Sec. 201. Immediate reimbursement of employers for paid sick days and paid leave for public health emergencies
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An employer of a covered individual who uses paid sick time or emergency paid leave under title III during a public health emergency shall be reimbursed by the Secretary of the Treasury out of the Treasury of the United States for the wages paid to the covered individual for the period during which the covered individual used the paid sick time or emergency paid leave. To be eligible to receive such reimbursement, the employer shall submit to the Secretary of Labor an affidavit that attests that the employer provided such paid sick time or emergency paid leave, and related records showing the period of and wages associated with the paid sick time or emergency paid leave.
The Secretary shall review the information in the affidavit and records and come to a determination regarding the validity of such information within 5 business days after receipt. If the Secretary does not make a determination within the 5-business-day period, on the sixth business day after receipt of such information the Secretary shall be deemed to have determined the information to be valid. Upon the Secretary’s determination that the information is valid and that the employer provided an amount of such paid sick time or emergency paid leave to a covered individual, the Secretary shall transmit the determination, affidavit, and records to the Secretary of the Treasury, and the Secretary of the Treasury shall provide timely reimbursement out of the Treasury of the United States.
The Secretary of the Treasury shall provide that reimbursement not later than 2 business days after receipt of the determination from the Secretary of Labor. The Secretary of Labor and the Secretary of the Treasury shall both have authority to investigate fraud under this section and to seek recovery of fraudulently obtained funds and related penalties in any court of competent jurisdiction. Except as provided for in paragraph (2), this section shall apply to all paid sick time and emergency paid leave provided by employers under title III during calendar year 2020 and calendar year 2021.
This section shall apply to all additional paid sick time provided by employers under title III during any calendar year.