II 

108TH CONGRESS 

2D SESSION S. 2520 

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

own health needs and the health needs of their families. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2004 

Mr. KENNEDY (for himself, Mr. CORZINE, Ms. MIKULSKI, Mrs. MURRAY, Mr. 

DURBIN, Mr. AKAKA, and Mr. FEINGOLD) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for paid sick leave to ensure that Americans 

can address their own health needs and the health needs 

of their families. 

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

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 to take time off 

8 for their own health care needs or to perform essen9 tial caretaking responsibilities for a wide range of 
2 

•S 2520 IS 

1 family members, including, among others, their chil2 dren, spouse, parents, and parents-in-law, and other 

3 children and adults for whom they are caretakers. 

4 (2) Health care needs include preventive health 

5 care, diagnostic procedures, medical treatment, and 

6 recovery in response to short- and long-term ill7 nesses and injuries. 

8 (3) Providing employees time off to tend to 

9 their own health care needs ensures that they will be 

10 healthier in the long run. Preventive care helps avoid 

11 illnesses and injuries and routine medical care helps 

12 detect illnesses early and shorten the duration of ill13 nesses. 

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

15 children who become sick, the children’s recovery is 

16 faster, more serious illnesses are prevented, and the 

17 children’s overall mental and physical health is im18 proved. Parents who cannot afford to miss work and 

19 must send children with a contagious illness to child 

20 care or school contribute to the high rate of infec21 tions in child care centers and schools. 

22 (5) Routine medical care results in savings by 

23 decreasing medical costs by detecting and treating 

24 illness and injury early, decreasing the need for 

25 emergency care. These savings benefit public and 
3 

•S 2520 IS 

1 private payers of health insurance, including private 

2 businesses. 

3 (6) The provision of individual and family sick 

4 leave by large and small businesses, both here in the 

5 United States and elsewhere, demonstrates that pol6 icy solutions are both feasible and affordable in a 

7 competitive economy. Measures that ensure that em8 ployees are both in good health themselves and do 

9 not need to worry about unmet family health prob10 lems help businesses by promoting productivity and 

11 reducing employee turnover. 

12 (7) The absence of sick leave has forced Ameri13 cans to make untenable choices between needed in14 come and jobs on the one hand and caring for their 

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

16 (8) The majority of middle income Americans 

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

18 member. Low-income Americans are significantly 

19 worse off. Of the poorest families (the lowest quar20 tile), 76 percent lack regular sick leave. For families 

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

22 respectively lack regular sick leave. Even in the 

23 highest income quartile, 40 percent of families lack 

regular sick leave. Less than 1 24 ⁄2 of workers who have 

25 paid sick leave can use it to care for ill children. 
4 

•S 2520 IS 

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

2 Americans from all demographic groups can care for 

3 their own health and the health of their families 

4 while prospering at work. 

5 (10) Due to the nature of the roles of men and 

6 women in society, the primary responsibility for fam7 ily caretaking often falls on women, and such re8 sponsibility affects the working lives of women more 

9 than it affects the working lives of men. 

10 (11) Although women are still primarily respon11 sible for family caretaking, an increasing number of 

12 men are taking on caretaking obligations, and men 

13 who request leave time for caretaking purposes are 

14 often penalized because of stereotypes that care15 taking is only ‘‘women’s work’’. 

16 (12) Employers’ reliance on persistent stereo17 types about the ‘‘proper’’ roles of both men and 

18 women in the workplace and in the home hurts both 

19 men and women. 

20 (13) 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. 

