Sec. 3. Earned paid sick time
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An employer shall provide each employee employed by the employer not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in this section. An employer shall not be required to permit an employee to earn, under this section, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. Except as provided in subparagraph (B), for purposes of this section, an 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 an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal workweek. A smaller employer, as defined in section 2(6)(B)(iii), may provide paid sick time as provided under paragraph
(1)but if such smaller employer opts not to do so, the smaller employer shall provide not fewer than 56 hours of unpaid sick time to each employee per year to be used for the same purposes and under the same conditions and procedures as set out in this Act. The provision and earning of unpaid sick time shall be treated in all respects the same as the provision and earning of paid sick time under this Act. References in this Act to paid sick time shall, with respect to such smaller employers, be deemed to be references to unpaid sick time. Except as provided in the second sentence of paragraph (8), employees shall begin to earn paid sick time under this section at the commencement of their employment. Except as provided in such sentence, an employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee for use by such employee in advance of the 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 Act shall not be construed to require an employer to permit an employee to earn more than 56 hours of earned paid sick time in a calendar year. Any employer 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 an employee to earn additional paid sick time under this section. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer. 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. Paid sick time earned under subsection
(a)may be used by an employee for any of the following: An absence resulting from a physical or mental illness, injury, or medical condition of the employee. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the 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 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 employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the 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 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 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. An employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer. Paid sick time shall be provided upon the oral or written request of an 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 employee is aware of the need for such period. Subject to subparagraph (C), an employer 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 eligible 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 employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer 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 section 12 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. Nothing in this Act 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 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 an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the 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 employee or with the permission of the affected employee. An employer 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 employee, or an individual described in subsection (b)(4)(A) with respect to the employee, was a victim of domestic violence, sexual assault, or stalking. A court order protecting or separating the employee, or such an individual with respect to the 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 employee, or an individual described in subsection (b)(4)(A) with respect to the 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 an 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 employee, or an individual described in subsection (b)(4)(A) with respect to the 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 employee to be absent from work, and the 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 employer 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 employee; or otherwise required by applicable Federal or State law. An employer 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).
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U.S. Code
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- 42 USC 1320d–6
- 42 USC 1320d–2
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