I 
117TH CONGRESS 
2D SESSION 
H. R. 8819 
To provide employment protection and paid emergency leave to workers 
impacted by certain climate disasters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2022 
Ms. BUSH (for herself, Mr. GARCI´A of Illinois, Mr. ESPAILLAT, Ms. CLARKE 
of New York, Ms. OCASIO-CORTEZ, Mrs. CAROLYN B. MALONEY of New 
York, Mr. GRIJALVA, Ms. LEE of California, Ms. TLAIB, and Mr. BOW-
MAN) introduced the following bill; which was referred to the Committee 
on Education and Labor 
A BILL 
To provide employment protection and paid emergency leave 
to workers impacted by certain climate disasters, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Worker Safety in Climate Disasters Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Paid emergency time. 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
Sec. 3. Employment protection during climate disaster. 
Sec. 4. Employer requirements. 
Sec. 5. Prohibited acts. 
Sec. 6. Enforcement. 
Sec. 7. Definitions. 
Sec. 8. Regulatory authorities. 
Sec. 9. Rules of construction. 
Sec. 10. Effective date. 
SEC. 2. PAID EMERGENCY TIME. 
(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid emergency time 
to the extent that the employee is unable to work (or 
telework) due to an applicable climate disaster, includ-
ing— 
(1) a need to relocate for safety; 
(2) recovery efforts relating to economic sta-
bility and community safety— 
(A) in the community in which the em-
ployee resides; 
(B) at the workplace of the employee; and 
(C) at the home of the employee; 
(3) a need to care for family members resulting 
from the closure of schools or other facilities; 
(4) an injury or illness affecting either the em-
ployee or their immediate family; and 
(5) disruptions of public transit services or 
commuter routes. 
(b) DURATION OF PAID EMERGENCY TIME.— 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—An employee shall be enti-
tled to paid emergency time for a number of hours 
determined under paragraph (2). 
(2) NUMBER OF HOURS.—The number of hours 
of paid emergency time to which an employee is enti-
tled during an applicable climate disaster period 
shall be as follows: 
(A) For full-time employees, 80 hours. 
(B) For part-time employees, a number of 
hours equal to the number of hours that such 
employee works, on average, over a 2-week pe-
riod. 
(c) PROHIBITION.—An employer may not require, as 
a condition of providing paid emergency time under this 
Act, that the employee involved search for or find a re-
placement employee to cover the hours during which the 
employee is using paid emergency time. 
(d) AVAILABILITY OF PAID EMERGENCY TIME.—The 
paid emergency time under subsection (a) shall be avail-
able for immediate use by the employee for the purposes 
described in such subsection, regardless of how long the 
employee has been employed by an employer. 
(e) PROHIBITION
ON
SUBSTITUTION
OF
LEAVE 
TIME.—An employer may not require an employee to sub-
stitute any of the accrued paid vacation leave, personal 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
leave, or family leave of such employee for paid emergency 
time provided under subsection (a). 
(f) AMOUNT OF PAID EMERGENCY TIME.— 
(1) IN GENERAL.—The amount of paid emer-
gency time provided to an employee under this sec-
tion shall be calculated based on the employee’s re-
quired compensation under paragraph (2) and the 
number of hours the employee would otherwise be 
normally scheduled to work (or the number of hours 
calculated under paragraph (3)), except that in no 
event shall the amount of such paid emergency time 
paid per day exceed— 
(A) for calendar year 2022, $511; and 
(B) for any calendar year after 2022, an 
amount equal to the product of— 
(i) $511, multiplied by 
(ii) the quotient obtained by divid-
ing— 
(I) the Consumer Price Index for 
Urban Wage Earners and Clerical 
Workers (as published by the Bureau 
of Labor Statistics) for the calendar 
year immediately preceding such cal-
endar year; by 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(II) the Consumer Price Index 
for calendar year 2021. 
(2) REQUIRED
COMPENSATION.—Subject to 
paragraph (1), the employee’s required compensation 
under this subparagraph shall be not less than the 
greater of the following: 
(A) The employee’s regular rate of pay (as 
determined under section 7(e) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
207(e))). 