24 SEC. 3. PURPOSES. 

25 The purposes of this Act are— 
5 

•S 2520 IS 

1 (1) to ensure that all working Americans can 

2 address their own health needs and the health needs 

3 of their families by requiring employers to provide a 

4 minimum level of paid sick leave including leave for 

5 family care; 

6 (2) to diminish public and private health care 

7 costs by enabling workers to seek early and routine 

8 medical care for themselves and their family mem9 bers; 

10 (3) to accomplish the purposes described in 

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

12 for employers; 

13 (4) to accomplish the purposes described in 

14 paragraphs (1) and (2) in a manner that, consistent 

15 with the portion of the 14th amendment to the Con16 stitution relating to equal protection of the laws, 

17 minimizes the potential for employment discrimina18 tion on the basis of sex by ensuring generally that 

19 leave is available for eligible medical reasons on a 

20 gender-neutral basis; and 

21 (5) to promote the goal of equal employment 

22 opportunity for women and men, pursuant to such 

23 clause. 

24 SEC. 4. DEFINITIONS. 

25 In this Act: 
6 

•S 2520 IS 

1 (1) CHILD.—The term ‘‘child’’ means a biologi2 cal, foster, or adopted child, a stepchild, a legal 

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

4 parentis, who is— 

5 (A) under 18 years of age; or 

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

7 of self-care because of a mental or physical dis8 ability. 

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

10 an individual— 

11 (A) who is— 

12 (i)(I) an employee (including an appli13 cant), as defined in section 3(e) of the Fair 

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

15 203(e)), who is not covered under clause 

16 (v), including such an employee of the Li17 brary of Congress, except that a reference 

18 in such section to an employer shall be 

19 considered to be a reference to an employer 

20 described in clauses (i)(I) and (ii) of para21 graph (3)(A); or 

22 (II) an employee (including an appli23 cant) of the General Accounting Office; 

24 (ii) a State employee (including an ap25 plicant) described in section 304(a) of the 
7 

•S 2520 IS 

1 Government Employee Rights Act of 1991 

2 (42 U.S.C. 2000e–16c(a)); 

3 (iii) a covered employee (including an 

4 applicant), as defined in section 101 of the 

5 Congressional Accountability Act of 1995 

6 (2 U.S.C. 1301); 

7 (iv) a covered employee (including an 

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

9 title 3, United States Code; or 

10 (v) an employee or applicant to which 

11 section 717(a) of the Civil Rights Act of 

12 1964 (42 U.S.C. 2000e–16(a)) applies, 

13 other than an employee or applicant of the 

14 General Accounting Office or the Library 

15 of Congress; and 

16 (B) who, on a year-round basis, regularly 

17 works at least 20 hours per week or, in the al18 ternative, at least 1,000 hours per year. 

19 (3) EMPLOYER.— 

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

21 means a person who is— 

22 (i)(I) an employer (as defined in sec23 tion 101(4) of the Family and Medical 

24 Leave Act of 1993 (29 U.S.C. 2611(4))), 

25 who is not covered under clause (v), includ-
8 

•S 2520 IS 

1 ing the General Accounting Office and the 

2 Library of Congress, except that a ref3 erence in such section to 50 or more em4 ployees shall be considered to be a ref5 erence to 15 or more employees; 

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 entity to which section 717(a) 

16 of the Civil Rights Act of 1964 applies, 

17 other than the General Accounting Office 

18 or the Library of Congress; and 

19 (ii) is engaged in commerce (including 

20 government), in the production of goods 

21 for commerce, or in an enterprise engaged 

22 in commerce (including government) or in 

23 the production of goods for commerce. 
9 

•S 2520 IS 

1 (B) PREDECESSORS.—Any reference in 

2 this paragraph to an employer shall include a 

3 reference to any predecessor of such employer. 

4 (4) EMPLOYMENT BENEFITS.—The term ‘‘em5 ployment benefits’’ has the meaning given the term 

6 in section 101 of the Family and Medical Leave Act 

7 of 1993 (29 U.S.C. 2611). 

8 (5) HEALTH CARE PROFESSIONAL.—The term 

9 ‘‘health care professional’’ has the meaning given the 

10 term ‘‘health care provider’’ in section 101 of the 

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

12 2611). 

