Sec. 20. Earned paid sick time

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A rail carrier shall provide each rail carrier employee employed by the rail carrier not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in this section. A rail carrier shall not be required to permit a rail carrier employee to earn, under this section, more than 56 hours of paid sick time in a year, unless the rail carrier chooses to set a higher limit. Except as provided in subparagraph (B), for purposes of this section, a rail carrier 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 deemed to work 40 hours in each workweek.

If the normal workweek of such a rail carrier employee is less than 40 hours, the rail carrier employee shall earn paid sick time based upon that normal workweek. Except as provided in the second sentence of paragraph (7), a rail carrier employee shall begin to earn paid sick time under this section at the commencement of their employment. Except as provided in such sentence, a rail carrier employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the rail carrier employee’s employment.

After that 60th calendar day, the rail carrier employee may use the paid sick time as the time is earned. A rail carrier may, at the discretion of the rail carrier, loan paid sick time to a rail carrier employee for use by such rail carrier employee in advance of the rail carrier employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. Except as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 year to the next.

This section shall not be construed to require a rail carrier to permit a rail carrier employee to earn more than 56 hours of earned paid sick time in a calendar year. Any rail carrier with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions and procedures as the purposes, conditions, and procedures described in this section shall not be required to permit a rail carrier employee to earn additional paid sick time under this section.

Nothing in this section shall be construed as requiring financial or other reimbursement to a rail carrier employee from a rail carrier upon the rail carrier employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. If a rail carrier employee is separated from employment with a rail carrier and is rehired, within 12 months after that separation, by the same rail carrier, the rail carrier shall reinstate the rail carrier employee’s previously earned paid sick time.

The rail carrier employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the rail carrier. A rail carrier may not require, as a condition of providing paid sick time under this section, that the rail carrier employee involved search for or find a replacement to cover the hours during which the rail carrier employee is using paid sick time. Paid sick time earned under subsection

(a)may be used by a rail carrier employee for any of the following: An absence resulting from a physical or mental illness, injury, or medical condition of the rail carrier employee. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the rail carrier employee. 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 rail carrier employee 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); is required to attend— in the case of someone who is a child, a school meeting; or a meeting at a place where the child, parent, spouse, domestic partner, or such other individual is receiving care necessitated by a health condition or disability of the child, parent, spouse, domestic partner, or such other individual; is in need of care and is typically cared for by an individual who is unable to provide care because the individual has any of conditions or needs for diagnosis or care described in paragraph

(1)or (2); or 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 rail carrier employee or the rail carrier employee’s child, parent, spouse, domestic partner, or an individual related to the rail carrier employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the rail carrier employee is the equivalent of a family relationship in obtaining services from a victim services organization; obtain or assist a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the rail carrier employee is the equivalent of a family relationship 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. A rail carrier employee shall make a reasonable effort to schedule a period of paid sick time under this section in a manner that does not unduly disrupt the operations of the rail carrier. Paid sick time shall be provided upon the oral or written request of a rail carrier employee. Such request shall— include the expected duration of the period of such time; and 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; or otherwise, be provided as soon as practicable after the rail carrier employee is aware of the need for such period. Subject to subparagraph (C), a rail carrier may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or

(3)of subsection

(b)be supported by a certification issued by the health care provider of the rail carrier employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays. The rail carrier employee shall provide a copy of such certification to the rail carrier in a timely manner not later than 30 days after the first day of the period of time. The rail carrier shall not delay the commencement of the period of time on the basis that the rail carrier 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; 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)(3), 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. Regulations prescribed under subsection

(j)shall specify the manner in which a rail carrier employee who does not have health insurance shall provide a certification for purposes of this paragraph. Nothing in this section 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 privacy 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 a rail carrier possesses health information about a rail carrier employee or a rail carrier employee’s child, parent, spouse, domestic partner, or an individual related to the rail carrier employee as described in subsection (b)(3), 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 rail carrier employee or with the permission of the affected rail carrier employee. A rail carrier may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by a form of documentation described in subparagraph

(B)if the period of such time covers more than 3 consecutive workdays. A form of documentation described in this subparagraph is any one of the following: A police report indicating that the rail carrier employee, or an individual described in subsection (b)(4)(A) with respect to the rail carrier employee, was a victim of domestic violence, sexual assault, or stalking. A court order protecting or separating the rail carrier employee, or a such an individual with respect to the rail carrier employee, from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the rail carrier employee, or an individual described in subsection (b)(4)(A) with respect to the rail carrier employee, 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 rail carrier employee 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 rail carrier employee, or an individual described in subsection (b)(4)(A) with respect to the rail carrier employee, is a victim of domestic violence, sexual assault, or stalking. The requirements of paragraph

