H.R.2460 - Healthy Families Act
To allow Americans to earn paid sick time so that they can address their own health needs and the health needs of their families.
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Ms. DELAURO (for herself, Mr. GEORGE MILLER of California, Mr. HARE, Mr. HINCHEY, Mr. SERRANO, Ms. SCHAKOWSKY, Mrs. CAPPS, Mr. NADLER of New York, Mr. MCGOVERN, Mr. FRANK of Massachusetts, Mrs. MALONEY, Mr. GUTIERREZ, Mrs. MCCARTHY of New York, Mr. WALZ, Mr. RUSH, Ms. BALDWIN, Mr. HOLT, Ms. LINDA T. SANCHEZ of California, Ms. NORTON, Mr. FILNER, Ms. JACKSON-LEE of Texas, Mr. STARK, Ms. SCHWARTZ, Mr. JOHNSON of Georgia, Mr. WAXMAN, Ms. CASTOR of Florida, Ms. ZOE LOFGREN of California, Ms. MOORE of Wisconsin, Mr. CONNOLLY of Virginia, Mrs. LOWEY, Mr. KILDEE, Mr. BISHOP of New York, Mr. OLVER, Mr. BLUMENAUER, Mr. RYAN of Ohio, Ms. WASSERMAN SCHULTZ, Mr. CLEAVER, Mr. ELLISON, Mr. KUCINICH, Ms. SUTTON, Mr. ORTIZ, Mr. ISRAEL, Mr. BRADY of Pennsylvania, Mr. MARKEY of Massachusetts, Ms. WOOLSEY, Mr. AL GREEN of Texas, Mr. GENE GREEN of Texas, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. LEWIS of Georgia, Mr. MCDERMOTT, Mr. RODRIGUEZ, Mr. LYNCH, Mr. MICHAUD, Ms. BERKLEY, Mr. VAN HOLLEN, Mr. JACKSON of Illinois, Mr. SARBANES, Mr. ROTHMAN of New Jersey, Mr. OBERSTAR, Ms. HIRONO, Mr. GRAYSON, Mr. GRIJALVA, Ms. PINGREE of Maine, Mr. CARSON of Indiana, Mr. CAPUANO, Mr. COHEN, Mr. CONYERS, Mr. COSTELLO, Ms. ESHOO, Mr. HONDA, Ms. KILPATRICK of Michigan, Mr. LARSON of Connecticut, Ms. LEE of California, Ms. MCCOLLUM, Mr. MORAN of Virginia, Mr. MURPHY of Connecticut, Mr. PASCRELL, Mr. PRICE of North Carolina, Mr. SHERMAN, Mr. KENNEDY, Ms. VELAZQUEZ, Mr. WEINER, Mr. DOYLE, Mr. FATTAH, Mr. SIRES, Mr. DAVIS of Illinois, Mr. CLAY, Ms. CORRINE BROWN of Florida, Mr. PALLONE, Mr. MEEKS of New York, Mr. BERMAN, Mr. COURTNEY, Mr. MEEK of Florida, Mrs. CHRISTENSEN, Mr. PAYNE, Ms. CLARKE, Ms. SHEA-PORTER, Mr. ABERCROMBIE, Ms. EDWARDS of Maryland, Mr. SABLAN, and Ms. FUDGE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform and House Administration, 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 concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(1) Working Americans need time to meet their own health care needs and to care for family members, including their children, spouse, parents, and parents-in-law, and other children and adults for whom they are caretakers.CommentsClose CommentsPermalink
(3) Providing employees time off to meet health care needs ensures that they will be healthier in the long run. Preventive care helps avoid illnesses and injuries and routine medical care helps detect illnesses early and shorten their duration.CommentsClose CommentsPermalink
(4) When parents are available to care for their children who become sick, children recover faster, more serious illnesses are prevented, and children’s overall mental and physical health improve. In a 2009 study published in the American Journal of Public Health, 81 percent of parents of a child with special health care needs reported that taking leave from work to be with their child had a ‘good’ or ‘very good’ effect on their child’s physical health. Similarly, 85 percent of parents of such a child found that taking such leave had a ‘good’ or ‘very good’ effect on their child’s emotional health.CommentsClose CommentsPermalink
(5) When parents cannot afford to miss work and must send children with contagious illnesses to child care centers or schools, infection can spread rapidly through child care centers and schools.CommentsClose CommentsPermalink
(6) Providing paid sick time improves public health by reducing infectious disease. Policies that make it easier for sick adults and children to be isolated at home reduce the spread of infectious disease.CommentsClose CommentsPermalink
(7) Routine medical care reduces medical costs by detecting and treating illness and injury early, decreasing the need for emergency care. These savings benefit public and private payers of health insurance, including private businesses.CommentsClose CommentsPermalink
(8) The provision of individual and family sick time by large and small businesses, both here in the United States and elsewhere, demonstrates that policy solutions are both feasible and affordable in a competitive economy. A 2009 study by the Center for Economic and Policy Research found that, of 22 countries with comparable economies, the United States was 1 of only 3 countries that did not provide any paid time off for workers with short-term illnesses.CommentsClose CommentsPermalink
