Sec. 301. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In title II and this title: The term child means a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. The term covered individual means an individual who is— an employee; or an individual performing any services or labor for remuneration for an employer, regardless of whether the individual is classified as an independent contractor by the employer. 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, including individuals of the same sex, 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.

The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence, as that term is defined in such section. 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 covered under subparagraph (E), except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and

(ii)of paragraph (6)(A); or an employee of the Government Accountability Office; 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; or a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code, or any other individual occupying a position in the civil service (as that term is defined in section 2102(1) of title 5, United States Code). The term employer means a person who is— a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); 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; or an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). In subparagraph (A)(i)(I), the term covered employer — means any person engaged in commerce or in any industry or activity affecting commerce who employs one or more employees; includes— any person who acts directly or indirectly in the interest of (within the meaning of section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) )) an employer in relation to any of the employees of such employer; and any successor in interest of an employer; includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and includes the Government Accountability Office. For purposes of subclause

(III)or

(IV)of clause (i), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. For purposes of this subparagraph: The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs

(1)and

(3)of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142

(1)and (3)). The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. The term employment benefits means all benefits provided or made available to covered individuals by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan , as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ). The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term health care provider means a provider who— is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or is any other person determined by the Secretary to be capable of providing health care services; and is not employed by an employer for whom the provider issues certification under this title. The term paid sick time means an increment of compensated leave that— can be— earned by a covered individual for use during an absence from employment or work for a reason described in any paragraph of section 302(b); or provided by an employer during a public health emergency for use during an absence from employment or work for a reason described in any paragraph of section 302(b); and is compensated at a rate that is not less than the greatest of— the covered individual's regular rate of pay; the minimum wage rate provided for in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage rate provided for in the applicable State or local law for the State or locality in which the covered individual is employed or works. The term parent means a biological, foster, or adoptive parent of a covered individual, a stepparent of a covered individual, a parent-in-law of a covered individual, a parent of a domestic partner of a covered individual, or a legal guardian or other person who stood in loco parentis to a covered individual when the covered individual was a child. The term public health emergency means— a public health emergency— declared by the Secretary of Health and Human Services for a jurisdiction, or by a State or local public health official with authority to declare such an emergency for the State or jurisdiction within the State; and due to a public health condition that is— emergent and acute; and not a longstanding, chronic public health condition; and an emergency with respect to coronavirus, as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ), declared by a Federal, State, or local public official. The term Secretary means the Secretary of Labor. The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). The term spouse , with respect to a covered individual, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(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 victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. The term work means to be employed or to be engaged in providing labor or services for an employer.

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