caring for 

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

20 (12) Nearly half of Americans lack paid sick 

21 time for self-care or to care for a family member. 

22 For families in the lowest quartile of earners, 79 

23 percent lack paid sick time. For families in the next 

24 2 quartiles, 46 and 38 percent, respectively, lack 

25 paid sick time. Even for families in the highest inVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
5 

•S 1152 IS

1 come quartile, 28 percent lack paid sick time. In ad2 dition, millions of workers cannot use paid sick time 

3 to care for ill family members. 

4 (13) Due to the roles of men and women in so5 ciety, the primary responsibility for family care6 taking often falls on women, and such responsibility 

7 affects the working lives of women more than it af8 fects the working lives of men. 

9 (14) An increasing number of men are also tak10 ing on caretaking obligations, and men who request 

11 paid time for caretaking purposes are often denied 

12 accommodation or penalized because of stereotypes 

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

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

16 women in the workplace and in the home continues 

17 a cycle of discrimination and fosters stereotypical 

18 views about women’s commitment to work and their 

19 value as employees. 

20 (16) Employment standards that apply to only 

21 one gender have serious potential for encouraging 

22 employers to discriminate against employees and ap23 plicants for employment who are of that gender. 


hsrobinson on PROD1PC76 with BILLS
6 

•S 1152 IS

1 (17) It is in the national interest to ensure that 

2 all Americans can care for their own health and the 

3 health of their families while prospering at work. 

4 (18) Nearly 1 in 3 American women report 

5 physical or sexual abuse by a husband or boyfriend 

6 at some point in their lives. Domestic violence also 

7 affects men. Women account for about 85 percent of 

8 the victims of domestic violence and men account for 

9 approximately 15 percent of the victims. Therefore, 

10 women disproportionately need time off to care for 

11 their health or to find solutions, such as obtaining 

12 a restraining order or finding housing, to avoid or 

13 prevent physical or sexual abuse. 

14 (19) Up to 85 percent of domestic violence vic15 tims miss work because of abuse. The mean number 

16 of days of paid work lost by a rape victim is 8.1 

17 days, by a victim of physical assault is 7.2 days, and 

18 by a victim of stalking is 10.1 days. Nationwide, do19 mestic violence victims lose almost 8,000,000 days of 

20 paid work per year. 

21 (20) Without paid sick days that can be used 

22 to address the effects of domestic violence, these vic23 tims are in grave danger of losing their jobs. Sur24 veys have found that 96 to 98 percent of employed 

25 domestic violence victims experience problems at 


hsrobinson on PROD1PC76 with BILLS
7 

•S 1152 IS

1 work related to the violence. The Government Ac2 countability Office similarly found that 24 to 52 per3 cent of victims report losing a job due, at least in 

4 part, to domestic violence. The loss of employment 

5 can be particularly devastating for victims of domes6 tic violence, who often need economic security to en7 sure safety. 

8 (21) The Centers for Disease Control and Pre9 vention has estimated that domestic violence costs 

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

11 productivity in employment. 

12 (22) Efforts to assist abused employees result 

13 in positive outcomes for employers as well as em14 ployees because employers can retain workers who 

15 might otherwise be compelled to leave. In a 2002 

16 survey, 68 percent of corporate leaders surveyed said 

17 that a company’s financial performance would ben18 efit from addressing domestic violence among its em19 ployees. 

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 


hsrobinson on PROD1PC76 with BILLS
8 

•S 1152 IS

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 accomplish the purposes described in 

14 paragraphs (1) through (3) in a manner that is fea15 sible for employers; and 

16 (5) consistent with the provision of the 14th 

17 amendment to the Constitution relating to equal 

18 protection of the laws, and pursuant to Congress’ 

19 power to enforce that provision under section 5 of 

20 that amendment— 

21 (A) to accomplish the purposes described 

22 in paragraphs (1) through (3) in a manner that 

23 minimizes the potential for employment dis24 crimination on the basis of sex by ensuring genVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
9 

•S 1152 IS

1 erally that paid sick time is available for eligible 

2 medical 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) DOMESTIC VIOLENCE.—The term ‘‘domestic 

16 violence’’ has the meaning given the term in section 

17 40002(a) of the Violence Against Women Act of 

18 1994 (42 U.S.C. 13925(a)), except that the ref19 erence in such section to the term ‘‘jurisdiction re20 ceiving grant monies’’ shall be deemed to mean the 

21 jurisdiction in which the victim lives or the jurisdic22 tion in which the employer involved is located. 

