(f) DEFINITION OF GRANDCHILD.—Section 6381 of 
title 5, United States Code, is amended— 
(1) in paragraph (11), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(13) the term ‘grandchild’ means a son or 
daughter of an employee’s son or daughter.’’. 
Subtitle C—Domestic Violence 
Leave Act 
SEC. 161. SHORT TITLE. 
This subtitle may be cited as the ‘‘Domestic Violence 
Leave Act’’. 
SEC. 162. ENTITLEMENT TO LEAVE FOR DOMESTIC VIO-
LENCE, SEXUAL ASSAULT, OR STALKING. 
(a) AUTHORITY FOR LEAVE.—Section 102(a)(1) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1)) is amended by adding at the end the fol-
lowing: 
‘‘(F) In order to care for the family mem-
ber of the employee, if such family member is 
addressing domestic violence, sexual assault, or 
stalking and their effects. 
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‘‘(G) Because the employee is addressing 
domestic violence, sexual assault, or stalking 
and their effects, the employee is unable to per-
form any of the functions of the position of 
such employee.’’. 
(b) DEFINITIONS.—Section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611) (as amended 
by section 193(f)) is further amended by adding at the 
end the following: 
‘‘(21) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ has the meaning given such term in sec-
tion 40002 of the Violence Against Women Act of 
1994 (42 U.S.C. 13925), and includes dating vio-
lence, as such term is defined in such section. 
‘‘(22) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ has the meaning given that term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
‘‘(23) STALKING.—The term ‘stalking’ has the 
meaning given such term in section 40002 of the Vi-
olence Against Women Act of 1994 (42 U.S.C. 
13925). 
‘‘(24) ADDRESSING DOMESTIC VIOLENCE, SEX-
UAL ASSAULT, OR STALKING AND THEIR EFFECTS.— 
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The term ‘addressing domestic violence, sexual as-
sault, or stalking and their effects’ means— 
‘‘(A) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence, sexual assault, or stalking; 
‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to domestic violence, sexual as-
sault, or stalking; 
‘‘(C) attending support groups for victims 
of domestic violence, sexual assault, or stalking; 
‘‘(D) obtaining psychological counseling re-
lated to experiences of domestic violence, sexual 
assault, or stalking; 
‘‘(E) participating in safety planning and 
other actions to increase safety from future do-
mestic violence, sexual assault, or stalking, in-
cluding temporary or permanent relocation; and 
‘‘(F) participating in any other activity ne-
cessitated by domestic violence, sexual assault, 
or stalking which must be undertaken during 
hours of employment. 
‘‘(25) FAMILY
MEMBER.—The term ‘family 
member’, used with respect to a person, means an 
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individual who is a spouse, domestic partner, parent, 
son or daughter (including an adult son or daugh-
ter) of that person.’’. 
(c) INTERMITTENT OR REDUCED LEAVE.—Section 
102(b)(1) of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2612(b)(1)) (as amended by section 193(b)) 
is further amended by inserting before the last sentence: 
‘‘Subject to subsection (e)(4) and 103(g), leave under sub-
paragraph (F) or (G) of subsection (a)(1) may be taken 
by an employee intermittently or on a reduced leave sched-
ule.’’. 
(d) PAID LEAVE.—Section 102(d)(2)(B) of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 
2612(d)(2)(B)) is amended by inserting at the end the fol-
lowing: ‘‘An eligible employee may elect to substitute any 
of the accrued paid vacation leave, personal leave, family 
leave, or medical or sick leave of the employee for leave 
provided under subparagraph (F) or (G) of subsection 
(a)(1) for any part of the 12-week period of such leave 
under such subsection, except that nothing in this title 
shall require an employer to provide paid sick leave or paid 
medical leave in any situation in which such employer 
would not normally provide any such paid leave.’’. 
(e) NOTICE.—Section 102(e) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2612(e)) (as amended 
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by section 193(d)), is further amended by adding at the 
end the following: 
‘‘(5) NOTICE FOR LEAVE DUE TO DOMESTIC VI-
OLENCE, SEXUAL ASSAULT, OR STALKING.—In any 
case in which the necessity for leave under subpara-
graph (F) or (G) of subsection (a)(1) is foreseeable 
based on a scheduled appointment or planned activ-
ity to address domestic violence, sexual assault, or 
stalking and their effects, the employee shall provide 
such notice to the employer as is reasonable and 
practicable.’’. 
(f) CERTIFICATION AND CONFIDENTIALITY.—Section 
103 of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2613) (as amended by section 193(e)) is further 
amended— 
(1) in the title, by adding before the period the 
following: ‘‘; confidentiality’’; and 
(2) by adding at the end the following: 
‘‘(h) CERTIFICATION RELATED TO DOMESTIC VIO-
LENCE, SEXUAL ASSAULT, OR STALKING.— 
‘‘(1) IN GENERAL.—In determining if an em-
ployee meets the requirements of subparagraph (F) 
or (G) of section 102(a)(1), the employer of an em-
ployee may require the employee to provide written 
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certification. Certification under this paragraph shall 
be sufficient if it includes— 
‘‘(A) documentation of the domestic vio-
lence, sexual assault, or stalking, such as police 
or court records, or documentation of the do-
mestic violence, sexual assault, or stalking from 
a shelter worker, attorney, clergy, or medical or 
other professional from whom the employee or 
family member of the employee has sought as-
sistance in addressing domestic violence, sexual 
assault, or stalking and their effects; 
‘‘(B) other corroborating evidence, such as 
a statement from any other individual with 
knowledge of the circumstances which provide 
the basis for the claim, or physical evidence of 
domestic violence, sexual assault, or stalking, 
such as photographs, or torn or bloody clothes; 
or 
‘‘(C) at the election of the employee, where 
documentation described in subparagraph (A) 
and corroborating evidence described in sub-
paragraph (B) is not available, a written state-
ment describing the domestic violence, sexual 
assault, or stalking and their effects. 
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‘‘(2) CONFIDENTIALITY.—All evidence of do-
mestic violence, sexual assault, or stalking provided 
to an employer under this subsection, including an 
employee’s statement, any corroborating evidence, 
and the fact that an employee has requested leave 
for the purpose of addressing domestic violence, sex-
ual assault, or stalking and their effects, shall be re-
tained in the strictest confidence by the employer, 
except to the extent consented to by the employee 
where disclosure is necessary to— 
‘‘(A) protect the safety of the employee or 
family member of the employee; or 
‘‘(B) assist in documenting domestic vio-
lence, sexual assault, or stalking for a court or 
law enforcement agency.’’. 
(g) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Family and Medical Leave Act of 1993 
(29 U.S.C. prec. 2601) is amended by striking the item 
relating to section 103 and inserting the following: 
‘‘103. Certification; confidentiality.’’. 
SEC. 163. INCLUSION OF SAME-SEX SPOUSES AND DOMES-
TIC PARTNERS. 
