Sec. 3. Paid sick time
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Subject to subsection (c), an employer shall provide each employee employed by the employer not less than 1 hour of earned 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 subsection, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. Except as provided in paragraph (3), for purposes of this subsection, 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 under this subsection based upon that normal workweek. Employees shall begin to earn paid sick time under this subsection 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 for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. Subparagraph
(A)shall not apply with respect to additional paid sick time provided under subsection (c). In the event of a public health emergency, an employee may immediately use the additional or accrued paid sick time described in subsection (c), regardless of how long the employee has been employed by an employer. Except as provided in subparagraph (B), paid sick time earned under this subsection shall carry over from 1 year to the next. This subsection shall not be construed to require an employer to permit an employee to earn 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 subsection 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 more paid sick time under this subsection. 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 under this subsection. The employee shall be entitled to use the earned paid sick time and earn more 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 employee to cover the hours during which the employee is using paid sick time. Paid sick time 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 resulting from the closure of an employee’s place of employment by order of a Federal or State public official with jurisdiction, or at the employer’s discretion, due to a public health emergency. An absence because a Federal or State public official with jurisdiction or a health care provider has determined that the employee’s presence in the community may jeopardize the health of others because of the employee’s exposure to a communicable disease during a public health emergency, regardless of whether the employee has actually contracted the communicable disease. 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 is a child, if the child’s school or place of care has been closed by order of a Federal or State public official with jurisdiction or at the discretion of the school or place of care due to a public health emergency, including if a school or entity operating the place of care is physically closed but is providing education or care to the child remotely; or because a Federal or State public official with jurisdiction or a health care provider has determined that the presence in the community of the person receiving care may jeopardize the health of others because of the person’s exposure to a communicable disease during a public health emergency, regardless of whether the person has actually contracted the communicable disease. 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); who is a child, if the employee is required to attend a school meeting or a meeting at a place where the child is receiving care necessitated by the child’s health condition or disability; or who 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 (6), 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
(6)in obtaining services from a victim services organization; obtain or assist a related person described in paragraph
(6)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. On the date of a declaration of a public health emergency, an employer in the jurisdiction involved shall provide each employee of the employer in that jurisdiction with additional paid sick time, in addition to any amount of paid sick time accrued by the employee under subsection
(a)(including paid leave referred to in subsection (a)(4)). In receiving additional paid sick time under paragraph (1), the employee shall receive— for a full-time salaried employee, a specified amount of paid sick time that is sufficient to provide the employee with 14 continuous days away from work without a reduction in pay; and for a part-time or hourly employee, a specified amount of paid sick time equal to the number of hours that the employee was scheduled to work or, if not so scheduled, regularly works in a 14-day period. The additional sick time and accrued sick time described in this subsection shall be available for immediate use by the employee for the purposes described in any paragraph of subsection
(b)beginning on the date a public health emergency is declared, regardless of how long the employee has been employed by an employer. During the public health emergency, an employee may first use the additional sick time for those purposes. The employee may then use the accrued sick time during the public health emergency, or retain the accrued sick time for use after the public health emergency. An employer may not require an employee to use the accrued sick time, or any other paid leave provided by the employer to the employee, before using the additional sick time. An employee may take the additional sick time on the schedule that meets the employee's needs, consistent with subsection (b), including taking the additional sick time intermittently or on a reduced leave schedule, and an employer may not require an employee to take the additional sick time in a single period or on any other schedule specified by the employer. An employee shall make a reasonable effort to schedule a period of accrued paid sick time under subsection
(a)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 subparagraphs
(C)and (D), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or
(6)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)(6), 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)(6), 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. No certification or other documentation may be required under this Act by an employer during any public health emergency. Regulations prescribed under section 12 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)(6), 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)(7) be supported by any one of the following forms of documentation, but the employer may not specify the particular form of documentation to be provided: A police report indicating that the employee, or a member of the employee's family described in subsection (b)(7), 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)(7) 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)(7) 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)(7) 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
(E)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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