I 
116TH CONGRESS 
2D SESSION 
H. R. 6442 
To provide Americans with paid sick time and paid leave so that they 
can address their own health needs and the health needs of their families. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2020 
Ms. DELAURO (for herself, Ms. PRESSLEY, Ms. SPEIER, Ms. HAALAND, Mr. 
RUSH, Ms. PINGREE, Mr. LARSON of Connecticut, Ms. JUDY CHU of 
California, Mr. LOWENTHAL, Ms. FUDGE, Ms. DELBENE, Mrs. BEATTY, 
Ms. KAPTUR, Ms. JAYAPAL, Mr. GREEN of Texas, Ms. GARCIA of Texas, 
Ms. WASSERMAN SCHULTZ, Mr. RYAN, Ms. SCHAKOWSKY, Ms. DEAN, 
Mr. GARCI´A of Illinois, Mr. ESPAILLAT, Ms. NORTON, Ms. SEWELL of 
Alabama, Ms. OMAR, Mr. HIGGINS of New York, Mr. POCAN, Mr. 
KHANNA, Ms. BONAMICI, Mrs. NAPOLITANO, Mrs. HAYES, Mr. LAN-
GEVIN, Mr. COURTNEY, Ms. FRANKEL, Ms. CASTOR of Florida, Mr. CAR-
SON of Indiana, Ms. OCASIO-CORTEZ, and Mr. TED LIEU of California) 
introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committees on Ways and 
Means, Oversight and Reform, House Administration, and the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To provide Americans with paid sick time and paid leave 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Americans 
Insured Days of Leave Act of 2020’’. 
TITLE 
I—DISPLACEMENT 
OF 
THE LEAVE PROVISIONS OF 
THE 
FAMILIES 
FIRST 
CORONAVIRUS 
RESPONSE 
ACT 
SEC. 101. REPEALS OF PORTIONS OF THE FAMILIES FIRST 
CORONAVIRUS RESPONSE ACT. 
(a) AFTER ENACTMENT.—If this Act is enacted after 
the Families First Coronavirus Response Act is enacted, 
divisions C, E, and G of that Act are repealed, and all 
amendments made by those divisions shall be considered 
to have no force and effect. 
(b) BEFORE ENACTMENT.—If this Act is enacted be-
fore the Families First Coronavirus Response Act is en-
acted, effective 1 day after the date of enactment of that 
Act, divisions C, E, and G of that Act are repealed, and 
all amendments made by those divisions shall be consid-
ered to have no force and effect. 
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TITLE 
II—IMMEDIATE 
REIM-
BURSEMENT OF EMPLOYERS 
FOR PAID SICK DAYS AND 
PAID 
LEAVE 
FOR 
PUBLIC 
HEALTH EMERGENCIES 
SEC. 201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS 
FOR PAID SICK DAYS AND PAID LEAVE FOR 
PUBLIC HEALTH EMERGENCIES. 
(a) IN GENERAL.— 
(1) REIMBURSEMENT.—An employer of a cov-
ered individual who uses paid sick time or emer-
gency paid leave under title III during a public 
health emergency shall be reimbursed by the Sec-
retary of the Treasury out of the Treasury of the 
United States for the wages paid to the covered indi-
vidual for the period during which the covered indi-
vidual used the paid sick time or emergency paid 
leave. 
(2) PROCESS.— 
(A) INFORMATION.—To be eligible to re-
ceive such reimbursement, the employer shall 
submit to the Secretary of Labor an affidavit 
that attests that the employer provided such 
paid sick time or emergency paid leave, and re-
lated records showing the period of and wages 
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(b) FRAUD.—The Secretary of Labor and the Sec-
retary of the Treasury shall both have authority to inves-
tigate fraud under this section and to seek recovery of 
fraudulently obtained funds and related penalties in any 
court of competent jurisdiction. 
(c) APPLICATION.— 
(1) IN GENERAL.—Except as provided for in 
paragraph (2), this section shall apply to all paid 
sick time and emergency paid leave provided by em-
ployers under title III during calendar year 2020 
and calendar year 2021. 
(2) FUTURE APPLICATION TO ADDITIONAL PAID 
SICK TIME.—This section shall apply to all addi-
tional paid sick time provided by employers under 
title III during any calendar year. 
TITLE III—PAID SICK DAYS AND 
PAID 
LEAVE 
FOR 
PUBLIC 
HEALTH EMERGENCIES 
SEC. 301. DEFINITIONS. 
In title II and this title: 
(1) CHILD.—The term ‘‘child’’ means a biologi-
cal, foster, or adopted child, a stepchild, a child of 
a domestic partner, a legal ward, or a child of a per-
son standing in loco parentis. 
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(2) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ means an individual who is— 
(A) an employee; or 
(B) an individual performing any services 
or labor for remuneration for an employer, re-
gardless of whether the individual is classified 
as an independent contractor by the employer. 
(3) 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 2 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 2 individuals, including in-
dividuals of the same sex, that is granted legal 
recognition by a State or political subdivision of 
a State as a marriage or analogous relationship, 
including a civil union or domestic partnership. 
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(4) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (34 U.S.C. 12291(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. 
(5) 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), except that a reference in 
such section to an employer shall be considered 
to be a reference to an employer described in 
clauses (i)(I) and (ii) of paragraph (6)(A); or 
(ii) an employee of the Government Ac-
countability Office; 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
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(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, or any other individual oc-
cupying a position in the civil service (as that 
term is defined in section 2102(1) of title 5, 
United States Code). 
(6) 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) 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 
one or more employees; 
(II) includes— 
(aa) any person who acts di-
rectly or indirectly in the interest 
of (within the meaning of section 
3(d) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(d))) 
an employer in relation to any of 
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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. 
(ii) PUBLIC
AGENCY.—For purposes 
of subclause (III) or (IV) of clause (i), a 
public agency shall be considered to be a 
person engaged in commerce or in an in-
dustry or activity affecting 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-
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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)). 
(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. 
