Sec. 120115. Paid sick time requirement

555 words·~3 min read·/bill/116/hr/6800/eh/section-120115

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Section 5102(a) is amended to read as follows: An employer shall provide to each employee employed by the employer paid sick time for any qualifying need related to a public health emergency (as defined in section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2620(a)(2)(A) ). . Section 5102(b) is amended by striking An and inserting During any 12-month period, an . Section 5102 is amended by striking subsection

(f)and inserting the following: With respect to an employer that provides paid leave on the day before the date of enactment of this Act— the paid sick time under this Act shall be made available to employees of the employer in addition to such paid leave; and the employer may not change such paid leave on or after such date of enactment to avoid being subject to paragraph (1). . Section 5102 is further amended by adding at the end the following: Leave under section 5102 may be taken by an employee intermittently or on a reduced work schedule, without regard to whether the employee and the employer of the employee have an agreement with respect to whether such leave may be taken intermittently or on a reduced work schedule. . Section 5102 is further amended by adding at the end the following: If an employer requires that a request for paid sick time under this section be certified— the documentation described in paragraph

(2)of section 110(f) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2620(f) ) shall be sufficient for certification; and an employer may not require such certification unless— the employee takes not less than 3 consecutive days of paid sick time; and the employer requires documents for such certification not earlier than 7 workdays after the employee returns to work after such paid sick time. . Section 5102 is further amended by adding at the end the following: In any case where the necessity for leave under this section is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. . Section 5102 is further amended by adding at the end the following: A covered employee who begins employment with a new covered employer shall be entitled to the full amount of leave under section 5102 with respect to such employer. . Section 5102 is further amended by adding at the end the following: Any covered employee who takes paid sick time under this section, on return from such paid sick time, shall be entitled— to be restored by the employer to the position of employment held by the employee when the leave commenced; or if such position is not available, to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. . Section 5105 is amended— by amending subsection

(a)to read as follows: Subject to subsection (b), a violation of section 5102 shall be deemed a violation of section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) and unpaid amounts shall be treated as unpaid overtime compensation under such section for the purposes of sections 15 and 16 of such Act ( 29 U.S.C. 215 and 216). ; and in subsection (b), by inserting section 5102(k) or before section 5104 .

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29 USC 2620(a)(2)(A)
29 USC 2620(f)
29 USC 207
29 USC 215

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cites case law

Sec. 120115

Paid sick time requirement

Cite29 USC 2620(a)(2)(A)

Cite29 USC 2620(f)

Cite29 USC 207

Cite29 USC 215

Cites 4Cited by 0 across 0 sources