I 
111TH CONGRESS 
1ST SESSION H. R. 4092 
To allow Americans to receive paid sick time so that they can address 
their own health needs, and the health needs of their families, related 
to a contagious illness. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2009 
Ms. DELAURO introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committees on 
House Administration and Oversight and Government Reform, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To allow Americans to receive paid sick time so that they 
can address their own health needs, and the health needs 
of their families, related to a contagious illness. 
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 ‘‘Pandemic Protection 
for Workers, Families, and Businesses Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) According to the Bureau of Labor Statis-
tics, between 50,000,000 and 60,000,000 United 
States workers have no paid sick leave to use when 
they or their family members are sick. Only 1 in 4 
low-wage workers has paid sick days and often low- 
wage workers are the workers most likely to have 
jobs that require frequent contact with the public. 
(2) The lack of paid sick days presents a threat 
to the United States economy and to public health, 
particularly in the face of a pandemic illness such as 
the 2009 H1N1 influenza. The Centers for Disease 
Control and Prevention reports that an individual 
who comes to work with the 2009 H1N1 influenza 
will transmit the illness to approximately 8 to 12 
percent of the individual’s coworkers. This workplace 
transmission presents a serious threat to business 
operations, as many businesses do not have contin-
gency plans in place to address the possibility of 
mass absences due to the spread of a pandemic ill-
ness or other contagious illness. 
(3) Hundreds of schools have already been 
closed this year because of the spread of influenza, 
and according to the Centers for Disease Control 
and Prevention, early childhood settings like child 
care facilities are at high risk for transmission of ill-
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ness due to their highly vulnerable populations. 
These schools and settings are also workplaces for 
many professionals who are at risk of infecting each 
other as well as children. 
(4) The Centers for Disease Control and Pre-
vention strongly recommends that people with the 
2009 H1N1 influenza or influenza-like symptoms 
stay home for at least 24 hours after their fevers 
end. Experts estimate that if workers followed the 
recommendation of the Centers for Disease Control 
and Prevention, the workers could reduce the num-
ber of people infected by a pandemic of influenza by 
15 to 34 percent. 
(5) Providing a minimum standard for paid 
sick days will enable United States workers to follow 
this important recommendation without putting 
their jobs or their paychecks at risk. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to minimize the spread of contagious ill-
nesses in the workplace and prevent disruptions to 
interstate commerce; 
(2) to ensure that all working Americans can 
address their own health needs and the health needs 
of their children, related to a contagious illness, by 
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requiring employers to provide up to 7 days of paid 
sick time to their employees; 
(3) to diminish public and private health care 
costs by enabling employees to seek early and rou-
tine medical care for themselves and their children, 
related to a contagious illness; 
(4) to provide paid sick time to employees due 
to closure of a place of business due to a contagious 
illness or a need to care for a child whose school or 
child care or early childhood program has been 
closed due to a contagious illness; and 
(5) to accomplish the purposes described in 
paragraphs (1) through (4) in a manner that is fea-
sible for employers. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) CHILD.—The term ‘‘child’’ means a child, 
as defined by the Secretary in consultation with the 
Secretary of Health and Human Services. 
(2) CONTAGIOUS
ILLNESS.—The term ‘‘con-
tagious illness’’, as defined by the Secretary of 
Labor in consultation with the Secretary of Health 
and Human Services, includes influenza-like illnesses 
such as an illness from the 2009 H1N1 virus. 
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(3) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ means an individual who— 
(A) has been employed for not less than 30 
days by the covered employer from whom paid 
sick time is requested; and 
(B) is— 
(i) an employee, as defined in section 
701(f) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(f)), but including an indi-
vidual employed by an Indian tribe; 
(ii) a State employee described in sec-
tion 304(a) of the Government Employee 
Rights Act of 1991 (42 U.S.C. 2000e– 
16c(a)); 
(iii) a covered employee, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301), other 
than an applicant for employment; 
(iv) a covered employee, as defined in 
section 411(c) of title 3, United States 
Code; or 
(v) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(4) COVERED EMPLOYER.— 
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(A) IN GENERAL.—The term ‘‘covered em-
ployer’’ means a person who— 
(i) is— 
(I) an employer (as defined in 
section 701(b) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e(b))), but 
including an Indian tribe; 
(II) an entity employing a State 
employee described in section 304(a) 
of the Government Employee Rights 
Act of 1991; 
(III) an employing office, as de-
fined in section 101 of the Congres-
sional Accountability Act of 1995; 
(IV) an employing office, as de-
fined in section 411(c) of title 3, 
United States Code; or 
(V) an entity to which section 
717(a) of the Civil Rights Act of 1964 
applies; 
(ii) who employs 15 or more employ-
ees for each working day during each of 20 
or more calendar workweeks in the current 
or preceding calendar year; and 
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(iii) is engaged in commerce (includ-
ing government) or in any industry or ac-
tivity affecting commerce (including gov-
ernment). 
