I 
112TH CONGRESS 
1ST SESSION H. R. 1876 
To allow Americans to earn paid sick time so that they can address their 
own health needs and the health needs of their families. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2011 
Ms. DELAURO (for herself, Mr. GEORGE MILLER of California, Ms. CASTOR 
of Florida, Mr. DAVIS of Illinois, Ms. SCHAKOWSKY, Mr. BRADY of Penn-
sylvania, Mr. JACKSON of Illinois, Mr. CONNOLLY of Virginia, Ms. RICH-
ARDSON, Mr. CONYERS, Ms. TSONGAS, Ms. LINDA T. SA´NCHEZ of Cali-
fornia, Ms. MOORE, Mr. STARK, Mrs. CHRISTENSEN, Mrs. CAPPS, Mr. 
OLVER, Mr. ACKERMAN, Ms. LEE of California, Ms. SPEIER, Mrs. 
MALONEY, Mr. FILNER, Ms. CLARKE of New York, Ms. BASS of Cali-
fornia, Mr. SERRANO, Mr. SCHIFF, Mr. SARBANES, Mr. LUJA´N, Mr. 
TONKO, Ms. FUDGE, Ms. BALDWIN, Mr. TOWNS, Ms. NORTON, Mr. 
LANGEVIN, Mr. ISRAEL, Mr. COURTNEY, Mr. HOLT, Mr. LEWIS of Geor-
gia, Mrs. LOWEY, Mr. NADLER, Mr. VAN HOLLEN, Mr. GRIJALVA, Mr. 
KILDEE, Mr. ELLISON, Ms. SCHWARTZ, Mr. HONDA, Ms. BROWN of 
Florida, Ms. HIRONO, Mr. CLAY, Mr. KUCINICH, Mr. BACA, Mr. 
HASTINGS of Florida, Mr. BISHOP of New York, Mr. PALLONE, Ms. PIN-
GREE of Maine, Mr. MCGOVERN, Mr. FATTAH, Mr. MORAN, Mr. SHER-
MAN, Mr. BLUMENAUER, Ms. WOOLSEY, Ms. MCCOLLUM, Mrs. MCCAR-
THY of New York, Ms. ESHOO, Mrs. DAVIS of California, Ms. ZOE 
LOFGREN of California, Ms. EDWARDS, Mr. WAXMAN, Mr. SCOTT of Vir-
ginia, Mr. PRICE of North Carolina, Ms. CHU, Mr. MARKEY, Mr. 
TIERNEY, Mr. MURPHY of Connecticut, Mr. HINCHEY, Mr. PASTOR of 
Arizona, Ms. WASSERMAN SCHULTZ, Ms. BERKLEY, Mr. GENE GREEN 
of Texas, Mr. GUTIERREZ, Mr. CARNAHAN, Mr. LARSON of Connecticut, 
and Mr. RYAN of Ohio) introduced the following bill; which was referred 
to the Committee on Education and the Workforce, and in addition to 
the Committees on Oversight and Government Reform and House Admin-
istration, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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A BILL 
To allow Americans to earn paid sick time so that they 
can address their own health needs and the health needs 
of their families. 
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 ‘‘Healthy Families Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Working Americans need time to meet their 
own health care needs and to care for family mem-
bers, including their children, spouse, parents, and 
parents-in-law, and other children and adults for 
whom they are caretakers. 
(2) Health care needs include preventive health 
care, diagnostic procedures, medical treatment, and 
recovery in response to short- and long-term ill-
nesses and injuries. 
(3) Providing employees time off to meet health 
care needs ensures that they will be healthier in the 
long run. Preventive care helps avoid illnesses and 
injuries and routine medical care helps detect ill-
nesses early and shorten their duration. 
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(4) When parents are available to care for their 
children who become sick, children recover faster, 
more serious illnesses are prevented, and children’s 
overall mental and physical health improve. In a 
2009 study published in the American Journal of 
Public Health, 81 percent of parents of a child with 
special health care needs reported that taking leave 
from work to be with their child had a ‘‘good’’ or 
‘‘very good’’ effect on their child’s physical health. 
Similarly, 85 percent of parents of such a child 
found that taking such leave had a ‘‘good’’ or ‘‘very 
good’’ effect on their child’s emotional health. 
(5) When parents cannot afford to miss work 
and must send children with contagious illnesses to 
child care centers or schools, infection can spread 
rapidly through child care centers and schools. 