(7) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to covered individuals by an em-
ployer, including group life insurance, health insur-
ance, disability insurance, sick leave, annual leave, 
educational benefits, and pensions, regardless of 
whether such benefits are provided by a practice or 
written policy of an employer or through an ‘‘em-
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ployee benefit plan’’, as defined in section 3(3) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1002(3)). 
(8) FLSA TERMS.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given the terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(9) 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 
(B) is not employed by an employer for 
whom the provider issues certification under 
this title. 
(10) PAID SICK TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave 
that— 
(A) can be— 
(i) earned by a covered individual for 
use during an absence from employment or 
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work for a reason described in any para-
graph of section 302(b); or 
(ii) provided by an employer during a 
public health emergency for use during an 
absence from employment or work for a 
reason described in any paragraph of sec-
tion 302(b); and 
(B) is compensated at a rate that is not 
less than the greatest of— 
(i) the covered individual’s regular 
rate of pay; 
(ii) the minimum wage rate provided 
for in section 6(a)(1) of the Fair Labor 
Standards 
Act 
of 
1938 
(29 
U.S.C. 
206(a)(1)); or 
(iii) the minimum wage rate provided 
for in the applicable State or local law for 
the State or locality in which the covered 
individual is employed or works. 
(11) PARENT.—The term ‘‘parent’’ means a bi-
ological, foster, or adoptive parent of a covered indi-
vidual, a stepparent of a covered individual, a par-
ent-in-law of a covered individual, a parent of a do-
mestic partner of a covered individual, or a legal 
guardian or other person who stood in loco parentis 
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to a covered individual when the covered individual 
was a child. 
(12) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means— 
(A) a public health emergency— 
(i) declared by the Secretary of 
Health and Human Services for a jurisdic-
tion, or by a State or local public health 
official with authority to declare such an 
emergency for the State or jurisdiction 
within the State; and 
(ii) due to a public health condition 
that is— 
(I) emergent and acute; and 
(II) not a longstanding, chronic 
public health condition; and 
(B) 
an 
emergency 
with 
respect 
to 
coronavirus, as defined in section 506 of the 
Coronavirus Preparedness and Response Sup-
plemental Appropriations Act, 2020 (Public 
Law 116–123), declared by a Federal, State, or 
local public official. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
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(14) 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 (34 U.S.C. 12291(a)). 
(15) SPOUSE.—The term ‘‘spouse’’, with re-
spect to a covered individual, has the meaning given 
such term by the marriage laws of the State in 
which the marriage was celebrated. 
(16) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002(a) of the 
Violence Against Women Act of 1994 (34 U.S.C. 
12291(a)). 
(17) 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). 
(18) 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, 
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or a legal services organization or other organization 
providing assistance through the legal process. 
(19) WORK.—The term ‘‘work’’ means to be 
employed or to be engaged in providing labor or 
services for an employer. 
SEC. 302. PAID SICK TIME AND EMERGENCY PAID LEAVE. 
(a) EARNING OF PAID SICK TIME.— 
(1) IN GENERAL.— 
(A) EARNING.—Subject to subsection (c) 
and paragraph (2), an employer shall provide 
each covered individual employed by or working 
for 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). 
(B) LIMIT.—An employer shall not be re-
quired to permit a covered individual to earn, 
under this subsection, more than 56 hours of 
paid sick time in a 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 subsection, 
an employee who is exempt from overtime re-
quirements under section 13(a)(1) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
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(B) PUBLIC HEALTH EMERGENCY.—Sub-
paragraph (A) shall not apply with respect to 
additional paid sick time provided under sub-
section (c). In the event of a public health 
emergency, a covered individual may imme-
diately use the accrued or additional paid sick 
time described in subsection (c), regardless of 
how long the covered individual has been em-
ployed by or working for an employer. 
(4) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid sick time earned under 
this subsection shall carry over from 1 year to 
the next. 
(B) 
CONSTRUCTION.—This 
subsection 
shall not be construed to require an employer to 
permit a covered individual to earn 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 subsection and that 
may be used for the same purposes and under the 
same conditions as the purposes and conditions out-
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lined in subsection (b) shall not be required to per-
mit a covered individual to earn more paid sick time 
under this subsection. 
(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to a covered individual from an em-
ployer upon the covered individual’s termination, 
resignation, retirement, or other separation from 
employment or work for paid sick time that has not 
been used. 
(7) REINSTATEMENT.—If a covered individual 
is separated from employment or work with an em-
ployer and is rehired or reengaged for work, within 
12 months after that separation, by the same em-
ployer, the employer shall reinstate the covered indi-
vidual’s previously earned paid sick time under this 
subsection. The covered individual shall be entitled 
to use the earned paid sick time and earn more paid 
sick time at the recommencement of employment or 
work with the employer. 
(8) PROHIBITION.—An employer may not re-
quire, as a condition of providing paid sick time 
under this title, that the covered individual involved 
search for or find a replacement covered individual 
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to cover the hours during which the covered indi-
vidual is using paid sick time. 
(9) SCHEDULING.—A covered individual shall 
make a reasonable effort to schedule a period of ac-
crued paid sick time under this subsection in a man-
ner that does not unduly disrupt the operations of 
the employer. 
(b) USES.—Paid sick time or emergency paid leave 
under this section may be used by a covered individual 
for any of the following: 
(1) An absence resulting from a physical or 
mental illness, injury, or medical condition of the 
covered individual. 
(2) An absence resulting from obtaining profes-
sional medical diagnosis or care, or preventive med-
ical care, for the covered individual. 
(3) An absence resulting from the closure of a 
covered individual’s place of employment or work by 
order of a Federal or State public official with juris-
diction, or at the employer’s discretion, due to a 
public health emergency. 
(4) An absence because a Federal or State pub-
lic official with jurisdiction or a health care provider 
has determined, or the covered individual has inde-
pendently determined, that the covered individual’s 
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presence in the community may jeopardize the 
health of others because of the covered individual’s 
exposure to a communicable disease during a public 
health emergency or the exhibition of symptoms of 
a communicable disease during a public health emer-
gency, regardless of whether the covered individual 
has actually contracted the communicable disease. 