(B) The minimum wage rate in effect 
under section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1)). 
(C) The minimum wage rate in effect for 
such employee in the applicable State or local-
ity, whichever is greater, in which the employee 
is employed. 
(3) VARYING
SCHEDULE
HOURS
CALCULA-
TION.—In the case of a part-time employee de-
scribed in subsection (b)(2)(B) whose schedule varies 
from week to week to such an extent that an em-
ployer is unable to determine with certainty the 
number of hours the employee would have worked if 
such employee had not taken paid emergency time 
VerDate Sep 11 2014 
21:39 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
under subsection (a), the employer shall use the fol-
lowing in place of such number: 
(A) Subject to subparagraph (B), a num-
ber equal to the average number of hours that 
the employee was scheduled per week over the 
6-month period ending on the date on which the 
employee takes the paid emergency time, in-
cluding hours for which the employee took leave 
of any type. 
(B) If the employee did not work over such 
period, the reasonable expectation of the em-
ployee at the time of hiring of the average num-
ber of hours per week that the employee would 
normally be scheduled to work. 
(4) GUIDELINES.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall issue guidelines to assist em-
ployers in calculating the amount of paid emergency 
time under paragraph (1). 
(5) REASONABLE AND PRACTICABLE NOTICE.— 
After the first workday (or portion thereof) an em-
ployee receives paid emergency time under this Act, 
an employer may require the employee to follow rea-
sonable and practicable notice procedures in order to 
continue receiving such paid emergency time. 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(6) PUBLICATION
OF
PAY
LIMITATION.—Not 
later than December 1 of each year, the Secretary 
of Labor shall publish the amount determined under 
paragraph (1)(B) that will be in effect for the fol-
lowing calendar year. 
SEC. 3. EMPLOYMENT PROTECTION DURING CLIMATE DIS-
ASTER. 
(a) RESTORATION TO POSITION.—Any eligible em-
ployee who uses paid emergency time under section 2 for 
the intended purpose of the paid emergency time shall be 
entitled, on return from using paid emergency time— 
(1) to be restored by the employer to the posi-
tion of employment held by the employee when the 
use of paid emergency time commenced; or 
(2) to be restored to an equivalent position with 
equivalent employment benefits, pay, and other 
terms and conditions of employment. 
(b) LOSS OF BENEFITS.—The use of paid emergency 
time shall not result in the loss of any employment benefit 
accrued prior to the date on which the use of paid emer-
gency time commenced. 
(c) LIMITATIONS.—Nothing in this section shall be 
construed to entitle any restored employee to— 
VerDate Sep 11 2014 
21:39 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(1) the accrual of any seniority or employment 
benefits during any period during which such re-
stored employee uses paid emergency time; or 
(2) any right, benefit, or position of employ-
ment other than any right, benefit, or position to 
which the employee would have been entitled had the 
employee not used paid emergency time. 
(d) CONSTRUCTION.—Nothing in this section shall be 
construed to prohibit an employer from requiring an em-
ployee to report periodically to the employer on the status 
and intention of the employee to return to work. 
SEC. 4. EMPLOYER REQUIREMENTS. 
(a) MONITORING FOR APPLICABLE CLIMATE DIS-
ASTER.— 
(1) IN GENERAL.—An employer shall monitor 
for, using the tools identified by the Secretary of 
Labor pursuant to paragraph (3), and notify an em-
ployee of the existence of, applicable climate disas-
ters. 
(2) EXCLUSION FOR REMOTE EMPLOYEES.— 
(A) IN GENERAL.—An employer is not re-
quired to monitor for applicable climate disas-
ters affecting remote employees. 
(B) EXCLUSION
FOR
REMOTE
EMPLOY-
ERS.—An employer who employs only remote 
VerDate Sep 11 2014 
21:39 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
employees shall monitor for, and notify an em-
ployee of the existence of, applicable climate 
disasters affecting the area where the largest 
concentration of such remote employees reside. 
(3) MONITORING GUIDELINES.—Not later than 
one year after the date of enactment of this Act, the 
Secretary of Labor shall issue guidelines that iden-
tify tools for employers to use in monitoring for ap-
plicable climate disasters. 
