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Code · BILL · 118th Congress · H.R. 4009 (Introduced in House) — To establish emergency paid sick leave for individuals impacted by a public health emergency, and for other purposes. · Sec. 102

Sec. 102. Amendments to the Family and Medical Leave Act of 1993

1,089 words·~5 min read·/bill/118/hr/4009/ih/section-102·

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Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: An eligible employee shall be entitled to the number of workweeks of leave determined under section 111(b)(3) because of a qualifying need related to a public health emergency in accordance with section 111. . Section 102(c) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(c) ) is amended by striking under subsection (a)(1)(F) and inserting under subsections (a)(1)(F) and (a)(1)(G) .
Title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. ) is amended by adding at the end the following: The following shall apply with respect to leave under section 102(a)(6): The definitions in section 101 shall apply, except as follows: In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term eligible employee means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under section 102(a)(6).
Section 101(4)(A)(i) shall be applied by substituting 1 or more employees for 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year . In addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section 102(a)(6): The term qualifying need related to a public health emergency , with respect to leave, means the employee has a need for leave because the employee is caring for a child or family member of such employee due to disruptions to childcare, school, or caregiver services as a result of a public health emergency.
The term public health emergency means an emergency with respect to an infectious disease declared by the Secretary of Health and Human Services on or after January 1, 2022. 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 under 18 years of age. The term family member , with respect to an employee, means the following: A spouse or domestic partner. A son or daughter.
A son-in-law or daughter-in-law. A parent. A parent-in-law. A grandchild. A sibling. An uncle or aunt. A nephew or niece. Any other individual whose close association is the equivalent of a family relationship with the employee. 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 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. The term school means an elementary school or secondary school as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). An employer shall provide paid leave for each day of leave under section 102(a)(6) that an employee takes.
Paid leave under subparagraph
(A)for an employee shall be calculated based on— the employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207(e) )); and the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under paragraph (2)). In no event shall such paid leave exceed $511 per day. In the case of an employee 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 employee would have worked if such employee had not taken leave under section 102(a)(6), the employer shall use the following in place of such number: Subject to subparagraph (B), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any type. If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work. The number of workweeks of leave to which an employee is entitled for the purposes of this section shall be the greater of— 12 workweeks, or the number of workweeks determined by the Secretary of Labor, in consultation with the Director of the Centers for Disease Control and Prevention, to be appropriate in relation to such public health emergency. In any case where the necessity for leave under section 102(a)(6) for the purpose described in subsection (a)(2)(A) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph
(2)are met. The conditions described in this paragraph are the following: The employee takes leave under section 102(a)(6). The position held by the employee when the leave commenced does not exist due to economic conditions or other changes in operating conditions of the employer— that affect employment; and are caused by a public health emergency during the period of leave. The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment. If the reasonable efforts of the employer under subparagraph
(C)fail, the employer makes reasonable efforts during the period described in paragraph
(3)to contact the employee if an equivalent position described in subparagraph
(C)becomes available. The period described under this paragraph is the 1-year period beginning on the earlier of— the date on which the qualifying need related to an infectious disease concludes; or the date that is a number of weeks equal to the number of workweeks of leave to which an employee is entitled under subsection (b)(3) after the date on which the employee’s leave under section 102(a)(6) commences. .
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Sec. 102
Amendments to the Family and Medical Leave Act of 1993
U.S.C.§ 2612
U.S.C.§ 2611
U.S.C.§ 7801
U.S.C.§ 207
Cites 4Cited by 0 across 0 sources
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