(6) Providing paid sick time improves public 
health by reducing infectious disease. Policies that 
make it easier for sick adults and children to be iso-
lated at home reduce the spread of infectious dis-
ease. 
(7) Routine medical care reduces medical costs 
by detecting and treating illness and injury early, 
decreasing the need for emergency care. These sav-
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ings benefit public and private payers of health in-
surance, including private businesses. 
(8) The provision of individual and family sick 
time by large and small businesses, both here in the 
United States and elsewhere, demonstrates that pol-
icy solutions are both feasible and affordable in a 
competitive economy. A 2009 study by the Center 
for Economic and Policy Research found that, of 22 
countries with comparable economies, the United 
States was 1 of only 3 countries that did not provide 
any paid time off for workers with short-term ill-
nesses. 
(9) Measures that ensure that employees are in 
good health and do not need to worry about unmet 
family health problems help businesses by promoting 
productivity and reducing employee turnover. 
(10) The American Productivity Audit found 
that presenteeism—the practice of employees coming 
to work despite illness—costs $180,000,000,000 an-
nually in lost productivity. Studies in the Journal of 
Occupational and Environmental Medicine, the Em-
ployee Benefit News, and the Harvard Business Re-
view show that presenteeism is a larger productivity 
drain than either absenteeism or short-term dis-
ability. 
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(11) The absence of paid sick time has forced 
Americans to make untenable choices between need-
ed income and jobs on the one hand and caring for 
their own and their family’s health on the other. 
(12) Nearly half of Americans lack paid sick 
time for self-care or to care for a family member. 
For families in the lowest quartile of earners, 79 
percent lack paid sick time. For families in the next 
2 quartiles, 46 and 38 percent, respectively, lack 
paid sick time. Even for families in the highest in-
come quartile, 28 percent lack paid sick time. In ad-
dition, millions of workers cannot use paid sick time 
to care for ill family members. 
(13) Due to the roles of men and women in so-
ciety, the primary responsibility for family care-
taking often falls on women, and such responsibility 
affects the working lives of women more than it af-
fects the working lives of men. 
(14) An increasing number of men are also tak-
ing on caretaking obligations, and men who request 
paid time for caretaking purposes are often denied 
accommodation or penalized because of stereotypes 
that caretaking is only ‘‘women’s work’’. 
(15) Employers’ reliance on persistent stereo-
types about the ‘‘proper’’ roles of both men and 
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women in the workplace and in the home continues 
a cycle of discrimination and fosters stereotypical 
views about women’s commitment to work and their 
value as employees. 
(16) Employment standards that apply to only 
one gender have serious potential for encouraging 
employers to discriminate against employees and ap-
plicants for employment who are of that gender. 
(17) It is in the national interest to ensure that 
all Americans can care for their own health and the 
health of their families while prospering at work. 
(18) Nearly 1 in 3 American women report 
physical or sexual abuse by a husband or boyfriend 
at some point in their lives. Domestic violence also 
affects men. Women account for about 85 percent of 
the victims of domestic violence and men account for 
approximately 15 percent of the victims. Therefore, 
women disproportionately need time off to care for 
their health or to find solutions, such as obtaining 
a restraining order or finding housing, to avoid or 
prevent physical or sexual abuse. 
(19) Up to 85 percent of domestic violence vic-
tims miss work because of abuse. The mean number 
of days of paid work lost by a rape victim is 8.1 
days, by a victim of physical assault is 7.2 days, and 
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by a victim of stalking is 10.1 days. Nationwide, do-
mestic violence victims lose almost 8,000,000 days of 
paid work per year. 
(20) Without paid sick days that can be used 
to address the effects of domestic violence, these vic-
tims are in grave danger of losing their jobs. Sur-
veys have found that 96 to 98 percent of employed 
domestic violence victims experience problems at 
work related to the violence. The Government Ac-
countability Office similarly found that 24 to 52 per-
cent of victims report losing a job due, at least in 
part, to domestic violence. The loss of employment 
can be particularly devastating for victims of domes-
tic violence, who often need economic security to en-
sure safety. 
(21) The Centers for Disease Control and Pre-
vention has estimated that domestic violence costs 
over $700,000,000 annually due to the victims’ lost 
productivity in employment. 
