place policies like paid sick days contributed to an 
additional 5,000,000 cases of influenza-like illness 
during the H1N1 pandemic of 2009. 
(6) An analysis examining influenza rates fol-
lowing the implementation of comprehensive paid 
sick time laws in seven major cities in the United 
States found that when workers gained access to 
paid sick time in those cities, the general influenza 
rate in the population decreased by 5.5 to 6.5 per-
cent. This analysis by the National Bureau of Eco-
nomic Research estimates that those laws helped 
prevent about 100 influenza-like infections per week 
for every 100,000 people. 
(7) Paid sick days contribute to more cost-effec-
tive use of health care resources. A 2011 study by 
the Institute for Women’s Policy Research found 
that a universal paid sick days policy would reduce 
preventable visits to the emergency room and result 
in cost savings of $1,100,000,000 per year, includ-
ing $500,000,000 in savings for public health insur-
ance programs like Medicare and Medicaid. 
(8) The American Productivity Audit completed 
in 2003 found that lost productivity due to illness 
costs $226,000,000,000 annually, and that 71 per-
cent of that cost stems from presenteeism—the 
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practice of employees coming to work while ill. Stud-
ies in the Journal of Occupational and Environ-
mental Medicine and the Journal of the American 
Medical Association show that presenteeism is a 
larger productivity drain than either absenteeism or 
short-term disability. 
(9) Working while sick also increases a worker’s 
probability of suffering an injury on the job. A 2012 
study published by the American Journal of Public 
Health found that workers with access to paid sick 
leave were 28 percent less likely than workers with-
out paid sick leave to suffer nonfatal occupational 
injuries. 
(10) Workers’ access to paid sick time varies 
dramatically by wage level, as demonstrated by the 
following: 
(A) For private sector workers— 
(i) for workers in the lowest quartile 
of earners, 61 percent lack paid sick time; 
(ii) for workers in the next 2 quar-
tiles, 35 and 25 percent, respectively, lack 
paid sick time; and 
(iii) even for workers in the highest 
quartile, 16 percent lack paid sick time. 
(B) For public sector workers— 
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(i) for workers in the lowest quartile 
of earners, 23 percent lack paid sick time; 
(ii) for workers in the next 2 quar-
tiles, 6 and 7 percent, respectively, lack 
paid sick time; and 
(iii) for workers in the highest quar-
tile, 2 percent lack paid sick time. 
(11) Workers’ access to paid sick days also var-
ies depending on their occupation and race. For ex-
ample, more than 80 percent of workers in food 
preparation and serving occupations lack access to 
paid sick days, compared to only 23 percent of work-
ers in management occupations. More than half of 
Latino workers and nearly half of Native American 
or Alaskan Native workers do not have access to 
paid sick days, compared to nearly 40 percent of 
white and black workers. 
(12) According to the Centers for Disease Con-
trol and Prevention, more than 1 in 3 women and 
more than 1 in 4 men in America report having ex-
perienced rape, physical abuse, or stalking by an in-
timate partner at some point in their lives. Women 
and men of color are even more likely to report 
being impacted by intimate partner violence. Too 
many people, and especially women, are forced to 
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risk losing their jobs or critical income when they 
need to take time away from work to address domes-
tic violence related issues, such as obtaining a re-
straining order or finding housing, in order to avoid 
or prevent physical or sexual abuse. 
(13) Without paid sick time that can be used 
to address the effects of domestic violence, these vic-
tims are in grave danger of losing their jobs. One 
survey found that 96 percent of employed domestic 
violence victims experienced problems at work re-
lated to the violence. The Government Accountability 
Office similarly found that 24 to 52 percent of vic-
tims report losing a job due, at least in part, to do-
mestic violence. The loss of employment can be par-
ticularly devastating for victims of domestic violence, 
who often need economic security to ensure safety. 
(14) The Centers for Disease Control and Pre-
vention has estimated that intimate partner violence 
costs over $700,000,000 annually due to the victims’ 
lost productivity in employment. 
(15) 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. 
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(16) Dozens of States, cities, and localities have 
or will soon have paid sick time laws in place and 
evidence shows that those laws are working well for 
workers, businesses, and the economy. 
(17) 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 illnesses. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to ensure that working people 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 
health care for themselves and their family members; 
(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; 
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(4) to address the historical and persistent 
widespread pattern of employment discrimination on 
the basis of gender by both private and public sector 
employers; 
(5) to accomplish the purposes described in 
paragraphs (1) through (4) in a manner that is fea-
sible for employers; and 
(6) consistent with the provision of the 14th 
Amendment to the Constitution relating to equal 
protection of the laws, and pursuant to Congress’ 
power to enforce that provision under section 5 of 
that Amendment— 
(A) to accomplish the purposes described 
in paragraphs (1) through (4) 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 child of 
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a domestic partner, a legal ward, or a child of a per-
son 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 PARTNER.— 
(A) IN
GENERAL.—The term ‘‘domestic 
partner’’, with respect to an individual, means 
another individual with whom the individual is 
in a committed relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between two individuals, 
each at least 18 years of age, in which each in-
dividual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility for a significant measure of each other’s 
common welfare. The term includes any such 
relationship between two individuals, including 
individuals of the same sex, that is granted 
legal recognition by a State or political subdivi-
sion of a State as a marriage or analogous rela-
tionship, including a civil union or domestic 
partnership. 
