I 
116TH CONGRESS 
2D SESSION 
H. R. 7538 
To amend the Families First Coronavirus Response Act to provide paid 
sick leave for health care providers and emergency responders, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2020 
Mr. KELLY of Pennsylvania introduced the following bill; which was referred 
to the Committee on Education and Labor, and in addition to the Com-
mittees on House Administration, Oversight and Reform, and the Judici-
ary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend the Families First Coronavirus Response Act to 
provide paid sick leave for health care providers and 
emergency responders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Workforce 
Parity Act’’. 
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SEC. 2. AMENDMENTS. 
(a) IN GENERAL.—Section 5102 of the Families 
First Coronavirus Response Act (29 U.S.C. 2601 note) 
is amended— 
(1) in subsection (a), in the matter following 
paragraph (6)— 
(A) by inserting ‘‘of paragraphs (1), (3), 
(4), (5), and (6)’’ after ‘‘employee from the ap-
plication’’; and 
(B) by adding ‘‘Paragraph (2) shall apply 
with respect to an employee who is a health 
care provider by substituting ‘because such pro-
vider determines that the employee has tested 
positive for COVID–19 or attests that the em-
ployee is at greater risk for COVID–19 because 
the employee is living with someone who has 
tested positive for COVID–19.’ for ‘due to con-
cerns related to COVID-19’.’’; and 
(2) by adding at the end the following: 
‘‘(g) CERTIFICATION
FOR
HEALTH
CARE
PRO-
VIDERS.— 
‘‘(1) IN
GENERAL.—If an employer requires 
that a request for leave by a health care provider 
under subsection (a)(2) be certified, the employer 
may require documentation for certification not ear-
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lier than 5 weeks after the date on which the em-
ployee takes such leave. 
‘‘(2) 
SUFFICIENT
DOCUMENTATION.—Docu-
mentation of a positive COVID–19 test or an attes-
tation from a health care provider of an employee 
that the employee meets the requirements under 
subsection (a)(2) shall be sufficient for certifi-
cation.’’. 
(b) REGULATORY AUTHORITY.—Section 5111 of the 
Families First Coronavirus Response Act (29 U.S.C. 2601 
note) is amended by striking paragraph (1) and redesig-
nating paragraphs (2) and (3) as paragraphs (1) and (2), 
respectively. 
SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PRO-
FESSIONALS AND RELATED HEALTH CARE 
ENTITIES 
RELATED 
TO 
COVID–19 
EMER-
GENCY RESPONSE. 
(a) LIMITATION ON LIABILITY.—Except as provided 
in subsection (c), a health care professional, the profes-
sional’s related health care entity, and any other staff of 
the related health care entity, shall not be liable for dam-
ages under any law of the United States or of any State 
(or political subdivision thereof) for any harm caused by 
any act or omission of such health care professional, re-
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lated health care entity, or other staff, in the course of 
arranging for or providing health care services if— 
(1) the act or omission occurs during the 
COVID–19 emergency period and the 60-day period 
following such emergency period; 
(2) the act or omission occurs in the course of 
providing health care services that— 
(A) are within the scope of the license, reg-
istration, or certification of the health care pro-
fessional, as defined by the health care profes-
sional’s State of licensure, registration, or cer-
tification; and 
(B) do not exceed the scope of license, reg-
istration, or certification of a substantially simi-
lar health professional in the State in which 
such act or omission occurs; and 
(3) the health care services in question were 
provided in good faith or were withheld for reasons 
related to the COVID–19 emergency period. 
(b) ADDITIONAL COVERED ACTS.—Except as pro-
vided under subsection (c), the limitation on liability under 
subsection (a) shall apply to any act or omission that may 
be outside the health care professional’s normal area of 
practice and are within the licensure and accreditation of 
the related health care entity that is— 
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(1) based on any direction, guidance, rec-
ommendation, or other statement made by a Fed-
eral, State, or local official to address or in response 
to the COVID–19 emergency period; 
(2) based on any guidance published by any 
Federal, State, or local department or any division 
or agency of such department in response to the 
COVID–19 emergency period; or 
(3) undertaken or omitted due to a lack of re-
sources, including manpower, attributable to the 
COVID–19 emergency period. 
(c) EXCEPTIONS.—Subsections (a) and (b) do not 
apply if— 
(1) the harm was caused by an act or omission 
constituting willful or criminal misconduct, gross 
negligence, reckless misconduct, or a conscious fla-
grant indifference to the rights or safety of the indi-
vidual harmed by the health care professional or re-
lated health care entity; or 
(2) the health care professional rendered the 
health care services under the influence (as deter-
mined pursuant to applicable State law) of alcohol 
or an intoxicating drug (other than where the health 
care professional is properly taking a prescription 
drug ordered by a physician). 
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(d) PREEMPTION.— 
(1) IN GENERAL.—This section preempts the 
laws of a State or any political subdivision of a State 
to the extent that such laws are inconsistent with 
this section, unless such laws provide greater protec-
tion from liability. 
(2) VOLUNTEER
PROTECTION
ACT.—Protec-
tions afforded by this section are in addition to those 
provided by the Volunteer Protection Act of 1997 
(Public Law 105–19). 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘harm’’ includes physical, non-
physical, economic, and noneconomic injury or 
losses; 
(2) the term ‘‘health care professional’’ means 
an individual who is licensed, registered, or certified 
under Federal or State law to provide health care 
services; 
(3) the term ‘‘related health care entity’’ means 
an entity with which a health care professional has 
a professional affiliation under which the health care 
professional performs health care services, including 
any such skilled nursing facility, hospital, academic 
medical center, ambulatory surgical center, group 
medical practice, or medical clinic; 
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(4) the term ‘‘professional affiliation’’ means 
staff privileges, medical staff membership, employ-
ment or contractual relationship, partnership or 
ownership interest, academic appointment, or other 
affiliation under which a health care professional 
provides health care services on behalf of, or in asso-
ciation with, the related health care entity; 
(5) the term ‘‘health care services’’ means any 
services rendered or items provided by a health care 
professional or the professional’s related health care 
entity, or by any individual working under the super-
vision of a health care professional, that relate to— 
(A) the treatment, diagnosis, prevention, 
or mitigation of COVID–19; 
(B) treatment, diagnosis, or care with re-
spect to an individual with a confirmed or sus-
pected case of COVID–19; or 
(C) treatment, diagnosis, or care with re-
spect to an individual who presents to a health 
care professional or the professional’s related 
health care entity during the COVID–19 emer-
gency period; and 
(6) the term ‘‘COVID–19 emergency period’’ 
has the meaning given the term ‘‘emergency period’’ 
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in section 1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b–5(g)(1)(B)). 
(f) EFFECTIVE DATE.—This section shall apply with 
respect to any act or omission described in this section 
that occurred on or after the date on which the COVID– 
19 emergency period began. 
Æ 
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