Sec. 331. Definitions
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In this subtitle: 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 covered direct care professional means an employee who is employed as a direct care professional by an employer. 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) ), except that a reference in such section to an employer shall be considered to be a reference to an employer described in paragraph (6). The term employer — means a person who is engaged in commerce or in any industry or activity affecting commerce who employs 1 or more employees; includes— any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and any successor in interest of such an employer; and does not include any public agency. For purposes of this subparagraph: The term employee has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term person has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term public agency has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). 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 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 subtitle. 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 a reason described in any paragraph of section 332(b); or provided by an employer during a public health emergency for use during an absence from employment for a reason described in any paragraph of section 332(b); and is compensated at a rate that is not less than the greatest of— the employee’s regular rate of pay; the wage rate described in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or the minimum wage rate provided for in the applicable State or local law for the State or locality in which the employee is employed. 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 public health emergency means a public health emergency declared by the Secretary of Health and Human Services for a jurisdiction, or by a State public health official with authority to declare such an emergency for the State or jurisdiction within the State. 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 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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