Sec. 2. Definitions

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As used in this Act: The term bona fide business reason means— the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand; a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; a significant detrimental effect on business performance; insufficiency of work during the periods an employee proposes to work; the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 9).

The term career-related educational or training program means an educational or training program or program of study offered by a public, private, or nonprofit career and technical education school, institution of higher education, or other entity that provides academic education, career and technical education, or training (including remedial education or English as a second language, as appropriate), that is a program that leads to a recognized postsecondary credential (as identified under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ), and provides career awareness information.

The term includes a program allowable under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.), without regard to whether or not the program is funded under the corresponding Act. The term caregiver means an individual with the status of being a significant provider of— ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or ongoing care, including responsibility for securing the ongoing care, of— a person with a serious health condition who is in a family relationship with the individual; or a parent of the individual, who is age 65 or older.

The term child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is— under age 18; or age 18 or older and incapable of self-care because of a mental or physical disability. The terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). The term covered employer — means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (9)(A)); includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (9)(A)) of such employer; includes any successor in interest of such an employer; and includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph

(B)of such section shall apply. For purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (9)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year. In this paragraph, the term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term domestic partner means the individual recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). 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 described in any of subparagraphs

(B)through (G); 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; an employee of the Library of Congress; or an employee of the Government Accountability Office. The term employer means a person— who is— a covered employer, as defined in paragraph (6), who is not described in any of clauses

(ii)through (vii); 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; an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; the Librarian of Congress; or the Comptroller General of the United States; and who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. The term family relationship means a relationship with— a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner; or any individual related to the employee involved by blood or affinity, whose close association with the employee is the equivalent of a family relationship described in subparagraph (A). The term grandchild means the child of a child. The term grandparent means the parent of a parent. The term minimum number of expected work hours means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis. The term hospitality establishment means a hotel, motel, inn, or similar transient lodging establishment. The term nonexempt employee means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ). The term on-call shift means any time during which an employer requires an employee to— be available to work; and contact the employer or the designee of the employer, or wait to be contacted by the employer or designee, to determine whether the employee is required to report to work at that time. The term parent means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. The term parental relationship means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood. The term retail, food service, cleaning, hospitality, or warehouse employee means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. Building cleaning occupations as described in 37–2011, 37–2012, and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. The term Secretary means the Secretary of Labor. The term Secretary's designated employee means an employee employed in an occupation, other than a retail, food service, cleaning, hospitality, or warehouse occupation, that is designated by the Secretary under section 9(a)(2) as appropriate for coverage under section 4. The term serious health condition has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). The term sibling means a brother or sister, whether related by half blood, whole blood, or adoption, or as a stepsibling. The term split shift means a schedule of daily hours in which the hours worked are not consecutive, except that— a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift. The term spouse means a person with whom an individual entered into— a marriage as defined or recognized under State law in the State in which the marriage was entered into; or in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State. Sex or common law marriage Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term warehouse establishment means any business that engages primarily in the storage of goods, wares, or commodities for hire or compensation, and, in connection with such storage, may include the loading, packing, sorting, stacking, wrapping, distribution, or delivery of those goods, wares, or commodities. The term work schedule means all of an employee’s regular work shifts and on-call shifts, including specific start and end times for each shift, during a consecutive 7-day period. The term work schedule change means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. The term work shift means the specific hours of the workday during which an employee works.

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