(a) DEFINITIONS.— 
(1) INCLUSION OF SAME-SEX SPOUSES.—Sec-
tion 101(13) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611(13)) is amended, by insert-
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ing ‘‘, and, notwithstanding section 7 of title I, 
United States Code, includes a spouse of the same 
sex as the employee as determined under applicable 
State law’’ before the period. 
(2) INCLUSION
CHILDREN
OF
A
DOMESTIC 
PARTNER.—Section 101(12) of such Act (29 U.S.C. 
2611(12)) is amended by inserting ‘‘a child of an in-
dividual’s domestic partner,’’ after ‘‘a legal ward,’’. 
(3) INCLUSION DOMESTIC PARTNERS.—Section 
101 of such Act (as amended by section 162) is fur-
ther amended by adding at the end the following: 
‘‘(25) DOMESTIC PARTNER.—The term ‘domes-
tic partner’ means— 
‘‘(A) the person recognized as the domestic 
partner of the employee under any domestic 
partner registry or civil union laws of the State 
or political subdivision of a State where the em-
ployee resides; or 
‘‘(B) in the case of an unmarried employee 
who resides in a State where a person cannot 
marry a person of the same sex under the laws 
of the State, a single, unmarried adult person 
of the same sex as the employee who is in a 
committed, intimate relationship with the em-
ployee, is not a domestic partner to any other 
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person, and who is designated to the employer 
by such employee as that employee’s domestic 
partner.’’. 
(b) LEAVE REQUIREMENT.—Section 102 of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2612) is 
amended— 
(1) 
in 
subsection 
(a)(1)(C), 
by 
striking 
‘‘spouse,’’ both places it appears and inserting 
‘‘spouse or domestic partner,’’; 
(2) in subsection (a)(1)(E), by striking spouse, 
and inserting ‘‘spouse or domestic partner,’’; 
(3) in subsection (a)(3), by striking ‘‘spouse,’’ 
and inserting ‘‘spouse or domestic partner,’’; 
(4) in subsection (e)(2)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’; 
(5) in subsection (e)(3), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’; and 
(6) in subsection (f)— 
(A) in the subsection heading, by inserting 
‘‘OR DOMESTIC PARTNERS’’ after ‘‘SPOUSES’’; 
(B) in paragraph (1), by striking ‘‘a hus-
band and wife’’ and inserting ‘‘both spouses or 
both domestic partners’’; 
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(C) in paragraph (2)(A), by striking ‘‘that 
husband and wife’’ and inserting ‘‘spouses or 
both domestic partners’’; and 
(D) in paragraph (2)(B), by striking ‘‘the 
husband and wife’’ and inserting ‘‘both spouses 
or both domestic partners’’. 
(c) CERTIFICATION.—Section 103 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2613) is amend-
ed— 
(1) in subsection (a), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’; 
(2) in subsection (b)(4)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’ both places it ap-
pears; and 
(3) in subsection (b)(7), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’. 
(d) EMPLOYMENT AND BENEFITS PROTECTION.— 
Section 104(c)(3) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2614(c)(3)) is amended— 
(1) in subparagraph (A)(i), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’; and 
(2) in subparagraph (C)(ii), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’. 
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SEC. 164. ENTITLEMENT TO LEAVE FOR FEDERAL EMPLOY-
EES FOR DOMESTIC VIOLENCE, SEXUAL AS-
SAULT, OR STALKING. 
(a) AUTHORITY FOR LEAVE.—Section 6382(a)(1) of 
title 5, United States Code is amended by adding at the 
end the following: 
‘‘(F) In order to care for the family member of 
the employee, if such family member is addressing 
domestic violence, sexual assault, or stalking and 
their effects. 
‘‘(G) Because the employee is addressing do-
mestic violence, sexual assault, or stalking and their 
effects, the employee is unable to perform any of the 
functions of the position of such employee.’’. 
(b) DEFINITIONS.—Section 6381 of title 5, United 
States Code (as amended by section 154(f)) is amended— 
(1) at the end of paragraph (10), by striking 
‘‘and’’; 
(2) in paragraph (11), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(14) the terms ‘domestic violence’, ‘sexual as-
sault’, and ‘stalking’ all have the meaning given such 
terms in section 40002 of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925), and the 
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term ‘domestic violence’ includes dating violence, as 
such term is defined in such section; 
‘‘(15) the term ‘addressing domestic violence, 
sexual assault, or stalking and their effects’ 
means— 
‘‘(A) seeking medical attention for or re-
covering from injuries caused by domestic vio-
lence, sexual assault, or stalking; 
‘‘(B) seeking legal assistance or remedies, 
including communicating with the police or an 
attorney, or participating in any legal pro-
ceeding related to domestic violence, sexual as-
sault, or stalking; 
‘‘(C) attending support groups for victims 
of domestic violence, sexual assault, or stalking; 
‘‘(D) obtaining psychological counseling re-
lated to experiences of domestic violence, sexual 
assault, or stalking; 
‘‘(E) participating in safety planning and 
other actions to increase safety from future do-
mestic violence, sexual assault, or stalking, in-
cluding temporary or permanent relocation; and 
‘‘(F) participating in any other activity ne-
cessitated by domestic violence, sexual assault, 
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or stalking which must be undertaken during 
hours of employment; and 
‘‘(16) the term ‘family member’, used with re-
spect to a person, means an individual who is a 
spouse, domestic partner, parent, son or daughter 
(including an adult son or daughter) of that per-
son;’’. 
(c) INTERMITTENT OR REDUCED LEAVE.—Section 
6382(b) of title 5, United States Code, (as amended by 
section 154(b)) is further amended by adding at the end 
the following: 
‘‘(3) Leave under subparagraph (E) or (F) of 
subsection (a)(1) may be taken by an employee 
intermittently or on a reduced leave schedule. The 
taking of leave intermittently or on a reduced leave 
schedule pursuant to this paragraph shall not result 
in a reduction in the total amount of leave to which 
the employee is entitled under subsection (a) beyond 
the amount of leave actually taken.’’. 
(d) OTHER LEAVE.—Section 6382(d) of title 5, 
United States Code, (as amended by section 154(c)) is fur-
ther amended by striking ‘‘(C), or (D)’’ and inserting 
‘‘(C), (D), (E), or (F)’’. 
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(e) NOTICE.—Section 6282(e) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(3) In any case in which the necessity for 
leave under subparagraph (F) or (G) of subsection 
(a)(1) is foreseeable based on a scheduled appoint-
ment or planned activity to address domestic vio-
lence, sexual assault, or stalking and their effects, 
the employee shall provide such notice to the em-
ploying agency as is reasonable and practicable.’’. 