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

24 an individual who is— 


hsrobinson on PROD1PC76 with BILLS
10 

•S 1152 IS

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

2 3(e) of the Fair Labor Standards Act of 1938 

3 (29 U.S.C. 203(e)), who is not covered under 

4 subparagraph (E), including such an employee 

5 of the Library of Congress, except that a ref6 erence in such section to an employer shall be 

7 considered to be a reference to an employer de8 scribed in clauses (i)(I) and (ii) of paragraph 

9 (4)(A); or 

10 (ii) an employee of the Government Ac11 countability Office; 

12 (B) a State employee described in section 

13 304(a) of the Government Employee Rights Act of 

14 1991 (42 U.S.C. 2000e–16c(a)); 

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

16 101 of the Congressional Accountability Act of 1995 

17 (2 U.S.C. 1301), other than an applicant for em18 ployment; 

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

20 411(c) of title 3, United States Code; or 

21 (E) a Federal officer or employee covered under 

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

23 Code. 

24 (4) EMPLOYER.— 


hsrobinson on PROD1PC76 with BILLS
11 

•S 1152 IS

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 (III) an employing office, as defined 

10 in section 101 of the Congressional Ac11 countability Act of 1995; 

12 (IV) an employing office, as defined in 

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

14 Code; or 

15 (V) an employing agency covered 

16 under subchapter V of chapter 63 of title 

17 5, United States Code; and 

18 (ii) is engaged in commerce (including 

19 government), or an industry or activity af20 fecting commerce (including government), 

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

22 (B) COVERED EMPLOYER.— 

23 (i) IN GENERAL.—In subparagraph 

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


hsrobinson on PROD1PC76 with BILLS
12 

•S 1152 IS

1 (I) means any person engaged in 

2 commerce or in any industry or activ3 ity affecting commerce who employs 

4 15 or more employees for each work5 ing day during each of 20 or more 

6 calendar workweeks in the current or 

7 preceding calendar year; 

8 (II) includes— 

9 (aa) any person who acts, 

10 directly or indirectly, in the inter11 est of an employer to any of the 

12 employees of such employer; and 

13 (bb) any successor in inter14 est of an employer; 

15 (III) includes any ‘‘public agen16 cy’’, as defined in section 3(x) of the 

17 Fair Labor Standards Act of 1938 

18 (29 U.S.C. 203(x)); and 

19 (IV) includes the Government 

20 Accountability Office and the Library 

21 of Congress. 

22 (ii) PUBLIC AGENCY.—For purposes 

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

24 considered to be a person engaged in comVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
13 

•S 1152 IS

1 merce or in an industry or activity affect2 ing commerce. 

3 (iii) DEFINITIONS.—For purposes of 

4 this subparagraph: 

5 (I) COMMERCE.—The terms 

6 ‘‘commerce’’ and ‘‘industry or activity 

7 affecting commerce’’ mean any activ8 ity, business, or industry in commerce 

9 or in which a labor dispute would 

10 hinder or obstruct commerce or the 

11 free flow of commerce, and include 

12 ‘‘commerce’’ and any ‘‘industry affect13 ing commerce’’, as defined in para14 graphs (1) and (3) of section 501 of 

15 the Labor Management Relations Act, 

16 1947 (29 U.S.C. 142 (1) and (3)). 

17 (II) EMPLOYEE.—The term ‘‘em18 ployee’’ has the same meaning given 

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

20 Labor Standards Act of 1938 (29 

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

22 (III) PERSON.—The term ‘‘per23 son’’ has the same meaning given 

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


hsrobinson on PROD1PC76 with BILLS
14 

•S 1152 IS

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 (5) 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 (6) 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 


hsrobinson on PROD1PC76 with BILLS
15 

•S 1152 IS

1 (B) is not employed by an employer for 

2 whom the provider issues certification under 

3 this Act. 

4 (7) PAID SICK TIME.—The term ‘‘paid sick 

5 time’’ means an increment of compensated leave that 

6 can be earned by an employee for use during an ab7 sence from employment for any of the reasons de8 scribed in paragraphs (1) through (4) of section 

9 5(b). 

10 (8) PARENT.—The term ‘‘parent’’ means a bio11 logical, foster, or adoptive parent of an employee, a 

12 stepparent of an employee, or a legal guardian or 

13 other person who stood in loco parentis to an em14 ployee when the employee was a child. 

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

16 the Secretary of Labor. 

17 (10) SEXUAL ASSAULT.—The term ‘‘sexual as18 sault’’ has the meaning given the term in section 

19 40002(a) of the Violence Against Women Act of 

20 1994 (42 U.S.C. 13925(a)). 

21 (11) SPOUSE.—The term ‘‘spouse’’, with re22 spect to an employee, has the meaning given such 

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

24 employee resides. 


hsrobinson on PROD1PC76 with BILLS
16 

•S 1152 IS

1 (12) STALKING.—The term ‘‘stalking’’ has the 

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

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

4 13925(a)). 

5 (13) VICTIM SERVICES ORGANIZATION.—The 

6 term ‘‘victim services organization’’ means a non7 profit, nongovernmental organization that provides 

8 assistance to victims of domestic violence, sexual as9 sault, or stalking or advocates for such victims, in10 cluding a rape crisis center, an organization carrying 

11 out a domestic violence, sexual assault, or stalking 

12 prevention or treatment program, an organization 

13 operating a shelter or providing counseling services, 

14 or a legal services organization or other organization 

15 providing assistance through the legal process. 