(b) NOTICE.— 
(1) IN
GENERAL.—Each employer shall post 
and keep posted, in conspicuous places on the prem-
ises of the employer where notices to employees are 
customarily posted, a notice, to be prepared or ap-
proved by the Secretary of Labor, of the require-
ments described in this Act. 
(2) MODEL NOTICE.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall make publicly available a 
model of a notice that meets the requirements of 
paragraph (1). 
SEC. 5. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
the exercise of or the attempt to exercise, any right 
provided under this Act. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against any individual for opposing any 
practice made unlawful by this Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against any individual 
because such individual— 
(1) has filed any charge, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act. 
SEC. 6. ENFORCEMENT. 
(a) UNPAID EMERGENCY LEAVE TIME.—An em-
ployer who violates section 2 shall— 
(1) be considered to have failed to pay min-
imum wages in violation of section 6 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206); and 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation, except that no person 
shall be imprisoned under such sections for a viola-
tion of section 2 of this Act. 
(b) UNLAWFUL ACTION AGAINST EMPLOYEE.—An 
employer who willfully violates section 5 shall— 
(1) be considered to be in violation of section 
15(a)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 215(a)(3)); and 
(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation, except that no person 
shall be imprisoned under such sections for a viola-
tion of section 2 of this Act. 
SEC. 7. DEFINITIONS. 
For purposes of this Act: 
(1) EMPLOYEE.—The term ‘‘employee’’ means 
any individual employed by an employer. 
(2) EMPLOYER.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘employer’’— 
(i) means any individual who employs 
an employee; and 
VerDate Sep 11 2014 
21:39 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
(ii) includes any individual acting di-
rectly or indirectly in the interest of an 
employer in relation to an employee. 
(B) EXCLUSION OF PUBLIC EMPLOYERS.— 
The term ‘‘employer’’ does not include— 
(i) the Government of the United 
States; 
(ii) the government of any State; or 
(iii) any unit of local government, de-
partment, agency, or instrumentality there-
of. 
(3) FLSA TERMS.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given such terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(4) APPLICABLE CLIMATE DISASTER.— 
(A) IN GENERAL.—The term ‘‘applicable 
climate disaster’’ means, with respect to an em-
ployee, a climate disaster determined by the 
Secretary to affect or be likely to affect such 
employee. 
(B) CLIMATE DISASTER.—The term ‘‘cli-
mate disaster’’ means a weather or climate 
event (including an earthquake, flood, heat 
event, hurricane, severe blizzard, superstorm, 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
tornado, tsunami, utility failure, volcanic explo-
sion, or wildfire) with the potential to cause 
great damage or loss of life. 
SEC. 8. REGULATORY AUTHORITIES. 
The Secretary of Labor shall have the authority to 
issue regulations for good cause under sections 553(b)(B) 
and 553(d)(A) of title 5, United States Code— 
(1) to exempt small businesses with fewer than 
50 employees from the requirements of paragraphs 
(3) and (4) of section 2(a) when the imposition of 
such requirements would jeopardize the viability of 
the business as a going concern; and 
(2) as necessary, to carry out the purposes of 
this Act. 
SEC. 9. RULES OF CONSTRUCTION. 
Nothing in this Act shall be construed— 
(1) to in any way diminish the rights or bene-
fits that an employee is entitled to under any— 
(A) other Federal, State, or local law; 
(B) collective bargaining agreement; or 
(C) existing employer policy; or 
(2) to require financial or other reimbursement 
to an employee from an employer upon the employ-
ee’s termination, resignation, retirement, or other 
separation from employment for paid emergency 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS
leave time under this Act that has not been used by 
such employee. 
SEC. 10. EFFECTIVE DATE. 
This Act, and the requirements under this Act, shall 
take effect not later than 180 days after the date of enact-
ment of this Act. 
Æ 
VerDate Sep 11 2014 
04:13 Sep 16, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H8819.IH
H8819
kjohnson on DSK79L0C42PROD with BILLS