(f) CERTIFICATION.—Section 6383 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) In determining if an employee meets the require-
ments of subparagraph (E) or (F) of section 6382(a)(1), 
the employing agency of an employee may require the em-
ployee to provide written certification. Certification under 
this subsection shall be sufficient if it includes— 
‘‘(1) documentation of the domestic violence, 
sexual assault, or stalking, such as police or court 
records, or documentation of the domestic violence, 
sexual assault, or stalking from a shelter worker, at-
torney, clergy, or medical or other professional from 
whom the employee or family member of the em-
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ployee has sought assistance in addressing domestic 
violence, sexual assault, or stalking and their effects; 
‘‘(2) other corroborating evidence, such as a 
statement from any other individual with knowledge 
of the circumstances which provide the basis for the 
claim, or physical evidence of domestic violence, sex-
ual assault, or stalking, such as photographs or torn 
or bloody clothes; or 
‘‘(3) at the election of the employee, where doc-
umentation described in paragraph (1) and corrobo-
rating evidence described in paragraph (2) is not 
available, a written statement describing the domes-
tic violence, sexual assault, or stalking and their ef-
fects.’’. 
(g) CONFIDENTIALITY.—Section 6383 of title 5, 
United States Code, as amended by subsection (f), is 
amended— 
(1) in the section heading, by adding before the 
period the following: ‘‘; confidentiality’’; and 
(2) by adding at the end the following: 
‘‘(g) All evidence of domestic violence, sexual assault, 
or stalking provided to an employing agency under this 
subsection, including an employee’s statement, any cor-
roborating evidence, and the fact that an employee has 
requested leave for the purpose of addressing domestic vio-
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lence, sexual assault, or stalking and their effects, shall 
be retained in the strictest confidence by the employing 
agency, except to the extent consented to by the employee 
where disclosure is necessary to— 
‘‘(1) protect the safety of the employee or fam-
ily member of the employee; or 
‘‘(2) assist in documenting domestic violence, 
sexual assault, or stalking for a court or law enforce-
ment agency.’’. 
(h) TABLE OF SECTIONS.—The table of sections for 
chapter 63 of title 5, United States Code, is amended by 
striking the item relating to section 6383 and inserting 
the following: 
‘‘6383. Certification; confidentiality.’’. 
SEC. 165. INCLUSION OF SAME-SEX SPOUSES AND DOMES-
TIC PARTNERS FOR LEAVE FOR FEDERAL EM-
PLOYEES. 
(a) DEFINITIONS.—Section 6381 of title 5, United 
States Code, (as amended by section 164) is further 
amended— 
(1) in paragraph (6), by inserting ‘‘a child of 
an individual’s domestic partner,’’ after ‘‘a legal 
ward,’’; and 
(2) by adding at the end the following: 
‘‘(17) the term ‘spouse’ means a husband or 
wife, as the case may be, and, notwithstanding sec-
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tion 7 of title I, United States Code, includes a 
spouse of the same sex as the employee as deter-
mined under applicable State law; and 
‘‘(18) the term ‘domestic partner’ means— 
‘‘(A) the person recognized as the domestic 
partner of the employee under any domestic 
partner registry or civil union laws of the State 
or political subdivision of a State where the em-
ployee resides; or 
‘‘(B) in the case of an unmarried employee 
who resides in a State where a person cannot 
marry a person of the same sex under the laws 
of the State, a single, unmarried adult person 
of the same sex as the employee who is in a 
committed, intimate relationship with the em-
ployee, is not a domestic partner to any other 
person, and who is designated to the employing 
agency by such employee as that employee’s do-
mestic partner.’’. 
(b) LEAVE REQUIREMENT.—Section 6382 of title 5, 
United States Code, is further amended— 
(1) 
in 
subsection 
(a)(1)(C), 
by 
striking 
‘‘spouse,’’ both places it appears and inserting 
‘‘spouse or domestic partner,’’; 
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(2) in subsection (a)(3), by striking ‘‘spouse,’’ 
and inserting ‘‘spouse or domestic partner,’’; and 
(3) in subsection (e)(2)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’. 
(c) CERTIFICATION.—Section 6383 of title 5, United 
States Code, is further amended— 
(1) in subsection (a), by inserting ‘‘domestic 
partner,’’ after ‘‘spouse,’’; and 
(2) in subsection (b)(4)(A), by inserting ‘‘do-
mestic partner,’’ after ‘‘spouse,’’ both places it ap-
pears. 
Subtitle D—Healthy Families Act 
SEC. 171. SHORT TITLE. 
This subtitle may be cited as the ‘‘Healthy Families 
Act’’. 
SEC. 172. PURPOSES. 
The purposes of this subtitle are— 
(1) to ensure that all working Americans can 
address their own health needs and the health needs 
of their families by requiring employers to permit 
employees to earn up to 56 hours of paid sick time 
including paid time for family care; 
(2) to diminish public and private health care 
costs by enabling workers to seek early and routine 
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medical care for themselves and their family mem-
bers; 
(3) to assist employees who are, or whose fam-
ily members are, victims of domestic violence, sexual 
assault, or stalking, by providing the employees with 
paid time away from work to allow the victims to re-
ceive treatment and to take the necessary steps to 
ensure their protection; 
(4) to accomplish the purposes described in 
paragraphs (1) through (3) in a manner that is fea-
sible for employers; and 
(5) consistent with the provision of the 14th 
amendment to the Constitution relating to equal 
protection of the laws, and pursuant to Congress’ 
power to enforce that provision under section 5 of 
that amendment— 
(A) to accomplish the purposes described 
in paragraphs (1) through (3) in a manner that 
minimizes the potential for employment dis-
crimination on the basis of sex by ensuring gen-
erally that paid sick time is available for eligible 
medical reasons on a gender-neutral basis; and 
(B) to promote the goal of equal employ-
ment opportunity for women and men. 
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SEC. 173. DEFINITIONS. 
In this subtitle: 
(1) CHILD.—The term ‘‘child’’ means a biologi-
cal, foster, or adopted child, a stepchild, a legal 
ward, or a child of a person standing in loco 
parentis, who is— 
(A) under 18 years of age; or 
(B) 18 years of age or older and incapable 
of self-care because of a mental or physical dis-
ability. 
(2) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)), except that the ref-
erence in such section to the term ‘‘jurisdiction re-
ceiving grant monies’’ shall be deemed to mean the 
jurisdiction in which the victim lives or the jurisdic-
tion in which the employer involved is located. 
(3) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A)(i) 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 covered under 
subparagraph (E), including such an employee 
of the Library of Congress, except that a ref-
erence in such section to an employer shall be 
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considered to be a reference to an employer de-
scribed in clauses (i)(I) and (ii) of paragraph 
(4)(A); or 
(ii) an employee of the Government Ac-
countability Office; 
(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 section 
101 of the Congressional Accountability Act of 1995 
(2 U.S.C. 1301), other than an applicant for em-
ployment; 
(D) a covered employee, as defined in section 
411(c) of title 3, United States Code; or 
(E) a Federal officer or employee covered under 
subchapter V of chapter 63 of title 5, United States 
Code. 
(4) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (B), who is not covered 
under subclause (V); 
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(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995; 
(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; and 
(ii) is engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government), 
as defined in subparagraph (B)(iii). 