(5) 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 covered individual is the 
equivalent of a family relationship— 
(A) who has any of the conditions or needs 
for diagnosis or care described in paragraph 
(4); 
(B) who is a child, if the child’s school or 
place of care has been closed by order of a Fed-
eral or State public official with jurisdiction or 
at the discretion of the school or place of care 
due to a public health emergency, including if 
a school or entity operating the place of care is 
physically closed but is providing education or 
care to the child remotely; or 
(C) because a Federal or State public offi-
cial with jurisdiction or a health care provider 
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has determined that the presence in the com-
munity of the person receiving care may jeop-
ardize the health of others because of the per-
son’s exposure to a communicable disease dur-
ing a public health emergency, regardless of 
whether the person has actually contracted the 
communicable disease. 
(6) 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 covered individual is the 
equivalent of a family relationship— 
(A) who has any of the conditions or needs 
for diagnosis or care described in paragraph (1) 
or (2); 
(B) who is a child, if the covered individual 
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) who is otherwise in need of care. 
(7) An absence resulting from domestic vio-
lence, sexual assault, or stalking, if the time is to— 
(A) seek medical attention for the covered 
individual or the covered individual’s child, par-
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ent, spouse, domestic partner, or an individual 
related to the covered individual as described in 
paragraph (6), to recover from physical or psy-
chological injury or disability caused by domes-
tic violence, sexual assault, or stalking; 
(B) obtain or assist a related person de-
scribed in paragraph (6) in obtaining services 
from a victim services organization; 
(C) obtain or assist a related person de-
scribed in paragraph (6) 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 
proceeding related to or resulting from domestic 
violence, sexual assault, or stalking. 
(c) ADDITIONAL PAID SICK TIME
FOR PUBLIC 
HEALTH EMERGENCY.— 
(1) ADDITIONAL PAID SICK TIME.—On the date 
of a declaration of a public health emergency, an 
employer in the jurisdiction involved shall provide 
each covered individual of the employer in that juris-
diction with additional paid sick time, in addition to 
any amount of paid sick time accrued by the covered 
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individual under subsection (a) (including paid leave 
referred to in subsection (a)(5)). 
(2) AMOUNT OF PAID SICK TIME.—In receiving 
additional paid sick time under paragraph (1), the 
covered individual shall receive— 
(A) for a full-time salaried covered indi-
vidual, a specified amount of paid sick time 
that is sufficient to provide the covered indi-
vidual with 14 continuous days away from work 
without a reduction in pay; and 
(B) subject to paragraph (3), for a part- 
time, hourly, or piece-rate covered individual, a 
specified amount of paid sick time equal to the 
number of hours that the covered individual 
was scheduled to work or, if not so scheduled, 
regularly works in a 14-day period. 
(3) VARYING
SCHEDULE
HOURS
CALCULA-
TION.— 
(A) IN GENERAL.—In the case of a part- 
time, hourly, or piece-rate covered individual de-
scribed in paragraph (2)(B) whose schedule 
varies from week to week to such an extent that 
an employer is unable to determine with cer-
tainty the number of hours the covered indi-
vidual regularly works, the employer shall use 
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the rules specified in subparagraph (B) to cal-
culate the amount of additional paid sick time 
that the covered individual shall receive under 
paragraph (2)(B). 
(B) SPECIAL CALCULATION RULES.—The 
employer shall calculate that amount as— 
(i) subject to clause (ii), a number 
equal to the average number of hours that 
the covered individual was scheduled to 
work per 14-day period over the 6-month 
period ending on the date on which the 
covered individual takes such additional 
paid sick time, including hours for which 
the covered individual took leave of any 
type; or 
(ii) if the covered individual did not 
work over such 6-month period, the rea-
sonable expectation of the covered indi-
vidual at the time of hiring or engagement 
of the average number of hours per 14-day 
period that the covered individual would 
regularly be scheduled to work. 
(4) GUIDELINES.—Not later than 5 days after 
the date of the enactment of this Act, the Secretary 
of Labor shall issue guidelines to assist employers in 
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calculating the amount of additional paid sick time 
that a covered individual shall receive under this 
subsection. 
(5) USE OF LEAVE.—The additional sick time 
and accrued sick time described in this subsection 
shall be available for immediate use by the covered 
individual for the purposes described in any para-
graph of subsection (b) beginning on the date a pub-
lic health emergency is declared, regardless of how 
long the covered individual has been employed by or 
working for an employer. 
(6) PERIODS.—A covered individual may take 
the additional sick time on the schedule that meets 
the covered individual’s needs, consistent with sub-
section (b), including taking the additional sick time 
intermittently or on a reduced leave schedule, and 
an employer may not require a covered individual to 
take the additional sick time in a single period or on 
any other schedule specified by the employer. 
(d) EMERGENCY PAID LEAVE FOR PUBLIC HEALTH 
EMERGENCY.— 
(1) IN GENERAL.—Subject to section 401, dur-
ing a public health emergency, an employer in the 
jurisdiction involved shall provide each covered indi-
vidual of the employer in that jurisdiction with 
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emergency paid leave, in addition to any amount of 
paid sick time accrued by the covered individual 
under subsection (a) (including paid leave referred 
to in subsection (a)(5)) and in addition to additional 
paid sick time under subsection (c). 
(2) AMOUNT
OF
PAID
LEAVE.—In receiving 
emergency paid leave under paragraph (1), the cov-
ered individual shall receive 12 weeks of such paid 
leave. 
(3) AMOUNT OF BENEFIT.—In receiving emer-
gency paid leave under paragraph (1), the covered 
individual shall be compensated at a rate that is not 
less than the greatest of— 
(A) two-thirds of the covered individual’s 
regular rate of pay; 
(B) the minimum wage rate provided for in 
section 6(a)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(a)(1)); or 
(C) the minimum wage rate provided for in 
the applicable State or local law for the State 
or locality in which the covered individual is 
employed or working. 
(4) USE OF LEAVE.—The emergency paid leave 
described in this subsection shall be available for im-
mediate use by the covered individual for the pur-
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poses described in any paragraph of subsection (b), 
and for qualified caregiving, as defined in section 
402 and in a manner such that section 404(j) shall 
apply, beginning on the date a public health emer-
gency is declared, regardless of how long the covered 
individual has been employed by or working for an 
employer. 