16 SEC. 5. PROVISION OF PAID SICK TIME. 

17 (a) ACCRUAL OF PAID SICK TIME.— 

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

19 each employee employed by the employer to earn not 

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

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

22 An employer shall not be required to permit an em23 ployee to earn, under this section, more than 56 

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

25 the employer chooses to set a higher limit. 


hsrobinson on PROD1PC76 with BILLS
17 

•S 1152 IS

1 (2) EXEMPT EMPLOYEES.— 

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

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

4 employee who is exempt from overtime require5 ments under section 13(a)(1) of the Fair Labor 

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

7 shall be assumed to work 40 hours in each 

8 workweek. 

9 (B) SHORTER NORMAL WORKWEEK.—If 

10 the normal workweek of such an employee is 

11 less than 40 hours, the employee shall earn 

12 paid sick time based upon that normal work 

13 week. 

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

15 shall begin to earn paid sick time under this section 

16 at the commencement of their employment. An em17 ployee shall be entitled to use the earned paid sick 

18 time beginning on the 60th calendar day following 

19 commencement of the employee’s employment. After 

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

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

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

23 sick time to an employee in advance of the earning 

24 of such time under this section by such employee. 

25 (4) CARRYOVER.— 


hsrobinson on PROD1PC76 with BILLS
18 

•S 1152 IS

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

2 subparagraph (B), paid sick time earned under 

3 this section shall carry over from 1 calendar 

4 year to the next. 

5 (B) CONSTRUCTION.—This Act shall not 

6 be construed to require an employer to permit 

7 an employee to accrue more than 56 hours of 

8 earned paid sick time at a given time. 

9 (5) EMPLOYERS WITH EXISTING POLICIES.— 

10 Any employer with a paid leave policy who makes 

11 available an amount of paid leave that is sufficient 

12 to meet the requirements of this section and that 

13 may be used for the same purposes and under the 

14 same conditions as the purposes and conditions out15 lined in subsection (b) shall not be required to per16 mit an employee to earn additional paid sick time 

17 under this section. 

18 (6) CONSTRUCTION.—Nothing in this section 

19 shall be construed as requiring financial or other re20 imbursement to an employee from an employer upon 

21 the employee’s termination, resignation, retirement, 

22 or other separation from employment for earned 

23 paid sick time that has not been used. 

24 (7) REINSTATEMENT.—If an employee is sepa25 rated from employment with an employer and is reVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
19 

•S 1152 IS

1 hired, within 12 months after that separation, by the 

2 same employer, the employer shall reinstate the em3 ployee’s previously earned paid sick time. The em4 ployee shall be entitled to use the earned paid sick 

5 time and earn additional paid sick time at the re6 commencement of employment with the employer. 

7 (8) PROHIBITION.—An employer may not re8 quire, as a condition of providing paid sick time 

9 under this Act, that the employee involved search for 

10 or find a replacement worker to cover the hours dur11 ing which the employee is using paid sick time. 

12 (b) USES.—Paid sick time earned under this section 

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

14 (1) An absence resulting from a physical or 

15 mental illness, injury, or medical condition of the 

16 employee. 

17 (2) An absence resulting from obtaining profes18 sional medical diagnosis or care, or preventive med19 ical care, for the employee. 

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

21 child, a parent, a spouse, or any other individual re22 lated by blood or affinity whose close association 

23 with the employee is the equivalent of a family rela24 tionship, who— 


hsrobinson on PROD1PC76 with BILLS
20 

•S 1152 IS

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

2 diagnosis or care described in paragraph (1) or 

3 (2); and 

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

5 child, is otherwise in need of care. 

6 (4) An absence resulting from domestic vio7 lence, sexual assault, or stalking, if the time is to— 

8 (A) seek medical attention for the em9 ployee or the employee’s child, parent, or 

10 spouse, or an individual related to the employee 

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

12 physical or psychological injury or disability 

13 caused by domestic violence, sexual assault, or 

14 stalking; 

15 (B) obtain or assist a related person de16 scribed in paragraph (3) in obtaining services 

17 from a victim services organization; 

18 (C) obtain or assist a related person de19 scribed in paragraph (3) in obtaining psycho20 logical or other counseling; 

21 (D) seek relocation; or 

22 (E) take legal action, including preparing 

23 for or participating in any civil or criminal legal 

24 proceeding related to or resulting from domestic 

25 violence, sexual assault, or stalking. 


hsrobinson on PROD1PC76 with BILLS
21 

•S 1152 IS

1 (c) SCHEDULING.—An employee shall make a reason2 able effort to schedule a period of paid sick time under 

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

4 operations of the employer. 

5 (d) PROCEDURES.— 

6 (1) IN GENERAL.—Paid sick time shall be pro7 vided upon the oral or written request of an em8 ployee. Such request shall— 

9 (A) include the expected duration of the 

10 period of such time; 

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

12 period of time is foreseeable at least 7 days in 

13 advance of such period, be provided at least 7 

14 days in advance of such period; and 

15 (C) otherwise, be provided as soon as prac16 ticable after the employee is aware of the need 

17 for such period. 