13 (6) PARENT.—The term ‘‘parent’’ means a bio14 logical, foster, or adoptive parent of an employee, a 

15 stepparent of an employee, or a legal guardian or 

16 other person who stood in loco parentis to an em17 ployee when the employee was a child. 

18 (7) PRO RATA.—The term ‘‘pro rata’’, with re19 spect to benefits offered to part-time employees, 

20 means the proportion of each of the benefits offered 

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

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

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

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

25 the Secretary of Labor. 
10 

•S 2520 IS 

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

2 an increment of compensated leave provided by an 

3 employer to an employee as a benefit of employment 

4 for use by the employee during an absence from em5 ployment for any of the reasons described in para6 graphs (1) through (4) of section 5(d). 

7 (10) SPOUSE.—The term ‘‘spouse’’, with re8 spect to an employee, has the meaning given such 

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

10 employee resides. 

11 SEC. 5. PROVISION OF PAID SICK LEAVE. 

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

13 each employee employed by the employer not less than— 

14 (1) 7 days of sick leave with pay annually for 

15 employees working 30 or more hours per week; or 

16 (2) a pro rata number of days of sick leave with 

17 pay annually for employees working less than— 

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

19 basis; or 

20 (B) 1,500 hours throughout the year in21 volved. 

22 (b) ACCRUAL.—Sick leave provided for under this 

23 section shall accrue as determined appropriate by the em24 ployer, but not on less than a quarterly basis. Leave may 
11 

•S 2520 IS 

1 be used as accrued or may be loaned by the employer to 

2 the employee in advance of accrual by such employee. 

3 (c) CALCULATION.— 

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

5 employer and employee agree to designate otherwise, 

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

7 workday, that leave shall be counted— 

8 (A) on an hourly basis; or 

9 (B) in the smallest increment that the em10 ployer’s payroll system uses to account for ab11 sences or use of leave. 

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

13 an employee varies from week to week, a weekly av14 erage of the hours worked over the 12-week period 

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

16 used to calculate the employee’s normal workweek 

17 for the purpose of determining the amount of sick 

18 leave to which the employee is entitled. 

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

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

21 (1) An absence resulting from a physical or 

22 mental illness, injury, or medical condition of the 

23 employee. 

24 (2) An absence resulting from obtaining profes25 sional medical diagnosis or care, or preventive med-
12 

•S 2520 IS 

1 ical care, for the employee subject to the require2 ment of subsection (e). 

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

4 child, a parent, a spouse, or any other individual re5 lated by blood or affinity whose close association 

6 with the employee is the equivalent of a family rela7 tionship, who has— 

8 (A) any of the conditions or needs for di9 agnosis or care described in paragraph (1) or 

10 (2); and 

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

12 child, is otherwise in need of care. 

13 (e) SCHEDULING.—An employee shall make a reason14 able effort to schedule leave under paragraphs (2) and (3) 

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

16 the operations of the employer. 

17 (f) CERTIFICATION.— 

18 (1) IN GENERAL.—Paid sick leave shall be pro19 vided upon the oral or written request of an em20 ployee. Such request shall— 

21 (A) include a reason for the absence in22 volved and the expected duration of the leave; 

23 (B) for foreseeable leave, be provided at 

24 least 7 days in advance of such leave; and 
13 

•S 2520 IS 

1 (C) for unforeseeable leave for which ad2 vance notice cannot be given, be provided as 

3 soon as practicable after the employee is aware 

4 of the need to take such leave. 

5 (2) CERTIFICATION.— 

6 (A) PROVISION.— 

7 (i) IN GENERAL.—An employer may 

8 require that a request for leave for more 

9 than 3 consecutive days be supported by a 

10 certification issued by the health care pro11 fessional of the eligible employee or of an 

12 individual described in subsection (d)(3), 

13 as appropriate. 

