,,ii #aafth ,,congress #b;d ,session ,s4 #ceac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag1 #bjbj,mrs4 ,murray 7for herself1 ,mrs4 ,gillibrand1 ,mr4 ,schumer1 ,mr4 ,durbin1 ,mr4 ,brown1 ,mr4 ,wyden1 ,ms4 ,warren1 ,mr4 ,sanders1 ,ms4 ,harris1 ,ms4 ,duckworth1 ,mr4 ,blumenthal1 ,mr4 ,whitehouse1 ,mr4 ,van ,hollen1 ,ms4 ,hirono1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide ,americans with paid sick time and paid leave 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 ,providing ,americans ,insured ,days of ,leave ,act of #bjbj4 ,i ,displacement of the ,leave ,provisions of the ,families ,first ,coronavirus ,response ,act #aja4 ,repeals of portions of the ,families ,first ,coronavirus ,response ,act 7a7 ,after enactment ,if this ,act is enacted after the ,families ,first ,coronavirus ,response ,act is enacted1 divisions ,c1 ,e1 and ,g of that ,act are repealed1 and all amendments made by those divisions shall be considered to have no force and effect4 7b7 ,before enactment ,if this ,act is enacted before the ,families ,first ,coronavirus ,response ,act is enacted1 effective #a day after the date of enactment of that ,act1 divisions ,c1 ,e1 and ,g of that ,act are repealed1 and all amendments made by those divisions shall be considered to have no force and effect4 ,,ii ,immediate ,reimbursement of ,employers for ,paid ,sick ,days and ,paid ,leave for ,public ,health ,emergencies #bja4 ,immediate reimbursement of employers for paid sick days and paid leave for public health emergencies 7a7 ,in general 7#a7 ,reimbursement ,an employer of a covered individual who uses paid sick time or emergency paid leave under title ,,iii during a public health emergency shall be reimbursed by the ,secretary of the ,treasury out of the ,treasury of the ,united ,states for the wages paid to the covered individual for the period during which the covered individual used the paid sick time or emergency paid leave4 7#b7 ,process 7,a7 ,information ,to be eligible to receive such reimbursement1 the employer shall submit to the ,secretary of ,labor an affidavit that attests that the employer provided such paid sick time or emergency paid leave1 and related records showing the period of and wages associated with the paid sick time or emergency paid leave4 7,b7 ,determination ,the ,secretary shall review the information in the affidavit and records and come to a determination regarding the validity of such information within #e business days after receipt4 ,if the ,secretary does not make a determination within the #e-;business-day period1 on the sixth business day after receipt of such information the ,secretary shall be deemed to have determined the information to be valid4 7,c7 ,reimbursement ,upon the ,secretary's determination that the information is valid and that the employer provided an amount of such paid sick time or emergency paid leave to a covered individual1 the ,secretary shall transmit the determination1 affidavit1 and records to the ,secretary of the ,treasury1 and the ,secretary of the ,treasury shall provide timely reimbursement out of the ,treasury of the ,united ,states4 ,the ,secretary of the ,treasury shall provide that reimbursement not later than #b business days after receipt of the determination from the ,secretary of ,labor4 7b7 ,fraud ,the ,secretary of ,labor and the ,secretary of the ,treasury shall both have authority to investigate fraud under this section and to seek recovery of fraudulently obtained funds and related penalties in any court of competent jurisdiction4 7c7 ,application 7#a7 ,in general ,except as provided for in paragraph 7#b71 this section shall apply to all paid sick time and emergency paid leave provided by employers under title ,,iii during calendar year #bjbj and calendar year #bjba4 7#b7 ,future application ,to additional paid sick time ,this section shall apply to all additional paid sick time provided by employers under title ,,iii during any calendar year4 ,,iii ,paid ,sick ,days and ,paid ,leave for ,public ,health ,emergencies #cja4 ,definitions ,in title ,,ii and this title3 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 ,covered individual ,the term covered individual means an individual who is-- 7,a7 an employee2 or 7,b7 an individual performing any services or labor for remuneration for an employer1 regardless of whether the individual is classified as an independent contractor by the employer4 7#c7 ,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#d7 ,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#e7 ,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 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#f77;,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 ,code1 or any other individual occupying a position in the civil service 7as that term is defined in section #bajb7a7 of title #e1 ,united ,states ,code74 7#f7 ,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 one or more employees2 7,,ii7 includes-- 7aa7 any person who acts directly or indirectly in the interest of 7within the meaning of section #c7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;d777 an employer in relation 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 ,office4 7ii7 ,public agency ,for purposes of subclause 7,,iii7 or 7,,iv7 of clause 7i71 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#g7 ,employment benefits ,the term employment benefits means all benefits provided or made available to covered individuals 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#h7 ,,flsa terms ,the terms employ and ,state have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#i7 ,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 title4 7#aj7 ,paid sick time ,the term paid sick time means an increment of compensated leave that-- 7,a7 can be-- 7i7 earned by a covered individual for use during an absence from employment or work for a reason described in any paragraph of section #cjb7;b72 or 7ii7 provided by an employer during a public health emergency for use during an absence from employment or work for a reason described in any paragraph of section #cjb7;b72 and 7,b7 is compensated at a rate that is not less than the greatest of-- 7i7 the covered individual'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 covered individual is employed or works4 7#aa7 ,parent ,the term parent means a biological1 foster1 or adoptive parent of a covered individual1 a stepparent of