18 (2) CERTIFICATION IN GENERAL.— 

19 (A) PROVISION.— 

20 (i) IN GENERAL.—Subject to subpara21 graph (C), an employer may require that a 

22 request for paid sick time under this sec23 tion for a purpose described in paragraph 

24 (1), (2), or (3) of subsection (b) be sup25 ported by a certification issued by the 


hsrobinson on PROD1PC76 with BILLS
22 

•S 1152 IS

1 health care provider of the eligible em2 ployee or of an individual described in sub3 section (b)(3), as appropriate, if the period 

4 of such time covers more than 3 consecu5 tive workdays. 

6 (ii) TIMELINESS.—The employee shall 

7 provide a copy of such certification to the 

8 employer in a timely manner, not later 

9 than 30 days after the first day of the pe10 riod of time. The employer shall not delay 

11 the commencement of the period of time on 

12 the basis that the employer has not yet re13 ceived the certification. 

14 (B) SUFFICIENT CERTIFICATION.— 

15 (i) IN GENERAL.—A certification pro16 vided under subparagraph (A) shall be suf17 ficient if it states— 

18 (I) the date on which the period 

19 of time will be needed; 

20 (II) the probable duration of the 

21 period of time; 

22 (III) the appropriate medical 

23 facts within the knowledge of the 

24 health care provider regarding the 


hsrobinson on PROD1PC76 with BILLS
23 

•S 1152 IS

1 condition involved, subject to clause 

2 (ii); and 

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

4 time under subsection (b)(1), a state5 ment that absence from work is medi6 cally necessary; 

7 (bb) for purposes of such time 

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

9 which testing for a medical diagnosis 

10 or care is expected to be given and the 

11 duration of such testing or care; and 

12 (cc) for purposes of such time 

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

14 time to care for someone who is not a 

15 child, a statement that care is needed 

16 for an individual described in such 

17 subsection, and an estimate of the 

18 amount of time that such care is 

19 needed for such individual. 

20 (ii) LIMITATION.—In issuing a certifi21 cation under subparagraph (A), a health 

22 care provider shall make reasonable efforts 

23 to limit the medical facts described in 

24 clause (i)(III) that are disclosed in the cer25 tification to the minimum necessary to esVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
24 

•S 1152 IS

1 tablish a need for the employee to utilize 

2 paid sick time. 

3 (C) REGULATIONS.—Regulations pre4 scribed under section 13 shall specify the man5 ner in which an employee who does not have 

6 health insurance shall provide a certification for 

7 purposes of this paragraph. 

8 (D) CONFIDENTIALITY AND NONDISCLO9 SURE.— 

10 (i) PROTECTED HEALTH INFORMA11 TION.—Nothing in this Act shall be con12 strued to require a health care provider to 

13 disclose information in violation of section 

14 1177 of the Social Security Act (42 U.S.C. 

15 1320d–6) or the regulations promulgated 

16 pursuant to section 264(c) of the Health 

17 Insurance Portability and Accountability 

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

19 (ii) HEALTH INFORMATION

20 RECORDS.—If an employer possesses 

21 health information about an employee or 

22 an employee’s child, parent, spouse or 

23 other individual described in subsection 

24 (b)(3), such information shall— 


hsrobinson on PROD1PC76 with BILLS
25 

•S 1152 IS

1 (I) be maintained on a separate 

2 form and in a separate file from other 

3 personnel information; 

4 (II) be treated as a confidential 

5 medical record; and 

6 (III) not be disclosed except to 

7 the affected employee or with the per8 mission of the affected employee. 

9 (3) CERTIFICATION IN THE CASE OF DOMESTIC

10 VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 

11 (A) IN GENERAL.—An employer may re12 quire that a request for paid sick time under 

13 this section for a purpose described in sub14 section (b)(4) be supported by 1 of the fol15 lowing forms of documentation: 

16 (i) A police report indicating that the 

17 employee, or a member of the employee’s 

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

19 a victim of domestic violence, sexual as20 sault, or stalking. 

21 (ii) A court order protecting or sepa22 rating the employee or a member of the 

23 employee’s family described in subsection 

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

25 domestic violence, sexual assault, or stalkVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
26 

•S 1152 IS

1 ing, or other evidence from the court or 

2 prosecuting attorney that the employee or 

3 a member of the employee’s family de4 scribed in subsection (b)(4) has appeared 

5 in court or is scheduled to appear in court 

6 in a proceeding related to domestic vio7 lence, sexual assault, or stalking. 

8 (iii) Other documentation signed by 

9 an employee or volunteer working for a vic10 tim services organization, an attorney, a 

11 police officer, a medical professional, a so12 cial worker, an antiviolence counselor, or a 

13 member of the clergy, affirming that the 

14 employee or a member of the employee’s 

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

16 victim of domestic violence, sexual assault, 

17 or stalking. 