(B) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce who employs 
15 or more employees for each work-
ing day during each of 20 or more 
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calendar workweeks in the current or 
preceding calendar year; 
(II) includes— 
(aa) any person who acts, 
directly or indirectly, in the inter-
est of an employer to any of the 
employees of such employer; and 
(bb) any successor in inter-
est of an employer; 
(III) includes any ‘‘public agen-
cy’’, as defined in section 3(x) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)); and 
(IV) includes the Government 
Accountability Office and the Library 
of Congress. 
(ii) PUBLIC
AGENCY.—For purposes 
of clause (i)(III), a public agency shall be 
considered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITIONS.—For purposes of 
this subparagraph: 
(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
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affecting commerce’’ mean any activ-
ity, business, or industry in commerce 
or in which a labor dispute would 
hinder or obstruct commerce or the 
free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affect-
ing commerce’’, as defined in para-
graphs (1) and (3) of section 501 of 
the Labor Management Relations Act, 
1947 (29 U.S.C. 142 (1) and (3)). 
(II) EMPLOYEE.—The term ‘‘em-
ployee’’ has the same meaning given 
such term in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(e)). 
(III) PERSON.—The term ‘‘per-
son’’ has the same meaning given 
such term in section 3(a) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(a)). 
(C) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(5) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
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made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(6) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means a provider who— 
(A)(i) is a doctor of medicine or osteopathy 
who is authorized to practice medicine or sur-
gery (as appropriate) by the State in which the 
doctor practices; or 
(ii) is any other person determined by the 
Secretary to be capable of providing health care 
services; and 
(B) is not employed by an employer for 
whom the provider issues certification under 
this subtitle. 
(7) PAID
SICK
TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave that 
can be earned by an employee for use during an ab-
sence from employment for any of the reasons de-
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scribed in paragraphs (1) through (4) of section 
5(b). 
(8) PARENT.—The term ‘‘parent’’ means a bio-
logical, foster, or adoptive parent of an employee, a 
stepparent of an employee, or a legal guardian or 
other person who stood in loco parentis to an em-
ployee when the employee was a child. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(10) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)). 
(11) 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. 
(12) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002(a) of the 
Violence Against Women Act of 1994 (42 U.S.C. 
13925(a)). 
(13) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, sexual as-
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sault, or stalking or advocates for such victims, in-
cluding a rape crisis center, an organization carrying 
out a domestic violence, sexual assault, or stalking 
prevention or treatment program, an organization 
operating a shelter or providing counseling services, 
or a legal services organization or other organization 
providing assistance through the legal process. 
SEC. 174. PROVISION OF PAID SICK TIME. 
(a) ACCRUAL OF PAID SICK TIME.— 
(1) IN
GENERAL.—An employer shall permit 
each employee employed by the employer to earn not 
less than 1 hour of paid sick time for every 30 hours 
worked, to be used as described in subsection (b). 
An employer shall not be required to permit an em-
ployee to earn, under this section, more than 56 
hours of paid sick time in a calendar year, unless 
the employer chooses to set a higher limit. 
(2) EXEMPT EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), for purposes of this section, an 
employee who is exempt from overtime require-
ments under section 13(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(1)) 
shall be assumed to work 40 hours in each 
workweek. 
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(B) SHORTER
NORMAL
WORKWEEK.—If 
the normal workweek of such an employee is 
less than 40 hours, the employee shall earn 
paid sick time based upon that normal work 
week. 
(3) DATES OF ACCRUAL AND USE.—Employees 
shall begin to earn paid sick time under this section 
at the commencement of their employment. An em-
ployee shall be entitled to use the earned paid sick 
time beginning on the 60th calendar day following 
commencement of the employee’s employment. After 
that 60th calendar day, the employee may use the 
paid sick time as the time is earned. An employer 
may, at the discretion of the employer, loan paid 
sick time to an employee in advance of the earning 
of such time under this section by such employee. 
(4) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid sick time earned under 
this section shall carry over from 1 calendar 
year to the next. 
(B) CONSTRUCTION.—This subtitle shall 
not be construed to require an employer to per-
mit an employee to accrue more than 56 hours 
of earned paid sick time at a given time. 
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(5) EMPLOYERS
WITH
EXISTING
POLICIES.— 
Any employer with a paid leave policy who makes 
available an amount of paid leave that is sufficient 
to meet the requirements of this section and that 
may be used for the same purposes and under the 
same conditions as the purposes and conditions out-
lined in subsection (b) shall not be required to per-
mit an employee to earn additional paid sick time 
under this section. 
(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to an employee from an employer upon 
the employee’s termination, resignation, retirement, 
or other separation from employment for earned 
paid sick time that has not been used. 
(7) REINSTATEMENT.—If an employee is sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer, the employer shall reinstate the em-
ployee’s previously earned paid sick time. The em-
ployee shall be entitled to use the earned paid sick 
time and earn additional paid sick time at the re-
commencement of employment with the employer. 
(8) PROHIBITION.—An employer may not re-
quire, as a condition of providing paid sick time 
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under this subtitle, that the employee involved 
search for or find a replacement worker to cover the 
hours during which the employee is using paid sick 
time. 
(b) USES.—Paid sick time earned 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. 
(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. 
(4) An absence resulting from domestic vio-
lence, sexual assault, or stalking, if the time is to— 
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(A) seek medical attention for the em-
ployee or the employee’s child, parent, or 
spouse, or an individual related to the employee 
as described in paragraph (3), to recover from 
physical or psychological injury or disability 
caused by domestic violence, sexual assault, or 
stalking; 
(B) obtain or assist a related person de-
scribed in paragraph (3) in obtaining services 
from a victim services organization; 
(C) obtain or assist a related person de-
scribed in paragraph (3) in obtaining psycho-
logical or other counseling; 
(D) seek relocation; or 
(E) take legal action, including preparing 
for or participating in any civil or criminal legal 
proceeding related to or resulting from domestic 
violence, sexual assault, or stalking. 
(c) SCHEDULING.—An employee shall make a reason-
able effort to schedule a period of paid sick time under 
this subtitle in a manner that does not unduly disrupt the 
operations of the employer. 
(d) PROCEDURES.— 
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(1) IN GENERAL.—Paid sick time shall be pro-
vided upon the oral or written request of an em-
ployee. Such request shall— 
(A) include the expected duration of the 
period of such time; 
(B) in a case in which the need for such 
period of time is foreseeable at least 7 days in 
advance of such period, be provided at least 7 
days in advance of such period; and 
(C) otherwise, be provided as soon as prac-
ticable after the employee is aware of the need 
for such period. 