(5) PERIODS.—A covered individual may take 
the emergency paid leave on the schedule that meets 
the covered individual’s needs, consistent with sub-
section (b) and section 402, including taking the 
emergency paid leave intermittently or on a reduced 
leave schedule, and an employer may not require a 
covered individual to take the emergency paid leave 
in a single period or on any other schedule specified 
by the employer. 
(6) SEQUENCING.—During a public health 
emergency, a covered individual may first use the 
additional sick time for the purposes described in 
any paragraph of subsection (b). The covered indi-
vidual may then use the emergency paid leave during 
a public health emergency. A covered individual may 
elect to use accrued sick time before additional sick 
time or emergency paid leave. An employer may not 
require a covered individual to use accrued sick time 
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or any other paid leave provided by the employer to 
the covered individual, before using additional sick 
time or emergency paid leave. 
(7) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to a covered individual from an em-
ployer upon the covered individual’s termination, 
resignation, retirement, or other separation from 
employment or work for emergency paid leave that 
has not been used. 
(8) PROHIBITION.—An employer may not re-
quire, as a condition of providing emergency paid 
leave under this title, that the covered individual in-
volved search for or find a replacement covered indi-
vidual to cover the hours during which the covered 
individual is using emergency paid leave. 
(e) PROCEDURES.— 
(1) IN GENERAL.—Paid sick time and emer-
gency paid leave shall be provided upon the oral or 
written request of a covered individual. Such request 
shall— 
(A) include the expected duration of the 
period of such time or leave; 
(B) in a case in which the need for such 
period of time is foreseeable at least 7 days in 
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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 covered individual is aware of 
the need for such period. 
(2) CERTIFICATION IN GENERAL.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graphs (C) and (D), an employer may re-
quire that a request for paid sick time 
under this section for a purpose described 
in paragraph (1), (2), or (6) of subsection 
(b) be supported by a certification issued 
by the health care provider of the covered 
individual or of an individual described in 
subsection (b)(6), as appropriate, if the pe-
riod of such time covers more than 3 con-
secutive workdays. 
(ii) TIMELINESS.—The covered indi-
vidual shall provide a copy of such certifi-
cation to the employer in a timely manner, 
not later than 30 days after the first day 
of the period of time. The employer shall 
not delay the commencement of the period 
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of time on the basis that the employer has 
not yet received 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 
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 
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(cc) for purposes of such time 
under subsection (b)(6), 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-
tification to the minimum necessary to es-
tablish a need for the covered individual to 
utilize paid sick time. 
(C) PUBLIC HEALTH EMERGENCIES.—No 
certification or other documentation may be re-
quired under this title by an employer during 
any public health emergency. 
(D) 
REGULATIONS.—Regulations 
pre-
scribed under section 311 shall specify the man-
ner in which a covered individual who does not 
have health insurance shall provide a certifi-
cation for purposes of this paragraph. 
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(E) CONFIDENTIALITY
AND
NONDISCLO-
SURE.— 
(i) PROTECTED
HEALTH
INFORMA-
TION.—Nothing in this title 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 a covered indi-
vidual or a covered individual’s child, par-
ent, spouse, domestic partner, or an indi-
vidual related to the covered individual as 
described in subsection (b)(6), such infor-
mation 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 
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(III) not be disclosed except to 
the affected covered individual or with 
the permission of the affected covered 
individual. 
(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 for a 
purpose described in subsection (b)(7) be sup-
ported by any one of the following forms of doc-
umentation, but the employer may not specify 
the particular form of documentation to be pro-
vided: 
(i) A police report indicating that the 
covered individual, or a member of the cov-
ered individual’s family described in sub-
section (b)(7), was a victim of domestic vi-
olence, sexual assault, or stalking. 
(ii) A court order protecting or sepa-
rating the covered individual or a member 
of the covered individual’s family described 
in subsection (b)(7) from the perpetrator 
of an act of domestic violence, sexual as-
sault, or stalking, or other evidence from 
the court or prosecuting attorney that the 
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covered individual or a member of the cov-
ered individual’s family described in sub-
section (b)(7) has appeared in court or is 
scheduled to appear in court in a pro-
ceeding related to domestic violence, sexual 
assault, or stalking. 
(iii) Other documentation signed by a 
covered individual or volunteer working for 
a victim services organization, an attorney, 
a police officer, a medical professional, a 
social worker, an antiviolence counselor, or 
a member of the clergy, affirming that the 
covered individual or a member of the cov-
ered individual’s family described in sub-
section (b)(7) is a victim of domestic vio-
lence, 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; 
(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the min-
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imum necessary to establish a need for the 
covered individual to be absent from work, 
and the covered individual shall not be re-
quired to explain the details of the domes-
tic violence, sexual assault, or stalking in-
volved; and 
(iii) with respect to confidentiality 
under subparagraph (E) 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 covered individual; or 
(II) otherwise required by appli-
cable Federal or State law. 
(f) RESTORATION TO POSITION.—The provisions of 
section 104(a) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2614(a)) or section 6384 of title 5, 
United States Code, as the case may be, shall apply to 
a covered individual taking accrued or additional paid sick 
time, or emergency paid leave, under this title, and to the 
employer of the covered individual. Such provisions shall 
be enforced in accordance with this title. 
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(g) MAINTENANCE
OF HEALTH BENEFITS.—The 
provisions of section 104(c)(1) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2614(c)(1)) shall apply to 
a covered individual taking accrued or additional paid sick 
time, or emergency paid leave, under this title, and to the 
employer of the covered individual. Such provisions shall 
be enforced in accordance with this title. 
(h) NO EFFECT
ON ELIGIBILITY
FOR SUPPLE-
MENTAL SECURITY INCOME.—Any paid sick time or emer-
gency paid leave provided to a covered individual under 
this title shall not be regarded as income or resources for 
any month, for purposes of determining the eligibility of 
the recipient (or the recipient’s spouse or family) for bene-
fits or assistance, or the amount or extent of benefits or 
assistance, under the supplemental security income pro-
gram established under title XVI of the Social Security 
Act (42 U.S.C. 1381 et seq.). 
