(bb) for purposes of leave under 
subsection (d)(2), the dates on which 
testing for a medical diagnosis or care 
is expected to be given and the dura-
tion of such testing or care; and 
(cc) for purposes of leave under 
subsection (d)(3), in the case of leave 
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 leave. 
(C) 
REGULATIONS.—Regulations 
pre-
scribed under section 13 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 Act shall be con-
strued to require a health care provider to 
disclose information in violation of section 
1177 of the Social Security Act (42 U.S.C. 
1320d–6) or the regulations promulgated 
pursuant to section 264(c) of the Health 
Insurance Portability and Accountability 
Act (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 
(d)(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. 
(g) CURRENT LEAVE POLICIES.— 
(1) EQUIVALENCY
REQUIREMENT.—An em-
ployer with a leave policy providing paid leave op-
tions shall not be required to modify such policy, if 
such policy includes provisions for the provision, use, 
and administration of paid sick leave that meet the 
requirements of subsections (a) through (f). 
(2) NO ELIMINATION, REDUCTION, OR REDES-
IGNATION OF EXISTING LEAVE.—An employer may 
not eliminate, reduce, or redesignate any leave in ex-
istence on the date of enactment of this Act in order 
to comply with the provisions of this Act. 
SEC. 6. 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 13, setting forth excerpts from, or 
summaries of, the pertinent provisions of this Act includ-
ing— 
(1) information describing leave available to 
employees under this Act; 
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(2) information pertaining to the filing of an 
action under this Act; 
(3) the details of the notice requirement for 
foreseeable leave under section 5(f)(1)(B); and 
(4) information that describes— 
(A) the protections that an employee has 
in exercising rights under this Act; and 
(B) how the employee can contact the Sec-
retary (or other appropriate authority as de-
scribed in section 8) if any of the rights are vio-
lated. 
(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. 7. 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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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 sick leave under 
this Act as a negative factor in an employment 
action, such as hiring, promotion, or a discipli-
nary action; or 
(C) counting the sick leave under a no- 
fault attendance 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 
in any other manner discriminate against (including retali-
ating against) any individual, including a job applicant, 
because such individual— 
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(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. 8. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection: 
(A) the term ‘‘employee’’ means an em-
ployee described in clause (i) or (ii) of section 
4(2)(A); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 4(3)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
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