(2) CERTIFICATION IN GENERAL.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graph (C), an employer may require that a 
request for paid sick time under this sec-
tion for a purpose described in paragraph 
(1), (2), or (3) of subsection (b) be sup-
ported by a certification issued by the 
health care provider of the eligible em-
ployee or of an individual described in sub-
section (b)(3), as appropriate, if the period 
of such time covers more than 3 consecu-
tive 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 pe-
riod of time. The employer shall not delay 
the commencement of the period of time on 
the basis that the employer has not yet re-
ceived 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 period 
of time will be needed; 
(II) the probable duration of the 
period of time; 
(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 paid sick 
time under subsection (b)(1), a state-
ment that absence from work is medi-
cally necessary; 
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(bb) for purposes of such time 
under subsection (b)(2), the dates on 
which testing for a medical diagnosis 
or care is expected to be given and the 
duration of such testing or care; and 
(cc) for purposes of such time 
under subsection (b)(3), in the case of 
time to care for someone who is not a 
child, a statement that care is needed 
for an individual described in such 
subsection, and an estimate of the 
amount of time that such care is 
needed for such individual. 
(ii) LIMITATION.—In issuing a certifi-
cation under subparagraph (A), a health 
care provider shall make reasonable efforts 
to limit the medical facts described in 
clause (i)(III) that are disclosed in the cer-
tification to the minimum necessary to es-
tablish a need for the employee to utilize 
paid sick time. 
(C) 
REGULATIONS.—Regulations 
pre-
scribed under section 182 shall specify the man-
ner in which an employee who does not have 
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health insurance shall provide a certification for 
purposes of this paragraph. 
(D) CONFIDENTIALITY
AND
NONDISCLO-
SURE.— 
(i) PROTECTED
HEALTH
INFORMA-
TION.—Nothing in this subtitle shall be 
construed to require a health care provider 
to disclose information in violation of sec-
tion 1177 of the Social Security Act (42 
U.S.C. 1320d–6) or the regulations pro-
mulgated pursuant to section 264(c) of the 
Health Insurance Portability and Account-
ability Act of 1996 (42 U.S.C. 1320d–2 
note). 
(ii) 
HEALTH
INFORMATION 
RECORDS.—If 
an 
employer 
possesses 
health information about an employee or 
an employee’s child, parent, spouse or 
other individual described in subsection 
(b)(3), such information shall— 
(I) be maintained on a separate 
form and in a separate file from other 
personnel information; 
(II) be treated as a confidential 
medical record; and 
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(III) not be disclosed except to 
the affected employee or with the per-
mission of the affected employee. 
(3) CERTIFICATION IN THE CASE OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
(A) IN GENERAL.—An employer may re-
quire that a request for paid sick time under 
this section for a purpose described in sub-
section (b)(4) be supported by 1 of the fol-
lowing forms of documentation: 
(i) A police report indicating that the 
employee, or a member of the employee’s 
family described in subsection (b)(4), was 
a victim of domestic violence, sexual as-
sault, or stalking. 
(ii) A court order protecting or sepa-
rating the employee or a member of the 
employee’s family described in subsection 
(b)(4) from the perpetrator of an act of 
domestic violence, sexual assault, or stalk-
ing, or other evidence from the court or 
prosecuting attorney that the employee or 
a member of the employee’s family de-
scribed in subsection (b)(4) has appeared 
in court or is scheduled to appear in court 
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in a proceeding related to domestic vio-
lence, sexual assault, or stalking. 
(iii) Other documentation signed by 
an employee or volunteer working for a vic-
tim services organization, an attorney, a 
police officer, a medical professional, a so-
cial worker, an antiviolence counselor, or a 
member of the clergy, affirming that the 
employee or a member of the employee’s 
family described in subsection (b)(4) is a 
victim of domestic violence, sexual assault, 
or stalking. 
(B) REQUIREMENTS.—The requirements 
of paragraph (2) shall apply to certifications 
under this paragraph, except that— 
(i) subclauses (III) and (IV) of sub-
paragraph (B)(i) and subparagraph (B)(ii) 
of such paragraph shall not apply; 
(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the min-
imum necessary to establish a need for the 
employee to be absent from work, and the 
employee shall not be required to explain 
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the details of the domestic violence, sexual 
assault, or stalking involved; and 
(iii) with respect to confidentiality 
under subparagraph (D) of such para-
graph, any information provided to the em-
ployer under this paragraph shall be con-
fidential, except to the extent that any dis-
closure of such information is— 
(I) requested or consented to in 
writing by the employee; or 
(II) otherwise required by appli-
cable Federal or State law. 
SEC. 175. POSTING REQUIREMENT. 
(a) IN GENERAL.—Each employer shall post and 
keep posted a notice, to be prepared or approved in ac-
cordance with procedures specified in regulations pre-
scribed under section 182, setting forth excerpts from, or 
summaries of, the pertinent provisions of this subtitle in-
cluding— 
(1) information describing paid sick time avail-
able to employees under this subtitle; 
(2) information pertaining to the filing of an 
action under this subtitle; 
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100 
(3) the details of the notice requirement for a 
foreseeable 
period 
of 
time 
under 
section 
174(d)(1)(B); and 
(4) information that describes— 
(A) the protections that an employee has 
in exercising rights under this subtitle; and 
(B) how the employee can contact the Sec-
retary (or other appropriate authority as de-
scribed in section 177) if any of the rights are 
violated. 
(b) LOCATION.—The notice described under sub-
section (a) shall be posted— 
(1) in conspicuous places on the premises of the 
employer, where notices to employees (including ap-
plicants) are customarily posted; or 
(2) in employee handbooks. 
(c) VIOLATION; PENALTY.—Any employer who will-
fully violates the posting requirements of this section shall 
be subject to a civil fine in an amount not to exceed $100 
for each separate offense. 
SEC. 176. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
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101 
the exercise of, or the attempt to exercise, any right 
provided under this subtitle, 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 subtitle; 
(B) using the taking of paid sick time 
under this subtitle as a negative factor in an 
employment action, such as hiring, promotion, 
or a disciplinary action; or 
(C) counting the paid 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 subtitle. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against (including retali-
ating against) any individual, including a job applicant, 
because such individual— 
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102 
(1) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this subtitle; 
(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 subtitle; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this subtitle. 
(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. 177. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITIONS.—In this subsection: 
(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A) or (B) of 
section 173(3); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 173(4)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
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103 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this subtitle, or any regu-
lation or order issued under this subtitle, the 
Secretary shall have, subject to subparagraph 
(C), the investigative authority provided under 
section 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 subtitle in accordance with section 11(c) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(c)) and in accordance with regula-
tions prescribed 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 subtitle or any reg-
ulation or order issued pursuant to this subtitle, 
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or is investigating a charge pursuant to para-
graph (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 176 (including a violation relating 
to rights provided under section 174) 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 56 hours 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 176 
(including a violation relating to rights provided 
under section 174) 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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107 
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 176 (including a willful violation relating to 
rights provided under section 174), 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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108 
(A) to restrain violations of section 176 
(including a violation relating to rights provided 
under section 174), including the restraint of 
any withholding of payment of wages, salary, 
employment benefits, or other compensation, 
plus interest, found by the court to be due to 
employees or individuals eligible under this sub-
title; 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 
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109 
procedures provided in the Congressional Accountability 
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 subtitle provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this subtitle against an employee described in sec-
tion 173(3)(C). 