SEC. 303. EMPLOYMENT UNDER MULTIEMPLOYER COLLEC-
TIVE BARGAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multi-
employer collective bargaining agreement may, consistent 
with its bargaining obligations and its collective bar-
gaining agreement, fulfill its obligations under this title 
by making contributions to a multiemployer fund, plan, 
or program based on the hours of paid sick time, and of 
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emergency paid leave, each of its employees is entitled to 
under this title while working under the multiemployer col-
lective bargaining agreement, provided that the fund, plan, 
or program enables employees to secure pay from such 
fund, plan, or program based on the hours the employees 
have worked under the multiemployer collective bargaining 
agreement and for the amount of time and uses specified 
under this title. 
(b) EMPLOYEES.—Employees who work under a mul-
tiemployer collective bargaining agreement into which 
their employers make contributions as provided in sub-
section (a) may secure pay from such fund, plan, or pro-
gram based on hours the employees have worked under 
the multiemployer collective bargaining agreement for the 
amount of time and uses specified under this title. 
SEC. 304. NOTICE REQUIREMENT. 
(a) IN GENERAL.—Each employer shall notify each 
covered individual and include in any covered individual 
handbook the information described in paragraphs (1) 
through (4). Each employer shall post and keep posted 
a notice, to be prepared or approved in accordance with 
procedures specified in regulations prescribed under sec-
tion 311, setting forth excerpts from, or summaries of, 
the pertinent provisions of this title including— 
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(1) information describing paid sick time and 
paid emergency leave available to covered individuals 
under this title; 
(2) information pertaining to the filing of an 
action under this title; 
(3) the details of the notice requirement for a 
foreseeable 
period 
of 
time 
under 
section 
302(e)(1)(B); and 
(4) information that describes— 
(A) the protections that a covered indi-
vidual has in exercising rights under this title; 
and 
(B) how the covered individual can contact 
the Secretary (or other appropriate authority as 
described in section 306) if any of the rights 
are violated. 
(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 covered individuals (in-
cluding applicants) are customarily posted; or 
(2) in covered individual handbooks. 
(c) MODEL NOTICE.—Not later than 5 days after the 
date of enactment of this Act, the Secretary of Labor shall 
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make publicly available a model notice that meets the re-
quirements of subsection (a). 
(d) 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. 305. 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 title, 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 title; 
(B) using the taking of paid sick time or 
emergency paid leave under this title as a nega-
tive factor in an employment action or work-re-
lated action, such as hiring, promotion, reduc-
ing hours or number of shifts, or a disciplinary 
action; or 
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(C) counting the paid sick time or emer-
gency paid leave 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 title. 
(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 title; 
(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 title; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this title. 
(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 
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Act of 1993 (29 U.S.C. 2615) is less than the scope of 
the activities prohibited by this section. 
SEC. 306. 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 301(5) or a corresponding covered indi-
vidual; and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 301(6)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this title, or any regula-
tion or order issued under this title, 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 
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this title 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 title or any regula-
tion or order issued pursuant to this title, 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 
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in subparagraph (C) may be maintained against 
any employer in any Federal or State court of 
competent jurisdiction by one or more employ-
ees 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) NO
WAIVER.—In such an action 
brought by one or more employees or individ-
uals or their representative for and on behalf of 
the persons described in clause (i) or (ii) of sub-
paragraph (A), to enforce the rights in this 
title, no court of competent jurisdiction may 
grant an employer’s motion to compel arbitra-
tion, under chapter 1 of title 9, United States 
Code, or any analogous State arbitration stat-
ute, of the claims involved. An employee’s right 
to bring an action on behalf of similarly situ-
ated employees to enforce such rights may not 
be subject to any private agreement that pur-
ports to require the employees to pursue claims 
on an individual basis. 
(C) LIABILITY.—Any employer who vio-
lates section 305 (including a violation relating 
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to rights provided under section 302) 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, or the specified pe-
riod 
described 
in 
subsection 
(c)(2) or (d)(2) of section 302, or 
a combination of those hours and 
that period, as the case may be; 
(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. 
(D) 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 305 
(including a violation relating to rights provided 
under section 302) 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)(C)(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 305 (including a willful violation relating to 
rights provided under section 302), 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 305 
(including a violation relating to rights provided 
under section 302), including the restraint of 
any withholding of payment of wages, salary, 
employment benefits, or other compensation, 
plus interest, found by the court to be due to 
employees or individuals eligible under this title; 
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). 
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(8) GOVERNMENT ACCOUNTABILITY OFFICE.— 
Notwithstanding any other provision of this sub-
section, in the case of the Government Account-
ability Office, the authority of the Secretary of 
Labor under this subsection shall be exercised by the 
Comptroller General of the United States. 
(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.) including section 
401(d) of such Act (2 U.S.C. 1401(d)), to the Board (as 
defined in section 101 of that Act (2 U.S.C. 1301)), the 
corresponding Federal agency described in that section 
401(d), or any person, alleging a violation of subsection 
(a)(1) of section 202 of that Act (2 U.S.C. 1312) shall 
be the powers, remedies, and procedures this title provides 
to that Board, the corresponding Federal agency, or any 
person, alleging an unlawful employment practice in viola-
tion of this title against an employee described in section 
301(5)(C) or a corresponding covered individual. 
(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 
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412(a)(1) of that title, shall be the powers, remedies, and 
procedures this title provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
ment practice in violation of this title against an employee 
described in section 301(5)(D) or a corresponding covered 
individual. 
(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 title provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this title against an employee described 
in section 301(5)(E) or a corresponding covered indi-
vidual. 
(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 a covered individual of that pro-
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gram or activity under this title for equitable, legal, 
or other relief authorized under this title. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any covered individual who has complied with the 
procedures under subsection (a)(3), for injunctive re-
lief that is authorized under this title. In such a suit 
the court may award to the prevailing party those 
costs authorized by section 722 of the Revised Stat-
utes (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. 307. EDUCATION AND OUTREACH. 