(22) Efforts to assist abused employees result 
in positive outcomes for employers as well as em-
ployees because employers can retain workers who 
might otherwise be compelled to leave. In a 2002 
survey, 68 percent of corporate leaders surveyed said 
that a company’s financial performance would ben-
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efit from addressing domestic violence among its em-
ployees. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to ensure that all working Americans can 
address their own health needs and the health needs 
of their families by requiring employers to permit 
employees to earn up to 56 hours of paid sick time 
including paid time for family care; 
(2) to diminish public and private health care 
costs by enabling workers to seek early and routine 
medical care for themselves and their family mem-
bers; 
(3) to assist employees who are, or whose fam-
ily members are, victims of domestic violence, sexual 
assault, or stalking, by providing the employees with 
paid time away from work to allow the victims to re-
ceive treatment and to take the necessary steps to 
ensure their protection; 
(4) to accomplish the purposes described in 
paragraphs (1) through (3) in a manner that is fea-
sible for employers; and 
(5) consistent with the provision of the 14th 
Amendment to the Constitution relating to equal 
protection of the laws, and pursuant to Congress’ 
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power to enforce that provision under section 5 of 
that amendment— 
(A) to accomplish the purposes described 
in paragraphs (1) through (3) in a manner that 
minimizes the potential for employment dis-
crimination on the basis of sex by ensuring gen-
erally that paid sick time is available for eligible 
medical reasons on a gender-neutral basis; and 
(B) to promote the goal of equal employ-
ment opportunity for women and men. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) CHILD.—The term ‘‘child’’ means a biologi-
cal, foster, or adopted child, a stepchild, a legal 
ward, or a child of a person standing in loco 
parentis, who is— 
(A) under 18 years of age; or 
(B) 18 years of age or older and incapable 
of self-care because of a mental or physical dis-
ability. 
(2) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)), except that the ref-
erence in such section to the term ‘‘jurisdiction re-
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(B) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce who employs 
15 or more employees for each work-
ing day during each of 20 or more 
calendar workweeks in the current or 
preceding calendar year; 
(II) includes— 
(aa) any person who acts, 
directly or indirectly, in the inter-
est of an employer to any of the 
employees of such employer; and 
(bb) any successor in inter-
est of an employer; 
(III) includes any ‘‘public agen-
cy’’, as defined in section 3(x) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)); and 
(IV) includes the Government 
Accountability Office and the Library 
of Congress. 
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(ii) PUBLIC
AGENCY.—For purposes 
of clause (i)(III), a public agency shall be 
considered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITIONS.—For purposes of 
this subparagraph: 
(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
affecting commerce’’ mean any activ-
ity, business, or industry in commerce 
or in which a labor dispute would 
hinder or obstruct commerce or the 
free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affect-
ing commerce’’, as defined in para-
graphs (1) and (3) of section 501 of 
the Labor Management Relations Act, 
1947 (29 U.S.C. 142 (1) and (3)). 
(II) EMPLOYEE.—The term ‘‘em-
ployee’’ has the same meaning given 
such term in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(e)). 
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(III) PERSON.—The term ‘‘per-
son’’ has the same meaning given 
such term in section 3(a) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(a)). 
(C) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(5) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(6) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means a provider who— 
(A)(i) is a doctor of medicine or osteopathy 
who is authorized to practice medicine or sur-
gery (as appropriate) by the State in which the 
doctor practices; or 
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(ii) is any other person determined by the 
Secretary to be capable of providing health care 
services; and 
(B) is not employed by an employer for 
whom the provider issues certification under 
this Act. 
(7) PAID
SICK
TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave that 
can be earned by an employee for use during an ab-
sence from employment for any of the reasons de-
scribed in paragraphs (1) through (4) of section 
5(b). 
(8) PARENT.—The term ‘‘parent’’ means a bio-
logical, foster, or adoptive parent of an employee, a 
stepparent of an employee, or a legal guardian or 
other person who stood in loco parentis to an em-
ployee when the employee was a child. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(10) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)). 
(11) SPOUSE.—The term ‘‘spouse’’, with re-
spect to an employee, has the meaning given such 
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term by the marriage laws of the State in which the 
employee resides. 
(12) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002(a) of the 
Violence Against Women Act of 1994 (42 U.S.C. 
13925(a)). 
(13) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, sexual as-
sault, or stalking or advocates for such victims, in-
cluding a rape crisis center, an organization carrying 
out a domestic violence, sexual assault, or stalking 
prevention or treatment program, an organization 
operating a shelter or providing counseling services, 
or a legal services organization or other organization 
providing assistance through the legal process. 
