I 
111TH CONGRESS 
1ST SESSION H. R. 3991 
To ensure that American workers are able to follow, without financial harm, 
the recommendations of their employer and public health authorities 
to stay home when they have symptoms of a contagious disease that 
may put co-workers, customers, or the public at risk. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2009 
Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Ms. WOOLSEY, 
Ms. HIRONO, Mr. HARE, Ms. CLARKE, Mr. PIERLUISI, and Mr. SABLAN) 
introduced the following bill; which was referred to the Committee on 
Education and Labor 
A BILL 
To ensure that American workers are able to follow, without 
financial harm, the recommendations of their employer 
and public health authorities to stay home when they 
have symptoms of a contagious disease that may put 
co-workers, customers, or the public at risk. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Influenza 
Containment Act’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to ensure that American 
workers are able to follow, without financial harm, the rec-
ommendations of their employer and public health authori-
ties to stay home when they have symptoms of a con-
tagious disease that may put co-workers, customers, or the 
public at risk. 
SEC. 3. PAID SICK LEAVE REQUIREMENT. 
(a) IN GENERAL.—An employer who directs an em-
ployee to leave work or not to come in to work because 
the employer believes the employee has symptoms of a con-
tagious illness, or has been in close contact with an indi-
vidual who has symptoms of a contagious illness, shall pro-
vide paid sick leave to the employee for each workday (or 
portion thereof) the employee complies with such direc-
tion, up to a maximum of 5 workdays per 12-month pe-
riod. 
(b) EMPLOYEE COMPLIANCE WITH EMPLOYER DI-
RECTION.—An employee shall be considered to be in com-
pliance with an employer’s direction to leave work or not 
come in to work if the employee leaves work or does not 
come in to work when the employer instructs or advises 
the employee to do so because the employer believes that 
the employee— 
(1) has symptoms of a contagious illness; or 
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(2) has been in close contact with an individual 
who has symptoms of a contagious illness. 
(c) DURATION OF LEAVE.— 
(1) IN GENERAL.—An employee shall be pro-
vided paid sick leave (as calculated in accordance 
with paragraph (2)) by the employer of the employee 
for each workday (or portion thereof) the employee 
complies with the employer’s direction to leave work 
or not come in to work, up to a maximum of 5 days 
per 12-month period. 
(2) CALCULATION OF PAID SICK LEAVE.— 
(A) CALCULATION.—The amount of paid 
sick leave shall be calculated based on the em-
ployee’s regular rate of pay and the number of 
hours the employee would otherwise be normally 
scheduled to work. 
(B) GUIDELINES.—The Secretary of Labor 
shall issue guidelines to assist employers in cal-
culating the amount of paid sick leave under 
subparagraph (A). 
(3) REASONABLE
NOTICE.—After the first 
workday (or portion thereof) an employee receives 
paid sick leave under this Act, an employer may re-
quire the employee to follow reasonable notice proce-
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dures in order to continue receiving such paid sick 
leave. 
(4) EMPLOYER’S TERMINATION OF PAID SICK 
LEAVE.—Paid sick leave provided to an employee 
under this Act shall cease beginning with the em-
ployee’s next scheduled workshift immediately fol-
lowing notification by the employer to the employee 
that the employer believes the employee no longer 
has symptoms of a contagious illness or poses a 
threat of contagion to other employees of the em-
ployer or to the public. 
SEC. 4. NOTICE. 
Each employer shall post and keep posted, in con-
spicuous places on the premises of the employer where no-
tices to employees are customarily posted, a notice, to be 
prepared or approved by the Secretary of Labor of the 
requirements described in this Act. 
SEC. 5. PROHIBITED ACTS. 
It shall be unlawful for any employer to discharge, 
discipline, or in any other manner discriminate against 
any employee who— 
(1) complies, in accordance with this Act, with 
an employer’s direction to leave work or not come in 
to work; or 
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(2) has filed any complaint or instituted or 
caused to be instituted any proceeding under or re-
lated to this Act (including a proceeding that seeks 
enforcement of this Act), or has testified or is about 
to testify in any such proceeding. 
SEC. 6. ENFORCEMENT. 
(a) UNPAID SICK LEAVE.—An employer who fails to 
pay sick leave in violation of this Act shall— 
(1) be considered to have failed to pay min-
imum wages in violation of section 6 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206); and 
(2) be subject to the penalties described in sec-
tion 16 of such Act (29 U.S.C. 216) with respect to 
such violation. 
(b) UNLAWFUL TERMINATION.—An employer who 
willfully violates section 5(2) shall— 
(1) be considered to be in violation of section 
15(a)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 215(a)(3)); and 
(2) be subject to the penalty described in sec-
tion 16(a) of such Act (29 U.S.C. 216(a)) with re-
spect to such violation. 
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SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to in any way 
diminish the rights or benefits that an employee is entitled 
to under any— 
(1) other Federal, State, or local law; 
(2) collective bargaining agreement; or 
(3) existing employer policy. 
SEC. 8. EFFECTIVE DATE. 
This Act, and the requirements under this Act, shall 
be effective not later than 15 days after the date of enact-
ment of this Act. 
SEC. 9. SUNSET. 
This Act, and the requirements under this Act, shall 
expire 2 years after the effective date of this Act. 
SEC. 10. DEFINITIONS. 
For purposes of the Act: 
(1) CONTAGIOUS
ILLNESS.—The term ‘‘con-
tagious illness’’ includes influenza-like-illnesses such 
as the novel H1N1 virus. 
(2) EMPLOY; EMPLOYEE.—The terms ‘‘employ’’ 
and ‘‘employee’’ have the same meanings given such 
terms in subsections (e) and (g) of section 3 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 203 
(e) and (g)). 
(3) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given such term in section 3(d) of the Fair 
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Labor Standards Act of 1938 (29 U.S.C. 203(d)), 
except that the term does not include an employer 
who— 
(A) employs fewer than 15 employees; or 
(B) with respect to an employee being di-
rected to leave work or not come in to work, 
provides such employee with at least 5 days of 
paid sick leave per 12-month period that may 
be used at such employee’s discretion. 
Æ 
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