The Secretary may conduct a public awareness cam-
paign to educate and inform the public of the require-
ments for paid sick time and paid emergency leave re-
quired by this title. 
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SEC. 308. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this title 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 title 
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 title. 
SEC. 309. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this title 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 covered in-
dividuals than the rights established under this title. 
(b) LESS PROTECTIVE.—The rights established for 
covered individuals under this title shall not be diminished 
by any contract, collective bargaining agreement, or any 
employment benefit program or plan. 
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SEC. 310. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this title shall be construed to discourage 
employers from adopting or retaining leave policies more 
generous than policies that comply with the requirements 
of this title. 
SEC. 311. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2) and subject to subsection (e), 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 title with respect 
to employees described in subparagraph (A) or (B) 
of section 301(5), corresponding covered individuals, 
and other individuals affected by employers de-
scribed in subclause (I) or (II) of section 
301(6)(A)(i). 
(2) GOVERNMENT ACCOUNTABILITY OFFICE.— 
Subject to subsection (e), the Comptroller General of 
the United States shall prescribe the regulations 
with respect to employees of the Government Ac-
countability Office, corresponding covered individ-
uals, and other individuals affected by the Comp-
troller General of the United States. 
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(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the Board of Di-
rectors of the Office of Congressional Workplace 
Rights shall prescribe (in accordance with section 
304 of the Congressional Accountability Act of 1995 
(2 U.S.C. 1384)) and the corresponding Federal 
agency described in section 401(d) of such Act (2 
U.S.C. 1401(d)) shall prescribe such regulations as 
are necessary to carry out this title with respect to 
employees described in section 301(5)(C), cor-
responding covered individuals, and other individuals 
affected 
by 
employers 
described 
in 
section 
301(6)(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 title 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-
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mentation of the rights and protections involved 
under this section. 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the President (or 
the designee of the President) shall prescribe such 
regulations as are necessary to carry out this title 
with respect to employees described in section 
301(5)(D), corresponding covered individuals, and 
other individuals affected by employers described in 
section 301(6)(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 title 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.— 
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(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the Director of the 
Office of Personnel Management shall prescribe such 
regulations as are necessary to carry out this title 
with respect to employees described in section 
301(5)(E), corresponding covered individuals, and 
other individuals affected by employers described in 
section 301(6)(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 title except insofar as the 
Director 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. 
(e) IMMEDIATE COMPLIANCE BY EMPLOYERS.—The 
rights and responsibilities specified in this title shall apply 
to employers on the first Sunday following enactment of 
this Act and employers shall comply on such date, without 
regard to whether regulations have been prescribed under 
this section. 
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SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
title II and this title such sums as may be necessary for 
fiscal year 2020 and each subsequent fiscal year. 
SEC. 313. EFFECTIVE DATES. 
(a) IN GENERAL.—Titles I through III take effect 
on the date of enactment of this Act. 
(b) PREVIOUS DECLARATIONS.—If a public health 
emergency was declared before and remains in effect on 
the date of enactment of this Act, for purposes of titles 
I through III (and in particular section 302(c) of this Act) 
the public health emergency shall be considered to have 
been declared on the date of enactment of this Act, includ-
ing an emergency described in section 301(12)(B). 
TITLE IV—FAMILY AND MEDICAL 
LEAVE INSURANCE BENEFITS 
SEC. 401. SUNSET. 
On December 31, 2021, subsection (d) of section 302 
is repealed. 
SEC. 402. DEFINITIONS. 
In this title, the following definitions apply: 
(1) CAREGIVING
DAY.—The term ‘‘caregiving 
day’’ means, with respect to an individual, a cal-
endar day in which the individual engaged in quali-
fied caregiving. 
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(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(3) DEPUTY COMMISSIONER.—The term ‘‘Dep-
uty Commissioner’’ means the Deputy Commissioner 
who heads the Office of Paid Family and Medical 
Leave established under section 403(a). 
(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual who is entitled to a 
benefit under section 404 for a particular month, 
upon filing an application for such benefit for such 
month. 
(5) INITIAL WAITING PERIOD.—The term ‘‘ini-
tial waiting period’’ means a period beginning with 
the first caregiving day of an individual occurring 
during the individual’s benefit period and ending 
after the earlier of— 
(A) the fifth caregiving day of the indi-
vidual occurring during the benefit period; or 
(B) the month preceding the first month in 
the benefit period during which occur not less 
than 15 caregiving days of the individual. 
(6) QUALIFIED CAREGIVING.—The term ‘‘quali-
fied caregiving’’ means any activity engaged in by an 
individual, other than regular employment, for a rea-
son for which an eligible employee would be entitled 
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to leave under subparagraphs (A) through (E) of 
paragraph (1) of section 102(a) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2612(a)). 
(7) SELF-EMPLOYMENT
INCOME.—The term 
‘‘self-employment income’’ has the same meaning as 
such term in section 211(b) of such Act (42 U.S.C. 
411(b)). 
(8) STATE.—The term ‘‘State’’ means any 
State of the United States or the District of Colum-
bia or any territory or possession of the United 
States. 
(9) WAGES.—The term ‘‘wages’’, except as such 
term is used in subsection (h)(2) of section 404, has 
the same meaning as such term in section 209 of the 
Social Security Act (42 U.S.C. 409). 
(10) 60-DAY
LIMITATION
PERIOD.—The term 
‘‘60-day limitation period’’ means a period— 
(A) beginning with the first caregiving day 
of an individual occurring during the individ-
ual’s benefit period and after the expiration of 
the individual’s 5-day waiting period, if applica-
ble; and 
(B) ending with the 60th caregiving day of 
the individual occurring during the benefit pe-
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riod and after the expiration of the 5-day wait-
ing period, 
disregarding any caregiving day of the individual oc-
curring during any month in the benefit period after 
the first 20 caregiving days of the individual occur-
ring during such month. 
SEC. 403. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. 