a covered individual1 a parent-in-law of a covered individual1 a parent of a domestic partner of a covered individual1 or a legal guardian or other person who stood in loco parentis to a covered individual when the covered individual was a child4 7#ab7 ,public health emergency ,the term public health emergency means-- 7,a7 a public health emergency-- 7i7 declared by the ,secretary of ,health and ,human ,services for a jurisdiction1 or by a ,state or local public health official with authority to declare such an emergency for the ,state or jurisdiction within the ,state2 and 7ii7 due to a public health condition that is-- 7,i7 emergent and acute2 and 7,,ii7 not a longstanding1 chronic public health condition2 and 7,b7 an emergency with respect to coronavirus1 as defined in section #ejf of the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc71 declared by a ,federal1 ,state1 or local public official4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ad7 ,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#ae7 ,spouse ,the term spouse1 with respect to a covered individual1 has the meaning given such term by the marriage laws of the ,state in which the marriage was celebrated4 7#af7 ,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#ag7 ,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#ah7 ,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 7#ai7 ,work ,the term work means to be employed or to be engaged in providing labor or services for an employer4 #cjb4 ,paid sick time and emergency paid leave 7a7 ,earning of paid sick time 7#a7 ,in general 7,a7 ,earning ,subject to subsection 7c7 and paragraph 7#b71 an employer shall provide each covered individual employed by or working for 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 7,b7 ,limit ,an employer shall not be required to permit a covered individual 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 ,covered individuals shall begin to earn paid sick time under this subsection at the commencement of their employment or work4 ,a covered individual shall be entitled to use the earned paid sick time beginning on the #fjth calendar day following commencement of the covered individual's employment or work4 ,after that #fjth calendar day1 the covered individual 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 a covered individual for use by such covered individual in advance of the covered individual earning such sick time as provided in this subsection and may permit use before the #fjth day of employment or work4 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 a covered individual may immediately use the accrued or additional paid sick time described in subsection 7c71 regardless of how long the covered individual has been employed by or working for 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 a covered individual 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 a covered individual 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 a covered individual from an employer upon the covered individual's termination1 resignation1 retirement1 or other separation from employment or work for paid sick time that has not been used4 7#g7 ,reinstatement ,if a covered individual is separated from employment or work with an employer and is rehired or reengaged for work1 within #ab months after that separation1 by the same employer1 the employer shall reinstate the covered individual's previously earned paid sick time under this subsection4 ,the covered individual shall be entitled to use the earned paid sick time and earn more paid sick time at the recommencement of employment or work with the employer4 7#h7 ,prohibition ,an employer may not require1 as a condition of providing paid sick time under this title1 that the covered individual involved search for or find a replacement covered individual to cover the hours during which the covered individual is using paid sick time4 7#i7 ,scheduling ,a covered individual shall make a reasonable effort to schedule a period of accrued paid sick time under this subsection in a manner that does not unduly disrupt the operations of the employer4 7b7 ,uses ,paid sick time or emergency paid leave under this section may be used by a covered individual for any of the following3 7#a7 ,an absence resulting from a physical or mental illness1 injury1 or medical condition of the covered individual4 7#b7 ,an absence resulting from obtaining professional medical diagnosis or care1 or preventive medical care1 for the covered individual4 7#c7 ,an absence resulting from the closure of a covered individual's place of employment or work 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 determined1 or the covered individual has independently determined1 that the covered individual's presence in the community may jeopardize the health of others because of the covered individual's exposure to a communicable disease during a public health emergency or the exhibition of symptoms of a communicable disease during a public health emergency1 regardless of whether the covered individual 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 covered individual 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#d72 7,b7 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,c7 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 covered individual 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 covered individual 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 covered individual or the covered individual's child1 parent1 spouse1 domestic partner1 or an individual related to the covered individual 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 covered individual of the employer in that jurisdiction with additional paid sick time1 in addition to any amount of paid sick time accrued by the covered individual under subsection 7a7 7including paid leave referred to in subsection 7a77#e774 7#b7 ,amount of paid sick time ,in receiving additional paid sick time under paragraph 7#a71 the covered individual shall receive-- 7,a7 for a full-time salaried covered individual1 a specified amount of paid sick time that is sufficient to provide the covered individual with #ad continuous days away from work without a reduction in pay2 and 7,b7 subject to paragraph 7#c71 for a part-time1 hourly1 or piece-rate covered individual1 a specified amount of paid sick time equal to the number of hours that the covered individual was