(2) Subject to the requirement of subsection 
(e), an absence resulting from obtaining professional 
medical diagnosis or care, or preventive medical 
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. 
(e) SCHEDULING.—An employee shall make a reason-
able effort to schedule leave under paragraphs (2) and (3) 
of subsection (d) in a manner that does not unduly disrupt 
the operations of the employer. 
(f) PROCEDURES.— 
(1) IN GENERAL.—Paid sick leave shall be pro-
vided upon the oral or written request of an em-
ployee. Such request shall— 
(A) include a reason for the absence in-
volved and the expected duration of the leave;
(B) in a case in which the need for leave 
is foreseeable at least 7 days in advance of such 
leave, be provided at least 7 days in advance of 
such leave; and 
(C) otherwise, be provided as soon as prac-
ticable after the employee is aware of the need 
for such leave. 
(2) CERTIFICATION.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graph (C), an employer may require that a 
request for leave be supported by a certifi-
cation issued by the health care profes-
sional of the eligible employee or of an in-
dividual described in subsection (d)(3), as 
appropriate, if the leave period covers more 
than 3 consecutive workdays. 
(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 
leave. The employer shall not delay the 
commencement of the leave on the basis 
that the employer has not yet received 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 leave 
will be needed; 
(II) the probable duration of the 
leave; 
(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 leave 
under subsection (d)(1), a statement 
that leave from work is medically nec-
essary; 
(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 
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 
(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 offers an employee the option, at the em-
ployee’s discretion, to take paid sick leave that is at 
least equivalent to the sick leave described in para-
graphs (1) and (2) of subsection (a) and subsection 
(d), or if the policy offers paid leave (in amounts 
equivalent to the amounts described in such para-
graphs) for purposes that include the reasons de-
scribed in subsection (d). 
(2) NO
ELIMINATION
OR
REDUCTION
OF 
LEAVE.—An employer may not eliminate or reduce 
leave in existence on the date of enactment of this 
Act, regardless of the type of such leave, 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; 
(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 
the exercise of, or the attempt to exercise, any right 
provided under this Act. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against (including retaliating against)
any individual for opposing any practice made un-
lawful by this Act, including— 
(A) discharging or discriminating against 
(including retaliating against) any individual for 
exercising, or attempting 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. 
(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 because such individual— 
(1) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act.
(c) CONSTRUCTION.—Nothing in this section shall be 
construed to state or imply that the scope of the activities 
prohibited by section 105 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2615) is less than the scope of 
the activities prohibited by this section. 
SEC. 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.— 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this Act, or any regula-
tion or order issued under this Act, the Sec-
retary shall have, subject to subparagraph (C), 
the investigative authority provided under sec-
tion 11(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(a)), with respect to em-
ployees and employers. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and
preserve records pertaining to compliance with 
this Act in accordance with section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations pre-
scribed 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 Act or any regula-
tion or order issued pursuant to this Act, or is 
investigating a charge pursuant to paragraph 
(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.— 
(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 their representative for and on be-
half of— 
(i) the employees; or 
(ii) the employees and other employ-
ees similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 7 (including a violation relating to 
rights provided under section 5) shall be liable 
to any employee affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
employee by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost to the 
employee, any actual monetary 
losses sustained by the employee
as a direct result of the violation 
up to a sum equal to 7 days of 
wages or salary for the employee; 
(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 
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 7 (in-
cluding a violation relating to rights provided 
under section 5) 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 affected. Any such sums 
not paid to an employee because of inability to 
do so within a period of 3 years shall be depos-
ited into the Treasury of the United States as 
miscellaneous 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 7 (including a willful violation relating to
rights provided under section 5), 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— 
(A) to restrain violations of section 7 (in-
cluding a violation relating to rights provided 
under section 5), including the restraint of any 
withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus 
interest, found by the court to be due to em-
ployees eligible under this Act; 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 
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 (42 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 an employee described in section 
4(2)(A)(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-
ment practice in violation of this Act against an employee 
described in section 4(2)(A)(iv). 
(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 
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 an employee described 
in section 4(2)(A)(v). 
SEC. 9. GAO STUDY. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study to determine the fol-
lowing: 
(1) The number of days employees used paid 
sick leave including— 
(A) the number of employees who used 
paid sick leave annually;
(B) both the number of consecutive days, 
and total days, employees used paid sick leave 
for their illnesses, or illnesses of— 
(i) a child; 
(ii) a spouse; 
(iii) a parent; or 
(iv) any other individual; and 
(C) the number of employees who used 
paid sick leave for leave periods covering more 
than 3 consecutive workdays. 