SEC. 5. PROVISION OF PAID SICK TIME. 
(a) ACCRUAL OF PAID SICK TIME.— 
(1) IN
GENERAL.—An employer shall permit 
each employee employed by the employer to earn not 
less than 1 hour of paid sick time for every 30 hours 
worked, to be used as described in subsection (b). 
An employer shall not be required to permit an em-
ployee to earn, under this section, more than 56 
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hours of paid sick time in a calendar year, unless 
the employer chooses to set a higher limit. 
(2) EXEMPT EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), for purposes of this section, an 
employee who is exempt from overtime require-
ments under section 13(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(1)) 
shall be assumed to work 40 hours in each 
workweek. 
(B) SHORTER
NORMAL
WORKWEEK.—If 
the normal workweek of such an employee is 
less than 40 hours, the employee shall earn 
paid sick time based upon that normal work 
week. 
(3) DATES OF ACCRUAL AND USE.—Employees 
shall begin to earn paid sick time under this section 
at the commencement of their employment. An em-
ployee shall be entitled to use the earned paid sick 
time beginning on the 60th calendar day following 
commencement of the employee’s employment. After 
that 60th calendar day, the employee may use the 
paid sick time as the time is earned. An employer 
may, at the discretion of the employer, loan paid 
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sick time to an employee in advance of the earning 
of such time under this section by such employee. 
(4) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid sick time earned under 
this section shall carry over from 1 calendar 
year to the next. 
(B) CONSTRUCTION.—This Act shall not 
be construed to require an employer to permit 
an employee to accrue more than 56 hours of 
earned paid sick time at a given time. 
(5) EMPLOYERS
WITH
EXISTING
POLICIES.— 
Any employer with a paid leave policy who makes 
available an amount of paid leave that is sufficient 
to meet the requirements of this section and that 
may be used for the same purposes and under the 
same conditions as the purposes and conditions out-
lined in subsection (b) shall not be required to per-
mit an employee to earn additional paid sick time 
under this section. 
(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to an employee from an employer upon 
the employee’s termination, resignation, retirement, 
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or other separation from employment for earned 
paid sick time that has not been used. 
(7) REINSTATEMENT.—If an employee is sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer, the employer shall reinstate the em-
ployee’s previously earned paid sick time. The em-
ployee shall be entitled to use the earned paid sick 
time and earn additional paid sick time at the re-
commencement of employment with the employer. 
(8) PROHIBITION.—An employer may not re-
quire, as a condition of providing paid sick time 
under this Act, that the employee involved search for 
or find a replacement worker to cover the hours dur-
ing which the employee is using paid sick time. 
(b) USES.—Paid sick time earned under this section 
may be used by an employee for any of the following: 
(1) An absence resulting from a physical or 
mental illness, injury, or medical condition of the 
employee. 
(2) An absence resulting from obtaining profes-
sional medical diagnosis or care, or preventive med-
ical care, for the employee. 
(3) An absence for the purpose of caring for a 
child, a parent, a spouse, or any other individual re-
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lated by blood or affinity whose close association 
with the employee is the equivalent of a family rela-
tionship, who— 
(A) has any of the conditions or needs for 
diagnosis or care described in paragraph (1) or 
(2); and 
(B) in the case of someone who is not a 
child, is otherwise in need of care. 
(4) An absence resulting from domestic vio-
lence, sexual assault, or stalking, if the time is to— 
(A) seek medical attention for the em-
ployee or the employee’s child, parent, or 
spouse, or an individual related to the employee 
as described in paragraph (3), to recover from 
physical or psychological injury or disability 
caused by domestic violence, sexual assault, or 
stalking; 
(B) obtain or assist a related person de-
scribed in paragraph (3) in obtaining services 
from a victim services organization; 
(C) obtain or assist a related person de-
scribed in paragraph (3) in obtaining psycho-
logical or other counseling; 
(D) seek relocation; or 
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(E) take legal action, including preparing 
for or participating in any civil or criminal legal 
proceeding related to or resulting from domestic 
violence, sexual assault, or stalking. 
(c) SCHEDULING.—An employee shall make a reason-
able effort to schedule a period of paid sick time under 
this Act in a manner that does not unduly disrupt the 
operations of the employer. 