14 (ii) TIMELINESS.—The employee shall 

15 provide a copy of such certification to the 

16 employer in a timely manner, not later 

17 than 30 days after the first day of the 

18 leave. The employer shall not delay the 

19 commencement of the leave on the basis 

20 that the employer has not yet received the 

21 certification. 

22 (B) SUFFICIENT CERTIFICATION.— 

23 (i) IN GENERAL.—A certification pro24 vided under subparagraph (A) shall be suf25 ficient if it states— 
14 

•S 2520 IS 

1 (I) the date on which the leave 

2 will be needed; 

3 (II) the probable duration of the 

4 leave; 

5 (III) the appropriate medical 

6 facts within the knowledge of the 

7 health care professional regarding the 

8 condition involved, subject to clause 

9 (ii); and 

10 (IV)(aa) for purposes of leave 

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

12 that leave from work is medically nec13 essary; 

14 (bb) for purposes of leave under 

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

16 testing for a medical diagnosis or 

17 treatment is expected to be given and 

18 the duration of such treatment or 

19 testing; and 

20 (cc) for purposes of leave under 

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

22 to care for someone who is not a 

23 child, a statement that the eligible 

24 employee is needed to care for an in25 dividual described in such subsection, 
15 

•S 2520 IS 

1 and an estimate of the amount of 

2 time that such employee is needed to 

3 care for such individual. 

4 (ii) LIMITATION.—In issuing a certifi5 cation under subparagraph (A), a health 

6 care professional shall make reasonable ef7 forts to limit the medical facts described in 

8 clause (i)(III) that are disclosed in the cer9 tification to the minimum necessary to es10 tablish a need for the employee to utilize 

11 paid sick leave. 

12 (C) CONFIDENTIALITY AND NONDISCLO13 SURE.— 

14 (i) PROTECTED HEALTH INFORMA15 TION.—Nothing in this Act shall be con16 strued to require a health care professional 

17 to disclose information in violation of sec18 tion 1177 of the Social Security Act (42 

19 U.S.C. 1320d–6) or the regulations pro20 mulgated pursuant to section 264(c) of the 

21 Health Insurance Portability and Account22 ability Act (42 U.S.C. 1320d–2 note). 

23 (ii) HEALTH INFORMATION

24 RECORDS.—If an employer possesses 

25 health information about an employee or 
16 

•S 2520 IS 

1 an employee’s child, parent, spouse or 

2 other individual described in subsection 

3 (d)(3), such information shall— 

4 (I) be maintained on a separate 

5 form and in a separate file from other 

6 personnel information; 

7 (II) be treated as a confidential 

8 medical record; and 

9 (III) not be disclosed except to 

10 the affected employee or with the per11 mission of the affected employee. 

12 (g) CURRENT LEAVE POLICIES.— 

13 (1) EQUIVALENCY REQUIREMENT.—An em14 ployer with a leave policy providing paid leave op15 tions shall not be required to modify such policy, if 

16 such policy offers an employee the option, at the em17 ployee’s discretion, to take paid sick leave that is at 

18 least equivalent to the sick leave described in para19 graphs (1) and (2) of subsection (a) and subsection 

20 (d). 

21 (2) NO ELIMINATION OR REDUCTION OF

22 LEAVE.—An employer may not eliminate or reduce 

23 leave in existence on the date of enactment of this 

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

25 comply with the provisions of this Act. 
17 

•S 2520 IS 

1 SEC. 6. POSTING REQUIREMENT. 

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

3 keep posted a notice, to be prepared or approved in ac4 cordance with procedures specified in regulations issued 

5 under section 13, setting forth excerpts from, or sum6 maries of, the pertinent provisions of this Act including— 

7 (1) information describing leave available to 

8 employees under this Act; 

9 (2) information pertaining to the filing of an 

10 action under this Act; and 

11 (3) the details of the notice requirement for 

12 foreseeable leave under section 5(f)(1)(B). 

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.— 

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

26 for any employer to interfere with, restrain, or deny 
18 

•S 2520 IS 

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

2 provided under this Act. 