(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 subtitle provides to the President, that 
Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against 
an employee described in section 173(3)(D). 
(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 
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110 
that title, shall be the powers, remedies, and procedures 
this subtitle provides to that agency, that Board, or any 
person, respectively, alleging an unlawful employment 
practice in violation of this subtitle against an employee 
described in section 173(3)(E). 
(e) REMEDIES FOR STATE EMPLOYEES.— 
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
State’s receipt or use of Federal financial assistance 
for any program or activity of a State shall con-
stitute a waiver of sovereign immunity, under the 
11th amendment to the Constitution or otherwise, to 
a suit brought by an employee of that program or 
activity under this subtitle for equitable, legal, or 
other relief authorized under this subtitle. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any employee who has complied with the procedures 
under subsection (a)(3), for injunctive relief that is 
authorized under this subtitle. In such a suit the 
court may award to the prevailing party those costs 
authorized by section 722 of the Revised Statutes 
(42 U.S.C. 1988). 
(3) APPLICABILITY.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
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111 
of enactment of this subtitle, on which a State first 
receives or uses Federal financial assistance for that 
program or activity. 
(4) DEFINITION OF PROGRAM OR ACTIVITY.—In 
this subsection, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 
SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—Effective 90 
days after the date of enactment of this subtitle, the Com-
missioner of Labor Statistics shall annually compile infor-
mation on the following: 
(1) The number of employees who used paid 
sick time. 
(2) The number of hours of paid sick time 
used. 
(3) The number of employees who used paid 
sick time for absences necessary due to domestic vio-
lence, sexual assault, or stalking. 
(4) The demographic characteristics of employ-
ees who were eligible for and who used paid sick 
time. 
(b) GAO STUDY.— 
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112 
(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 time and the reasons for the use. 
(ii) The number of employees who used the 
paid sick time for periods of time covering more 
than 3 consecutive workdays. 
(B) The cost and benefits to employers of 
implementing the paid sick time policies. 
(C) The cost to employees of providing cer-
tification to obtain the paid sick time. 
(D) The benefits of the paid sick time 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. 
(E) Whether the paid sick time affected 
employees’ ability to sustain an adequate in-
come while meeting needs of the employees and 
their family members. 
(F) Whether employers who administered 
paid sick time policies prior to the date of en-
actment of this subtitle were affected by the 
provisions of this subtitle. 
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113 
(G) Whether other types of leave were af-
fected by this subtitle. 
(H) Whether paid sick time affected reten-
tion and turnover and costs of presenteeism. 
(I) Whether the paid sick time increased 
the use of less costly preventive medical care 
and lowered the use of emergency room care. 
(J) Whether the paid sick time reduced the 
number of children sent to school when the chil-
dren were sick. 
(2) AGGREGATING
DATA.—The data collected 
under subparagraphs (A) and (D) of paragraph (1) 
shall be aggregated by gender, race, disability, earn-
ings level, age, marital status, family type, including 
parental status, and industry. 
(3) REPORTS.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this sub-
title, the Comptroller General of the United 
States shall prepare and submit a report to the 
appropriate 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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114 
(B) FOLLOWUP REPORT.—Not later than 
5 years after the date of enactment of this sub-
title, the Comptroller General of the United 
States shall prepare and submit a followup re-
port to the appropriate committees of Congress 
concerning the results of the study conducted 
pursuant to paragraph (1) and the data aggre-
gated under paragraph (2). 
SEC. 179. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this subtitle shall be construed to 
modify or affect any Federal or State law prohibiting dis-
crimination on the basis of race, religion, color, national 
origin, sex, age, or disability. 
(b) STATE AND LOCAL LAWS.—Nothing in this sub-
title shall be construed to supersede (including pre-
empting) any provision of any State or local law that pro-
vides greater paid sick time or leave rights (including 
greater paid sick time or leave, or greater coverage of 
those eligible for paid sick time or leave) than the rights 
established under this subtitle. 
SEC. 180. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this subtitle 
shall be construed to diminish the obligation of an em-
ployer to comply with any contract, collective bargaining 
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115 
agreement, or any employment benefit program or plan 
that provides greater paid sick leave or other leave rights 
to employees or individuals than the rights established 
under this subtitle. 
(b) LESS PROTECTIVE.—The rights established for 
employees under this subtitle shall not be diminished by 
any contract, collective bargaining agreement, or any em-
ployment benefit program or plan. 
SEC. 181. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this subtitle shall be construed to discour-
age employers from adopting or retaining leave policies 
more generous than policies that comply with the require-
ments of this subtitle. 
SEC. 182. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), not later than 180 days after the date of 
enactment of this subtitle, the Secretary shall pre-
scribe such regulations as are necessary to carry out 
this subtitle with respect to employees described in 
subparagraph (A) or (B) of section 173(3) and other 
individuals affected by employers described in sub-
clause (I) or (II) of section 173(4)(A)(i). 
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(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 
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 subtitle, the 
Board of Directors of the Office of Compliance shall 
prescribe (in accordance with section 304 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 
1384)) such regulations as are necessary to carry 
out this subtitle with respect to employees described 
in section 173(3)(C) and other individuals affected 
by employers described in section 173(4)(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 subtitle except insofar as the 
Board may determine, for good cause shown and 
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117 
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. 
(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 subtitle, the 
President (or the designee of the President) shall 
prescribe such regulations as are necessary to carry 
out this subtitle with respect to employees described 
in section 173(3)(D) and other individuals affected 
by employers described in section 173(4)(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 subtitle 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. 
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118 
(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 subtitle, the Di-
rector of the Office of Personnel Management shall 
prescribe such regulations as are necessary to carry 
out this subtitle with respect to employees described 
in section 173(3)(E) and other individuals affected 
by employers described in section 173(4)(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 subtitle except insofar as the 
Director 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. 183. EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—This subtitle shall take effect 
6 months after the date of issuance of regulations under 
section 182(a)(1). 
(b) COLLECTIVE BARGAINING AGREEMENTS.—In the 
case of a collective bargaining agreement in effect on the 
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119 
effective date prescribed by subsection (a), this subtitle 
shall take effect on the earlier of— 
(1) the date of the termination of such agree-
ment; or 
(2) the date that occurs 18 months after the 
date of issuance of regulations under section 
182(a)(1). 
TITLE II—CHILD CARE 
EXPANSION AND IMPROVEMENT 
Subtitle A—Care for Young 
Children 
SEC. 201. EXPANDING CHILD CARE FOR YOUNG CHILDREN. 
(a) GOALS.—Section 658A(b) of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9801 
note) is amended— 
(1) in paragraph (4), by striking ‘‘and’’; 
(2) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) to assist States in improving child care 
services for young children.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
658B of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858) is amended— 
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(1) by striking ‘‘There’’ and inserting ‘‘(a) In 
General.—There’’; and 
(2) by adding at the end the following: 
‘‘(b) CHILD CARE ACTIVITIES FOR YOUNG CHIL-
DREN.—In addition to amounts appropriated under sub-
section (a), there is authorized to be appropriated to carry 
out child care activities for young children under this sub-
chapter $500,000,000 for each of the fiscal years 2012, 
2013, and 2014.’’. 