18 (B) REQUIREMENTS.—The requirements 

19 of paragraph (2) shall apply to certifications 

20 under this paragraph, except that— 

21 (i) subclauses (III) and (IV) of sub22 paragraph (B)(i) and subparagraph (B)(ii) 

23 of such paragraph shall not apply; 

24 (ii) the certification shall state the 

25 reason that the leave is required with the 


hsrobinson on PROD1PC76 with BILLS
27 

•S 1152 IS

1 facts to be disclosed limited to the min2 imum necessary to establish a need for the 

3 employee to be absent from work, and the 

4 employee shall not be required to explain 

5 the details of the domestic violence, sexual 

6 assault, or stalking involved; and 

7 (iii) with respect to confidentiality 

8 under subparagraph (D) of such para9 graph, any information provided to the em10 ployer under this paragraph shall be con11 fidential, except to the extent that any dis12 closure of such information is— 

13 (I) requested or consented to in 

14 writing by the employee; or 

15 (II) otherwise required by appli16 cable Federal or State law. 

17 SEC. 6. POSTING REQUIREMENT. 

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

19 keep posted a notice, to be prepared or approved in ac20 cordance with procedures specified in regulations pre21 scribed under section 13, setting forth excerpts from, or 

22 summaries of, the pertinent provisions of this Act includ23 ing— 

24 (1) information describing paid sick time avail25 able to employees under this Act; 


hsrobinson on PROD1PC76 with BILLS
28 

•S 1152 IS

1 (2) information pertaining to the filing of an 

2 action under this Act; 

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

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

5 and 

6 (4) information that describes— 

7 (A) the protections that an employee has 

8 in exercising rights under this Act; and 

9 (B) how the employee can contact the Sec10 retary (or other appropriate authority as de11 scribed in section 8) if any of the rights are vio12 lated. 

13 (b) LOCATION.—The notice described under sub14 section (a) shall be posted— 

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

16 employer, where notices to employees (including ap17 plicants) are customarily posted; or 

18 (2) in employee handbooks. 

19 (c) VIOLATION; PENALTY.—Any employer who will20 fully violates the posting requirements of this section shall 

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

22 for each separate offense. 

23 SEC. 7. PROHIBITED ACTS. 

24 (a) INTERFERENCE WITH RIGHTS.— 


hsrobinson on PROD1PC76 with BILLS
29 

•S 1152 IS

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

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

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

4 provided under this Act, including— 

5 (A) discharging or discriminating against 

6 (including retaliating against) any individual, 

7 including a job applicant, for exercising, or at8 tempting to exercise, any right provided under 

9 this Act; 

10 (B) using the taking of paid sick time 

11 under this Act as a negative factor in an em12 ployment action, such as hiring, promotion, or 

13 a disciplinary action; or 

14 (C) counting the paid sick time under a 

15 no-fault attendance policy or any other absence 

16 control policy. 

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

18 any employer to discharge or in any other manner 

19 discriminate against (including retaliating against) 

20 any individual, including a job applicant, for oppos21 ing any practice made unlawful by this Act. 

22 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR23 IES.—It shall be unlawful for any person to discharge or 

24 in any other manner discriminate against (including retaliVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
30 

•S 1152 IS

1 ating against) any individual, including a job applicant, 

2 because such individual— 

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

4 caused to be instituted any proceeding, under or re5 lated to this Act; 

6 (2) has given, or is about to give, any informa7 tion in connection with any inquiry or proceeding re8 lating to any right provided under this Act; or 

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

10 inquiry or proceeding relating to any right provided 

11 under this Act. 

12 (c) CONSTRUCTION.—Nothing in this section shall be 

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

14 prohibited by section 105 of the Family and Medical Leave 

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

16 the activities prohibited by this section. 

17 SEC. 8. ENFORCEMENT AUTHORITY. 

18 (a) IN GENERAL.— 

19 (1) DEFINITION.—In this subsection: 

20 (A) the term ‘‘employee’’ means an em21 ployee described in subparagraph (A) or (B) of 

22 section 4(3); and 

23 (B) the term ‘‘employer’’ means an em24 ployer described in subclause (I) or (II) of sec25 tion 4(4)(A)(i). 


hsrobinson on PROD1PC76 with BILLS
31 

•S 1152 IS

1 (2) INVESTIGATIVE AUTHORITY.— 

2 (A) IN GENERAL.—To ensure compliance 

3 with the provisions of this Act, or any regula4 tion or order issued under this Act, the Sec5 retary shall have, subject to subparagraph (C), 

6 the investigative authority provided under sec7 tion 11(a) of the Fair Labor Standards Act of 

8 1938 (29 U.S.C. 211(a)), with respect to em9 ployers, employees, and other individuals af10 fected. 

11 (B) OBLIGATION TO KEEP AND PRESERVE

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

13 preserve records pertaining to compliance with 

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

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

16 211(c)) and in accordance with regulations pre17 scribed by the Secretary. 

18 (C) REQUIRED SUBMISSIONS GENERALLY

19 LIMITED TO AN ANNUAL BASIS.—The Secretary 

20 shall not require, under the authority of this 

21 paragraph, an employer to submit to the Sec22 retary any books or records more than once 

23 during any 12-month period, unless the Sec24 retary has reasonable cause to believe there 

25 may exist a violation of this Act or any regulaVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
32 

•S 1152 IS

1 tion or order issued pursuant to this Act, or is 

2 investigating a charge pursuant to paragraph 

3 (4). 

