Sec. 111. Earned sick days
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In this section: 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 of the domestic employee involved is located; and includes dating violence, as that term is defined in such section. The term domestic employee means a domestic employee, as defined in section 3(b), other than an individual providing domestic services through a shared living arrangement.
The term employment benefits means all benefits provided or made available to a domestic employee by the employer that employs the domestic employee, 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 any other person determined by the Secretary to be capable of providing health care services; and is not employed by the employer 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 domestic employee for use during an absence from employment for any of the reasons described in subparagraphs
(A)through
(D)of subsection (b)(2). 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 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. An employer shall provide each domestic 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 paragraph (2). An employer shall not be required to permit a domestic employee to earn, under this subsection, more than 56 hours of paid sick time in a calendar year, unless the employer chooses to set a higher limit. A domestic employee— shall begin to earn paid sick time under this subsection at the commencement of their employment; and except as provided in clause (ii), may use that earned paid sick time in accordance with this subsection. Except as provided in subclause
(II)and subparagraph (F), a domestic employee may not use any paid sick time earned under this subsection before the day that is the 60th calendar day after commencement of the domestic employee’s employment. An employer may— loan paid sick time to a domestic employee employed by the employer for use by such domestic employee in advance of the domestic employee earning such sick time; and notwithstanding subclause (I), permit use of earned sick time by a domestic employee before the 60th day of employment of the domestic employee. Paid sick time earned under this subsection shall carry over from one year to the next. Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in paragraph
(2)shall not be required to permit a domestic employee employed by the employer to earn additional paid sick time under this subsection. Nothing in this subsection shall be construed as requiring financial or other reimbursement to a domestic employee from an employer upon the domestic employee’s termination, resignation, retirement, or other separation from employment with the employer for earned paid sick time that has not been used. If a domestic employee is separated from employment with an employer and is rehired for employment, within 12 months after that separation, by the same employer, the employer shall reinstate the domestic employee’s previously earned paid sick time. Notwithstanding subparagraph (B)(ii)(I), the domestic 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 subsection, that the domestic employee involved search for or find a replacement to cover the hours during which the domestic employee is using paid sick time. Paid sick time earned under this subsection may be used by a domestic employee for any of the following: An absence resulting from a physical or mental illness, injury, or medical condition of the domestic employee. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the domestic 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 domestic employee is the equivalent of a family relationship, who— has any of the conditions or needs for diagnosis or care described in subparagraph
(A)or (B); 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 the conditions or needs for diagnosis or care described in subparagraph
(A)or (B); 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 domestic employee or a child, parent, spouse, domestic partner, or another individual related to the domestic employee as described in subparagraph (C), 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 such other individual in obtaining services from a victim services organization; obtain or assist a child, a parent, a spouse, a domestic partner, or such other individual 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. Paid sick time shall be provided upon the oral or written request of a domestic employee. Such request shall— include the expected duration of the period of such time; and be— in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, provided at least 7 days in advance of such period; or otherwise, provided as soon as practicable after the domestic employee is aware of the need for such period. Subject to clause (iv), an employer may require that a request for paid sick time under this subsection for a purpose described in subparagraph (A), (B), or
(C)of paragraph
(2)be supported by a certification issued by the health care provider of the eligible domestic employee or of an individual described in paragraph (2)(C), as appropriate, if the period of such time covers more than 3 consecutive workdays. The domestic 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 clause
(i)shall be sufficient if it states— the date on which the period of paid sick time will be needed; the probable duration of the period of time; for purposes of paid sick time under paragraph (2)(A), a statement that absence from work is medically necessary; for purposes of such time under paragraph (2)(B), the dates on which testing for a medical diagnosis or care is expected to be given the duration of such testing or care; and for purposes of such time under paragraph (2)(C), 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 paragraph, and an estimate of the amount of time that such care is needed for such individual. The Secretary shall prescribe regulations that shall specify the manner in which a domestic employee who does not have health insurance shall provide a certification for purposes of this subparagraph. 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 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 a domestic employee or a domestic employee’s child, parent, spouse, or domestic partner or another individual related to the domestic employee as described in paragraph (2)(C), 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 domestic employee or with the permission of the affected domestic employee. An employer may require that a request for paid sick time under this subsection for a purpose described in paragraph (2)(D) be supported by a form of documentation described in clause
(ii)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 domestic employee, or individual described in paragraph (2)(D), was a victim of domestic violence, sexual assault, or stalking. A court order protecting or separating the domestic employee, or individual described in paragraph (2)(D), from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the domestic employee, or individual described in paragraph (2)(D), 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 domestic employee, or individual described in paragraph (2)(D), is a victim of domestic violence, sexual assault, or stalking. The requirements of subparagraph
(B)shall apply to certifications under this paragraph, except that— subclauses
(III)through
(V)of clause
(ii)of such subparagraph 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 domestic employee to be absent from work, and the domestic employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and with respect to confidentiality under clause
(iv)of such subparagraph, any information provided to the employer under this subparagraph shall be confidential, except to the extent that any disclosure of such information is— requested or consented to in writing by the domestic employee; or otherwise required by applicable Federal or State law. An employer may not specify which of the forms of documentation described in subclause (I), (II), or
(III)of clause
(ii)is required to be provided in order to satisfy the requirement under clause (i). 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 (including sexual orientation and gender identity), age, disability, 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 an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater paid sick leave or other leave rights to domestic employees or other individuals than the rights established under this section. The rights established for domestic employees under this section shall not be diminished by any contract, any collective bargaining agreement, or any employment benefit program or plan. This section, other than subsection (b)(4)(B)(iii), takes effect 2 years after the date of enactment of this Act.
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- 42 USC 1320d–6
- 42 USC 1320d–2
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