(A) IN GENERAL.—To ensure compliance 
with the provisions of this Act, or any regula-
tion or order issued under this Act, the Sec-
retary shall have, subject to subparagraph (C), 
the investigative authority provided under sec-
tion 11(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(a)), with respect to em-
ployers, employees, and other individuals af-
fected. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this Act in accordance with section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations pre-
scribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
shall not require, under the authority of this 
paragraph, an employer to submit to the Sec-
retary any books or records more than once 
during any 12-month period, unless the Sec-
retary has reasonable cause to believe there 
may exist a violation of this Act or any regula-
tion or order issued pursuant to this Act, or is 
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investigating a charge pursuant to paragraph 
(4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation provided for in this 
paragraph, the Secretary shall have the sub-
poena authority provided for under section 9 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 209). 
(3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
UALS.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against any employer in any Federal or State 
court of competent jurisdiction by one or more 
employees or individuals or their representative 
for and on behalf of— 
(i) the employees or individuals; or 
(ii) the employees or individuals and 
others similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 7 (including a violation relating to 
rights provided under section 5) shall be liable 
to any employee or individual affected— 
(i) for damages equal to— 
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(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 7 days of 
wages or salary for the employee 
or individual; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(C) FEES AND COSTS.—The court in an 
action under this paragraph shall, in addition to 
any judgment awarded to the plaintiff, allow a 
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reasonable attorney’s fee, reasonable expert wit-
ness fees, and other costs of the action to be 
paid by the defendant. 
(4) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of section 7 (in-
cluding a violation relating to rights provided 
under section 5) in the same manner that the 
Secretary receives, investigates, and attempts to 
resolve complaints of violations of sections 6 
and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (3)(B)(i). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee or individual affected. 
Any such sums not paid to an employee or indi-
vidual affected because of inability to do so 
within a period of 3 years shall be deposited 
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into the Treasury of the United States as mis-
cellaneous receipts. 
(5) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (3), (4), or (6) not later than 
2 years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) WILLFUL VIOLATION.—In the case of 
an action brought for a willful violation of sec-
tion 7 (including a willful violation relating to 
rights provided under section 5), such action 
may be brought within 3 years of the date of 
the last event constituting the alleged violation 
for which such action is brought. 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced under paragraph 
(3), (4), or (6) for the purposes of this para-
graph, it shall be considered to be commenced 
on the date when the complaint is filed. 
(6) ACTION FOR INJUNCTION BY SECRETARY.— 
The district courts of the United States shall have 
jurisdiction, for cause shown, in an action brought 
by the Secretary— 
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(A) to restrain violations of section 7 (in-
cluding a violation relating to rights provided 
under section 5), including the restraint of any 
withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus 
interest, found by the court to be due to em-
ployees or individuals eligible under this Act; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under paragraph (4) or 
(6). 
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
AND LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this subsection, in the case of the 
Government Accountability Office and the Library of 
Congress, the authority of the Secretary of Labor 
under this subsection shall be exercised respectively 
by the Comptroller General of the United States and 
the Librarian of Congress. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
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Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that 
Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this Act against an employee described in section 
4(2)(A)(iii). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United States 
Code, to the President, the Merit Systems Protection 
Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and 
procedures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
ment practice in violation of this Act against an employee 
described in section 4(2)(A)(iv). 
(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 
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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(2)(A)(v). 
SEC. 9. COLLECTION OF DATA ON PAID SICK DAYS AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—Effective 90 
days after the date of enactment of this Act, the Commis-
sioner of Labor Statistics shall annually compile informa-
tion on the following: 
(1) The number of employees who used paid 
sick leave. 
(2) The number of hours of the paid sick leave 
used. 
(3) The demographic characteristics of employ-
ees who were eligible for and who used the paid sick 
leave. 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall annually conduct a study to 
determine the following: 
(A)(i) The number of days employees used 
paid sick leave and the reasons for the use. 
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(ii) The number of employees who used the 
paid sick leave for leave periods covering more 
than 3 consecutive workdays. 
