Sec. 302. Paid sick time and emergency paid leave
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Subject to subsection
(c)and paragraph (2), an employer shall provide each covered individual employed by or working for 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 a covered individual 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. Covered individuals shall begin to earn paid sick time under this subsection at the commencement of their employment or work. A covered individual shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the covered individual’s employment or work. After that 60th calendar day, the covered individual 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 a covered individual for use by such covered individual in advance of the covered individual earning such sick time as provided in this subsection and may permit use before the 60th day of employment or work. Subparagraph
(A)shall not apply with respect to additional paid sick time provided under subsection (c). In the event of a public health emergency, a covered individual may immediately use the accrued or additional paid sick time described in subsection (c), regardless of how long the covered individual has been employed by or working for 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 a covered individual 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 a covered individual to earn more paid sick time under this subsection. Nothing in this section shall be construed as requiring financial or other reimbursement to a covered individual from an employer upon the covered individual’s termination, resignation, retirement, or other separation from employment or work for paid sick time that has not been used. If a covered individual is separated from employment or work with an employer and is rehired or reengaged for work, within 12 months after that separation, by the same employer, the employer shall reinstate the covered individual’s previously earned paid sick time under this subsection. The covered individual shall be entitled to use the earned paid sick time and earn more paid sick time at the recommencement of employment or work with the employer. An employer may not require, as a condition of providing paid sick time under this title, that the covered individual involved search for or find a replacement covered individual to cover the hours during which the covered individual is using paid sick time. A covered individual shall make a reasonable effort to schedule a period of accrued paid sick time under this subsection in a manner that does not unduly disrupt the operations of the employer. Paid sick time or emergency paid leave under this section may be used by a covered individual for any of the following: An absence resulting from a physical or mental illness, injury, or medical condition of the covered individual. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the covered individual. An absence resulting from the closure of a covered individual’s place of employment or work 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, or the covered individual has independently determined, that the covered individual’s presence in the community may jeopardize the health of others because of the covered individual’s exposure to a communicable disease during a public health emergency or the exhibition of symptoms of a communicable disease during a public health emergency, regardless of whether the covered individual 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 covered individual is the equivalent of a family relationship— who has any of the conditions or needs for diagnosis or care described in paragraph (4); 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 covered individual 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 covered individual 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 covered individual or the covered individual’s child, parent, spouse, domestic partner, or an individual related to the covered individual 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 covered individual of the employer in that jurisdiction with additional paid sick time, in addition to any amount of paid sick time accrued by the covered individual under subsection
(a)(including paid leave referred to in subsection (a)(5)). In receiving additional paid sick time under paragraph (1), the covered individual shall receive— for a full-time salaried covered individual, a specified amount of paid sick time that is sufficient to provide the covered individual with 14 continuous days away from work without a reduction in pay; and subject to paragraph (3), for a part-time, hourly, or piece-rate covered individual, a specified amount of paid sick time equal to the number of hours that the covered individual was scheduled to work or, if not so scheduled, regularly works in a 14-day period. In the case of a part-time, hourly, or piece-rate covered individual described in paragraph (2)(B) whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the covered individual regularly works, the employer shall use the rules specified in subparagraph
(B)to calculate the amount of additional paid sick time that the covered individual shall receive under paragraph (2)(B). The employer shall calculate that amount as— subject to clause (ii), a number equal to the average number of hours that the covered individual was scheduled to work per 14-day period over the 6-month period ending on the date on which the covered individual takes such additional paid sick time, including hours for which the covered individual took leave of any type; or if the covered individual did not work over such 6-month period, the reasonable expectation of the covered individual at the time of hiring or engagement of the average number of hours per 14-day period that the covered individual would regularly be scheduled to work. Not later than 5 days after the date of the enactment of this Act, the Secretary of Labor shall issue guidelines to assist employers in calculating the amount of additional paid sick time that a covered individual shall receive under this subsection. The additional sick time and accrued sick time described in this subsection shall be available for immediate use by the covered individual 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 covered individual has been employed by or working for an employer. A covered individual may take the additional sick time on the schedule that meets the covered individual'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 a covered individual to take the additional sick time in a single period or on any other schedule specified by the employer. Subject to section 401, during a public health emergency, an employer in the jurisdiction involved shall provide each covered individual of the employer in that jurisdiction with emergency paid leave, in addition to any amount of paid sick time accrued by the covered individual under subsection