(2) Whether employees used paid sick leave to 
care for illnesses or conditions caused by domestic 
violence against the employees or their family mem-
bers. 
(3) The cost to employers of implementing paid 
sick leave policies. 
(4) The benefits to employers of implementing 
the policies, including improvements in retention and 
absentee rates and productivity. 
(5) The cost to employees of providing certifi-
cation issued by a health care provider to obtain 
paid sick leave. 
(6) The benefits of paid sick leave to employees 
and their family members.
(7) Whether the provision of paid sick leave has 
affected the ability of employees to care for their 
family members. 
(8) Whether and in what way the provision of 
paid sick leave affected the ability of employees to 
provide for their health needs. 
(9) Whether the provision of paid sick leave af-
fected the ability of employees to sustain an ade-
quate income while meeting health needs of the em-
ployees and their family members. 
(10) Whether employers who administered paid 
sick leave policies prior to the date of enactment of 
this Act were affected by the provisions of this Act. 
(11) Whether other types of leave were affected 
by this Act including whether this Act affected— 
(A) paid vacation leave; 
(B) paid family or medical leave; or 
(C) personal leave. 
(12) Whether paid sick leave affected retention 
and turnover. 
(13) Whether paid sick leave increased the use 
of less costly preventive medical care and lowered 
the use of emergency room care.
(14) Whether paid sick leave reduced the num-
ber of children sent to school when the children were 
sick. 
(15) Whether paid sick leave reduced the costs 
of presenteeism for employers. 
(b) AGGREGATING DATA.—The data collected under 
paragraphs (1), (2), and (7) of subsection (a) shall be ag-
gregated by gender, race, disability, earnings level, age, 
marital status, and family type, including parental status. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Comp-
troller General of the United States shall prepare 
and submit a report to the appropriate committees 
of Congress concerning the results of the study con-
ducted pursuant to subsection (a) and the data ag-
gregated under subsection (b). 
(2) FOLLOWUP
REPORT.—Not later that 5 
years after the date of enactment of this Act the 
Comptroller General of the United States shall pre-
pare and submit a followup report to the appropriate 
committees of Congress concerning the results of the 
study conducted pursuant to subsection (a) and the 
data aggregated under subsection (b).
SEC. 10. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this Act shall be construed to modify 
or affect any Federal or State law prohibiting discrimina-
tion on the basis of race, religion, color, national origin, 
sex, age, or disability. 
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
shall be construed to supersede any provision of any State 
or local law that provides greater paid sick leave or other 
leave rights than the rights established under this Act. 
SEC. 11. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of an employer to 
comply with any contract, collective bargaining agreement, 
or any employment benefit program or plan that provides 
greater paid sick leave rights to employees than the rights 
established under this Act. 
(b) LESS PROTECTIVE.—The rights established for 
employees under this Act shall not be diminished by any 
contract, collective bargaining agreement, or any employ-
ment benefit program or plan. 
SEC. 12. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this Act shall be construed to discourage 
employers from adopting or retaining leave policies more
generous than policies that comply with the requirements 
of this Act. 
SEC. 13. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2), not later than 120 days after the date of 
enactment of this Act, the Secretary shall prescribe 
such regulations as are necessary to carry out this 
Act with respect to employees described in clause (i) 
or (ii) of section 4(2)(A). 
(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. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Compliance shall pre-
scribe (in accordance with section 304 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1384)) such regulations as are necessary to carry
out this Act with respect to employees described in 
section 4(2)(A)(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 Act except insofar as the 
Board 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. 
(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 Act, the Presi-
dent (or the designee of the President) shall pre-
scribe such regulations as are necessary to carry out 
this Act with respect to employees described in sec-
tion 4(2)(A)(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 CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 120 days 
after the date of enactment of this Act, the Director 
of the Office of Personnel Management shall pre-
scribe such regulations as are necessary to carry out 
this Act with respect to employees described in sec-
tion 4(2)(A)(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 Act except insofar as the Di-
rector 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. 14. EFFECTIVE DATES. 
(a) IN GENERAL.—This Act shall take effect 1 year 
after the date of issuance of regulations under section 
13(a)(1). 
(b) COLLECTIVE BARGAINING AGREEMENTS.—In the 
case of a collective bargaining agreement in effect on the 
effective date prescribed by subsection (a), this Act 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 
13(a)(1). 
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