(2)shall apply to certifications under this paragraph, except that— subparagraph (B)(iii) 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 rail carrier employee to be absent from work, and the rail carrier employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and with respect to confidentiality under subparagraph

(D)of such paragraph, any information provided to the rail carrier 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 rail carrier employee; or otherwise required by applicable Federal or State law. A rail carrier may not specify which of the forms of documentation described in clause (i), (ii), or

(iii)of subparagraph

(B)is required to be provided in order to satisfy the requirement under subparagraph (A). It shall be unlawful for any rail carrier to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section, including— discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this section; using the taking of paid sick time under this section as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or counting the paid sick time under a no-fault attendance policy or any other absence-control policy. It shall be unlawful for any rail carrier to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this section. It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this section; has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section. To ensure compliance with the provisions of this section, or any regulation or order issued under this section, the Secretary shall have, subject to clause (iii), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to rail carriers, rail carrier employees, and other individuals affected by a rail carrier. A rail carrier shall make, keep, and preserve records pertaining to compliance with this section in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. The Secretary shall not require, under the authority of this paragraph, a rail carrier to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this section or any regulation or order issued pursuant to this section, or is investigating a charge pursuant to subparagraph (C). For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). An action to recover the damages or equitable relief prescribed in clause

(ii)may be maintained against any rail carrier in any Federal or State court of competent jurisdiction by a rail carrier employee or individual or a representative for and on behalf of— the rail carrier employee or individual; or the rail carrier employee or individual and others similarly situated. Any rail carrier who violates subsection

(e)(including a violation relating to rights provided under subsection (d)) shall be liable to any rail carrier employee or individual affected— for damages equal to— the amount of— any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the rail carrier employee or individual; the interest on the amount described in item

(aa)calculated at the prevailing rate; and an additional amount as liquidated damages; and for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. The Secretary shall receive, investigate, and attempt to resolve complaints of violations of subsection

(e)(including a violation relating to rights provided under subsection (d)) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subparagraph (B)(ii)(I). Any sums recovered by the Secretary pursuant to clause

(ii)shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each rail carrier employee or individual affected. Any such sums not paid to a rail carrier employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. Except as provided in clause (ii), an action may be brought under subparagraph (B), (C), or

(E)not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. In the case of an action brought for a willful violation of subsection

(e)(including a willful violation relating to rights provided under subsection (d)), such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. In determining when an action is commenced under subparagraph (B), (C), or

(E)for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— to restrain violations of subsection

(e)(including a violation relating to rights provided under subsection (a)), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to rail carrier employees or individuals eligible under this section; or to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under subparagraph

(C)or (E). Nothing in this section shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status. Nothing in this section shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave or greater coverage of those eligible for paid sick time or leave) than the rights established under this section. Nothing in this section shall be construed to diminish the obligation of a rail carrier to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to rail carrier employees or individuals than the rights established under this section. The rights established for rail carrier employees under this section shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan. Nothing in this section shall be construed to discourage rail carriers from adopting or retaining leave policies more generous than policies that comply with the requirements of this section. Not later than 180 days after the date of enactment of this section, the Secretary shall prescribe such regulations as are necessary to carry out this section with respect to rail carrier employees. This section shall take effect 6 months after the date of issuance of regulations under subsection (j). In the case of a collective bargaining agreement in effect on the effective date prescribed by paragraph (1), this section shall take effect on the earlier of— the date of the termination of such agreement; the date of any amendment, made on or after such effective date, to such agreement; or the date that occurs 18 months after the date of issuance of regulations under subsection (j). In this section, the following definitions apply: 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 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 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 funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the rail carrier 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) ). The term employment benefits means all benefits provided or made available to rail carrier employees by a rail carrier, 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 a rail carrier 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 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 any other person determined by the Secretary to be capable of providing health care services; and is not employed by a rail carrier for whom the provider issues certification under this section. The term paid sick time means an increment of compensated leave that— can be earned by a rail carrier employee for use during an absence from employment for any of the reasons described in paragraphs

(1)through

(4)of section 20(b); and is compensated at a rate that is not less than the regular rate of pay of the rail carrier employee. The term parent means a biological, foster, or adoptive parent of a rail carrier employee, a stepparent of a rail carrier employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to a rail carrier employee when the rail carrier employee was a child. The term rail carrier employee means an employee of a rail carrier who performs work that has been traditionally performed by employees in a railroad industry craft or class recognized under the paragraph designated Ninth of section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), including any employee who performs— work with respect to the movement of trains; maintenance of way work; signal work; work for purposes of the inspection, maintenance, repair, or cleaning of locomotives, rail maintenance facilities, rail-related equipment, or rail cars; dispatching work; work with respect to controlling the movement of equipment within a rail yard; or rail clerical or communications work. 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 rail carrier employee, 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.

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