,,ii #aafth ,,congress #b;d ,session ,s4 #cdae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbj,mrs4 ,murray 7for herself1 ,mr4 ,schumer1 ,mr4 ,durbin1 ,mr4 ,heinrich1 ,mr4 ,van ,hollen1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to allow ,americans to earn paid sick time so that they can address their own health needs and the health needs of their families4 #a4 ,short title ,this ,act may be cited as the ,paid ,sick ,days for ,public ,health ,emergencies and ,personal and ,family ,care ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,child ,the term child means a biological1 foster1 or adopted child1 a stepchild1 a child of a domestic partner1 a legal ward1 or a child of a person standing in loco parentis4 7#b7 ,domestic partner 7,a7 ,in general ,the term domestic partner1 with respect to an individual1 means another individual with whom the individual is in a committed relationship4 7,b7 ,committed relationship defined ,the term committed relationship means a relationship between #b individuals1 each at least #ah years of age1 in which each individual is the other individual's sole domestic partner and both individuals share responsibility for a significant measure of each other's common welfare4 ,the term includes any such relationship between #b individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state or political subdivision of a ,state as a marriage or analogous relationship1 including a civil union or domestic partnership4 7#c7 ,domestic violence ,the term domestic violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located4 ,such term also includes dating violence1 as that term is defined in such section4 7#d7 ,employee ,the term employee means an individual who is-- 7,a7 7i7 an employee1 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 who is not covered under subparagraph 7,e71 including such an employee of the ,library of ,congress1 except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#e77;,a72 or 7ii7 an employee of the ,government ,accountability ,office2 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,c7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 other than an applicant for employment2 7,d7 a covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,e7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code4 7#e7 ,employer 7,a7 ,in general ,the term employer means a person who is-- 7i7 7,i7 a covered employer1 as defined in subparagraph 7,b71 who is not covered under subclause 7,v72 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government71 as defined in subparagraph 7,b77iii74 7,b7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #a or more employees2 7,,ii7 includes-- 7aa7 any person who acts1 directly or indirectly1 in the interest of an employer to any of the employees of such employer2 and 7bb7 any successor in interest of an employer2 7,,iii7 includes any public agency1 as defined in section #c7x7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7x772 and 7,,iv7 includes the ,government ,accountability ,office and the ,library of ,congress4 7ii7 ,public agency ,for purposes of clause 7i77,,iv71 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7iii7 ,definitions ,for purposes of this subparagraph3 7,i7 ,commerce ,the terms commerce and industry or activity affecting commerce mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce1 and include commerce and any industry affecting commerce1 as defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb 7#a7 and 7#c774 7,,ii7 ,employee ,the term employee has the same meaning given such term in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e774 7,,iii7 ,person ,the term person has the same meaning given such term in section #c7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;a774 7,c7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7#f7 ,employment benefits ,the term employment benefits means all benefits provided or made available to employees by an employer1 including group life insurance1 health insurance1 disability insurance1 sick leave1 annual leave1 educational benefits1 and pensions1 regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 7#g7 ,health care provider ,the term health care provider means a provider who-- 7,a7 7i7 is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery 7as appropriate7 by the ,state in which the doctor practices2 or 7ii7 is any other person determined by the ,secretary to be capable of providing health care services2 and 7,b7 is not employed by an employer for whom the provider issues certification under this ,act4 7#h7 ,paid sick time ,the term paid sick time means an increment of compensated leave that-- 7,a7 can be-- 7i7 earned by an employee for use during an absence from employment for a reason described in any paragraph of section #c7;b72 or 7ii7 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 #c7;b72 and 7,b7 is compensated at a rate that is not less than the greatest of-- 7i7 the employee's regular rate of pay2 7ii7 the minimum wage rate provided for in section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7iii7 the minimum wage rate provided for in the applicable ,state or local law for the ,state or locality in which the employee is employed4 7#i7 ,parent ,the term parent means a biological1 foster1 or adoptive parent of an employee1 a stepparent of an employee1 parent-in-law1 parent of a domestic partner1 or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child4 7#aj7 ,public health emergency ,the term public health emergency means a public health emergency declared by the ,secretary of ,health and ,human ,services for a jurisdiction1 or by a ,state public health official with authority