Sec. 208. Definitions

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

For purposes of the Act: 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 covered infectious disease means an infectious disease in relation to which the Secretary of Health and Human Services has declared a public health emergency. 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 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)or (F), including such an employee of the Library of Congress, 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 (5)(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; 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 2101(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 Executive Agency as defined in section 105 of title 5, United States Code, and including the U.S. Postal Service and the Postal Regulatory Commission; 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 that employs 1 or more employees; includes— any person acting directly or indirectly in the interest of an employer in relation to an employee (within the meaning of such phrase in section 3(d) of the Fair Labor Standards Act of ( 29 U.S.C. 203(d) ); 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 and the Library of Congress. For purposes of clause (i)(IV), 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 means 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 of 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 ( 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 ( 29 U.S.C. 203(a) ). 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 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 terms employ and State have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term health care provider has the meaning given such term in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). The term paid sick time means an increment of compensated leave that— is provided by an employer for use during an absence from employment for a reason described in any paragraph of section 202(a); and is calculated based on the employee’s required compensation under subparagraph

(B)and the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)), except that in no event shall such paid sick time exceed $511 per day for a use described in section 202(a). Subject to paragraph (A)(ii), the employee’s required compensation under this subparagraph shall be not less than the greater of the following: 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) )). The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). The minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed. In the case of a part-time employee described in section 202(b)(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 employee would have worked if such employee had not taken paid sick time under section 202(a), the employer shall use the following in place of such number: Subject to clause (ii), 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 the paid sick time, 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. Not later than 15 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 paid sick time under subparagraph (A). After the first workday (or portion thereof) an employee receives paid sick time under this Act, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time. The term parent , with respect to an employee, means any of the following: A biological, foster, or adoptive parent of the employee. A stepparent of the employee. A parent-in-law of the employee. A parent of a domestic partner of the employee. A legal guardian or other person who stood in loco parentis to an employee when the employee was a child. 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 spouse has the meaning given such term in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ), and includes a husband or wife in a common law marriage.

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