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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. 202

Sec. 202. Paid sick time requirement

574 words·~3 min read·/bill/118/hr/4009/ih/section-202·

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An employer shall provide to each employee employed by the employer paid sick time if the employ is unable to work (or telework) for any of the following reasons: The employee has been diagnosed with a covered infectious disease and needs to self-isolate. The employee has been advised or ordered to isolate or quarantine by a public official having jurisdiction or a health care provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because— the employee has been exposed to a covered infectious disease; or the employee is exhibiting symptoms of a covered infectious disease.
The employee is experiencing the symptoms of a covered infectious disease and is seeking diagnosis or medical care. The employee is caring for a family member of the employee who has been diagnosed as described in paragraph
(1)or has been advised or ordered as described in paragraph (2). The employee is experiencing any other substantially similar condition specified by the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services. An employee shall be entitled to paid sick time for an amount of hours determined under paragraph (2). The amount of hours of paid sick time to which an employee is entitled shall be equal to the sum of— the number of weeks of leave, as determined under paragraph (3), to which an employee is entitled in relation to a covered infectious disease, multiplied by in the case of a full-time employee, 40 hours per week for which an employee receives leave under subsection (a), or in the case of a part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a week. The Secretary of Labor, in consultation with the Director of the Centers for Disease Control and Prevention, shall determine the number of weeks of leave to which an employee is entitled in relation to a covered infectious disease. Paid sick time under this section shall not carry over from 1 year to the next. Paid sick time provided to an employee under this Act shall cease beginning with the employee’s next scheduled workshift immediately following the termination of the need for paid sick time under subsection (a). With respect to an employer that provides paid leave on the day before the date of enactment of this Act— the paid sick time under this Act shall be made available to employees of the employer in addition to such paid leave; and the employer may not change such paid leave on or after such date of enactment to avoid being subject to paragraph (1). An employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time. The paid sick time under subsection
(a)shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer. An employee may first use the paid sick time under subsection
(a)for the purposes described in such subsection. An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a).
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