Sec. 2. Definitions

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

In this 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. 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 employer 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) ), who is not covered under any other provision of this paragraph, 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 paragraph (6)(A)(i)(I); an employee of the Government Accountability Office; or an employee of a covered employer described in paragraph (6)(B)(i)(V) who performs work that has been traditionally performed by employees in a railroad industry craft or class recognized under the Ninth paragraph 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 the movement of equipment within a rail yard; or rail clerical or communications work; 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; or a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). The term employer means a person who is— a covered employer who is not described in any other subclause of this clause; 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 employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and engaged in commerce (including government), or an industry or activity affecting commerce (including government). In subparagraph (A)(i)(I), the term covered employer — means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; means a smaller employer, to which the special rule in paragraph

(3)of section 3(a) applies; means the Government Accountability Office and the Library of Congress; includes— any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and any successor in interest of such an employer; and includes any rail carrier. For purposes of clause (i), a public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ), shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. For purposes of this subparagraph: The term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). The term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). The term smaller employer means any person engaged in commerce or in any industry or activity affecting commerce who employs fewer than 15 employees for each working day during each of 20 or more calendar workweeks in the preceding year. Any reference in this paragraph to an employer, including such a smaller employer, shall include a reference to any predecessor of such employer. The term employment benefits means all benefits provided or made available to employees by an employer, 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 an employer 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 is any other person determined by the Secretary to be capable of providing health care services; and is not employed by an employer for whom the provider issues certification under this Act. The term paid sick time means an increment of compensated leave that— can be earned by an employee for use during an absence from employment for any of the reasons described in paragraphs

(1)through

(4)of section 3(b); and is compensated at a rate that is not less than the greater of— the regular rate of pay of the employee; the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the rate specified in the applicable State or local minimum wage law. The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. 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 an 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 unpaid sick time means the leave earned and used in the same manner and under the same conditions and procedures as paid sick time for the purposes of this Act, except that no compensation shall be paid. 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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