(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished within the Social Security Administration an office 
to be known as the Office of Paid Family and Medical 
Leave. The Office shall be headed by a Deputy Commis-
sioner who shall be appointed by the Commissioner. 
(b) 
RESPONSIBILITIES
OF
DEPUTY
COMMIS-
SIONER.—The Commissioner, acting through the Deputy 
Commissioner, shall be responsible for— 
(1) hiring personnel and making employment 
decisions with regard to such personnel; 
(2) issuing such regulations as may be nec-
essary to carry out the purposes of this title; 
(3) entering into cooperative agreements with 
other agencies and departments to ensure the effi-
ciency of the administration of the program; 
(4) determining eligibility for family and med-
ical leave insurance benefits under section 404; 
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(5) determining benefit amounts for each 
month of such eligibility and making timely pay-
ments of such benefits to entitled individuals in ac-
cordance with such section; 
(6) establishing and maintaining a system of 
records relating to the administration of such sec-
tion; 
(7) preventing fraud and abuse relating to such 
benefits; 
(8) providing information on request regarding 
eligibility requirements, the claims process, benefit 
amounts, maximum benefits payable, notice require-
ments, nondiscrimination rights, confidentiality, co-
ordination of leave under this title and other laws, 
collective bargaining agreements, and employer poli-
cies; 
(9) annually providing employers a notice in-
forming employees of the availability of such bene-
fits; 
(10) annually making available to the public a 
report that includes the number of individuals who 
received such benefits, the purposes for which such 
benefits were received, and an analysis of utilization 
rates of such benefits by gender, race, ethnicity, and 
income levels; and 
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(11) tailoring culturally and linguistically com-
petent education and outreach toward increasing uti-
lization rates of benefits under such section. 
(c) AVAILABILITY
OF DATA.—The Commissioner 
shall make available to the Deputy Commissioner such 
data as the Commissioner determines necessary to enable 
the Deputy Commissioner to effectively carry out the re-
sponsibilities described in subsection (b). 
SEC. 404. FAMILY AND MEDICAL LEAVE INSURANCE BEN-
EFIT PAYMENTS. 
(a) IN GENERAL.—Every individual who— 
(1) is insured for disability insurance benefits 
(as determined under section 223(c) of the Social 
Security Act (42 U.S.C. 423(c))) at the time such 
individual’s application is filed; 
(2) has earned income from employment during 
the 12 months prior to the month in which the ap-
plication is filed; 
(3) has filed an application for a family and 
medical leave insurance benefit in accordance with 
subsection (d); and 
(4) was engaged in qualified caregiving, or an-
ticipates being so engaged, during the period that 
begins 90 days before the date on which such appli-
cation is filed or within 30 days after such date, 
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shall be entitled to such a benefit for each month in the 
benefit period specified in subsection (c), not to exceed 60 
caregiving days per benefit period. 
(b) BENEFIT AMOUNT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the benefit amount to which 
an individual is entitled under this section for a 
month shall be an amount equal to the greater of— 
(A) the lesser of 1⁄18 of the wages and self- 
employment income of the individual for the 
calendar year in which such wages and self-em-
ployment income are the highest among the 
most recent three calendar years, or the max-
imum benefit amount determined under para-
graph (2); or 
(B) the minimum benefit amount deter-
mined under paragraph (2), 
multiplied by the quotient (not greater than 1) ob-
tained by dividing the number of caregiving days of 
the individual in such month by 20. 
(2) ANNUAL INCREASE OF MAXIMUM AND MIN-
IMUM BENEFIT AMOUNTS.— 
(A) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in calendar year 2022, the maximum 
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monthly benefit amount and the minimum 
monthly benefit amount shall be $4,000 and 
$580, respectively. 
(B) For individuals who initially become el-
igible for family and medical leave insurance 
benefits in any calendar year after calendar 
year 2022 the maximum benefit amount and 
the minimum benefit amount shall be, respec-
tively, the product of the corresponding amount 
determined with respect to calendar year 2022 
and the quotient obtained by dividing— 
(i) the national average wage index 
(as defined in section 209(k)(1) of the So-
cial Security Act (42 U.S.C. 409(k)(1))) 
for the second calendar year preceding the 
calendar year for which the determination 
is made, by 
(ii) the national average wage index 
(as so defined) for 2020. 
(3) LIMITATIONS ON BENEFITS PAID.— 
(A) NONPAYABLE WAITING PERIOD.—Any 
calendar day during an individual’s benefit pe-
riod which occurs before the expiration of an 
initial waiting period shall not be taken into ac-
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count under this subsection as a caregiving day 
of the individual. 
(B) LIMITATION
ON
TOTAL
BENEFITS 
PAID.—Any calendar day during an individual’s 
benefit period which occurs after the expiration 
of a 60-day limitation period shall not be taken 
into account under this subsection as a 
caregiving day of the individual. 
(4) REDUCTION IN BENEFIT AMOUNT ON AC-
COUNT OF RECEIPT OF CERTAIN BENEFITS.—A ben-
efit under this section for a month shall be reduced 
by the amount, if any, in certain benefits (as deter-
mined under regulations issued by the Commis-
sioner) as may be otherwise received by an indi-
vidual. For purposes of the preceding sentence, cer-
tain benefits include— 
(A) periodic benefits on account of such in-
dividual’s total or partial disability under a 
workmen’s compensation law or plan of the 
United States or a State; and 
(B) periodic benefits on account of an indi-
vidual’s employment status under an unemploy-
ment law or plan of the United States or a 
State. 
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(5) COORDINATION OF BENEFIT AMOUNT WITH 
CERTAIN
STATE
BENEFITS.—A benefit received 
under this section shall be coordinated, in a manner 
determined by regulations issued by the Commis-
sioner, with the periodic benefits received from tem-
porary disability insurance or family leave insurance 
programs under any law or plan of a State, a polit-
ical subdivision (as that term is used in section 
218(b)(2) of the Social Security Act (42 U.S.C. 
418(b)(2))), or an instrumentality of two or more 
States (as that term is used in section 218(g) of 
such Act (42 U.S.C. 418(g))). 