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

4 any employer to discharge or in any other manner 

5 discriminate or otherwise retaliate against any indi6 vidual for opposing any practice made unlawful by 

7 this Act. 

8 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIR9 IES.—It shall be unlawful for any person to discharge or 

10 in any other manner discriminate against any individual 

11 because such individual— 

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

13 caused to be instituted any proceeding, under or re14 lated to this Act; 

15 (2) has given, or is about to give, any informa16 tion in connection with any inquiry or proceeding re17 lating to any right provided under this Act; or 

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

19 inquiry or proceeding relating to any right provided 

20 under this Act. 

21 SEC. 8. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. 

22 (a) EMPLOYEES COVERED BY TITLE I OF FAMILY

23 AND MEDICAL LEAVE ACT OF 1993 OR GOVERNMENT

24 EMPLOYEE RIGHTS ACT OF 1991.— 

25 (1) DEFINITION.—In this subsection: 
19 

•S 2520 IS 

1 (A) the term ‘‘employee’’ means an em2 ployee described in clause (i) or (ii) of section 

3 4(2)(A); and 

4 (B) the term ‘‘employer’’ means an em5 ployer described in clauses (i)(I) and (ii), or 

6 clauses (i)(II) and (ii), of section 4(3)(A). 

7 (2) INVESTIGATIVE AUTHORITY.— 

8 (A) IN GENERAL.—To ensure compliance 

9 with the provisions of this Act, or any regula10 tion or order issued under this Act, the Sec11 retary shall have, subject to subparagraph (C), 

12 the investigative authority provided under sec13 tion 11(a) of the Fair Labor Standards Act of 

14 1938 (29 U.S.C. 211(a)), with respect to em15 ployees and employers. 

16 (B) OBLIGATION TO KEEP AND PRESERVE

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

18 preserve records pertaining to compliance with 

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

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

21 211(c)) and in accordance with regulations 

22 issued by the Secretary. 

23 (C) REQUIRED SUBMISSIONS GENERALLY

24 LIMITED TO AN ANNUAL BASIS.—The Secretary 

25 shall not require, under the authority of this 
20 

•S 2520 IS 

1 paragraph, an employer to submit to the Sec2 retary any books or records more than once 

3 during any 12-month period, unless the Sec4 retary has reasonable cause to believe there 

5 may exist a violation of this Act or any regula6 tion or order issued pursuant to this Act, or is 

7 investigating a charge pursuant to paragraph 

8 (4). 

9 (D) SUBPOENA AUTHORITY.—For the pur10 poses of any investigation provided for in this 

11 paragraph, the Secretary shall have the sub12 poena authority provided for under section 9 of 

13 the Fair Labor Standards Act of 1938 (29 

14 U.S.C. 209). 

15 (3) CIVIL ACTION BY EMPLOYEES.— 

16 (A) RIGHT OF ACTION.—An action to re17 cover the damages or equitable relief prescribed 

18 in subparagraph (B) may be maintained 

19 against any employer in any Federal or State 

20 court of competent jurisdiction by one or more 

21 employees or their representative for and on be22 half of— 

23 (i) the employees; or 

24 (ii) the employees and other employ25 ees similarly situated. 
21 

•S 2520 IS 

1 (B) LIABILITY.—Any employer who vio2 lates section 7 (including a violation relating to 

3 rights provided under section 5) shall be liable 

4 to any employee affected— 

5 (i) for damages equal to— 

6 (I) the amount of— 

7 (aa) any wages, salary, em8 ployment benefits, or other com9 pensation denied or lost to such 

10 employee by reason of the viola11 tion; or 

12 (bb) in a case in which 

13 wages, salary, employment bene14 fits, or other compensation have 

15 not been denied or lost to the 

16 employee, any actual monetary 

17 losses sustained by the employee 

18 as a direct result of the violation 

19 up to a sum equal to 7 days of 

20 wages or salary for the employee; 

21 (II) the interest on the amount 

22 described in subclause (I) calculated 

23 at the prevailing rate; and 

24 (III) an additional amount as liq25 uidated damages; and 
22 

•S 2520 IS 

1 (ii) for such equitable relief as may be 

2 appropriate, including employment, rein3 statement, and promotion. 