(c) CHILD CARE ACTIVITIES
FOR YOUNG CHIL-
DREN.—The Child Care and Development Block Grant 
Act of 1990 (42 U.S.C. 9801 et seq.) is amended by in-
serting after section 658G the following: 
‘‘SEC. 658H. CHILD CARE ACTIVITIES FOR YOUNG CHIL-
DREN. 
‘‘Child care activities for young children for which 
funds under this subchapter may be used include activities 
that are designed to accomplish the following: 
‘‘(1) Increase the availability of child care serv-
ices for young children with disabilities. 
‘‘(2) Provide support services for networks of 
family child care providers. 
‘‘(3) Provide or support programs that provide 
training, services, materials, equipment, or other 
support to caregivers, eligible child care providers, 
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and family child care providers that provide child 
care to young children. Such support may include 
the purchase of equipment such as cribs and high 
chairs. 
‘‘(4) Provide funds to increase compensation of-
fered and provide bonuses to caregivers, eligible 
child care providers, and family child care providers 
who provide child care to children under the age of 
3 years, especially those caregivers and providers 
who have formal education in early childhood devel-
opment. 
‘‘(5) Provide and support networks between 
health care providers and caregivers, eligible child 
care providers, and family child care providers that 
provide child care to young children. 
‘‘(6) Provide child care services for young chil-
dren who are enrolled in Head Start programs under 
the Head Start Act (42 U.S.C. 9831 et seq.).’’. 
(d) DEFINITIONS.—Section 658P of the Child Care 
and Development Block Grant Act of 1990 (42 U.S.C. 
9858n) is amended by adding at the end the following: 
‘‘(15) YOUNG
CHILDREN.—The term ‘young 
children’ means eligible children who are less than 3 
years of age.’’. 
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Subtitle B—Improving Child Care 
Quality Through Teacher Incen-
tives 
SEC. 211. PURPOSE. 
The purposes of this subtitle are— 
(1) to establish the Child Care Provider Devel-
opment and Retention Grant Program, the Child 
Care Provider Scholarship Program, and a program 
of child care provider health benefits coverage; and 
(2) to help children receive the high-quality 
child care and early education the children need for 
positive cognitive and social development, by reward-
ing and promoting the retention of committed, quali-
fied child care providers and by providing financial 
assistance to improve the educational qualifications 
of child care providers. 
SEC. 212. DEFINITIONS. 
In this subtitle: 
(1) CHILD CARE PROVIDER.—The term ‘‘child 
care provider’’ means an individual who provides a 
service directly to a child on a person-to-person basis 
for compensation for— 
(A) a center-based child care provider that 
is licensed or regulated under State or local law 
and that satisfies the State and local require-
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123 
ments applicable to the child care services pro-
vided; 
(B) a licensed or regulated family child 
care provider that satisfies the State and local 
requirements applicable to the child care serv-
ices provided; or 
(C) an out-of-school time program that is 
licensed or regulated under State or local law 
and that satisfies the State and local require-
ments applicable to the child care services pro-
vided. 
(2) FAMILY CHILD CARE PROVIDER.—The term 
‘‘family child care provider’’ has the meaning given 
such term in section 658P of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 
9858n). 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency designated under section 658D of 
the Child Care and Development Block Grant Act of 
1990 (42 U.S.C. 9858b). 
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(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(6) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands of 
the United States, Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands. 
(7) TRIBAL ORGANIZATION.—The term ‘‘tribal 
organization’’ has the meaning given the term in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
SEC. 213. FUNDS FOR CHILD CARE PROVIDER DEVELOP-
MENT AND RETENTION GRANTS, SCHOLAR-
SHIPS, AND HEALTH BENEFITS COVERAGE. 
(a) IN GENERAL.—From amounts appropriated to 
carry out this subtitle, the Secretary may allot and dis-
tribute funds to eligible States, and make payments to In-
dian tribes and tribal organizations, to pay for the Federal 
share of the cost of carrying out activities under sections 
216, 217, and 218 for eligible child care providers. 
(b) ALLOTMENTS.—The funds shall be allotted and 
distributed, and the payments shall be made, by the Sec-
retary in accordance with section 214, and expended by 
the States (directly, or at the option of the States, through 
units of general purpose local government), and by Indian 
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tribes and tribal organizations, in accordance with this 
subtitle. 
SEC. 214. ALLOTMENTS TO STATES. 
(a) AMOUNTS RESERVED.— 
(1) TERRITORIES AND POSSESSIONS.—The Sec-
retary shall reserve not more than 1⁄2 of 1 percent 
of the funds appropriated under section 221(a), and 
not more than 1⁄2 of 1 percent of the funds appro-
priated under section 222(b), for any fiscal year for 
payments to the Virgin Islands of the United States, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands, to be allotted in ac-
cordance with their respective needs. 
(2) INDIAN
TRIBES
AND
TRIBAL
ORGANIZA-
TIONS.—The Secretary shall reserve not more than 
3 percent of the funds appropriated under section 
221(a), and not more than 3 percent of the funds 
appropriated under section 221(b), for any fiscal 
year for payments to Indian tribes and tribal organi-
zations with applications approved under subsection 
(c). 
(b) ALLOTMENTS TO REMAINING STATES.— 
(1) GENERAL
AUTHORITY.—From the funds 
appropriated under section 221(a) for any fiscal year 
and remaining after the reservations made under 
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subsection (a), and from the funds appropriated 
under section 221(b) for any fiscal year and remain-
ing after the reservations made under subsection (a), 
the Secretary shall allot to each State an amount 
equal to the sum of— 
(A) an amount that bears the same ratio 
to 50 percent of the appropriate remainder as 
the product of the young child factor of the 
State and the allotment percentage of the State 
bears to the sum of the corresponding products 
for all States; and 
(B) an amount that bears the same ratio 
to 50 percent of such remainder as the product 
of the school lunch factor of the State and the 
allotment percentage of the State bears to the 
sum of the corresponding products for all 
States. 
(2) YOUNG CHILD FACTOR.—In this subsection, 
the term ‘‘young child factor’’ means the ratio of the 
number of children under 5 years of age in the State 
to the number of such children in all the States, as 
determined according to the most recent annual esti-
mates of population in the States, as provided by the 
Bureau of the Census. 
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127 
(3) SCHOOL
LUNCH
FACTOR.—In this sub-
section, the term ‘‘school lunch factor’’ means the 
ratio of the number of children who are receiving 
free or reduced price lunches under the school lunch 
program established under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
in the State to the number of such children in all 
the States, as determined annually by the Depart-
ment of Agriculture. 
(4) ALLOTMENT PERCENTAGE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), for purposes of this sub-
section, the allotment percentage for a State 
shall be determined by dividing the per capita 
income of all individuals in the United States, 
by the per capita income of all individuals in 
the State. 