4 (D) SUBPOENA AUTHORITY.—For the pur5 poses of any investigation provided for in this 

6 paragraph, the Secretary shall have the sub7 poena authority provided for under section 9 of 

8 the Fair Labor Standards Act of 1938 (29 

9 U.S.C. 209). 

10 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID11 UALS.— 

12 (A) RIGHT OF ACTION.—An action to re13 cover the damages or equitable relief prescribed 

14 in subparagraph (B) may be maintained 

15 against any employer in any Federal or State 

16 court of competent jurisdiction by one or more 

17 employees or individuals or their representative 

18 for and on behalf of— 

19 (i) the employees or individuals; or 

20 (ii) the employees or individuals and 

21 others similarly situated. 

22 (B) LIABILITY.—Any employer who vio23 lates section 7 (including a violation relating to 

24 rights provided under section 5) shall be liable 

25 to any employee or individual affected— 


hsrobinson on PROD1PC76 with BILLS
33 

•S 1152 IS

1 (i) for damages equal to— 

2 (I) the amount of— 

3 (aa) any wages, salary, em4 ployment benefits, or other com5 pensation denied or lost by rea6 son of the violation; or 

7 (bb) in a case in which 

8 wages, salary, employment bene9 fits, or other compensation have 

10 not been denied or lost, any ac11 tual monetary losses sustained as 

12 a direct result of the violation up 

13 to a sum equal to 56 hours of 

14 wages or salary for the employee 

15 or individual; 

16 (II) the interest on the amount 

17 described in subclause (I) calculated 

18 at the prevailing rate; and 

19 (III) an additional amount as liq20 uidated damages; and 

21 (ii) for such equitable relief as may be 

22 appropriate, including employment, rein23 statement, and promotion. 

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

25 action under this paragraph shall, in addition to 


hsrobinson on PROD1PC76 with BILLS
34 

•S 1152 IS

1 any judgment awarded to the plaintiff, allow a 

2 reasonable attorney’s fee, reasonable expert wit3 ness fees, and other costs of the action to be 

4 paid by the defendant. 

5 (4) ACTION BY THE SECRETARY.— 

6 (A) ADMINISTRATIVE ACTION.—The Sec7 retary shall receive, investigate, and attempt to 

8 resolve complaints of violations of section 7 (in9 cluding a violation relating to rights provided 

10 under section 5) in the same manner that the 

11 Secretary receives, investigates, and attempts to 

12 resolve complaints of violations of sections 6 

13 and 7 of the Fair Labor Standards Act of 1938 

14 (29 U.S.C. 206 and 207). 

15 (B) CIVIL ACTION.—The Secretary may 

16 bring an action in any court of competent juris17 diction to recover the damages described in 

18 paragraph (3)(B)(i). 

19 (C) SUMS RECOVERED.—Any sums recov20 ered by the Secretary pursuant to subparagraph 

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

22 and shall be paid, on order of the Secretary, di23 rectly to each employee or individual affected. 

24 Any such sums not paid to an employee or indi25 vidual affected because of inability to do so 


hsrobinson on PROD1PC76 with BILLS
35 

•S 1152 IS

1 within a period of 3 years shall be deposited 

2 into the Treasury of the United States as mis3 cellaneous receipts. 

4 (5) LIMITATION.— 

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

6 subparagraph (B), an action may be brought 

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

8 2 years after the date of the last event consti9 tuting the alleged violation for which the action 

10 is brought. 

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

12 an action brought for a willful violation of sec13 tion 7 (including a willful violation relating to 

14 rights provided under section 5), such action 

15 may be brought within 3 years of the date of 

16 the last event constituting the alleged violation 

17 for which such action is brought. 

18 (C) COMMENCEMENT.—In determining 

19 when an action is commenced under paragraph 

20 (3), (4), or (6) for the purposes of this para21 graph, it shall be considered to be commenced 

22 on the date when the complaint is filed. 

23 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

24 The district courts of the United States shall have 


hsrobinson on PROD1PC76 with BILLS
36 

•S 1152 IS

1 jurisdiction, for cause shown, in an action brought 

2 by the Secretary— 

3 (A) to restrain violations of section 7 (in4 cluding a violation relating to rights provided 

5 under section 5), including the restraint of any 

6 withholding of payment of wages, salary, em7 ployment benefits, or other compensation, plus 

8 interest, found by the court to be due to em9 ployees or individuals eligible under this Act; or 

10 (B) to award such other equitable relief as 

11 may be appropriate, including employment, re12 instatement, and promotion. 

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

14 Labor may appear for and represent the Secretary 

15 on any litigation brought under paragraph (4) or 

16 (6). 