(5) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to covered employees by a covered 
employer, including group life insurance, health in-
surance, disability insurance, sick leave, annual 
leave, educational benefits, and pensions, regardless 
of whether such benefits are provided by a practice 
or written policy of a covered employer or through 
an ‘‘employee benefit plan’’, as defined in section 
3(3) of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1002(3)). 
(6) PAID
SICK
TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave that 
can be received by a covered employee for use during 
an absence from employment for any of the reasons 
described in paragraphs (1) through (3) of section 
5(b). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(8) SYMPTOMS OF A CONTAGIOUS ILLNESS.— 
The term ‘‘symptoms of a contagious illness’’ means 
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1 or more symptoms, as determined to be appro-
priate by the Secretary in consultation with the Sec-
retary of Health and Human Services, of a con-
tagious illness, including influenza-like illnesses such 
as an illness from the 2009 H1N1 virus. 
SEC. 5. PROVISION OF PAID SICK TIME. 
(a) PAID SICK TIME.— 
(1) IN GENERAL.— 
(A) FULL-TIME
EMPLOYEES.—A covered 
employer shall annually provide, to each covered 
employee employed by the employer on a full- 
time basis (as defined by the Secretary), not 
less than 7 days of paid sick time, with employ-
ment benefits. 
(B) PART-TIME
EMPLOYEES.—The em-
ployer shall annually provide, to each covered 
employee employed by the employer on less 
than a full-time basis (as defined by the Sec-
retary), a number of days or hours of paid sick 
time, with employment benefits. The number of 
days or hours shall be determined under a for-
mula specified by the Secretary and designed to 
provide an approximate pro rata share of the 7- 
day period described in subparagraph (A), 
based on the hours worked by the employee. 
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(C) USES.—The paid sick time provided 
under this section shall be used as described in 
subsection (b). 
(2) COVERED
EMPLOYERS
WITH
EXISTING 
POLICIES.—Any covered employer with a paid leave 
policy who annually provides, to each covered em-
ployee, 7 days of paid leave that may be used for the 
same purposes and under the same conditions as the 
purposes and conditions outlined in subsection (b), 
shall not be required to provide additional paid sick 
time to the employee under this section. 
(3) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to a covered employee from a covered 
employer upon the employee’s termination, resigna-
tion, retirement, or other separation from employ-
ment for paid sick time that has not been used. 
(4) PROHIBITION.—A covered employer may 
not require, as a condition of providing paid sick 
time under this Act, that the covered employee in-
volved search for or find a replacement worker to 
cover the hours during which the employee is using 
paid sick time. 
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(b) USES.—Paid sick time provided under this sec-
tion may be used by a covered employee for any of the 
following: 
(1)(A) An absence resulting from the medical 
condition of a covered employee experiencing the 
symptoms of a contagious illness, including the need 
to obtain medical diagnosis or care, or an absence to 
obtain preventive care for the employee for a con-
tagious illness. 
(B) An absence due to a determination by a 
health authority having jurisdiction or by a health 
care provider that the covered employee’s presence 
on the job would jeopardize the health of others be-
cause of the employee’s exposure to a contagious ill-
ness. 
(2)(A) An absence for the purpose of caring for 
a child of the covered employee who is experiencing 
symptoms of a contagious illness, including the need 
to obtain medical diagnosis or care, or an absence to 
obtain preventive care for the child for a contagious 
illness. 
(B) An absence for the purpose of caring for a 
child of the covered employee due to a determination 
by a health authority having jurisdiction or by a 
health care provider that the child’s presence in the 
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community would jeopardize the health of others be-
cause of the child’s exposure to a contagious illness. 
(3) Closure of the covered employee’s place of 
business due to a contagious illness or a covered em-
ployee’s need to care for a child whose school or 
child care or early childhood program has been 
closed due to a contagious illness. 
