Fair Labor Standards Act of 1938 (29 
U.S.C. 207(e))); and 
‘‘(ii) the number of hours the em-
ployee would otherwise be normally sched-
uled to work (or the number of hours cal-
culated under paragraph (2)). 
‘‘(C) CLARIFICATION.—In no event shall 
such paid leave exceed $511 per day. 
‘‘(2) VARYING
SCHEDULE
HOURS
CALCULA-
TION.—In the case of an employee whose schedule 
varies from week to week to such an extent that an 
employer is unable to determine with certainty the 
number of hours the employee would have worked if 
such employee had not taken leave under section 
102(a)(6), the employer shall use the following 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 day over the 6- 
month period ending on the date on which the 
employee takes such leave, including 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 
employee at the time of hiring of the average 
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number of hours per day that the employee 
would normally be scheduled to work. 
‘‘(3) LENGTH OF PUBLIC HEALTH EMERGENCY 
LEAVE.—The number of workweeks of leave to 
which an employee is entitled for the purposes of 
this section shall be the greater of— 
‘‘(A) 12 workweeks, or 
‘‘(B) the number of workweeks determined 
by the Secretary of Labor, in consultation with 
the Director of the Centers for Disease Control 
and Prevention, to be appropriate in relation to 
such public health emergency. 
‘‘(c) NOTICE.—In any case where the necessity for 
leave under section 102(a)(6) for the purpose described 
in subsection (a)(2)(A) is foreseeable, an employee shall 
provide the employer with such notice of leave as is prac-
ticable. 
‘‘(d) RESTORATION TO POSITION.— 
‘‘(1) IN GENERAL.—Section 104(a)(1) shall not 
apply with respect to an employee of an employer 
who employs fewer than 25 employees if the condi-
tions described in paragraph (2) are met. 
‘‘(2) CONDITIONS.—The conditions described in 
this paragraph are the following: 
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‘‘(A) The employee takes leave under sec-
tion 102(a)(6). 
‘‘(B) The position held by the employee 
when the leave commenced does not exist due to 
economic conditions or other changes in oper-
ating conditions of the employer— 
‘‘(i) that affect employment; and 
‘‘(ii) are caused by a public health 
emergency during the period of leave. 
‘‘(C) The employer makes reasonable ef-
forts to restore the employee to a position 
equivalent to the position the employee held 
when the leave commenced, with equivalent em-
ployment benefits, pay, and other terms and 
conditions of employment. 
‘‘(D) If the reasonable efforts of the em-
ployer under subparagraph (C) fail, the em-
ployer makes reasonable efforts during the pe-
riod described in paragraph (3) to contact the 
employee if an equivalent position described in 
subparagraph (C) becomes available. 
‘‘(3) CONTACT PERIOD.—The period described 
under this paragraph is the 1-year period beginning 
on the earlier of— 
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‘‘(A) the date on which the qualifying need 
related to an infectious disease concludes; or 
‘‘(B) the date that is a number of weeks 
equal to the number of workweeks of leave to 
which an employee is entitled under subsection 
(b)(3) after the date on which the employee’s 
leave under section 102(a)(6) commences.’’. 
SEC. 103. EMPLOYMENT UNDER MULTIEMPLOYER BAR-
GAINING 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 section 
111(b)(2) of title I of the Family and Medical Leave Act 
of 1993, as added by the Public Health Emergency Re-
sponse Act, by making contributions to a multiemployer 
fund, plan, or program based on the paid leave each of 
its employees is entitled to under such section while work-
ing under the multiemployer collective bargaining agree-
ment, provided that the fund, plan, or program enables 
employees to secure pay from such fund, plan, or program 
based on hours they have worked under the multiemployer 
collective bargaining agreement for paid leave taken under 
section 102(a)(6) of title I of the Family and Medical 
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Leave Act of 1993, as added by the Public Health Emer-
gency Response Act. 
(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 they have worked under the multiem-
ployer collective bargaining agreement for paid leave taken 
under section 102(a)(6) of title I of the Family and Med-
ical Leave Act of 1993, as added by the Public Health 
Emergency Response Act. 
SEC. 104. REGULATORY AUTHORITY. 
The Secretary of Labor shall have the authority to 
issue regulations for good cause under sections 553(b)(B) 
and 553(d)(3) of title 5, United States Code, as necessary, 
to carry out the purposes of this Act, including to ensure 
consistency between this Act and Division B and Division 
C of the Public Health Emergency Response Act. 
DIVISION 
B—PUBLIC 
HEALTH 
EMERGENCY 
PAID 
SICK 
LEAVE ACT 
SEC. 201. SHORT TITLE. 
This Act may be cited as the ‘‘Public Health Emer-
gency Paid Sick Leave Act’’. 
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SEC. 202. PAID SICK TIME REQUIREMENT. 