to declare such an emergency for the ,state or jurisdiction within the ,state4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#ac7 ,spouse ,the term spouse1 with respect to an employee1 has the meaning given such term by the marriage laws of the ,state in which the marriage was celebrated4 7#ad7 ,stalking ,the term stalking has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#ae7 ,state ,the term ,state has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#af7 ,victim services organization ,the term victim services organization means a nonprofit1 nongovernmental organization that provides assistance to victims of domestic violence1 sexual assault1 or stalking or advocates for such victims1 including a rape crisis center1 an organization carrying out a domestic violence1 sexual assault1 or stalking prevention or treatment program1 an organization operating a shelter or providing counseling services1 or a legal services organization or other organization providing assistance through the legal process4 #c4 ,paid sick time 7a7 ,earning of paid sick time 7#a7 ,in general ,subject to subsection 7c71 an employer shall provide each employee employed by the employer not less than #a hour of earned paid sick time for every #cj hours worked1 to be used as described in subsection 7b74 ,an employer shall not be required to permit an employee to earn1 under this subsection1 more than #ef hours of paid sick time in a year1 unless the employer chooses to set a higher limit4 7#b7 ,exempt employees 7,a7 ,in general ,except as provided in paragraph 7#c71 for purposes of this subsection1 an employee who is exempt from overtime requirements under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 shall be assumed to work #dj hours in each workweek4 7,b7 ,shorter normal workweek ,if the normal workweek of such an employee is less than #dj hours1 the employee shall earn paid sick time under this subsection based upon that normal workweek4 7#c7 ,dates for beginning to earn paid sick time and use 7,a7 ,in general ,employees shall begin to earn paid sick time under this subsection at the commencement of their employment4 ,an employee shall be entitled to use the earned paid sick time beginning on the #fjth calendar day following commencement of the employee's employment4 ,after that #fjth calendar day1 the employee may use the paid sick time as the time is earned4 ,an employer may1 at the discretion of the employer1 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 #fjth day of employment4 7,b7 ,public health emergency ,subparagraph 7,a7 shall not apply with respect to additional paid sick time provided under subsection 7c74 ,in the event of a public health emergency1 an employee may immediately use the additional or accrued paid sick time described in subsection 7c71 regardless of how long the employee has been employed by an employer4 7#d7 ,carryover 7,a7 ,in general ,except as provided in subparagraph 7,b71 paid sick time earned under this subsection shall carry over from #a year to the next4 7,b7 ,construction ,this subsection shall not be construed to require an employer to permit an employee to earn more than #ef hours of earned paid sick time at a given time4 7#e7 ,employers with existing policies ,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 subsection 7b7 shall not be required to permit an employee to earn more paid sick time under this subsection4 7#f7 ,construction ,nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination1 resignation1 retirement1 or other separation from employment for earned paid sick time that has not been used4 7#g7 ,reinstatement ,if an employee is separated from employment with an employer and is rehired1 within #ab months after that separation1 by the same employer1 the employer shall reinstate the employee's previously earned paid sick time under this subsection4 ,the employee shall be entitled to use the earned paid sick time and earn more paid sick time at the recommencement of employment with the employer4 7#h7 ,prohibition ,an employer may not require1 as a condition of providing paid sick time under this ,act1 that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time4 7b7 ,uses ,paid sick time under this section may be used by an employee for any of the following3 7#a7 ,an absence resulting from a physical or mental illness1 injury1 or medical condition of the employee4 7#b7 ,an absence resulting from obtaining professional medical diagnosis or care1 or preventive medical care1 for the employee4 7#c7 ,an absence resulting from the closure of an employee's place of employment by order of a ,federal or ,state public official with jurisdiction1 or at the employer's discretion1 due to a public health emergency4 7#d7 ,an absence because a ,federal or ,state public official with jurisdiction or a health care provider has determined that the employee's presence in the community may jeopardize the health of others because of the employee's exposure to a communicable disease during a public health emergency1 regardless of whether the employee has actually contracted the communicable disease4 7#e7 ,an absence for the purpose of caring for a child1 a parent1 a spouse1 a domestic partner1 or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship-- 7,a7 who is a child1 if the child's school or place of care has been closed by order of a ,federal or ,state public official with jurisdiction or at the discretion of the school or place of care due to a public health emergency1 including if a school or entity operating the place of care is physically closed but is providing education or care to the child remotely2 or 7,b7 because a ,federal or ,state public official with