(c) MEDICAL CERTIFICATION REQUIREMENTS.— 
(1) REQUEST.—Paid sick time shall be provided 
upon the oral or written request of a covered em-
ployee. 
(2) CERTIFICATION.—The Secretary, and other 
authorities who may issue regulations under section 
12, may issue regulations under that section regard-
ing medical certification requirements for a period of 
paid sick time under this Act. The Secretary shall 
issue any such regulations after consultation with 
the Secretary of Health and Human Services. A cov-
ered employer may not require a covered employee 
to provide medical certification inconsistent with the 
regulations, to receive paid sick time under this sec-
tion. 
SEC. 6. POSTING REQUIREMENT. 
(a) IN GENERAL.—Each covered employer— 
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(1) shall post and keep posted a notice, to be 
prepared or approved in accordance with procedures 
specified in regulations prescribed under section 12, 
setting forth excerpts from, or summaries of, the 
pertinent provisions of this Act; and 
(2) shall take other reasonable measures speci-
fied in the regulations to inform covered employees 
of their rights under those provisions. 
(b) VIOLATION; PENALTY.—Any covered employer 
who willfully violates the 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 covered employer to interfere with, restrain, 
or deny the exercise of, or the attempt to exercise, 
any right provided under this Act, including— 
(A) discharging or discriminating against 
(including retaliating against) any individual, 
including a job applicant, for exercising, or at-
tempting to exercise, any right provided under 
this Act; 
(B) using the taking of paid sick time 
under this Act as a negative factor in an em-
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ployment 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 covered employer to discharge or in any other 
manner discriminate against (including retaliating 
against) any individual, including a job applicant, 
for opposing any practice made unlawful by this Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against (including retali-
ating against) any individual, including a job applicant, 
because such individual— 
(1) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act. 
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SEC. 8. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection: 
(A) the term ‘‘covered employee’’ means a 
covered employee described in clause (i) or (ii) 
of section 4(3)(B); and 
(B) the term ‘‘covered employer’’ means a 
covered employer described in subclause (I) or 
(II) of section 4(4)(A)(i). 
(2) CIVIL ACTION BY COVERED EMPLOYEES OR 
INDIVIDUALS.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against any covered employer in any Federal or 
State court of competent jurisdiction by one or 
more covered employees or individuals or their 
representative for and on behalf of— 
(i) the covered employees or individ-
uals; or 
(ii) the covered employees or individ-
uals and others similarly situated. 
(B) LIABILITY.—Any covered employer 
who violates section 7 (including a violation re-
lating to rights provided under section 5) shall 
be liable to any covered employee or individual 
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affected for damages and equitable relief, cor-
responding to that employee or individual, de-
scribed in subparagraphs (A) and (B) of para-
graph (1) of section 107(a) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 
2617(a)). In applying those subparagraphs, a 
reference to a time period shall be considered to 
be reference to 7 days. Paragraph (3) of that 
section shall apply to the action. 
(3) ACTION
BY
THE
SECRETARY.—Section 
107(b) of that Act (29 U.S.C. 2617(b)) shall apply 
to complaints of violations described in paragraph 
(2)(B), with respect to employees, individuals, and 
damages described in that paragraph. 
(4) LIMITATION.— 
(A) IN
GENERAL.—An action may be 
brought under paragraph (2), (3), or (5) not 
later than 1 year after the date of the last event 
constituting the alleged violation for which the 
action is brought. 
(B) 
COMMENCEMENT.—In 
determining 
when an action is commenced under paragraph 
(2), (3), or (5) for the purposes of this para-
graph, it shall be considered to be commenced 
on the date when the complaint is filed. 
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(5) ACTION FOR INJUNCTION BY SECRETARY.— 
Section 107(d) of that Act (29 U.S.C. 2617(d)) shall 
apply to violations described in paragraph (2)(B), 
with respect to employees and individuals described 
in that paragraph. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
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 Act provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this Act against a covered employee described in 
section 4(3)(B)(iii). 
(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 Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
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ment practice in violation of this Act against a covered 
employee described in section 4(3)(B)(iv). 
(d) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.—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 under 
that title to any person, alleging a violation of chapter 63 
of that title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this Act against a covered employee 
described in section 4(3)(B)(v). 