(d) PROCEDURES.— 
(1) IN GENERAL.—Paid sick time shall be pro-
vided upon the oral or written request of an em-
ployee. Such request shall— 
(A) include the expected duration of the 
period of such time; 
(B) in a case in which the need for such 
period of time is foreseeable at least 7 days in 
advance of such period, be provided at least 7 
days in advance of such period; and 
(C) otherwise, be provided as soon as prac-
ticable after the employee is aware of the need 
for such period. 
(2) CERTIFICATION IN GENERAL.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graph (C), an employer may require that a 
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request for paid sick time under this sec-
tion for a purpose described in paragraph 
(1), (2), or (3) of subsection (b) be sup-
ported by a certification issued by the 
health care provider of the eligible em-
ployee or of an individual described in sub-
section (b)(3), as appropriate, if the period 
of such time covers more than 3 consecu-
tive workdays. 
(ii) TIMELINESS.—The employee shall 
provide a copy of such certification to the 
employer in a timely manner, not later 
than 30 days after the first day of the pe-
riod of time. The employer shall not delay 
the commencement of the period of time on 
the basis that the employer has not yet re-
ceived the certification. 
(B) SUFFICIENT CERTIFICATION.— 
(i) IN GENERAL.—A certification pro-
vided under subparagraph (A) shall be suf-
ficient if it states— 
(I) the date on which the period 
of time will be needed; 
(II) the probable duration of the 
period of time; 
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(III) the appropriate medical 
facts within the knowledge of the 
health care provider regarding the 
condition involved, subject to clause 
(ii); and 
(IV)(aa) for purposes of paid sick 
time under subsection (b)(1), a state-
ment that absence from work is medi-
cally necessary; 
(bb) for purposes of such time 
under subsection (b)(2), the dates on 
which testing for a medical diagnosis 
or care is expected to be given and the 
duration of such testing or care; and 
(cc) for purposes of such time 
under subsection (b)(3), in the case of 
time to care for someone who is not a 
child, a statement that care is needed 
for an individual described in such 
subsection, and an estimate of the 
amount of time that such care is 
needed for such individual. 
(ii) LIMITATION.—In issuing a certifi-
cation under subparagraph (A), a health 
care provider shall make reasonable efforts 
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to limit the medical facts described in 
clause (i)(III) that are disclosed in the cer-
tification to the minimum necessary to es-
tablish a need for the employee to utilize 
paid sick time. 
(C) 
REGULATIONS.—Regulations 
pre-
scribed under section 13 shall specify the man-
ner in which an employee who does not have 
health insurance shall provide a certification for 
purposes of this paragraph. 
(D) CONFIDENTIALITY
AND
NONDISCLO-
SURE.— 
(i) PROTECTED
HEALTH
INFORMA-
TION.—Nothing in this Act shall be con-
strued to require a health care provider to 
disclose information in violation of section 
1177 of the Social Security Act (42 U.S.C. 
1320d–6) or the regulations promulgated 
pursuant to section 264(c) of the Health 
Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d–2 note). 
(ii) 
HEALTH
INFORMATION 
RECORDS.—If 
an 
employer 
possesses 
health information about an employee or 
an employee’s child, parent, spouse or 
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other individual described in subsection 
(b)(3), such information shall— 
(I) be maintained on a separate 
form and in a separate file from other 
personnel information; 
(II) be treated as a confidential 
medical record; and 
(III) not be disclosed except to 
the affected employee or with the per-
mission of the affected employee. 
(3) CERTIFICATION IN THE CASE OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
(A) IN GENERAL.—An employer may re-
quire that a request for paid sick time under 
this section for a purpose described in sub-
section (b)(4) be supported by 1 of the fol-
lowing forms of documentation: 
(i) A police report indicating that the 
employee, or a member of the employee’s 
family described in subsection (b)(4), was 
a victim of domestic violence, sexual as-
sault, or stalking. 
(ii) A court order protecting or sepa-
rating the employee or a member of the 
employee’s family described in subsection 
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(b)(4) from the perpetrator of an act of 
domestic violence, sexual assault, or stalk-
ing, or other evidence from the court or 
prosecuting attorney that the employee or 
a member of the employee’s family de-
scribed in subsection (b)(4) has appeared 
in court or is scheduled to appear in court 
in a proceeding related to domestic vio-
lence, sexual assault, or stalking. 
(iii) Other documentation signed by 
an employee or volunteer working for a vic-
tim services organization, an attorney, a 
police officer, a medical professional, a so-
cial worker, an antiviolence counselor, or a 
member of the clergy, affirming that the 
employee or a member of the employee’s 
family described in subsection (b)(4) is a 
victim of domestic violence, sexual assault, 
or stalking. 