(9) Measures that ensure that employees are in good health and do not need to worry about unmet family health problems help businesses by promoting productivity and reducing employee turnover.CommentsClose CommentsPermalink
(10) The American Productivity Audit found that presenteeism--the practice of employees coming to work despite illness--costs $180,000,000,000 annually in lost productivity. Studies in the Journal of Occupational and Environmental Medicine, the Employee Benefit News, and the Harvard Business Review show that presenteeism is a larger productivity drain than either absenteeism or short-term disability.CommentsClose CommentsPermalink
(11) The absence of paid sick time has forced Americans to make untenable choices between needed income and jobs on the one hand and caring for their own and their family’s health on the other.CommentsClose CommentsPermalink
(12) Nearly half of Americans lack paid sick time for self-care or to care for a family member. For families in the lowest quartile of earners, 79 percent lack paid sick time. For families in the next 2 quartiles, 46 and 38 percent, respectively, lack paid sick time. Even for families in the highest income quartile, 28 percent lack paid sick time. In addition, millions of workers cannot use paid sick time to care for ill family members.CommentsClose CommentsPermalink
(13) Due to the roles of men and women in society, the primary responsibility for family caretaking often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men.CommentsClose CommentsPermalink
(14) An increasing number of men are also taking on caretaking obligations, and men who request paid time for caretaking purposes are often denied accommodation or penalized because of stereotypes that caretaking is only ‘women’s work’.CommentsClose CommentsPermalink
(15) Employers’ reliance on persistent stereotypes about the ‘proper’ roles of both men and women in the workplace and in the home continues a cycle of discrimination and fosters stereotypical views about women’s commitment to work and their value as employees.CommentsClose CommentsPermalink
(16) Employment standards that apply to only one gender have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender.CommentsClose CommentsPermalink
(18) Nearly 1 in 3 American women report physical or sexual abuse by a husband or boyfriend at some point in their lives. Domestic violence also affects men. Women account for about 85 percent of the victims of domestic violence and men account for approximately 15 percent of the victims. Therefore, women disproportionately need time off to care for their health or to find solutions, such as obtaining a restraining order or finding housing, to avoid or prevent physical or sexual abuse.CommentsClose CommentsPermalink
(19) Up to 85 percent of domestic violence victims miss work because of abuse. The mean number of days of paid work lost by a rape victim is 8.1 days, by a victim of physical assault is 7.2 days, and by a victim of stalking is 10.1 days. Nationwide, domestic violence victims lose almost 8,000,000 days of paid work per year.CommentsClose CommentsPermalink
(20) Without paid sick days that can be used to address the effects of domestic violence, these victims are in grave danger of losing their jobs. Surveys have found that 96 to 98 percent of employed domestic violence victims experience problems at work related to the violence. The Government Accountability Office similarly found that 24 to 52 percent of victims report losing a job due, at least in part, to domestic violence. The loss of employment can be particularly devastating for victims of domestic violence, who often need economic security to ensure safety.CommentsClose CommentsPermalink
(21) The Centers for Disease Control and Prevention has estimated that domestic violence costs over $700,000,000 annually due to the victims’ lost productivity in employment.CommentsClose CommentsPermalink
(22) Efforts to assist abused employees result in positive outcomes for employers as well as employees because employers can retain workers who might otherwise be compelled to leave. In a 2002 survey, 68 percent of corporate leaders surveyed said that a company’s financial performance would benefit from addressing domestic violence among its employees.CommentsClose CommentsPermalink
SEC. 3. PURPOSES.