(a)(including paid leave referred to in subsection (a)(5)) and in addition to additional paid sick time under subsection (c). In receiving emergency paid leave under paragraph (1), the covered individual shall receive 12 weeks of such paid leave. In receiving emergency paid leave under paragraph (1), the covered individual shall be compensated at a rate that is not less than the greatest of— two-thirds 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 working. The emergency paid leave described in this subsection shall be available for immediate use by the covered individual for the purposes described in any paragraph of subsection (b), and for qualified caregiving, as defined in section 402 and in a manner such that section 404(j) shall apply, beginning on the date a public health emergency is declared, regardless of how long the covered individual has been employed by or working for an employer. A covered individual may take the emergency paid leave on the schedule that meets the covered individual’s needs, consistent with subsection
(b)and section 402, including taking the emergency paid leave intermittently or on a reduced leave schedule, and an employer may not require a covered individual to take the emergency paid leave in a single period or on any other schedule specified by the employer. During a public health emergency, a covered individual may first use the additional sick time for the purposes described in any paragraph of subsection (b). The covered individual may then use the emergency paid leave during a public health emergency. A covered individual may elect to use accrued sick time before additional sick time or emergency paid leave. An employer may not require a covered individual to use accrued sick time or any other paid leave provided by the employer to the covered individual, before using additional sick time or emergency paid leave. Nothing in this section shall be construed as requiring financial or other reimbursement to a covered individual from an employer upon the covered individual’s termination, resignation, retirement, or other separation from employment or work for emergency paid leave that has not been used. An employer may not require, as a condition of providing emergency paid leave under this title, that the covered individual involved search for or find a replacement covered individual to cover the hours during which the covered individual is using emergency paid leave. Paid sick time and emergency paid leave shall be provided upon the oral or written request of a covered individual. Such request shall— include the expected duration of the period of such time or leave; 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 covered individual 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 covered individual or of an individual described in subsection (b)(6), as appropriate, if the period of such time covers more than 3 consecutive workdays. The covered individual 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 covered individual to utilize paid sick time. No certification or other documentation may be required under this title by an employer during any public health emergency. Regulations prescribed under section 311 shall specify the manner in which a covered individual who does not have health insurance shall provide a certification for purposes of this paragraph. Nothing in this title 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 a covered individual or a covered individual’s child, parent, spouse, domestic partner, or an individual related to the covered individual 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 covered individual or with the permission of the affected covered individual. An employer may require that a request for paid sick time 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 covered individual, or a member of the covered individual's family described in subsection (b)(7), was a victim of domestic violence, sexual assault, or stalking. A court order protecting or separating the covered individual or a member of the covered individual'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 covered individual or a member of the covered individual'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 a covered individual 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 covered individual or a member of the covered individual'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 covered individual to be absent from work, and the covered individual 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 covered individual; or otherwise required by applicable Federal or State law. The provisions of section 104(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(a) ) or section 6384 of title 5, United States Code, as the case may be, shall apply to a covered individual taking accrued or additional paid sick time, or emergency paid leave, under this title, and to the employer of the covered individual. Such provisions shall be enforced in accordance with this title. The provisions of section 104(c)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(c)(1) ) shall apply to a covered individual taking accrued or additional paid sick time, or emergency paid leave, under this title, and to the employer of the covered individual. Such provisions shall be enforced in accordance with this title. Any paid sick time or emergency paid leave provided to a covered individual under this title shall not be regarded as income or resources for any month, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq.).
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- 42 USC 1320d–6
- 42 USC 1320d–2
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Sec. 302
Paid sick time and emergency paid leave
Cite42 USC 1320d–6
Cite42 USC 1320d–2
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