jurisdiction or a health care provider has determined that the presence in the community of the person receiving care may jeopardize the health of others because of the person's exposure to a communicable disease during a public health emergency1 regardless of whether the person has actually contracted the communicable disease4 7#f7 ,an absence for the purpose of caring for a child1 a parent1 a spouse1 a domestic partner1 or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship-- 7,a7 who has any of the conditions or needs for diagnosis or care described in paragraph 7#a7 or 7#b72 7,b7 who is a child1 if the employee is required to attend a school meeting or a meeting at a place where the child is receiving care necessitated by the child's health condition or disability2 or 7,c7 who is otherwise in need of care4 7#g7 ,an absence resulting from domestic violence1 sexual assault1 or stalking1 if the time is to-- 7,a7 seek medical attention for the employee or the employee's child1 parent1 spouse1 domestic partner1 or an individual related to the employee as described in paragraph 7#f71 to recover from physical or psychological injury or disability caused by domestic violence1 sexual assault1 or stalking2 7,b7 obtain or assist a related person described in paragraph 7#f7 in obtaining services from a victim services organization2 7,c7 obtain or assist a related person described in paragraph 7#f7 in obtaining psychological or other counseling2 7,d7 seek relocation2 or 7,e7 take legal action1 including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence1 sexual assault1 or stalking4 7c7 ,additional paid sick time for public health emergency 7#a7 ,additional paid sick time ,on the date of a declaration of a public health emergency1 an employer in the jurisdiction involved shall provide each employee of the employer in that jurisdiction with additional paid sick time1 in addition to any amount of paid sick time accrued by the employee under subsection 7a7 7including paid leave referred to in subsection 7a77#d774 7#b7 ,amount of paid sick time ,in receiving additional paid sick time under paragraph 7#a71 the employee shall receive-- 7,a7 for a full-time salaried employee1 a specified amount of paid sick time that is sufficient to provide the employee with #ad continuous days away from work without a reduction in pay2 and 7,b7 for a part-time or hourly employee1 a specified amount of paid sick time equal to the number of hours that the employee was scheduled to work or1 if not so scheduled1 regularly works in a #ad-;day period4 7#c7 ,use of leave ,the additional sick time and accrued sick time described in this subsection shall be available for immediate use by the employee for the purposes described in any paragraph of subsection 7b7 beginning on the date a public health emergency is declared1 regardless of how long the employee has been employed by an employer4 7#d7 ,sequencing ,during the public health emergency1 an employee may first use the additional sick time for those purposes4 ,the employee may then use the accrued sick time during the public health emergency1 or retain the accrued sick time for use after the public health emergency4 ,an employer may not require an employee to use the accrued sick time1 or any other paid leave provided by the employer to the employee1 before using the additional sick time4 7#e7 ,periods ,an employee may take the additional sick time on the schedule that meets the employee's needs1 consistent with subsection 7b71 including taking the additional sick time intermittently or on a reduced leave schedule1 and an employer may not require an employee to take the additional sick time in a single period or on any other schedule specified by the employer4 7d7 ,scheduling ,an employee shall make a reasonable effort to schedule a period of accrued paid sick time under subsection 7a7 in a manner that does not unduly disrupt the operations of the employer4 7e7 ,procedures 7#a7 ,in general ,paid sick time shall be provided upon the oral or written request of an employee4 ,such request shall-- 7,a7 include the expected duration of the period of such time2 7,b7 in a case in which the need for such period of time is foreseeable at least #g days in advance of such period1 be provided at least #g days in advance of such period2 and 7,c7 otherwise1 be provided as soon as practicable after the employee is aware of the need for such period4 7#b7 ,certification in general 7,a7 ,provision 7i7 ,in general ,subject to subparagraphs 7,c7 and 7,d71 an employer may require that a request for paid sick time under this section for a purpose described in paragraph 7#a71 7#b71 or 7#f7 of subsection 7b7 be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection 7b77#f71 as appropriate1 if the period of such time covers more than #c consecutive workdays4 7ii7 ,timeliness ,the employee shall provide a copy of such certification to the employer in a timely manner1 not later than #cj days after the first day of the period of time4 ,the employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification4 7,b7 ,sufficient certification 7i7 ,in general ,a certification provided under subparagraph 7,a7 shall be sufficient if it states-- 7,i7 the date on which the period of time will be needed2 7,,ii7 the probable duration of the period of time2 7,,iii7 the appropriate medical facts within the knowledge of the health care provider regarding the condition involved1 subject to clause 7ii72 and 7,,iv7 7aa7 for purposes of paid sick time under subsection 7b77#a71 a statement that absence from work is medically necessary2 7bb7 for purposes of such time under subsection 7b77#b71 the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care2 