17 (8) GOVERNMENT ACCOUNTABILITY OFFICE

18 AND LIBRARY OF CONGRESS.—Notwithstanding any 

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

20 Government Accountability Office and the Library of 

21 Congress, the authority of the Secretary of Labor 

22 under this subsection shall be exercised respectively 

23 by the Comptroller General of the United States and 

24 the Librarian of Congress. 


hsrobinson on PROD1PC76 with BILLS
37 

•S 1152 IS

1 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC2 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

3 procedures provided in the Congressional Accountability 

4 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de5 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

9 person, alleging an unlawful employment practice in viola10 tion of this Act against an employee described in section 

11 4(3)(C). 

12 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

13 3, UNITED STATES CODE.—The powers, remedies, and 

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

15 Code, to the President, the Merit Systems Protection 

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

17 412(a)(1) of that title, shall be the powers, remedies, and 

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

19 or any person, respectively, alleging an unlawful employ20 ment practice in violation of this Act against an employee 

21 described in section 4(3)(D). 

22 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

23 5, UNITED STATES CODE.—The powers, remedies, and 

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

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


hsrobinson on PROD1PC76 with BILLS
38 

•S 1152 IS

1 the Merit Systems Protection Board, or provided in that 

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

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

4 this Act provides to that agency, that Board, or any per5 son, respectively, alleging an unlawful employment prac6 tice in violation of this Act against an employee described 

7 in section 4(3)(E). 

8 (e) REMEDIES FOR STATE EMPLOYEES.— 

9 (1) WAIVER OF SOVEREIGN IMMUNITY.—A 

10 State’s receipt or use of Federal financial assistance 

11 for any program or activity of a State shall con12 stitute a waiver of sovereign immunity, under the 

13 11th amendment to the Constitution or otherwise, to 

14 a suit brought by an employee of that program or 

15 activity under this Act for equitable, legal, or other 

16 relief authorized under this Act. 

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

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

19 any employee who has complied with the procedures 

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

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

22 may award to the prevailing party those costs au23 thorized by section 722 of the Revised Statutes (42 

24 U.S.C. 1988). 


hsrobinson on PROD1PC76 with BILLS
39 

•S 1152 IS

1 (3) APPLICABILITY.—With respect to a par2 ticular program or activity, paragraph (1) applies to 

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

4 of enactment of this Act, on which a State first re5 ceives or uses Federal financial assistance for that 

6 program or activity. 

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

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

9 the meaning given the term in section 606 of the 

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

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

12 FURTHER STUDY. 

13 (a) COMPILATION OF INFORMATION.—Effective 90 

14 days after the date of enactment of this Act, the Commis15 sioner of Labor Statistics shall annually compile informa16 tion on the following: 

17 (1) The number of employees who used paid 

18 sick time. 

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

20 used. 

21 (3) The number of employees who used paid 

22 sick time for absences necessary due to domestic vio23 lence, sexual assault, or stalking. 


hsrobinson on PROD1PC76 with BILLS
40 

•S 1152 IS

1 (4) The demographic characteristics of employ2 ees who were eligible for and who used paid sick 

3 time. 

4 (b) GAO STUDY.— 

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

6 the United States shall annually conduct a study to 

7 determine the following: 

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

9 paid sick time and the reasons for the use. 

10 (ii) The number of employees who used the 

11 paid sick time for periods of time covering more 

12 than 3 consecutive workdays. 

13 (B) The cost and benefits to employers of 

14 implementing the paid sick time policies. 

15 (C) The cost to employees of providing cer16 tification to obtain the paid sick time. 

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

18 employees and their family members, including 

19 effects on employees’ ability to care for their 

20 family members or to provide for their own 

21 health needs. 

22 (E) Whether the paid sick time affected 

23 employees’ ability to sustain an adequate in24 come while meeting needs of the employees and 

25 their family members. 


hsrobinson on PROD1PC76 with BILLS
41 

•S 1152 IS

1 (F) Whether employers who administered 

2 paid sick time policies prior to the date of en3 actment of this Act were affected by the provi4 sions of this Act. 

5 (G) Whether other types of leave were af6 fected by this Act. 

7 (H) Whether paid sick time affected reten8 tion and turnover and costs of presenteeism. 

9 (I) Whether the paid sick time increased 

10 the use of less costly preventive medical care 

11 and lowered the use of emergency room care. 

12 (J) Whether the paid sick time reduced the 

13 number of children sent to school when the chil14 dren were sick. 

15 (2) AGGREGATING DATA.—The data collected 

16 under subparagraphs (A) and (D) of paragraph (1) 

17 shall be aggregated by gender, race, disability, earn18 ings level, age, marital status, family type, including 

19 parental status, and industry. 

20 (3) REPORTS.— 

21 (A) IN GENERAL.—Not later than 18 

22 months after the date of enactment of this Act, 

23 the Comptroller General of the United States 

24 shall prepare and submit a report to the appro25 priate committees of Congress concerning the 


hsrobinson on PROD1PC76 with BILLS
42 

•S 1152 IS

1 results of the study conducted pursuant to 

2 paragraph (1) and the data aggregated under 

3 paragraph (2). 