(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;CommentsClose CommentsPermalink
(3) to assist employees who are, or whose family 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 receive treatment and to take the necessary steps to ensure their protection;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) to accomplish the purposes described in paragraphs (1) through (3) in a manner that minimizes the potential for employment discrimination on the basis of sex by ensuring generally that paid sick time is available for eligible medical reasons on a gender-neutral basis; andCommentsClose CommentsPermalink
SEC. 4. DEFINITIONS.
(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 (
(A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (
(I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;CommentsClose CommentsPermalink
(ii) PUBLIC AGENCY- For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.CommentsClose CommentsPermalink
(I) COMMERCE- The terms ‘commerce’ and ‘industry or activity affecting commerce’ mean any activity, 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 affecting commerce’, as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (
(5) EMPLOYMENT BENEFITS- The term ‘employment benefits’ means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits 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 Retirement Income Security Act of 1974 (
(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 absence from employment for any of the reasons described in paragraphs (1) through (4) of section 5(b).CommentsClose CommentsPermalink
(8) PARENT- The term ‘parent’ means a biological, 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 employee when the employee was a child.CommentsClose CommentsPermalink
(13) VICTIM SERVICES ORGANIZATION- The term ‘victim services organization’ means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including 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.CommentsClose CommentsPermalink
SEC. 5. PROVISION 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 employee 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.CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in paragraph (3), for purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 (
(3) DATES OF ACCRUAL AND USE- Employees shall begin to earn paid sick time under this section at the commencement of their employment. An employee 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.CommentsClose CommentsPermalink
(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 outlined in subsection (b) shall not be required to permit an employee to earn additional paid sick time under this section.CommentsClose CommentsPermalink
(6) CONSTRUCTION- Nothing in this section shall be construed as requiring financial or other reimbursement 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.CommentsClose CommentsPermalink
(7) REINSTATEMENT- If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer.CommentsClose CommentsPermalink
(8) PROHIBITION- An employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement worker to cover the hours during which the employee is using paid sick time.CommentsClose CommentsPermalink
(3) An absence for the purpose of caring for a child, a parent, a spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who--CommentsClose CommentsPermalink
(A) seek medical attention for the employee 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;CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Scheduling- An employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer.CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(i) IN GENERAL- Subject to subparagraph (C), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (3) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays.CommentsClose CommentsPermalink
(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 period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification.CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(ii) LIMITATION- In issuing a certification 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 certification to the minimum necessary to establish a need for the employee to utilize paid sick time.CommentsClose CommentsPermalink
(C) REGULATIONS- Regulations prescribed under section 13 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph.CommentsClose CommentsPermalink
(i) PROTECTED HEALTH INFORMATION- Nothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act (
(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--CommentsClose CommentsPermalink
(A) IN GENERAL- An employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by 1 of the following forms of documentation:CommentsClose CommentsPermalink
(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 assault, or stalking.CommentsClose CommentsPermalink
(ii) A court order protecting or separating 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 stalking, or other evidence from the court or prosecuting attorney that the employee or a member of the employee’s family described in subsection (b)(4) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking.CommentsClose CommentsPermalink
(iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social 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.CommentsClose CommentsPermalink
(ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; andCommentsClose CommentsPermalink
(iii) with respect to confidentiality under subparagraph (D) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is--CommentsClose CommentsPermalink
SEC. 6. POSTING REQUIREMENT.
(a) In General- Each employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 13, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including--CommentsClose CommentsPermalink
(c) Violation; Penalty- Any employer who willfully 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.CommentsClose CommentsPermalink
SEC. 7. PROHIBITED ACTS.
