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Code · BILL · 118th Congress · S. 3137 (Introduced in Senate) — To allow Americans to receive paid leave time to process and address their own health needs and the health needs of t... · Sec. 101

Sec. 101. Definitions

886 words·~4 min read·/bill/118/s/3137/is/section-101

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

In this title: The term assisted reproductive technology procedure has the meaning given the term assisted reproductive technology in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7 ). 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 , used with respect to an unmarried employee, includes— the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; and an unmarried, adult person who is in a committed, personal relationship with the employee, who is not a domestic partner as described in subparagraph
(A)to or in such a relationship with any other person, and who is designated to the employee’s employer by such employee as that employee’s domestic partner. 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, 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; 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), who is not covered under subparagraph (D). 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 5 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; 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 an employer; includes any public agency; and includes the Government Accountability Office. For purposes of clause (i)(III), 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 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 public agency has the meaning given such term in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ). Any reference in this paragraph to an 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 paid leave time means an increment of compensated leave that can be granted to an employee for use during an absence from employment for any reason described in section 102(b). The term Secretary means the Secretary of Labor. 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 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 leave time means the leave granted and used in the same manner and under the same conditions as paid leave time for the purposes of this title, except that no compensation shall be paid.
Connectionstraces to 4
2 references not yet in our index
  • 42 USC 263a–7
  • 42 USC 2000e–16c(a)
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cites case law
Sec. 101
Definitions
Cite42 USC 263a–7
Cite42 USC 2000e–16c(a)
Cites 6Cited by 0 across 0 sources
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