(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid sick time if the 
employ is unable to work (or telework) for any of the fol-
lowing reasons: 
(1) The employee has been diagnosed with a 
covered infectious disease and needs to self-isolate. 
(2) The employee has been advised or ordered 
to isolate or quarantine by a public official having 
jurisdiction or a health care provider on the basis 
that the physical presence of the employee on the job 
would jeopardize the health of others because— 
(A) the employee has been exposed to a 
covered infectious disease; or 
(B) the employee is exhibiting symptoms of 
a covered infectious disease. 
(3) The employee is experiencing the symptoms 
of a covered infectious disease and is seeking diag-
nosis or medical care. 
(4) The employee is caring for a family member 
of the employee who has been diagnosed as described 
in paragraph (1) or has been advised or ordered as 
described in paragraph (2). 
(5) The employee is experiencing any other sub-
stantially similar condition specified by the Secretary 
of Labor, in consultation with the Secretary of the 
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Treasury and the Secretary of Health and Human 
Services. 
(b) DURATION OF PAID SICK TIME.— 
(1) IN GENERAL.—An employee shall be enti-
tled to paid sick time for an amount of hours deter-
mined under paragraph (2). 
(2) AMOUNT OF HOURS.—The amount of hours 
of paid sick time to which an employee is entitled 
shall be equal to the sum of— 
(A) the number of weeks of leave, as deter-
mined under paragraph (3), to which an em-
ployee is entitled in relation to a covered infec-
tious disease, multiplied by 
(B)(i) in the case of a full-time employee, 
40 hours per week for which an employee re-
ceives leave under subsection (a), or 
(ii) in the case of a part-time employees, a 
number of hours equal to the number of hours 
that such employee works, on average, over a 
week. 
(3) WEEKS
OF
LEAVE.—The Secretary of 
Labor, in consultation with the Director of the Cen-
ters for Disease Control and Prevention, shall deter-
mine the number of weeks of leave to which an em-
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ployee is entitled in relation to a covered infectious 
disease. 
(4) CARRYOVER.—Paid sick time under this 
section shall not carry over from 1 year to the next. 
(c) EMPLOYER’S
TERMINATION
OF
PAID
SICK 
TIME.—Paid sick time provided to an employee under this 
Act shall cease beginning with the employee’s next sched-
uled workshift immediately following the termination of 
the need for paid sick time under subsection (a). 
(d) EMPLOYERS WITH EXISTING POLICIES.—With 
respect to an employer that provides paid leave on the day 
before the date of enactment of this Act— 
(1) the paid sick time under this Act shall be 
made available to employees of the employer in addi-
tion to such paid leave; and 
(2) the employer may not change such paid 
leave on or after such date of enactment to avoid 
being subject to paragraph (1). 
(e) PROHIBITION.—An employer may not require, as 
a condition of providing paid sick time under this Act, that 
the employee involved search for or find a replacement em-
ployee to cover the hours during which the employee is 
using paid sick time. 
(f) USE OF PAID SICK TIME.— 
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(1) IN GENERAL.—The paid sick time under 
subsection (a) shall be available 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. 
(2) SEQUENCING.— 
(A) IN GENERAL.—An employee may first 
use the paid sick time under subsection (a) for 
the purposes described in such subsection. 
(B) PROHIBITION.—An employer may not 
require an employee to use other paid leave pro-
vided by the employer to the employee before 
the employee uses the paid sick time under sub-
section (a). 
SEC. 203. NOTICE. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees are customarily post-
ed, a notice, to be prepared or approved by the Secretary 
of Labor, of the requirements described in this Act. 
(b) MODEL NOTICE.—Not later than 7 days after the 
date of enactment of this Act, the Secretary of Labor shall 
make publicly available a model of a notice that meets the 
requirements of subsection (a). 
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SEC. 204. 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 Act, 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 Act; 
(B) using the taking of paid sick time or 
unpaid sick time under this Act as a negative 
factor in an employment action, such as hiring, 
promotion, reducing hours or number of shifts, 
or a disciplinary action; or 
(C) counting the paid sick time or unpaid 
sick time 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 Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
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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 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. 
(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 
Act of 1993 (29 U.S.C. 2615) is less than the scope of 
the activities prohibited by this section. 
SEC. 205. ENFORCEMENT. 
(a) UNPAID SICK LEAVE.—An employer who violates 
section 202 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 
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(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. 
(b) UNLAWFUL TERMINATION.—An employer who 
willfully violates section 204 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. 
SEC. 206. EMPLOYMENT UNDER MULTIEMPLOYER BAR-
GAINING 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 Act by 
making contributions to a multiemployer fund, plan, or 
program based on the hours of paid sick time each of its 
employees is entitled to under this Act while working 
under the multiemployer collective bargaining agreement, 
provided that the fund, plan, or program enables employ-
ees to secure pay from such fund, plan, or program based 
on hours they have worked under the multiemployer collec-
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