(B) REQUIREMENTS.—The requirements 
of paragraph (2) shall apply to certifications 
under this paragraph, except that— 
(i) subclauses (III) and (IV) of sub-
paragraph (B)(i) and subparagraph (B)(ii) 
of such paragraph shall not apply; 
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(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the min-
imum necessary to establish a need for the 
employee to be absent from work, and the 
employee shall not be required to explain 
the details of the domestic violence, sexual 
assault, or stalking involved; and 
(iii) with respect to confidentiality 
under subparagraph (D) of such para-
graph, any information provided to the em-
ployer under this paragraph shall be con-
fidential, except to the extent that any dis-
closure of such information is— 
(I) requested or consented to in 
writing by the employee; or 
(II) otherwise required by appli-
cable Federal or State law. 
SEC. 6. POSTING REQUIREMENT. 
(a) IN GENERAL.—Each employer shall post and 
keep posted a notice, to be prepared or approved in ac-
cordance with procedures specified in regulations pre-
scribed under section 13, setting forth excerpts from, or 
summaries of, the pertinent provisions of this Act includ-
ing— 
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(1) information describing paid sick time avail-
able to employees under this Act; 
(2) information pertaining to the filing of an 
action under this Act; 
(3) the details of the notice requirement for a 
foreseeable period of time under section 5(d)(1)(B); 
and 
(4) information that describes— 
(A) the protections that an employee has 
in exercising rights under this Act; and 
(B) how the employee can contact the Sec-
retary (or other appropriate authority as de-
scribed in section 8) if any of the rights are vio-
lated. 
(b) LOCATION.—The notice described under sub-
section (a) shall be posted— 
(1) in conspicuous places on the premises of the 
employer, where notices to employees (including ap-
plicants) are customarily posted; or 
(2) in employee handbooks. 
(c) VIOLATION; PENALTY.—Any employer who will-
fully violates the posting requirements of this section shall 
be subject to a civil fine in an amount not to exceed $100 
for each separate offense. 
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SEC. 7. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
the exercise of, or the attempt to exercise, any right 
provided under this Act, including— 
(A) discharging or discriminating against 
(including retaliating against) any individual, 
including a job applicant, for exercising, or at-
tempting to exercise, any right provided under 
this Act; 
(B) using the taking of paid sick time 
under this Act as a negative factor in an em-
ployment action, such as hiring, promotion, or 
a disciplinary action; or 
(C) counting the paid sick time under a 
no-fault attendance policy or any other absence 
control policy. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against (including retaliating against) 
any individual, including a job applicant, for oppos-
ing any practice made unlawful by this Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against (including retali-
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ating against) any individual, including a job applicant, 
because such individual— 
(1) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act. 
(c) CONSTRUCTION.—Nothing in this section shall be 
construed to state or imply that the scope of the activities 
prohibited by section 105 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2615) is less than the scope of 
the activities prohibited by this section. 
SEC. 8. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection: 
(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A) or (B) of 
section 4(3); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 4(4)(A)(i). 
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(2) INVESTIGATIVE AUTHORITY.— 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this Act, or any regula-
tion or order issued under this Act, the Sec-
retary shall have, subject to subparagraph (C), 
the investigative authority provided under sec-
tion 11(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(a)), with respect to em-
ployers, employees, and other individuals af-
fected. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this Act in accordance with section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations pre-
scribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
shall not require, under the authority of this 
paragraph, an employer to submit to the Sec-
retary any books or records more than once 
during any 12-month period, unless the Sec-
retary has reasonable cause to believe there 
may exist a violation of this Act or any regula-
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tion or order issued pursuant to this Act, or is 
investigating a charge pursuant to paragraph 
(4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation provided for in this 
paragraph, the Secretary shall have the sub-
poena authority provided for under section 9 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 209). 
(3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
UALS.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against any employer in any Federal or State 
court of competent jurisdiction by one or more 
employees or individuals or their representative 
for and on behalf of— 
(i) the employees or individuals; or 
(ii) the employees or individuals and 
others similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 7 (including a violation relating to 
rights provided under section 5) shall be liable 
to any employee or individual affected— 
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(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost by rea-
son of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost, any ac-
tual monetary losses sustained as 
a direct result of the violation up 
to a sum equal to 56 hours of 
wages or salary for the employee 
or individual; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(C) FEES AND COSTS.—The court in an 
action under this paragraph shall, in addition to 
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any judgment awarded to the plaintiff, allow a 
reasonable attorney’s fee, reasonable expert wit-
ness fees, and other costs of the action to be 
paid by the defendant. 
