Sec. 5. Provision of paid sick time
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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. 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 (29 U.S.C. 213(a)(1)) shall be assumed to work 40 hours in each workweek.
If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal work week. 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. Except as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 calendar year to the next. This Act shall not be construed to require an employer to permit an employee to accrue more than 56 hours of earned paid sick time at a given time. 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. 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. 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. 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. Paid sick time earned under this section may be used by an employee for any of the following: An absence resulting from a physical or mental illness, injury, or medical condition of the employee. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— has any of the conditions or needs for diagnosis or care described in paragraph
(1)or (2); and in the case of someone who is not a child, is otherwise in need of care. An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, 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; obtain or assist a related person described in paragraph
(3)in obtaining services from a victim services organization; obtain or assist a related person described in paragraph
(3)in obtaining psychological or other counseling; seek relocation; or 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. 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. Paid sick time shall be provided upon the oral or written request of an employee. Such request shall— include the expected duration of the period of such time; 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; and otherwise, be provided as soon as practicable after the employee is aware of the need for such period. 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. 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. A certification provided under subparagraph
(A)shall be sufficient if it states— the date on which the period of time will be needed; the probable duration of the period of time; the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (ii); and for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; 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; and 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. 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. 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. 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 ( 42 U.S.C. 1320d–6 ) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note). If an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(3), such information shall— be maintained on a separate form and in a separate file from other personnel information; be treated as a confidential medical record; and not be disclosed except to the affected employee or with the permission of the affected employee. 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: 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. 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. 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. The requirements of paragraph
(2)shall apply to certifications under this paragraph, except that— subclauses
(III)and
(IV)of subparagraph (B)(i) and subparagraph (B)(ii) of such paragraph shall not apply; 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; and 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— requested or consented to in writing by the employee; or otherwise required by applicable Federal or State law.
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U.S. Code
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- 42 USC 1320d–6
- 42 USC 1320d–2
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