and 7cc7 for purposes of such time under subsection 7b77#f71 in the case of time to care for someone who is not a child1 a statement that care is needed for an individual described in such subsection1 and an estimate of the amount of time that such care is needed for such individual4 7ii7 ,limitation ,in issuing a certification under subparagraph 7,a71 a health care provider shall make reasonable efforts to limit the medical facts described in clause 7i77,,iii7 that are disclosed in the certification to the minimum necessary to establish a need for the employee to utilize paid sick time4 7,c7 ,public health emergencies ,no certification or other documentation may be required under this ,act by an employer during any public health emergency4 7,d7 ,regulations ,regulations prescribed under section #ab shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph4 7,e7 ,confidentiality and nondisclosure 7i7 ,protected health information ,nothing in this ,act shall be construed to require a health care provider to disclose information in violation of section #aagg of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#f7 or the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7ii7 ,health information records ,if an employer possesses health information about an employee or an employee's child1 parent1 spouse1 domestic partner1 or an individual related to the employee as described in subsection 7b77#f71 such information shall-- 7,i7 be maintained on a separate form and in a separate file from other personnel information2 7,,ii7 be treated as a confidential medical record2 and 7,,iii7 not be disclosed except to the affected employee or with the permission of the affected employee4 7#c7 ,certification in the case of domestic violence1 sexual assault1 or stalking 7,a7 ,in general ,an employer may require that a request for paid sick time under this section for a purpose described in subsection 7b77#g7 be supported by any one of the following forms of documentation1 but the employer may not specify the particular form of documentation to be provided3 7i7 ,a police report indicating that the employee1 or a member of the employee's family described in subsection 7b77#g71 was a victim of domestic violence1 sexual assault1 or stalking4 7ii7 ,a court order protecting or separating the employee or a member of the employee's family described in subsection 7b77#g7 from the perpetrator of an act of domestic violence1 sexual assault1 or stalking1 or other evidence from the court or prosecuting attorney that the employee or a member of the employee's family described in subsection 7b77#g7 has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence1 sexual assault1 or stalking4 7iii7 ,other documentation signed by an employee or volunteer working for a victim services organization1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 or a member of the clergy1 affirming that the employee or a member of the employee's family described in subsection 7b77#g7 is a victim of domestic violence1 sexual assault1 or stalking4 7,b7 ,requirements ,the requirements of paragraph 7#b7 shall apply to certifications under this paragraph1 except that-- 7i7 subclauses 7,,iii7 and 7,,iv7 of subparagraph 7,b77i7 and subparagraph 7,b77ii7 of such paragraph shall not apply2 7ii7 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 work1 and the employee shall not be required to explain the details of the domestic violence1 sexual assault1 or stalking involved2 and 7iii7 with respect to confidentiality under subparagraph 7,e7 of such paragraph1 any information provided to the employer under this paragraph shall be confidential1 except to the extent that any disclosure of such information is-- 7,i7 requested or consented to in writing by the employee2 or 7,,ii7 otherwise required by applicable ,federal or ,state law4 #d4 ,notice requirement 7a7 ,in general ,each employer shall notify each employee and include in any employee handbook the information described in paragraphs 7#a7 through 7#d74 ,each employer shall post and keep posted a notice1 to be prepared or approved in accordance with procedures specified in regulations prescribed under section #ab1 setting forth excerpts from1 or summaries of1 the pertinent provisions of this ,act including-- 7#a7 information describing paid sick time available to employees under this ,act2 7#b7 information pertaining to the filing of an action under this ,act2 7#c7 the details of the notice requirement for a foreseeable period of time under section #e7;e77#a77;,b72 and 7#d7 information that describes-- 7,a7 the protections that an employee has in exercising rights under this ,act2 and 7,b7 how the employee can contact the ,secretary 7or other appropriate authority as described in section #f7 if any of the rights are violated4 7b7 ,location ,the notice described under subsection 7a7 shall be posted-- 7#a7 in conspicuous places on the premises of the employer1 where notices to employees 7including applicants7 are customarily posted2 or 7#b7 in employee handbooks4 7c7 ,violation2 penalty ,any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed #ajj for each separate offense4 #e4 ,prohibited acts 7a7 ,interference with rights 7#a7 ,exercise of rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this ,act1 including-- 7,a7 discharging or discriminating against 7including retaliating against7 any individual1 including a job applicant1 for exercising1 or attempting to exercise1 any right provided under this ,act2 7,b7 using the taking of paid sick time under this ,act as a negative factor in an employment action1 such as hiring1 promotion1 reducing hours or number of shifts1 or a disciplinary