Sec. 5110. DEFINITIONS
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## SEC. 5110 DEFINITIONS **[**[29 U.S.C. 2601 note](/us/usc/t29/s2601)**]** For purposes of the Act: ####
(1)Employee The term “**employee**” means an individual who is— #####
(A)######
(i)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 subparagraph
(E)or (F), 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 clauses (i)(I) and
(ii)of paragraph (2)(A); or ######
(ii)an employee of the Government Accountability Office; #####
(B)a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); #####
(C)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; #####
(D)a covered employee, as defined in section 411(c) of title 3, United States Code; #####
(E)a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or #####
(F)any other individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code). ####
(2)Employer #####
(A)In general The term “**employer**” means a person who is— ######
(i)######
(I)a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); ######
(II)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; ######
(III)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; ######
(IV)an employing office, as defined in section 411(c) of title 3, United States Code; or ######
(V)an Executive Agency as defined in section 105 of title 5, United States Code, and including the U.S. Postal Service and the Postal Regulatory Commission; and ######
(ii)engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). #####
(B)Covered employer ######
(i)In general In subparagraph (A)(i)(I), the term “**covered employer**”— ######
(I)means any person engaged in commerce or in any industry or activity affecting commerce that— ######
(aa)in the case of a private entity or individual, employs fewer than 500 employees; and ######
(bb)in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees; ######
(II)includes— ######
(aa)includes any person acting directly or indirectly in the interest of an employer in relation to an employee (within the meaning of such phrase in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)); and ######
(bb)any successor in interest of an employer; ######
(III)includes any “**public agency**”, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and ######
(IV)includes the Government Accountability Office and the Library of Congress. ######
(ii)Public agency 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. ######
(iii)Definitions For purposes of this subparagraph: ######
(I)Commerce The terms “**commerce**” and “**industry or activity affecting commerce**” means 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 of 1947 (29 U.S.C. 142
(1)and (3)). ######
(II)Employee The term “**employee**” has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)). ######
(III)Person The term “**person**” has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). ####
(3)FLSA terms The terms “**employ**” and “**State**” have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ####
(4)FMLA terms The terms “**health care provider**” and “**son or daughter**” have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). ####
(5)Paid sick time #####
(A)In general The term “**paid sick time**” means an increment of compensated leave that— ######
(i)is provided by an employer for use during an absence from employment for a reason described in any paragraph of section 2(a); and ######
(ii)is calculated based on the employee’s required compensation under subparagraph
(B)and the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)), except that in no event shall such paid sick time exceed— ######
(I)$511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or
(3)of section 5102(a); and ######
(II)$200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or
(6)of section 5102(a). #####
(B)Required compensation ######
(i)In general Subject to subparagraph (A)(ii), the employee’s required compensation under this subparagraph shall be not less than the greater of the following: ######
(I)The employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)). ######
(II)The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). ######
(III)The minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed. ######
(ii)Special rule for care of family members Subject to subparagraph (A)(ii), with respect to any paid sick time provided for any use described in paragraph (4), (5), or
(6)of section 5102(a), the employee’s required compensation under this subparagraph shall be two-thirds of the amount described in clause (B)(i). #####
(C)Varying schedule hours calculation In the case of a part-time employee described in section 5102(b)(2)(B) whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if such employee had not taken paid sick time under section 2(a), the employer shall use the following in place of such number: ######
(i)Subject to clause (ii), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the employee took leave of any type. ######
(ii)If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work. #####
(D)Guidelines Not later than 15 days after the date of the enactment of this Act, the Secretary of Labor shall issue guidelines to assist employers in calculating the amount of paid sick time under subparagraph (A). #####
(E)Reasonable notice After the first workday (or portion thereof) an employee receives paid sick time under this Act, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time.
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Sec. 5110
DEFINITIONS
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