§2601. Findings and purposes
(a) Findings
Congress finds that-
(1) the number of single-parent households and two-parent households in which the single parent or both parents work is increasing significantly;
(2) 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;
(3) the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting;
(4) there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods;
(5) 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
(6) 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.
(b) Purposes
It is the purpose of this Act-
(1) 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;
(2) 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;
(3) to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the legitimate interests of employers;
(4) 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
(5) to promote the goal of equal employment opportunity for women and men, pursuant to such clause.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (b), is
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
"(1)
"(2)
"(A) the date of the termination of such agreement; or
"(B) 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
"SEC. 5101. SHORT TITLE.
"This Act [div. E of
"SEC. 5102. PAID SICK TIME REQUIREMENT.
"(a)
"(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
"(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
"(3) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
"(4) 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).
"(5) 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.
"(6) 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.
Except that an employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of this subsection.
"(b)
"(1)
"(2)
"(A) For full-time employees, 80 hours.
"(B) 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.
"(3)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A)
"(B)
"(f)
"(1) $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
"(2) $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).
"SEC. 5103. NOTICE.
"(a)
"(b)
"SEC. 5104. PROHIBITED ACTS.
"It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who-
"(1) takes leave in accordance with this Act; or
"(2) 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.
"SEC. 5105. ENFORCEMENT.
"(a)
"(1) 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
"(2) 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.
"(b)
"(1) 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
"(2) 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.
"(c)
"SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS.
"(a)
"(b)
"SEC. 5107. RULES OF CONSTRUCTION.
"Nothing in this Act shall be construed-
"(1) to in any way diminish the rights or benefits that an employee is entitled to under any-
"(A) other Federal, State, or local law;
"(B) collective bargaining agreement; or
"(C) existing employer policy; or
"(2) 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.
"SEC. 5108. EFFECTIVE DATE.
"This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act [Mar. 18, 2020].
"SEC. 5109. SUNSET.
"This Act, and the requirements under this Act, shall expire on December 31, 2020.
"SEC. 5110. DEFINITIONS.
"For purposes of the Act:
"(1)
"(A)(i) 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
"(ii) an employee of the Government Accountability Office;
"(B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));
"(C) 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;
"(D) a covered employee, as defined in section 411(c) of title 3, United States Code;
"(E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or
"(F) 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).
"(2)
"(A)
"(i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);
"(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 defined in section 101 of the Congressional Accountability Act of 1995;
"(IV) an employing office, as defined in section 411(c) of title 3, United States Code; or
"(V) 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
"(ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).
"(B)
"(i)
"(I) means any person engaged in commerce or in any industry or activity affecting commerce that-
(aa) in the case of a private entity or individual, employs fewer than 500 employees; and
(bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees;
"(II) includes-
(aa) includes [sic] any person acting directly or indirectly in the interest of an employer in relation to an employee (within the meaning of such phrase in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)); and
(bb) any successor in interest of an employer;
"(III) includes any 'public agency', as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and
"(IV) includes the Government Accountability Office and the Library of Congress.
"(ii)
"(iii)
"(I)
"(II)
"(III)
"(3)
"(4)
"(5)
"(A)
"(i) is provided by an employer for use during an absence from employment for a reason described in any paragraph of section 2(a) [probably means section 5102(a)]; and
"(ii) is calculated based on the employee's required compensation under subparagraph (B) and the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)), except that in no event shall such paid sick time exceed-
"(I) $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) of section 5102(a); and
"(II) $200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or (6) of section 5102(a).
"(B)
"(i)
"(I) The employee's regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)).
"(II) The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
"(III) The minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed.
"(ii)
"(C)
"(i) Subject to clause (ii), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the employee took leave of any type.
"(ii) If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
"(D)
"(E)
"SEC. 5111. REGULATORY AUTHORITIES.
"The Secretary of Labor shall have the authority to issue regulations for good cause under sections 553(b)(B) and 553(d)(3) of title 5, United States Code-
"(1) to exclude certain health care providers and emergency responders from the definition of employee under section 5110(1) including by allowing the employer of such health care providers and emergency responders to opt out;
"(2) to exempt small businesses with fewer than 50 employees from the requirements of section 5102(a)(5) when the imposition of such requirements would jeopardize the viability of the business as a going concern; and
"(3) as necessary, to carry out the purposes of this Act, including to ensure consistency between this Act and Division C [see Short Title of 2020 Amendment note set out above] and Division G [enacting provisions set out as notes under sections 1401 and 3111 of Title 26, Internal Revenue Code] of the Families First Coronavirus Response Act [
"SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES.
"The Director of the Office of Management and Budget shall have the authority to exclude for good cause from the definition of employee under section 5110(1) certain employees described in subparagraphs (E) and (F) of such section [sic], including by exempting certain United States Government employers covered by section 5110(2)(A)(i)(V) from the requirements of this title [probably should be "this Act"] with respect to certain categories of Executive Branch employees."