(B) LIMITATIONS.—For purposes of this 
subsection, if an allotment percentage deter-
mined under subparagraph (A)— 
(i) is more than 1.2 percent, the allot-
ment percentage of that State shall be con-
sidered to be 1.2 percent; and 
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(ii) is less than 0.8 percent, the allot-
ment percentage of the State shall be con-
sidered to be 0.8 percent. 
(C) PER CAPITA INCOME.—For purposes 
of subparagraph (A), per capita income shall 
be— 
(i) determined at 2-year intervals; 
(ii) applied for the 2-year period be-
ginning on October 1 of the first fiscal 
year beginning after the date such deter-
mination is made; and 
(iii) equal to the average of the an-
nual per capita incomes for the most re-
cent period of 3 consecutive years for 
which satisfactory data are available from 
the Department of Commerce at the time 
such determination is made. 
(c) PAYMENTS TO INDIAN TRIBES AND TRIBAL OR-
GANIZATIONS.— 
(1) RESERVATION OF FUNDS.—From amounts 
reserved under subsection (a)(2), the Secretary may 
make grants to or enter into contracts with Indian 
tribes and tribal organizations that submit applica-
tions under this subsection, to plan and carry out 
programs and activities— 
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(A) to encourage child care providers to 
improve their qualifications; 
(B) to retain qualified child care providers 
in the child care field; and 
(C) to provide health benefits coverage for 
child care providers. 
(2) APPLICATIONS
AND
REQUIREMENTS.—To 
be eligible to receive a grant or contract under this 
subsection, an Indian tribe or tribal organization 
shall submit an application to the Secretary at such 
time, in such manner, and containing such informa-
tion as the Secretary may require. The application 
shall provide that the applicant— 
(A) will coordinate the programs and ac-
tivities involved, to the maximum extent prac-
ticable, with the lead agency in each State in 
which the applicant will carry out such pro-
grams and activities; and 
(B) will make such reports on, and conduct 
such audits of the funds made available through 
the grant or contract for, programs and activi-
ties under this subtitle as the Secretary may re-
quire. 
(d) DATA AND INFORMATION.—The Secretary shall 
obtain from each appropriate Federal agency, the most re-
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130 
cent data and information necessary to determine the al-
lotments provided for in subsection (b). 
(e) REALLOTMENTS.— 
(1) IN GENERAL.—Any portion of an allotment 
under subsection (b) to a State for a fiscal year that 
the Secretary determines will not be distributed to 
the State for such fiscal year shall be reallotted by 
the Secretary to other States in proportion to the 
original corresponding allotments made under such 
subsection to such States for such fiscal year. 
(2) LIMITATIONS.— 
(A) REDUCTION.—The amount of any re-
allotment to which a State is entitled under this 
subsection shall be reduced to the extent that 
such amount exceeds the amount that the Sec-
retary estimates will be distributed to the State 
to carry out corresponding activities under this 
subtitle. 
(B) REALLOTMENTS.—The amount of 
such reduction shall be reallotted to States for 
which no reduction in a corresponding allot-
ment, or in a corresponding reallotment, is re-
quired by this subsection, in proportion to the 
original corresponding allotments made under 
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131 
subsection (b) to such States for such fiscal 
year. 
(3) AMOUNTS REALLOTTED.—For purposes of 
this subtitle (other than this subsection and sub-
section (b)), any amount reallotted to a State under 
this subsection shall be considered to be part of the 
corresponding allotment made under subsection (b) 
to the State. 
(4) INDIAN
TRIBES
OR
TRIBAL
ORGANIZA-
TIONS.—Any portion of a grant or contract made to 
an Indian tribe or tribal organization under sub-
section (c) that the Secretary determines is not 
being used in a manner consistent with the provi-
sions of this subtitle in the period for which the 
grant or contract is made available, shall be used by 
the Secretary to make payments to other tribes or 
organizations that have submitted applications under 
subsection (c) in accordance with their respective 
needs. 
(f) COST-SHARING.— 
(1) CHILD CARE PROVIDER DEVELOPMENT AND 
RETENTION GRANTS AND SCHOLARSHIPS.— 
(A) FEDERAL SHARE.—The Federal share 
of the cost of carrying out activities under sec-
tions 216 and 217, with funds allotted under 
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132 
this section and distributed by the Secretary to 
a State, shall be— 
(i) not more than 90 percent of the 
cost of each grant made under such sec-
tions, in the first fiscal year for which the 
State receives such funds; 
(ii) not more than 85 percent of the 
cost of each grant made under such sec-
tions, in the second fiscal year for which 
the State receives such funds; 
(iii) not more than 80 percent of the 
cost of each grant made under such sec-
tions, in the third fiscal year for which the 
State receives such funds; and 
(iv) not more than 75 percent of the 
cost of each grant made under such sec-
tions, in any subsequent fiscal year for 
which the State receives such funds. 
(B) NON-FEDERAL SHARE.— 
(i) IN GENERAL.—The State may pro-
vide the non-Federal share of the cost in 
cash or in the form of an in-kind contribu-
tion, fairly evaluated by the Secretary. 
(ii) IN-KIND CONTRIBUTION.—In this 
subparagraph, the term ‘‘in-kind contribu-
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tion’’ means payment of the costs of par-
ticipation of eligible child care providers in 
health insurance programs or retirement 
programs. 
(2) CHILD CARE PROVIDER HEALTH BENEFITS 
COVERAGE.— 
(A) FEDERAL SHARE.—The Federal share 
of the cost of carrying out activities under sec-
tion 218, with funds allotted under this section 
and distributed by the Secretary to a State, 
shall be not more than 50 percent of such cost. 
(B) NON-FEDERAL
SHARE.—The State 
may provide the non-Federal share of the cost 
in cash or in kind, fairly evaluated by the Sec-
retary, including plant, equipment, or services. 
The State shall provide the non-Federal share 
directly or through donations from public or 
private entities. Amounts provided by the Fed-
eral Government, or services assisted or sub-
sidized to any significant extent by the Federal 
Government, may not be included in deter-
mining the amount of such share. 
(g) AVAILABILITY OF ALLOTTED FUNDS DISTRIB-
UTED TO STATES.—Of the funds allotted under this sec-
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(ii) PROVIDERS WITH ASSOCIATE DE-
GREES.—An eligible child care provider 
who has an associate of the arts degree in 
the area of child development or early child 
education shall receive a grant under sec-
tion 216 in an amount that is not less 
than 150 percent of the amount of the 
grant that is made under section 216 to an 
eligible child care provider who has a child 
development associate credential (or equiv-
alent) and is employed full-time to provide 
child care services. 
(iii) OTHER PROVIDERS WITH BACCA-
LAUREATE DEGREES.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), an eligible 
child care provider who has a bacca-
laureate degree in a field other than 
child development or early child edu-
cation shall receive a grant under sec-
tion 216 in an amount equal to the 
amount of the grant that is made 
under section 216 to an eligible child 
care provider who has an associate of 
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