action2 or 7,c7 counting the paid sick time under a no-fault attendance policy or any other absence control policy4 7#b7 ,discrimination ,it shall be unlawful for any employer to discharge or in any other manner discriminate against 7including retaliating against7 any individual1 including a job applicant1 for opposing any practice made unlawful by this ,act4 7b7 ,interference with proceedings or inquiries ,it shall be unlawful for any person to discharge or in any other manner discriminate against 7including retaliating against7 any individual1 including a job applicant1 because such individual-- 7#a7 has filed an action1 or has instituted or caused to be instituted any proceeding1 under or related to this ,act2 7#b7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7#c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 7c7 ,construction ,nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section #aje of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfae7 is less than the scope of the activities prohibited by this section4 #f4 ,enforcement authority 7a7 ,in general 7#a7 ,definition ,in this subsection-- 7,a7 the term employee means an employee described in subparagraph 7,a7 or 7,b7 of section #b7d72 and 7,b7 the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #b7e77;,a77i74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of this ,act1 or any regulation or order issued under this ,act1 the ,secretary shall have1 subject to subparagraph 7,c71 the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 employees1 and other individuals affected4 7,b7 ,obligation to keep and preserve records ,an employer shall make1 keep1 and preserve records pertaining to compliance with this ,act in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary4 7,c7 ,required submissions generally limited to an annual basis ,the ,secretary shall not require1 under the authority of this paragraph1 an employer to submit to the ,secretary any books or records more than once during any #ab-month period1 unless the ,secretary has reasonable cause to believe there may exist a violation of this ,act or any regulation or order issued pursuant to this ,act1 or is investigating a charge pursuant to paragraph 7#d74 7,d7 ,subpoena authority ,for the purposes of any investigation provided for in this paragraph1 the ,secretary shall have the subpoena authority provided for under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7#c7 ,civil action by employees or individuals 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of-- 7i7 the employees or individuals2 or 7ii7 the employees or individuals and others similarly situated4 7,b7 ,liability ,any employer who violates section #e 7including a violation relating to rights provided under section #c7 shall be liable to any employee or individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained as a direct result of the violation up to a sum equal to #ef hours of wages or salary for the employee or individual1 or the specified period described in section #c7;c77#c71 or a combination of those hours and that period1 as the case may be2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,c7 ,fees and costs ,the court in an action under this paragraph shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7#d7 ,action by the ,secretary 7,a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of section #e 7including a violation relating to rights provided under section #c7 in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#c77;,b77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each employee or individual affected4 ,any such sums not paid to an employee or individual affected because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7#e7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under paragraph 7#c71 7#d71 or 7#f7 not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,willful violation ,in the case of an action brought for a willful violation of section #e 7including a willful violation relating to rights provided under section #c71 such action may be brought within #c years of the date of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,in determining when an action is commenced under paragraph 7#c71 7#d71 or 7#f7 for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#f7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7,a7 to restrain violations of section #e 7including a violation relating to rights provided under section #c71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to employees or individuals eligible under this ,act2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#g7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under paragraph 7#d7 or 7#f74 7#h7 ,government ,accountability ,office and ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary of ,labor under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of subsection 7a77#a7 of section #bjb of that ,act 7#b ,u4,s4,c4 #acab7 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,c74 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,d74 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #b7d77;,e74 7e7 ,remedies for ,state employees 7#a7 ,waiver of sovereign immunity ,a ,state's receipt or use of ,federal financial assistance for any program or activity of a ,state shall constitute a waiver of sovereign immunity1 under the #aath ,amendment to the ,constitution or otherwise1 to a suit brought by an employee of that program or activity under this ,act for equitable1 legal1 or other relief authorized under this ,act4 7#b7 ,official capacity ,an official of a ,state may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection 7a77#c71 for injunctive relief that