(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 a covered employee of that pro-
gram or activity under this Act for equitable, legal, 
or other relief authorized under this Act. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any covered employee who has complied with the 
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procedures under subsection (a)(2), for injunctive re-
lief that is authorized under this Act. In such a suit 
the court may award to the prevailing party those 
costs authorized by section 722 of the Revised Stat-
utes (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 
of enactment of this Act, on which a State first re-
ceives 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. 9. EFFECT ON OTHER LAWS. 
(a) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 
Nothing in this Act shall be construed to modify or affect 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.). 
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
shall be construed to supersede (including preempting) 
any provision of any State or local law that provides great-
er paid sick time or leave rights (including greater paid 
sick time or leave, or greater coverage of those eligible for 
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paid sick time or leave) than the rights established under 
this Act. 
SEC. 10. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of a covered em-
ployer to comply with any contract, collective bargaining 
agreement, or any employment benefit program or plan 
that provides greater paid sick leave or other leave rights 
to covered employees or individuals than the rights estab-
lished under this Act. 
(b) LESS PROTECTIVE.—The rights established for 
covered employees under this Act shall not be diminished 
by any contract, collective bargaining agreement, or any 
employment benefit program or plan. 
SEC. 11. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this Act shall be construed to discourage 
covered employers from adopting or retaining leave poli-
cies more generous than policies that comply with the re-
quirements of this Act. 
SEC. 12. REGULATIONS. 
(a) IN GENERAL.—Not later than 15 days after the 
date of enactment of this Act, the Secretary shall prescribe 
such interim final regulations as are necessary to carry 
out this Act with respect to covered employees described 
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in clause (i) or (ii) of section 4(3)(B) and other individuals 
affected by covered employers described in subclause (I) 
or (II) of section 4(4)(A)(i). 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Not later than 30 days after 
the date of enactment of this Act, each congressional 
regulating authority shall prescribe such interim 
final regulations as are necessary to carry out this 
Act with respect to covered employees described in 
section 4(3)(B)(iii) and under the regulating 
authority’s jurisdiction and other individuals affected 
by 
covered 
employers 
described 
in 
section 
4(4)(A)(i)(III) and under the regulating authority’s 
jurisdiction. 
(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 Act except insofar as the 
congressional regulating authority 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 ef-
fective for the implementation of the rights and pro-
tections involved under this section. 
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(3) CONGRESSIONAL
REGULATING
AUTHOR-
ITY.—The term ‘‘congressional regulating authority’’ 
means— 
(A) the Committee on Rules of the House 
of Representatives, with respect to a covered 
employee described in paragraph (7) of section 
101 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1301) and the covered employer 
of that employee; 
(B) the Committee on Rules of the Senate, 
with respect to a covered employee described in 
paragraph (8) of that section and the covered 
employer of that employee; and 
(C) the head of a covered employer de-
scribed in paragraph (9)(D) of that section, 
with respect to a corresponding covered em-
ployee described in any of subparagraphs (C) 
through (I) of paragraph (3) of that section 
and the covered employer. 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 30 days after 
the date of enactment of this Act, the President (or 
the designee of the President) shall prescribe such 
interim final regulations as are necessary to carry 
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out this Act with respect to covered employees de-
scribed in section 4(3)(B)(iv) and other individuals 
affected by covered employers described in section 
4(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 Act 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. 
(d) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), not later than 30 days after the date of 
enactment of this Act, the Director of the Office of 
Personnel Management shall prescribe such interim 
final regulations as are necessary to carry out this 
Act with respect to covered employees described in 
section 4(3)(B)(v) and other individuals affected by 
covered employers described in section 4(4)(A)(i)(V). 
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(2) GOVERNMENT ACCOUNTABILITY OFFICE; LI-
BRARY OF CONGRESS; GOVERNMENT PRINTING OF-
FICE.—The Comptroller General of the United 
States, the Librarian of Congress, and the Public 
Printer shall prescribe the interim final regulations 
with respect to covered employees of the Government 
Accountability Office, the Library of Congress, and 
the Government Printing Office, respectively, and 
other individuals affected by the Comptroller Gen-
eral of the United States, the Librarian of Congress, 
and the Public Printer, respectively. 
(3) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) or (2) shall be the 
same as substantive regulations promulgated by the 
Secretary to carry out this Act except insofar as the 
Director, Comptroller General of the United States, 
the Librarian of Congress, or the Public Printer 
may determine, for good cause shown and stated to-
gether with the regulations prescribed under para-
graph (1) or (2), that a modification of such regula-
tions would be more effective for the implementation 
of the rights and protections involved under this sec-
tion. 
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