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(3) 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-
ceiving grant monies’’ shall be deemed to mean the 
jurisdiction in which the victim lives or the jurisdic-
tion in which the employer involved is located. Such 
term also includes dating violence, as that term is 
defined in such section. 
(4) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A)(i) an employee, as defined in section 
3(e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(e)), who is not covered under 
subparagraph (E), including such an employee 
of the Library of Congress, except that a ref-
erence in such section to an employer shall be 
considered to be a reference to an employer de-
scribed in clauses (i)(I) and (ii) of paragraph 
(5)(A); or 
(ii) an employee of the Government Ac-
countability Office; 
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(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; or 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code. 
(5) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (B), who is not covered 
under subclause (V); 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995; 
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(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; and 
(ii) is engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government), 
as defined in subparagraph (B)(iii). 
(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 year; 
(II) means a smaller employer, as 
defined in subparagraph (C), to which 
the special rule in paragraph (3) of 
section 5(a) applies; 
(III) includes— 
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(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; 
(IV) 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 
(V) includes the Government Ac-
countability Office and the Library of 
Congress. 
(ii) PUBLIC
AGENCY.—For purposes 
of clause (i)(IV), 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 
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(D) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(6) 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)). 
(7) 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 
(ii) is any other person determined by the 
Secretary to be capable of providing health care 
services; and 
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(B) is not employed by an employer for 
whom the provider issues certification under 
this Act. 
(8) 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). 
(9) PARENT.—The term ‘‘parent’’ means a bio-
logical, foster, or adoptive parent of an employee, a 
stepparent of an employee, parent-in-law, parent of 
a domestic partner, or a legal guardian or other per-
son who stood in loco parentis to an employee when 
the employee was a child. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(11) 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)). 
(12) SPOUSE.—The term ‘‘spouse’’, with re-
spect to an employee, has the meaning given such 
term by the marriage laws of the State in which the 
marriage was celebrated. 
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(13) 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)). 
(14) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(15) UNPAID SICK TIME.—The term ‘‘unpaid 
sick time’’ means the leave earned and used in the 
same manner and under the same conditions as paid 
sick time for the purposes of this Act, except that 
no compensation shall be paid. 
(16) 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. EARNED PAID SICK TIME. 
(a) EARNING OF PAID SICK TIME.— 
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(1) IN GENERAL.—An employer shall provide 
each employee employed by the employer not less 
than 1 hour of earned 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 
employee to earn, under this section, more than 56 
hours of paid sick time in a year, unless the em-
ployer chooses to set a higher limit. 
(2) EXEMPT EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (4), 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) SPECIAL
RULE
FOR
SMALLER
EMPLOY-
ERS.—A smaller employer may provide paid sick 
time as provided under paragraph (1) but if such 
smaller employer opts not to do so, the smaller em-
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ployer shall provide not fewer than 56 hours of un-
paid sick time to each employee per year to be used 
for the same purposes and under the same condi-
tions as set out in this Act. The provision and earn-
ing of unpaid sick time shall be treated in all re-
spects the same as the provision and earning of paid 
sick time under this Act. References in this Act to 
paid sick time shall, with respect to smaller employ-
ers, be deemed to be references to unpaid sick time. 
(4) DATES FOR BEGINNING TO EARN PAID SICK 
TIME AND USE.—Employees shall begin to earn paid 
sick time under this section at the commencement of 
their employment. An employee shall be entitled to 
use the earned paid sick time beginning on the 60th 
calendar day following commencement of the em-
ployee’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 sick time to an employee for use 
by such employee in advance of the employee earn-
ing such sick time as provided in this subsection and 
may permit use before the 60th day of employment. 
(5) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid sick time earned under 
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this section shall carry over from one year to 
the next. 
(B) CONSTRUCTION.—This Act shall not 
be construed to require an employer to permit 
an employee to earn more than 56 hours of 
earned paid sick time at a given time. 
(6) 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. 
(7) 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, 
or other separation from employment for earned 
paid sick time that has not been used. 
(8) 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-
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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. 
