(9) SICK LEAVE.—The term ‘‘sick leave’’ means 
an increment of compensated leave provided by an 
employer to an employee as a benefit of employment 
for use by the employee during an absence from em-
ployment for any of the reasons described in para-
graphs (1) through (3) of section 5(d). 
(10) SPOUSE.—The term ‘‘spouse’’, with re-
spect to an employee, has the meaning given such 
term by the marriage laws of the State in which the 
employee resides. 
SEC. 5. PROVISION OF PAID SICK LEAVE. 
(a) IN GENERAL.—An employer shall provide for 
each employee employed by the employer not less than— 
(1) 7 days of sick leave with pay and employ-
ment benefits annually for employees working 30 or 
more hours per week; or 
(2) a pro rata number of days or hours of sick 
leave with pay and employment benefits annually for 
employees working less than— 
(A) 30 hours per week on a year-round 
basis; or 
(B) 1,500 hours throughout the year in-
volved. 
(b) ACCRUAL.— 
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(1) PERIOD OF ACCRUAL.—Sick leave provided 
for under this section shall accrue as determined ap-
propriate by the employer, but not on less than a 
quarterly basis. 
(2) ACCUMULATION.—Accrued sick leave pro-
vided for under this section shall carry over from 
year to year, but this Act shall not be construed to 
require an employer to permit an employee to accu-
mulate more than 7 days of the sick leave. 
(3) USE.—The sick leave may be used as ac-
crued. The employer, at the discretion of the em-
ployer, may loan the sick leave to the employee in 
advance of accrual by such employee. 
(c) CALCULATION.— 
(1) LESS THAN A FULL WORKDAY.—Unless the 
employer and employee agree to designate otherwise, 
for periods of sick leave that are less than a normal 
workday, that leave shall be counted— 
(A) on an hourly basis; or 
(B) in the smallest increment that the em-
ployer’s payroll system uses to account for ab-
sences or use of leave. 
(2) VARIABLE SCHEDULE.—If the schedule of 
an employee varies from week to week, a weekly av-
erage of the hours worked over the 12-week period 
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prior to the beginning of a sick leave period shall be 
used to calculate the employee’s normal workweek 
for the purpose of determining the amount of sick 
leave to which the employee is entitled. 
(d) USES.—Sick leave accrued under this section may 
be used by an employee for any of the following: 
(1) An absence resulting from a physical or 
mental illness, injury, or medical condition of the 
employee. 
(2) An absence resulting from obtaining profes-
sional medical diagnosis or care, or preventive med-
ical care, for the employee subject to the require-
ment of subsection (e). 
(3) An absence for the purpose of caring for a 
child, a parent, a spouse, or any other individual re-
lated by blood or affinity whose close association 
with the employee is the equivalent of a family rela-
tionship, who— 
(A) has any of the conditions or needs for 
diagnosis or care described in paragraph (1) or 
(2); and 
(B) in the case of someone who is not a 
child, is otherwise in need of care. 
(e) SCHEDULING.—An employee shall make a reason-
able effort to schedule leave under paragraphs (2) and (3) 
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of subsection (d) in a manner that does not unduly disrupt 
the operations of the employer. 
(f) PROCEDURES.— 
(1) IN GENERAL.—Paid sick leave shall be pro-
vided upon the oral or written request of an em-
ployee. Such request shall— 
(A) include a reason for the absence in-
volved and the expected duration of the leave; 
(B) in a case in which the need for leave 
is foreseeable at least 7 days in advance of such 
leave, be provided at least 7 days in advance of 
such leave; and 
(C) otherwise, be provided as soon as prac-
ticable after the employee is aware of the need 
for such leave. 
(2) CERTIFICATION.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graph (C), an employer may require that a 
request for leave be supported by a certifi-
cation issued by the health care profes-
sional of the eligible employee or of an in-
dividual described in subsection (d)(3), as 
appropriate, if the leave period covers more 
than 3 consecutive workdays. 
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(ii) TIMELINESS.—The employee shall 
provide a copy of such certification to the 
employer in a timely manner, not later 
than 30 days after the first day of the 
leave. The employer shall not delay the 
commencement of the leave 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 leave 
will be needed; 
(II) the probable duration of the 
leave; 
(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 leave 
under subsection (d)(1), a statement 
that leave from work is medically nec-
essary; 
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