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

5 action under this paragraph shall, in addition to 

6 any judgment awarded to the plaintiff, allow a 

7 reasonable attorney’s fee, reasonable expert wit8 ness fees, and other costs of the action to be 

9 paid by the defendant. 

10 (4) ACTION BY THE SECRETARY.— 

11 (A) ADMINISTRATIVE ACTION.—The Sec12 retary shall receive, investigate, and attempt to 

13 resolve complaints of violations of section 7 (in14 cluding a violation relating to rights provided 

15 under section 5) in the same manner that the 

16 Secretary receives, investigates, and attempts to 

17 resolve complaints of violations of sections 6 

18 and 7 of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 206 and 207). 

20 (B) CIVIL ACTION.—The Secretary may 

21 bring an action in any court of competent juris22 diction to recover the damages described in 

23 paragraph (3)(B)(i). 

24 (C) SUMS RECOVERED.—Any sums recov25 ered by the Secretary pursuant to subparagraph 
23 

•S 2520 IS 

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

2 and shall be paid, on order of the Secretary, di3 rectly to each employee affected. Any such sums 

4 not paid to an employee because of inability to 

5 do so within a period of 3 years shall be depos6 ited into the Treasury of the United States as 

7 miscellaneous receipts. 

8 (5) LIMITATION.— 

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

10 subparagraph (B), an action may be brought 

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

12 2 years after the date of the last event consti13 tuting the alleged violation for which the action 

14 is brought. 

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

16 an action brought for a willful violation of sec17 tion 7 (including a willful violation relating to 

18 rights provided under section 5), such action 

19 may be brought within 3 years of the date of 

20 the last event constituting the alleged violation 

21 for which such action is brought. 

22 (C) COMMENCEMENT.—In determining 

23 when an action is commenced under paragraph 

24 (3), (4), or (6) for the purposes of this para-
24 

•S 2520 IS 

1 graph, it shall be considered to be commenced 

2 on the date when the complaint is filed. 

3 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

4 The district courts of the United States shall have 

5 jurisdiction, for cause shown, in an action brought 

6 by the Secretary— 

7 (A) to restrain violations of section 7 (in8 cluding a violation relating to rights provided 

9 under section 5), including the restraint of any 

10 withholding of payment of wages, salary, em11 ployment benefits, or other compensation, plus 

12 interest, found by the court to be due to em13 ployees eligible under this Act; or 

14 (B) to award such other equitable relief as 

15 may be appropriate, including employment, re16 instatement, and promotion. 

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

18 Labor may appear for and represent the Secretary 

19 on any litigation brought under paragraph (4) or 

20 (6). 

21 (8) GENERAL ACCOUNTING OFFICE AND LI22 BRARY OF CONGRESS.—Notwithstanding any other 

23 provision of this subsection, in the case of the Gen24 eral Accounting Office and the Library of Congress, 

25 the authority of the Secretary of Labor under this 
25 

•S 2520 IS 

1 subsection shall be exercised respectively by the 

2 Comptroller General of the United States and the 

3 Librarian of Congress. 

4 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC5 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

6 procedures provided in the Congressional Accountability 

7 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de8 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

12 person, alleging an unlawful employment practice in viola13 tion of this Act against an employee described in section 

14 4(2)(A)(iii). 

