Sec. 120104. Emergency leave definitions
713 words·~3 min read·
/bill/116/hr/6800/pcs/section-120104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 110(a)(1) is amended in subparagraph (A), by striking sections 101(2)(A) and 101(2)(B)(ii) and inserting section 101(2) . Section 110(a)(1)(B) is amended by striking fewer than 500 employees and inserting 1 or more employees . Section 110(a)(1) is amended by adding at the end the following: In lieu of the definition in section 101(7), the term parent , with respect to an employee, means any of the following: A biological, foster, or adoptive parent of the employee. A stepparent of the employee.
A parent-in-law of the employee. A parent of a domestic partner of the employee. A legal guardian or other person who stood in loco parentis to an employee when the employee was a child. . Section 110(a)(2)(A) is amended to read as follows: The term qualifying need related to a public health emergency , with respect to leave, means that the employee is unable to perform the functions of the position of such employee due to a need for leave for any of the following: To self-isolate because the employee is diagnosed with COVID–19.
To obtain a medical diagnosis or care if such employee is experiencing the symptoms of COVID–19. To comply with a recommendation or order by a public official with jurisdiction or a health care provider to self isolate, without regard to whether such recommendation or order is specific to the employee, on the basis that the physical presence of the employee on the job would jeopardize the employee’s health, the health of other employees, or the health of an individual in the household of the employee because of— the possible exposure of the employee to COVID–19; or exhibition of symptoms of COVID–19 by the employee.
To care for or assist a family member of the employee, without regard to whether another individual other than the employee is available to care for or assist such family member, because— such family member— is self-isolating because such family member has been diagnosed with COVID–19; or is experiencing symptoms of COVID–19 and needs to obtain medical diagnosis or care; or a public official with jurisdiction or a health care provider makes a recommendation or order with respect to such family member, without regard to whether such determination is specific to such family member, that the presence of the family member in the community would jeopardize the health of other individuals in the community because of— the possible exposure of such family member to COVID–19; or exhibition of symptoms of COVID–19 by such family member.
To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19. To care for a family member who is incapable of self-care because of a mental or physical disability or is a senior citizen, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19. .
Section 110(a)(2) is amended by adding at the end the following: The term family member , with respect to an employee, means any of the following: A parent of the employee. A spouse of the employee. A sibling of the employee. Next of kin of the employee or a person for whom the employee is next of kin. A son or daughter of the employee. A grandparent or grandchild of the employee. A domestic partner of the employee. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. .