Findings and purposes
Findings
Congress finds that—
the number of single-parent households and two-parent households in which the single parent or both parents work is increasing significantly;
it is important for the development of children and the family unit that fathers and mothers be able to participate in early childrearing and the care of family members who have serious health conditions;
the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting;
there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods;
due to the nature of the roles of men and women in our 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; and
employment standards that apply to one gender only have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender.
Purposes
It is the purpose of this Act—
to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity;
to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition;
to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the legitimate interests of employers;
to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the Equal Protection Clause of the Fourteenth Amendment, minimizes the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons, on a gender-neutral basis; and
to promote the goal of equal employment opportunity for women and men, pursuant to such clause.
Notes
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Effective Date
Title III.—
Title III [enacting subchapter II of this chapter] shall take effect on the date of the enactment of this Act [
Other Titles.—
In general.—
Except as provided in paragraph (2), titles I, II, and V and this title [enacting subchapters I and III of this chapter, sections 60m and 60n of Title 2, The Congress, and sections 6381 to 6387 of Title 5, Government Organization and Employees, and amending section 2105 of Title 5] shall take effect 6 months after the date of the enactment of this Act.
Collective bargaining agreements.—
In the case of a collective bargaining agreement in effect on the effective date prescribed by paragraph (1), title I [enacting subchapter I of this chapter] shall apply on the earlier of—
the date of the termination of such agreement; or
the date that occurs 12 months after the date of the enactment of this Act.”
Short Title of 2020 Amendment
Short Title of 2009 Amendment
Short Title
Emergency Paid Sick Leave Related to COVID–19
SHORT TITLE.
PAID SICK TIME REQUIREMENT.
In General.—
An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because:
The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
The employee is caring for an individual who is subject to an order as described in subparagraph [sic] (1) or has been advised as described in paragraph (2).
The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.
The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Duration of Paid Sick Time.—
In general.—
An employee shall be entitled to paid sick time for an amount of hours determined under paragraph (2).
Amount of hours.—
The amount of hours of paid sick time to which an employee is entitled shall be as follows:
For full-time employees, 80 hours.
For part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a 2-week period.
Carryover.—
Paid sick time under this section shall not carry over from 1 year to the next.
Employer’s Termination of Paid Sick Time.—
Paid sick time provided to an employee under this Act shall cease beginning with the employee’s next scheduled workshift immediately following the termination of the need for paid sick time under subsection (a).
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 employee to cover the hours during which the employee is using paid sick time.
Use of Paid Sick Time.—
In general.—
The paid sick time under subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer.
Sequencing.—
In general.—
An employee may first use the paid sick time under subsection (a) for the purposes described in such subsection.
Prohibition.—
An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a).
Limitations.—
An employer shall not be required to pay more than either—
$511 per day and $5,110 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (1), (2), or (3) of section 5102(a); or
$200 per day and $2,000 in the aggregate for each employee, when the employee is taking leave for a reason described in paragraph (4), (5), or (6) of section 5102(a).
NOTICE.
In General.—
Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Secretary of Labor, of the requirements described in this Act.
Model Notice.—
Not later than 7 days after the date of enactment of this Act [
PROHIBITED ACTS.
“It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who—
takes leave in accordance with this Act; or
has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act (including a proceeding that seeks enforcement of this Act), or has testified or is about to testify in any such proceeding.
ENFORCEMENT.
Unpaid Sick Leave.—
An employer who violates section 5102 shall—
be considered to have failed to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); and
be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.
Unlawful Termination.—
An employer who willfully violates section 5104 shall—
be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.
Investigations and Collection of Data.—
The Secretary of Labor or his designee may investigate and gather data to ensure compliance with this Act in the same manner as authorized by sections 9 and 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).
EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS.
Employers.—
An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under this Act by making contributions to a multiemployer fund, plan, or program based on the hours of paid sick time each of its employees is entitled to under this Act while working under the multiemployer collective bargaining agreement, provided that the fund, plan, or program enables employees to secure pay from such fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement and for the uses specified under section 5102(a).
Employees.—
Employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subsection (a) may secure pay from such fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement for the uses specified in section 5102(a).
RULES OF CONSTRUCTION.
“Nothing in this Act shall be construed—
to in any way diminish the rights or benefits that an employee is entitled to under any—
other Federal, State, or local law;
collective bargaining agreement; or
existing employer policy; or
to require financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for paid sick time under this Act that has not been used by such employee.
EFFECTIVE DATE.
SUNSET.
DEFINITIONS.
“For purposes of the Act:
Employee.—
The term ‘employee’ means an individual who is—
an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E) or (F), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (2)(A); or
an employee of the Government Accountability Office;
a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));
a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;
a covered employee, as defined in section 411(c) of title 3, United States Code;
a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or
any other individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code).
Employer.—
In general.—
The term ‘employer’ means a person who is—
a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);
an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;
an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;
an employing office, as defined in section 411(c) of title 3, United States Code; or
an Executive Agency as defined in section 105 of title 5, United States Code, and including the U.S. Postal Service and the Postal Regulatory Commission; and
engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).
Covered employer.—
In general.—
In subparagraph (A)(i)(I), the term ‘covered employer’—
means any person engaged in commerce or in any industry or activity affecting commerce that—