15 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

16 3, UNITED STATES CODE.—The powers, remedies, and 

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

18 Code, to the President, the Merit Systems Protection 

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

20 412(a)(1) of that title, shall be the powers, remedies, and 

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

22 or any person, respectively, alleging an unlawful employ23 ment practice in violation of this Act against an employee 

24 described in section 4(2)(A)(iv). 
26 

•S 2520 IS 

1 (d) EMPLOYEES COVERED BY SECTION 717 of the 

2 CIVIL RIGHTS ACT OF 1964.—The powers, remedies, and 

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

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

5 the Merit Systems Protection Board, or provided in that 

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

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

8 this Act provides to that agency, that Board, or any per9 son, respectively, alleging an unlawful employment prac10 tice in violation of this Act against an employee described 

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

12 SEC. 9. GAO STUDY. 

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

14 United States shall conduct a study to determine the fol15 lowing: 

16 (1) The number of days employees used paid 

17 sick leave including— 

18 (A) the number of employees who used 

19 paid sick leave annually; and 

20 (B) the number of days employees used 

21 paid sick leave for their illnesses, or illnesses 

22 of— 

23 (i) a child; 

24 (ii) a spouse; 

25 (iii) a parent; or 
27 

•S 2520 IS 

1 (iv) any other individual. 

2 (2) Whether employees used paid sick leave to 

3 care for illnesses or conditions caused by domestic 

4 violence against the employees or their family mem5 bers. 

6 (3) The cost to employers of implementing paid 

7 sick leave policies. 

8 (4) The benefits to employers of implementing 

9 the policies, including improvements in retention and 

10 absentee rates and productivity. 

11 (5) The benefits of paid sick leave to employees 

12 and their family members. 

13 (6) Whether the provision of paid sick leave has 

14 affected the ability of employees to care for their 

15 family members. 

16 (7) Whether and in what way the provision of 

17 paid sick leave affected the ability of employees to 

18 provide for their health needs. 

19 (8) Whether the provision of paid sick leave af20 fected the ability of employees to sustain an ade21 quate income while meeting health needs of the em22 ployees and their family members. 

23 (9) Whether employers who administered paid 

24 sick leave policies prior to the date of enactment of 

25 this Act were affected by the provisions of this Act. 
28 

•S 2520 IS 

1 (10) Whether other types of leave were affected 

2 by this Act including whether this Act affected— 

3 (A) paid vacation leave; 

4 (B) paid family or medical leave; or 

5 (C) personal leave. 

6 (11) Whether paid sick leave affected retention 

7 and turnover. 

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

9 paragraphs (1), (2), and (6) of subsection (a) shall be ag10 gregated by gender, race, disability, earnings level, age, 

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

12 (c) REPORTS.— 

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

14 after the date of enactment of this Act, the Comp15 troller General of the United States shall prepare 

16 and submit a report to the appropriate committees 

17 of Congress concerning the results of the study con18 ducted pursuant to subsection (a) and the data ag19 gregated under subsection (b). 

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

21 years after the date of enactment of this Act the 

22 Comptroller General of the United States shall pre23 pare and submit a followup report to the appropriate 

24 committees of Congress concerning the results of the 
29 

•S 2520 IS 

1 study conducted pursuant to subsection (a) and the 

2 data aggregated under subsection (b). 

3 SEC. 10. EFFECT ON OTHER LAWS. 

4 (a) FEDERAL AND STATE ANTIDISCRIMINATION

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

6 or affect any Federal or State law prohibiting discrimina7 tion on the basis of race, religion, color, national origin, 

8 sex, age, or disability. 

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

10 shall be construed to supersede any provision of any State 

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

12 leave rights than the rights established under this Act. 

13 SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 

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

15 be construed to diminish the obligation of an employer to 

16 comply with any contract, collective bargaining agreement, 

17 or any employment benefit program or plan that provides 

18 greater paid sick leave rights to employees than the rights 

19 established under this Act. 

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

21 employees under this Act shall not be diminished by any 

22 contract, collective bargaining agreement, or any employ23 ment benefit program or plan. 
30 

•S 2520 IS 

1 SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 

2 POLICIES. 

3 Nothing in this Act shall be construed to discourage 

4 employers from adopting or retaining leave policies more 

5 generous than policies that comply with the requirements 

6 of this Act. 