(4) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of section 7 (in-
cluding a violation relating to rights provided 
under section 5) in the same manner that the 
Secretary receives, investigates, and attempts to 
resolve complaints of violations of sections 6 
and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (3)(B)(i). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee or individual affected. 
Any such sums not paid to an employee or indi-
vidual affected because of inability to do so 
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within a period of 3 years shall be deposited 
into the Treasury of the United States as mis-
cellaneous receipts. 
(5) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (3), (4), or (6) not later than 
2 years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) WILLFUL VIOLATION.—In the case of 
an action brought for a willful violation of sec-
tion 7 (including a willful violation relating to 
rights provided under section 5), such action 
may be brought within 3 years of the date of 
the last event constituting the alleged violation 
for which such action is brought. 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced under paragraph 
(3), (4), or (6) for the purposes of this para-
graph, it shall be considered to be commenced 
on the date when the complaint is filed. 
(6) ACTION FOR INJUNCTION BY SECRETARY.— 
The district courts of the United States shall have 
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jurisdiction, for cause shown, in an action brought 
by the Secretary— 
(A) to restrain violations of section 7 (in-
cluding a violation relating to rights provided 
under section 5), including the restraint of any 
withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus 
interest, found by the court to be due to em-
ployees or individuals eligible under this Act; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under paragraph (4) or 
(6). 
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
AND LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this subsection, in the case of the 
Government Accountability Office and the Library of 
Congress, the authority of the Secretary of Labor 
under this subsection shall be exercised respectively 
by the Comptroller General of the United States and 
the Librarian of Congress. 
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(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that 
Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this Act against an employee described in section 
4(3)(C). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United States 
Code, to the President, the Merit Systems Protection 
Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and 
procedures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
ment practice in violation of this Act against an employee 
described in section 4(3)(D). 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in title 5, United States Code, to an 
employing agency, provided in chapter 12 of that title to 
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the Merit Systems Protection Board, or provided in that 
title to any person, alleging a violation of chapter 63 of 
that title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this Act against an employee described 
in section 4(3)(E). 
(e) REMEDIES FOR STATE EMPLOYEES.— 
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
State’s receipt or use of Federal financial assistance 
for any program or activity of a State shall con-
stitute a waiver of sovereign immunity, under the 
11th Amendment to the Constitution or otherwise, 
to a suit brought by an employee of that program 
or activity under this Act for equitable, legal, or 
other relief authorized under this Act. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any employee who has complied with the procedures 
under subsection (a)(3), for injunctive relief that is 
authorized under this Act. In such a suit the court 
may award to the prevailing party those costs au-
thorized by section 722 of the Revised Statutes (42 
U.S.C. 1988). 
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(3) APPLICABILITY.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
of enactment of this Act, on which a State first re-
ceives or uses Federal financial assistance for that 
program or activity. 
(4) DEFINITION OF PROGRAM OR ACTIVITY.—In 
this subsection, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 
SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—Effective 90 
days after the date of enactment of this Act, the Commis-
sioner of Labor Statistics shall annually compile informa-
tion on the following: 
(1) The number of employees who used paid 
sick time. 
(2) The number of hours of paid sick time 
used. 
(3) The number of employees who used paid 
sick time for absences necessary due to domestic vio-
lence, sexual assault, or stalking. 
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(4) The demographic characteristics of employ-
ees who were eligible for and who used paid sick 
time. 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall annually conduct a study to 
determine the following: 
(A)(i) The number of days employees used 
paid sick time and the reasons for the use. 
(ii) The number of employees who used the 
paid sick time for periods of time covering more 
than 3 consecutive workdays. 
(B) The cost and benefits to employers of 
implementing the paid sick time policies. 
(C) The cost to employees of providing cer-
tification to obtain the paid sick time. 
(D) The benefits of the paid sick time to 
employees and their family members, including 
effects on employees’ ability to care for their 
family members or to provide for their own 
health needs. 
(E) Whether the paid sick time affected 
employees’ ability to sustain an adequate in-
come while meeting needs of the employees and 
their family members. 
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(F) Whether employers who administered 
paid sick time policies prior to the date of en-
actment of this Act were affected by the provi-
sions of this Act. 