is authorized under this ,act4 ,in such a suit the court may award to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7#c7 ,applicability ,with respect to a particular program or activity1 paragraph 7#a7 applies to conduct occurring on or after the day1 after the date of enactment of this ,act1 on which a ,state first receives or uses ,federal financial assistance for that program or activity4 7#d7 ,definition of program or activity ,in this subsection1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 #g4 ,authorization of appropriations for education and outreach ,there is authorized to be appropriated to the ,secretary of ,labor such sums as may be necessary in order that the ,secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this ,act4 #h4 ,collection of data on paid sick time and further study 7a7 ,compilation of information ,the ,commissioner of ,labor ,statistics shall annually compile information on the following3 7#a7 ,the amount of paid sick time available to employees by occupation and type of employment establishment4 7#b7 ,an estimate of the average sick time used by employees according to occupation and the type of employment establishment4 7b7 ,,gao study ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study to evaluate the implementation of this ,act4 ,such study shall include an estimation of employees' access to paid sick time1 employees' awareness of their rights under this ,act1 and employers' experiences complying with this ,act4 ,such study shall take into account access1 awareness and experiences of employees by race1 ethnicity1 gender1 and occupation4 7c7 ,report ,upon completion of the study required by subsection 7b71 the ,comptroller ,general of the ,united ,states shall prepare and submit a report to the appropriate committees of ,congress concerning the results of the study and the information compiled pursuant to subsection 7a74 #i4 ,effect on other laws 7a7 ,federal and ,state antidiscrimination laws ,nothing in this ,act shall be construed to modify or affect any ,federal or ,state law prohibiting discrimination on the basis of race1 religion1 color1 national origin1 sex1 age1 disability1 sexual orientation1 gender identity1 marital status1 familial status1 or any other protected status4 7b7 ,state and local laws ,nothing in this ,act shall be construed to supersede 7including preempting7 any provision of any ,state or local law that provides greater paid sick time or leave rights 7including greater amounts of paid sick time or leave1 or greater coverage of those eligible for paid sick time or leave7 than the rights established under this ,act4 #aj4 ,effect on existing employment benefits 7a7 ,more protective ,nothing in this ,act shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this ,act4 7b7 ,less protective ,the rights established for employees under this ,act shall not be diminished by any contract1 collective bargaining agreement1 or any employment benefit program or plan4 #aa4 ,encouragement of more generous leave policies ,nothing in this ,act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this ,act4 #ab4 ,regulations 7a7 ,in general 7#a7 ,authority ,except as provided in paragraph 7#b7 and subject to subsection 7e71 not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in subparagraph 7,a7 or 7,b7 of section #b7d7 and other individuals affected by employers described in subclause 7,i7 or 7,,ii7 of section #b7e77;,a77i74 7#b7 ,government ,accountability ,office2 ,library of ,congress ,subject to subsection 7e71 the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall prescribe the regulations with respect to employees of the ,government ,accountability ,office and the ,library of ,congress1 respectively1 and other individuals affected by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,board of ,directors of the ,office of ,compliance shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,c7 and other individuals affected by employers described in section #b7e77;,a77i77,,iii74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,board may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,president 7or the designee of the ,president7 shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,d7 and other individuals affected by employers described in section #b7e77;,a77i77,,iv74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,president 7or designee7 may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code 7#a7 ,authority ,subject to subsection 7e71 not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,director of the ,office of ,personnel ,management shall prescribe such regulations as are necessary to carry out this ,act with respect to employees described in section #b7d77;,e7 and other individuals affected by employers described in section #b7e77;,a77i77,v74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this ,act except insofar as the ,director may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7e7 ,immediate compliance ,the rights and responsibilities specified in this ,act shall take effect on the date of enactment of this ,act and employers and other persons subject to those responsibilities shall comply immediately1 without regard whether regulations have been prescribed under this section4 #ac4 ,effective dates 7a7 ,in general ,this ,act takes effect on the date of enactment of this ,act4 7b7 ,previous declarations ,if a public health emergency was declared before and remains in effect on the date of enactment of this ,act1 for purposes of this ,act 7and in particular section #c7;c7 of this ,act7 the public health emergency shall be considered to have been declared on the date of enactment of this ,act4