dial education or English as a second language, as 
appropriate), that is a program that leads to a rec-
ognized postsecondary credential (as identified under 
section 122(d) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3152(d)), and provides ca-
reer awareness information. The term includes a 
program allowable under the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3101 et seq.), the 
Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), 
without regard to whether or not the program is 
funded under the corresponding Act. 
(3) CAREGIVER.—The term ‘‘caregiver’’ means 
an individual with the status of being a significant 
provider of— 
(A) ongoing care or education, including 
responsibility for securing the ongoing care or 
education, of a child; or 
(B) ongoing care, including responsibility 
for securing the ongoing care, of— 
(i) a person with a serious health con-
dition who is in a family relationship with 
the individual; or 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(ii) a parent of the individual, who is 
age 65 or older. 
(4) CHILD.—The term ‘‘child’’ means, regard-
less of age, a biological, adopted, or foster child, a 
stepchild, a child of a domestic partner, a legal 
ward, or a child of a person standing in loco 
parentis to that child. 
(5) COMMERCE
TERMS.—The terms ‘‘com-
merce’’ and ‘‘industry or activity affecting com-
merce’’ have the meanings given the terms in section 
101 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611). 
(6) COVERED EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployer’’— 
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs 15 or more em-
ployees (described in paragraph (10)(A)); 
(ii) includes any person who acts, di-
rectly or indirectly, in the interest of such 
an employer to any of the employees (de-
scribed in paragraph (10)(A)) of such em-
ployer; 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(iii) includes any successor in interest 
of such an employer; and 
(iv) includes an agency described in 
subparagraph (A)(iii) of section 101(4) of 
the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(4)), to which subpara-
graph (B) of such section shall apply. 
(B) RULE.—For purposes of determining 
the number of employees who work for a person 
described in subparagraph (A)(i), all employees 
(described in paragraph (10)(A)) performing 
work for compensation on a full-time, part-time, 
or temporary basis shall be counted, except that 
if the number of such employees who perform 
work for such a person for compensation fluc-
tuates, the number may be determined for a 
calendar year based upon the average number 
of such employees who performed work for the 
person for compensation during the preceding 
calendar year. 
(C) PERSON.—In this paragraph, the term 
‘‘person’’ has the meaning given the term in 
section 3 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203). 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(7) COVERED SECTOR EMPLOYEE.—The term 
‘‘covered sector employee’’ means— 
(A) a nonexempt employee who is em-
ployed in a hospitality establishment, in a ware-
house establishment, or in any of the following 
occupations, as described by the Bureau of 
Labor Statistics Standard Occupational Classi-
fication System (as in effect on the day before 
the date of enactment of this Act)— 
(i) retail sales occupations consisting 
of occupations described in 41–1010 and 
41–2000, and all subdivisions thereof, of 
such System, which includes first-line su-
pervisors of sales workers, cashiers, gam-
bling change persons and booth cashiers, 
counter and rental clerks, parts sales-
persons, and retail salespersons; 
(ii) food preparation and serving re-
lated occupations as described in 35–0000, 
and all subdivisions thereof, of such Sys-
tem, which includes supervisors of food 
preparation and serving workers, cooks 
and food preparation workers, food and 
beverage serving workers, and other food 
preparation and serving related workers; or 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(iii) cleaning occupations as described 
in 37–2011, 37–2012, and 37–2019 of 
such System, which includes janitors and 
cleaners, maids and housekeeping cleaners, 
and building cleaning workers; or 
(B) a nonexempt employee who is em-
ployed in any occupation that is designated by 
the Secretary under section 9(a)(2)(A) as ap-
propriate for coverage under section 4. 
(8) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means the individual recognized as being in 
a relationship with an employee under any domestic 
partnership, civil union, or similar law of the State 
or political subdivision of a State in which the em-
ployee resides. 
(9) EMPLOY.—The term ‘‘employ’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(10) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A) 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 described in any of 
subparagraphs (B) through (G); 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code; 
(F) an employee of the Library of Con-
gress; or 
(G) an employee of the Government Ac-
countability Office. 
(11) EMPLOYER.—The term ‘‘employer’’ means 
a person— 
(A) who is— 
(i) a covered employer, as defined in 
paragraph (6), who is not described in any 
of clauses (ii) through (vii); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
VerDate Sep 11 2014 
22:31 Sep 21, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5563.IH
H5563
kjohnson on DSK7ZCZBW3PROD with $$_JOB