(B) Whether employees used the paid sick 
leave to care for illnesses or conditions caused 
by domestic violence against the employees or 
their family members. 
(C) The cost and benefits to employers of 
implementing the paid sick leave policies. 
(D) The cost to employees of providing 
certification issued by a health care provider to 
obtain the paid sick leave. 
(E) The benefits of the paid sick leave to 
employees and their family members, including 
effects on employees’ ability to care for their 
family members or to provide for their own 
health needs. 
(F) Whether the paid sick leave affected 
employees’ ability to sustain an adequate in-
come while meeting health needs of the employ-
ees and their family members. 
(G) Whether employers who administered 
paid sick leave policies prior to the date of en-
actment of this Act were affected by the provi-
sions of this Act. 
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(H) Whether other types of leave were af-
fected by this Act. 
(I) Whether paid sick leave affected reten-
tion and turnover and costs of presenteeism. 
(J) Whether the paid sick leave increased 
the use of less costly preventive medical care 
and lowered the use of emergency room care. 
(K) Whether the paid sick leave reduced 
the number of children sent to school when the 
children were sick. 
(2) AGGREGATING
DATA.—The data collected 
under subparagraphs (A), (B), and (E) of paragraph 
(1) shall be aggregated by gender, race, disability, 
earnings level, age, marital status, and family type, 
including parental status. 
(3) REPORTS.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Comptroller General of the United States 
shall prepare and submit a report to the appro-
priate committees of Congress concerning the 
results of the study conducted pursuant to 
paragraph (1) and the data aggregated under 
paragraph (2). 
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(B) FOLLOWUP REPORT.—Not later that 5 
years after the date of enactment of this Act 
the Comptroller General of the United States 
shall prepare and submit a followup report to 
the appropriate committees of Congress con-
cerning the results of the study conducted pur-
suant to paragraph (1) and the data aggregated 
under paragraph (2). 
SEC. 10. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this Act shall be construed to modify 
or affect any Federal or State law prohibiting discrimina-
tion on the basis of race, religion, color, national origin, 
sex, age, or disability. 
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
shall be construed to supersede any provision of any State 
or local law that provides greater paid sick leave or other 
leave rights than the rights established under this Act. 
SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of an employer to 
comply with any contract, collective bargaining agreement, 
or any employment benefit program or plan that provides 
greater paid sick leave rights to employees or individuals 
than the rights established under this Act. 
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(b) LESS PROTECTIVE.—The rights established for 
employees under this Act shall not be diminished by any 
contract, collective bargaining agreement, or any employ-
ment benefit program or plan. 
SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this Act shall be construed to discourage 
employers from adopting or retaining leave policies more 
generous than policies that comply with the requirements 
of this Act. 
SEC. 13. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), not later than 120 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 clause (i) 
or (ii) of section 4(2)(A) and other individuals af-
fected by employers described in subclause (I) or 
(II) of section 4(3)(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 
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the Library of Congress, respectively and other indi-
viduals affected by the Comptroller General of the 
United States and the Librarian of Congress, re-
spectively. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Compliance shall pre-
scribe (in accordance with section 304 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1384)) such regulations as are necessary to carry 
out this Act with respect to employees described in 
section 4(2)(A)(iii) and other individuals affected by 
employers described in section 4(3)(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. 
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(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Presi-
dent (or the designee of the President) shall pre-
scribe such regulations as are necessary to carry out 
this Act with respect to employees described in sec-
tion 4(2)(A)(iv) and other individuals affected by 
employers described in section 4(3)(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 120 days 
after the date of enactment of this Act, the Director 
of the Office of Personnel Management shall pre-
scribe such regulations as are necessary to carry out 
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this Act with respect to employees described in sec-
tion 4(2)(A)(v) and other individuals affected by em-
ployers described in section 4(3)(A)(i)(V). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the Di-
rector may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
SEC. 14. EFFECTIVE DATES. 
(a) IN GENERAL.—This Act shall take effect 1 year 
after the date of issuance of regulations under section 
13(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 
13(a)(1). 
Æ 
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