(G) Whether other types of leave were af-
fected by this Act. 
(H) Whether paid sick time affected reten-
tion and turnover and costs of presenteeism. 
(I) Whether the paid sick time increased 
the use of less costly preventive medical care 
and lowered the use of emergency room care. 
(J) Whether the paid sick time reduced the 
number of children sent to school when the chil-
dren were sick. 
(2) AGGREGATING
DATA.—The data collected 
under subparagraphs (A) and (D) of paragraph (1) 
shall be aggregated by gender, race, disability, earn-
ings level, age, marital status, family type, including 
parental status, and industry. 
(3) REPORTS.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Comptroller General of the United States 
shall prepare and submit a report to the appro-
priate committees of Congress concerning the 
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results of the study conducted pursuant to 
paragraph (1) and the data aggregated under 
paragraph (2). 
(B) FOLLOWUP REPORT.—Not later than 
5 years after the date of enactment of this Act, 
the Comptroller General of the United States 
shall prepare and submit a followup report to 
the appropriate committees of Congress con-
cerning the results of the study conducted pur-
suant to paragraph (1) and the data aggregated 
under paragraph (2). 
SEC. 10. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this Act shall be construed to modify 
or affect any Federal or State law prohibiting discrimina-
tion on the basis of race, religion, color, national origin, 
sex, age, or disability. 
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
shall be construed to supersede (including preempting) 
any provision of any State or local law that provides great-
er paid sick time or leave rights (including greater paid 
sick time or leave, or greater coverage of those eligible for 
paid sick time or leave) than the rights established under 
this Act. 
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SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of an employer to 
comply with any contract, collective bargaining agreement, 
or any employment benefit program or plan that provides 
greater paid sick leave or other leave rights to employees 
or individuals than the rights established under this Act. 
(b) LESS PROTECTIVE.—The rights established for 
employees under this Act shall not be diminished by any 
contract, collective bargaining agreement, or any employ-
ment benefit program or plan. 
SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this Act shall be construed to discourage 
employers from adopting or retaining leave policies more 
generous than policies that comply with the requirements 
of this Act. 
SEC. 13. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), not later than 180 days after the date of 
enactment of this Act, the Secretary shall prescribe 
such regulations as are necessary to carry out this 
Act with respect to employees described in subpara-
graph (A) or (B) of section 4(3) and other individ-
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uals affected by employers described in subclause (I) 
or (II) of section 4(4)(A)(i). 
(2) GOVERNMENT ACCOUNTABILITY OFFICE; LI-
BRARY OF CONGRESS.—The Comptroller General of 
the United States and the Librarian of Congress 
shall prescribe the regulations with respect to em-
ployees of the Government Accountability Office and 
the Library of Congress, respectively and other indi-
viduals affected by the Comptroller General of the 
United States and the Librarian of Congress, re-
spectively. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Compliance shall pre-
scribe (in accordance with section 304 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1384)) such regulations as are necessary to carry 
out this Act with respect to employees described in 
section 4(3)(C) and other individuals affected by em-
ployers described in section 4(4)(A)(i)(III). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
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retary to carry out this Act except insofar as the 
Board may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Presi-
dent (or the designee of the President) shall pre-
scribe such regulations as are necessary to carry out 
this Act with respect to employees described in sec-
tion 4(3)(D) and other individuals affected by em-
ployers described in section 4(4)(A)(i)(IV). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the 
President (or designee) may determine, for good 
cause shown and stated together with the regula-
tions prescribed under paragraph (1), that a modi-
fication of such regulations would be more effective 
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for the implementation of the rights and protections 
involved under this section. 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Director 
of the Office of Personnel Management shall pre-
scribe such regulations as are necessary to carry out 
this Act with respect to employees described in sec-
tion 4(3)(E) and other individuals affected by em-
ployers described in section 4(4)(A)(i)(V). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the Di-
rector may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
SEC. 14. EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—This Act shall take effect 6 
months after the date of issuance of regulations under sec-
tion 13(a)(1). 
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(b) COLLECTIVE BARGAINING AGREEMENTS.—In the 
case of a collective bargaining agreement in effect on the 
effective date prescribed by subsection (a), this Act shall 
take effect on the earlier of— 
(1) the date of the termination of such agree-
ment; or 
(2) the date that occurs 18 months after the 
date of issuance of regulations under section 
13(a)(1). 
Æ 
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