7 SEC. 13. REGULATIONS. 

8 (a) EMPLOYEES COVERED BY TITLE I OF FAMILY

9 AND MEDICAL LEAVE ACT OF 1993 OR GOVERNMENT

10 EMPLOYEE RIGHTS ACT OF 1991.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), not later than 120 days after the date of 

13 enactment of this Act, the Secretary shall prescribe 

14 such regulations as are necessary to carry out this 

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

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

17 (2) GENERAL ACCOUNTING OFFICE; LIBRARY

18 OF CONGRESS.—The Comptroller General of the 

19 United States and the Librarian of Congress shall 

20 prescribe the regulations with respect to employees 

21 of the General Accounting Office and the Library of 

22 Congress, respectively. 

23 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC24 COUNTABILITY ACT OF 1995.— 

25 (1) IN GENERAL.—Not later than 120 days 

26 after the date of enactment of this Act, the Board 
31 

•S 2520 IS 

1 of Directors of the Office of Compliance shall pre2 scribe (in accordance with section 304 of the Con3 gressional Accountability Act of 1995 (2 U.S.C. 

4 1384)) such regulations as are necessary to carry 

5 out this Act with respect to employees described in 

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

7 (2) AGENCY REGULATIONS.—The regulations 

8 issued under paragraph (1) shall be the same as 

9 substantive regulations promulgated by the Sec10 retary to carry out this Act except insofar as the 

11 Board may determine, for good cause shown and 

12 stated together with the regulations issued under 

13 paragraph (1), that a modification of such regula14 tions would be more effective for the implementation 

15 of the rights and protections involved under this sec16 tion. 

17 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

18 3, UNITED STATES CODE.— 

19 (1) IN GENERAL.—Not later than 120 days 

20 after the date of enactment of this Act, the Presi21 dent (or the designee of the President) shall pre22 scribe such regulations as are necessary to carry out 

23 this Act with respect to employees described in sec24 tion 4(2)(A)(iv). 
32 

•S 2520 IS 

1 (2) AGENCY REGULATIONS.—The regulations 

2 issued under paragraph (1) shall be the same as 

3 substantive regulations promulgated by the Sec4 retary to carry out this Act except insofar as the 

5 President (or designee) may determine, for good 

6 cause shown and stated together with the regula7 tions issued under paragraph (1), that a modifica8 tion of such regulations would be more effective for 

9 the implementation of the rights and protections in10 volved under this section. 

11 (d) EMPLOYEES COVERED BY SECTION 717 of the 

12 CIVIL RIGHTS ACT OF 1964.— 

13 (1) IN GENERAL.—Not later than 120 days 

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

15 of the Office of Personnel Management shall pre16 scribe such regulations as are necessary to carry out 

17 this Act with respect to employees described in sec18 tion 4(2)(A)(v). 

19 (2) AGENCY REGULATIONS.—The regulations 

20 issued under paragraph (1) shall be the same as 

21 substantive regulations promulgated by the Sec22 retary to carry out this Act except insofar as the Di23 rector may determine, for good cause shown and 

24 stated together with the regulations issued under 

25 paragraph (1), that a modification of such regula-
33 

•S 2520 IS 

1 tions would be more effective for the implementation 

2 of the rights and protections involved under this sec3 tion. 

4 SEC. 14. EFFECTIVE DATES. 

5 (a) IN GENERAL.—This Act shall take effect on the 

6 date that is 6 months after the date of enactment of this 

7 Act. 

8 (b) COLLECTIVE BARGAINING AGREEMENTS.—In the 

9 case of a collective bargaining agreement in effect on the 

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

11 take effect on the earlier of— 

12 (1) the date of the termination of such agree13 ment; or 

14 (2) the date that occurs 12 months after the 

15 date of enactment of this Act. 

Æ