(9) 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 employee to cover the hours 
during 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, a domestic partner, or any 
other individual related by blood or affinity whose 
close association with the employee is the equivalent 
of a family relationship, who— 
(A) has any of the conditions or needs for 
diagnosis or care described in paragraph (1) or 
(2); 
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(B) in the case of someone who is a child, 
is required to attend a school meeting or a 
meeting at a place where the child is receiving 
care necessitated by the child’s health condition 
or disability; or 
(C) 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, spouse, 
domestic partner, or an individual related to the 
employee as described in paragraph (3), to re-
cover 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 
(E) take legal action, including preparing 
for or participating in any civil or criminal legal 
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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 
request for paid sick time under this sec-
tion for a purpose described in paragraph 
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(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; 
(III) the appropriate medical 
facts within the knowledge of the 
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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 
to limit the medical facts described in 
clause (i)(III) that are disclosed in the cer-
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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 14 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, domes-
tic partner, or an individual related to the 
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employee as 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 any one of the 
following forms of documentation, but the em-
ployer may not specify the particular form of 
documentation to be provided: 
(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. 
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(ii) A court order protecting or sepa-
rating the employee or a member of the 
employee’s family described in subsection 
(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— 
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(i) subclauses (III) and (IV) of sub-
paragraph (B)(i) and subparagraph (B)(ii) 
of such paragraph shall not apply; 
(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. NOTICE REQUIREMENT. 
(a) IN GENERAL.—Each employer shall notify each 
employee and include in any employee handbook the infor-
mation described in paragraphs (1) through (4). Each em-
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ployer shall post and keep posted a notice, to be prepared 
or approved in accordance with procedures specified in 
regulations prescribed under section 14, setting forth ex-
cerpts from, or summaries of, the pertinent provisions of 
this Act including— 
(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. 
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(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. 
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 or 
unpaid sick time under this Act as a negative 
factor in an employment action, such as hiring, 
promotion, reducing hours or number of shifts, 
or a disciplinary action; or 
(C) counting the paid sick time or unpaid 
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 
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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-
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— 
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(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A) or (B) of 
section 4(4); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 4(5)(A)(i). 
(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 
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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-
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 
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(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— 
(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 
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(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 
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). 
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(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 
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. 
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(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 
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 
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ment practice in violation of this Act against an employee 
described in section 4(4)(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 
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(4)(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 
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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). 
(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. AUTHORIZATION OF APPROPRIATIONS FOR EDU-
CATION AND OUTREACH. 
There is authorized to be appropriated to the Sec-
retary of Labor such sums as may be necessary in order 
that the Secretary may conduct a public awareness cam-
paign to educate and inform the public of the require-
ments for paid sick time required by this Act. 
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SEC. 10. COLLECTION OF DATA ON PAID SICK TIME AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—The Commis-
sioner of Labor Statistics shall annually compile informa-
tion on the following: 
(1) The amount of paid and unpaid sick time 
available to employees by occupation and type of em-
ployment establishment. 
(2) An estimate of the average sick time used 
by employees according to occupation and the type 
of employment establishment. 
(b) GAO STUDY.—Not later than 5 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall conduct a study to evaluate the 
implementation of this Act. Such study shall include an 
estimation of employees’ access to paid sick time, employ-
ees’ awareness of their rights under this Act, and employ-
ers’ experiences complying with this Act. Such study shall 
take into account access, awareness and experiences of 
employees by race, ethnicity, gender, and occupation. 
(c) REPORT.—Upon completion of the study required 
by subsection (b), the Comptroller General of the United 
States shall prepare and submit a report to the appro-
priate committees of Congress concerning the results of 
the study and the information compiled pursuant to sub-
section (a). 
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SEC. 11. 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, disability, sexual orientation, gender identity, 
marital status, familial status, or any other protected sta-
tus. 
(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 
amounts of paid sick time or leave, or greater coverage 
of those eligible for paid sick time or leave) than the rights 
established under this Act. 
SEC. 12. 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. 
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SEC. 13. 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. 14. 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(4) and other individ-
uals affected by employers described in subclause (I) 
or (II) of section 4(5)(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. 
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(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Not later than 90 days after 
the Secretary prescribes regulations under sub-
section (a), the Board of Directors of the Office of 
Compliance shall prescribe (in accordance with sec-
tion 304 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1384)) such regulations as are nec-
essary to carry out this Act with respect to employ-
ees described in section 4(4)(C) and other individ-
uals affected by employers described in section 
4(5)(A)(i)(III). 
(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 
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.— 
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(1) AUTHORITY.—Not later than 90 days after 
the Secretary prescribes regulations under sub-
section (a), the President (or the designee of the 
President) shall prescribe such regulations as are 
necessary to carry out this Act with respect to em-
ployees described in section 4(4)(D) and other indi-
viduals affected by employers described in section 
4(5)(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 
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 90 days after 
the Secretary prescribes regulations under sub-
section (a), the Director of the Office of Personnel 
Management shall prescribe such regulations as are 
necessary to carry out this Act with respect to em-
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ployees described in section 4(4)(E) and other indi-
viduals affected by employers described in section 
4(5)(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. 15. EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—This Act shall take effect 6 
months after the date of issuance of regulations under sec-
tion 14(a)(1). 
(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 
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(2) the date that occurs 18 months after the 
date of issuance of regulations under section 
14(a)(1). 
Æ 
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Sfmt 6301
E:\BILLS\H1516.IH
H1516
SSpencer on DSK4SPTVN1PROD with BILLS