(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, including--CommentsClose CommentsPermalink
(A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act;CommentsClose CommentsPermalink
(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 opposing any practice made unlawful by this Act.CommentsClose CommentsPermalink
(b) Interference With Proceedings or Inquiries- It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual--CommentsClose CommentsPermalink
(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 (
SEC. 8. ENFORCEMENT AUTHORITY.
(A) IN GENERAL- To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (
(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 (
(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 Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4).CommentsClose CommentsPermalink
(D) SUBPOENA AUTHORITY- For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (
(A) RIGHT OF ACTION- An action to recover 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--CommentsClose CommentsPermalink
(B) LIABILITY- Any employer who violates section 7 (including a violation relating to rights provided under section 5) shall be liable to any employee or individual affected--CommentsClose CommentsPermalink
(bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual 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;CommentsClose CommentsPermalink
(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 witness fees, and other costs of the action to be paid by the defendant.CommentsClose CommentsPermalink
(A) ADMINISTRATIVE ACTION- The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 7 (including 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 (
(C) SUMS RECOVERED- Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts.CommentsClose CommentsPermalink
(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 constituting the alleged violation for which the action is brought.CommentsClose CommentsPermalink
(B) WILLFUL VIOLATION- In the case of an action brought for a willful violation of section 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.CommentsClose CommentsPermalink
(C) COMMENCEMENT- In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed.CommentsClose CommentsPermalink
(A) to restrain violations of section 7 (including a violation relating to rights provided under section 5), 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 Act; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Employees Covered by Congressional Accountability Act of 1995- The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (
(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 employment practice in violation of this Act against an employee described in section 4(3)(D).CommentsClose CommentsPermalink
(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 person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 4(3)(E).CommentsClose CommentsPermalink
(1) WAIVER OF SOVEREIGN IMMUNITY- A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute 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 Act for equitable, legal, or other relief authorized under this Act.CommentsClose CommentsPermalink
(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 Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (
(3) APPLICABILITY- With respect to a particular 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 receives or uses Federal financial assistance for that program or activity.CommentsClose CommentsPermalink
(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 (
SEC. 9. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information- Effective 90 days after the date of enactment of this Act, the Commissioner of Labor Statistics shall annually compile information on the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) AGGREGATING DATA- The data collected under subparagraphs (A) and (D) of paragraph (1) shall be aggregated by gender, race, disability, earnings level, age, marital status, family type, including parental status, and industry.CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 18 months after the date of enactment of this Act, 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).CommentsClose CommentsPermalink
(B) FOLLOWUP REPORT- Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a followup 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).CommentsClose CommentsPermalink
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 discrimination on the basis of race, religion, color, national origin, sex, age, or disability.CommentsClose CommentsPermalink
(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 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 Act.CommentsClose CommentsPermalink
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 or other leave rights to employees or individuals than the rights established under this Act.CommentsClose CommentsPermalink
(b) Less Protective- The rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 13. REGULATIONS.
(1) AUTHORITY- Except as provided in paragraph (2), not later than 180 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 subparagraph (A) or (B) of section 4(3) and other individuals affected by employers described in subclause (I) or (II) of section 4(4)(A)(i).CommentsClose CommentsPermalink
(2) GOVERNMENT ACCOUNTABILITY OFFICE; LIBRARY OF CONGRESS- The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively.CommentsClose CommentsPermalink
(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 prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 (
(2) AGENCY REGULATIONS- The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary 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 implementation of the rights and protections involved under this section.CommentsClose CommentsPermalink
(1) AUTHORITY- Not later than 120 days after the date of enactment of this Act, the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(3)(D) and other individuals affected by employers described in section 4(4)(A)(i)(IV).CommentsClose CommentsPermalink
(2) AGENCY REGULATIONS- The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) 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 implementation of the rights and protections involved under this section.CommentsClose CommentsPermalink
(1) AUTHORITY- Not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(3)(E) and other individuals affected by employers described in section 4(4)(A)(i)(V).CommentsClose CommentsPermalink
(2) AGENCY REGULATIONS- The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act 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 implementation of the rights and protections involved under this section.CommentsClose CommentsPermalink
SEC. 14. EFFECTIVE DATES.
(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--CommentsClose CommentsPermalink