4 (B) FOLLOWUP REPORT.—Not later than 

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

6 the Comptroller General of the United States 

7 shall prepare and submit a followup report to 

8 the appropriate committees of Congress con9 cerning the results of the study conducted pur10 suant to paragraph (1) and the data aggregated 

11 under paragraph (2). 

12 SEC. 10. EFFECT ON OTHER LAWS. 

13 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

15 or affect any Federal or State law prohibiting discrimina16 tion on the basis of race, religion, color, national origin, 

17 sex, age, or disability. 

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

19 shall be construed to supersede (including preempting) 

20 any provision of any State or local law that provides great21 er paid sick time or leave rights (including greater paid 

22 sick time or leave, or greater coverage of those eligible for 

23 paid sick time or leave) than the rights established under 

24 this Act. 


hsrobinson on PROD1PC76 with BILLS
43 

•S 1152 IS

1 SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

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

3 be construed to diminish the obligation of an employer to 

4 comply with any contract, collective bargaining agreement, 

5 or any employment benefit program or plan that provides 

6 greater paid sick leave or other leave rights to employees 

7 or individuals than the rights established under this Act. 

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

9 employees under this Act shall not be diminished by any 

10 contract, collective bargaining agreement, or any employ11 ment benefit program or plan. 

12 SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

13 POLICIES. 

14 Nothing in this Act shall be construed to discourage 

15 employers from adopting or retaining leave policies more 

16 generous than policies that comply with the requirements 

17 of this Act. 

18 SEC. 13. REGULATIONS. 

19 (a) IN GENERAL.— 

20 (1) AUTHORITY.—Except as provided in para21 graph (2), not later than 180 days after the date of 

22 enactment of this Act, the Secretary shall prescribe 

23 such regulations as are necessary to carry out this 

24 Act with respect to employees described in subpara25 graph (A) or (B) of section 4(3) and other individVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
44 

•S 1152 IS

1 uals affected by employers described in subclause (I) 

2 or (II) of section 4(4)(A)(i). 

3 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI4 BRARY OF CONGRESS.—The Comptroller General of 

5 the United States and the Librarian of Congress 

6 shall prescribe the regulations with respect to em7 ployees of the Government Accountability Office and 

8 the Library of Congress, respectively and other indi9 viduals affected by the Comptroller General of the 

10 United States and the Librarian of Congress, re11 spectively. 

12 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC13 COUNTABILITY ACT OF 1995.— 

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

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

16 of Directors of the Office of Compliance shall pre17 scribe (in accordance with section 304 of the Con18 gressional Accountability Act of 1995 (2 U.S.C. 

19 1384)) such regulations as are necessary to carry 

20 out this Act with respect to employees described in 

21 section 4(3)(C) and other individuals affected by em22 ployers described in section 4(4)(A)(i)(III). 

23 (2) AGENCY REGULATIONS.—The regulations 

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

25 substantive regulations promulgated by the SecVerDate Nov 24 2008 18:57 May 24, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1152.IS S1152

hsrobinson on PROD1PC76 with BILLS
45 

•S 1152 IS

1 retary to carry out this Act except insofar as the 

2 Board may determine, for good cause shown and 

3 stated together with the regulations prescribed 

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

5 regulations would be more effective for the imple6 mentation of the rights and protections involved 

7 under this section. 

8 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

9 3, UNITED STATES CODE.— 

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

11 after the date of enactment of this Act, the Presi12 dent (or the designee of the President) shall pre13 scribe such regulations as are necessary to carry out 

14 this Act with respect to employees described in sec15 tion 4(3)(D) and other individuals affected by em16 ployers described in section 4(4)(A)(i)(IV). 

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 President (or designee) may determine, for good 

22 cause shown and stated together with the regula23 tions prescribed under paragraph (1), that a modi24 fication of such regulations would be more effective 


hsrobinson on PROD1PC76 with BILLS
46 

•S 1152 IS

1 for the implementation of the rights and protections 

2 involved under this section. 

3 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

4 5, UNITED STATES CODE.— 

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

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

7 of the Office of Personnel Management shall pre8 scribe such regulations as are necessary to carry out 

9 this Act with respect to employees described in sec10 tion 4(3)(E) and other individuals affected by em11 ployers described in section 4(4)(A)(i)(V). 

12 (2) AGENCY REGULATIONS.—The regulations 

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

14 substantive regulations promulgated by the Sec15 retary to carry out this Act except insofar as the Di16 rector may determine, for good cause shown and 

17 stated together with the regulations prescribed 

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

19 regulations would be more effective for the imple20 mentation of the rights and protections involved 

21 under this section. 

22 SEC. 14. EFFECTIVE DATES. 

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

24 months after the date of issuance of regulations under sec25 tion 13(a)(1). 


hsrobinson on PROD1PC76 with BILLS
47 

•S 1152 IS

1 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

2 case of a collective bargaining agreement in effect on the 

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

4 take effect on the earlier of— 

5 (1) the date of the termination of such agree6 ment; or 

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

8 date of issuance of regulations under section 

9 13(a)(1). 

Æ 


hsrobinson on PROD1PC76 with BILLS