(c) BENEFIT PERIOD.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the benefit period specified in this sub-
section shall begin on the 1st day of the 1st month 
in which the individual meets the criteria specified in 
paragraphs (1), (2), and (3) of subsection (a), and 
shall end on the date that is 365 days after the 1st 
day of the benefit period. 
(2) RETROACTIVE BENEFITS.—In the case of 
an application for benefits under this section for 
qualified caregiving in which the individual was en-
gaged at any time during the 90-day period pre-
ceding the date on which such application is sub-
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mitted, the benefit period specified in this subsection 
shall begin on the later of— 
(A) the 1st day of the 1st month in which 
the individual engaged in such qualified 
caregiving; or 
(B) the 1st day of the 1st month that be-
gins during such 90-day period, 
and shall end on the date that is 365 days after the 
1st day of the benefit period. 
(d) APPLICATION.—An application for a family and 
medical leave insurance benefit shall include— 
(1) a statement that the individual was engaged 
in qualified caregiving, or anticipates being so en-
gaged, during the period that begins 90 days before 
the date on which the application is submitted or 
within 30 days after such date; 
(2) if the qualified caregiving described in the 
statement in paragraph (1) is engaged in by the in-
dividual because of a serious health condition of the 
individual or a relative of the individual, a certifi-
cation, issued by the health care provider treating 
such serious health condition, that affirms the infor-
mation specified in paragraph (1) and contains such 
information as the Commissioner shall specify in 
regulations, which shall be no more than the infor-
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mation that is required to be stated under section 
103(b) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2613(b)); 
(3) if such qualified caregiving is engaged in by 
the individual for any other authorized reason, a cer-
tification, issued by a relevant authority determined 
under regulations issued by the Commissioner, that 
affirms the circumstances giving rise to such reason; 
and 
(4) an attestation from the applicant that his or 
her employer has been provided with written notice 
of the individual’s intention to take family or med-
ical leave, if the individual has an employer, or to 
the Commissioner in all other cases. 
(e) INELIGIBILITY; DISQUALIFICATION.— 
(1) INELIGIBILITY
FOR
BENEFIT.—An indi-
vidual shall be ineligible for a benefit under this sec-
tion for any month for which the individual is enti-
tled to— 
(A) disability insurance benefits under sec-
tion 223 of the Social Security Act (42 U.S.C. 
423) or a similar permanent disability program 
under any law or plan of a State or political 
subdivision or instrumentality of a State (as 
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such terms are used in section 218 of the Social 
Security Act (42 U.S.C. 418)); 
(B) monthly insurance benefits under sec-
tion 202 of such Act (42 U.S.C. 402) based on 
such individual’s disability (as defined in sec-
tion 223(d) of such Act (42 U.S.C. 423(d))); or 
(C) benefits under title XVI of such Act 
(42 U.S.C. 1381 et seq.) based on such individ-
ual’s status as a disabled individual (as deter-
mined under section 1614 of such Act (42 
U.S.C. 1382c)). 
(2) DISQUALIFICATION.—An individual who has 
been convicted of a violation under section 208 of 
the Social Security Act (42 U.S.C. 408) or who has 
been found to have used false statements to secure 
benefits under this section, shall be ineligible for 
benefits under this section for a 1-year period fol-
lowing the date of such conviction. 
(f) REVIEW OF ELIGIBILITY AND BENEFIT PAYMENT 
DETERMINATIONS.— 
(1) ELIGIBILITY DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall provide notice to an individual applying 
for benefits under this section of the initial de-
termination of eligibility for such benefits, and 
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the estimated benefit amount for a month in 
which one caregiving day of the individual oc-
curs, as soon as practicable after the applica-
tion is received. 
(B) REVIEW.—An individual may request 
review of an initial adverse determination with 
respect to such application at any time before 
the end of the 20-day period that begins on the 
date notice of such determination is received, 
except that such 20-day period may be extended 
for good cause. As soon as practicable after the 
individual requests review of the determination, 
the Commissioner shall provide notice to the in-
dividual of a final determination of eligibility 
for benefits under this section. 
(2) BENEFIT PAYMENT DETERMINATIONS.— 
(A) IN
GENERAL.—The Commissioner 
shall make any monthly benefit payment to an 
individual claiming benefits for a month under 
this section, or provide notice of the reason 
such payment will not be made if the Commis-
sioner determines that the individual is not en-
titled to payment for such month, not later 
than 20 days after the individual’s monthly 
benefit claim report for such month is received. 
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Such monthly report shall be filed with the 
Commissioner not later than 15 days after the 
end of each month. 
(B) REVIEW.—If the Commissioner deter-
mines that payment will not be made to an in-
dividual for a month, or if the Commissioner 
determines that payment shall be made based 
on a number of caregiving days in the month 
inconsistent with the number of caregiving days 
in the monthly benefit claim report of the indi-
vidual for such month, the individual may re-
quest review of such determination at any time 
before the end of the 20-day period that begins 
on the date notice of such determination is re-
ceived, except that such 20-day period may be 
extended for good cause. Not later than 20 days 
after the individual requests review of the deter-
mination, the Commissioner shall provide notice 
to the individual of a final determination of 
payment for such month, and shall make pay-
ment to the individual of any additional amount 
not included in the initial payment to the indi-
vidual for such month to which the Commis-
sioner determines the individual is entitled. 
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SEC. 406. INTERNAL REVENUE CODE PROVISIONS. 
(a) IN GENERAL.— 
(1) EMPLOYEE CONTRIBUTION.—Section 3101 
of the Internal Revenue Code of 1986 is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
‘‘(1) IN GENERAL.—In addition to other taxes, 
there is hereby imposed on the income of every indi-
vidual a tax equal to the applicable percentage of the 
wages (as defined in section 3121(a)) received by the 
individual with respect to employment (as defined in 
section 3121(b)). 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the term ‘applicable percentage’ 
means 0.2 percent in the case of wages received in 
any calendar year.’’. 
(2) EMPLOYER CONTRIBUTION.—Section 3111 
of such Code is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) FAMILY AND MEDICAL LEAVE INSURANCE.— 
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