scheduled to work or1 if not so scheduled1 regularly works in a #ad-;day period4 7#c7 ,varying schedule hours calculation 7,a7 ,in general ,in the case of a part-time1 hourly1 or piece-rate covered individual described in paragraph 7#b77;,b7 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 covered individual regularly works1 the employer shall use the rules specified in subparagraph 7,b7 to calculate the amount of additional paid sick time that the covered individual shall receive under paragraph 7#b77;,b74 7,b7 ,special calculation rules ,the employer shall calculate that amount as-- 7i7 subject to clause 7ii71 a number equal to the average number of hours that the covered individual was scheduled to work per #ad-;day period over the #f-month period ending on the date on which the covered individual takes such additional paid sick time1 including hours for which the covered individual took leave of any type2 or 7ii7 if the covered individual did not work over such #f-month period1 the reasonable expectation of the covered individual at the time of hiring or engagement of the average number of hours per #ad-;day period that the covered individual would regularly be scheduled to work4 7#d7 ,guidelines ,not later than #e days after the date of the enactment of this ,act1 the ,secretary of ,labor shall issue guidelines to assist employers in calculating the amount of additional paid sick time that a covered individual shall receive under this subsection4 7#e7 ,use of leave ,the additional sick time and accrued sick time described in this subsection shall be available for immediate use by the covered individual 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 covered individual has been employed by or working for an employer4 7#f7 ,periods ,a covered individual may take the additional sick time on the schedule that meets the covered individual'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 a covered individual to take the additional sick time in a single period or on any other schedule specified by the employer4 7d7 ,emergency paid leave for public health emergency 7#a7 ,in general ,subject to section #dja1 during a public health emergency1 an employer in the jurisdiction involved shall provide each covered individual of the employer in that jurisdiction with emergency paid leave1 in addition to any amount of paid sick time accrued by the covered individual under subsection 7a7 7including paid leave referred to in subsection 7a77#e77 and in addition to additional paid sick time under subsection 7c74 7#b7 ,amount of paid leave ,in receiving emergency paid leave under paragraph 7#a71 the covered individual shall receive #ab weeks of such paid leave4 7#c7 ,amount of benefit ,in receiving emergency paid leave under paragraph 7#a71 the covered individual shall be compensated at a rate that is not less than the greatest of-- 7,a7 two-thirds of the covered individual's regular rate of pay2 7,b7 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 7,c7 the minimum wage rate provided for in the applicable ,state or local law for the ,state or locality in which the covered individual is employed or working4 7#d7 ,use of leave ,the emergency paid leave described in this subsection shall be available for immediate use by the covered individual for the purposes described in any paragraph of subsection 7b71 and for qualified caregiving1 as defined in section #djb and in a manner such that section #djd7;j7 shall apply1 beginning on the date a public health emergency is declared1 regardless of how long the covered individual has been employed by or working for an employer4 7#e7 ,periods ,a covered individual may take the emergency paid leave on the schedule that meets the covered individual's needs1 consistent with subsection 7b7 and section #djb1 including taking the emergency paid leave intermittently or on a reduced leave schedule1 and an employer may not require a covered individual to take the emergency paid leave in a single period or on any other schedule specified by the employer4 7#f7 ,sequencing ,during a public health emergency1 a covered individual may first use the additional sick time for the purposes described in any paragraph of subsection 7b74 ,the covered individual may then use the emergency paid leave during a public health emergency4 ,a covered individual may elect to use accrued sick time before additional sick time or emergency paid leave4 ,an employer may not require a covered individual to use accrued sick time or any other paid leave provided by the employer to the covered individual1 before using additional sick time or emergency paid leave4 7#g7 ,construction ,nothing in this section shall be construed as requiring financial or other reimbursement to a covered individual from an employer upon the covered individual's termination1 resignation1 retirement1 or other separation from employment or work for emergency paid leave that has not been used4 7#h7 ,prohibition ,an employer may not require1 as a condition of providing emergency paid leave under this title1 that the covered individual involved search for or find a replacement covered individual to cover the hours during which the covered individual is using emergency paid leave4 7e7 ,procedures 7#a7 ,in general ,paid sick time and emergency paid leave shall be provided upon the oral or written request of a covered individual4 ,such request shall-- 7,a7 include the expected duration of the period of such time or leave2 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 covered individual 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 covered individual 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 covered individual 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 covered individual to utilize paid sick time4 7,c7 ,public health emergencies ,no certification or other documentation may be required under this title by an employer during any public health emergency4 7,d7 ,regulations ,regulations prescribed under section #caa shall specify the manner in which a covered individual 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 title 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 a covered individual or a covered individual's child1 parent1 spouse1 domestic partner1 or an individual related to the covered individual 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 covered individual or with the permission of the affected covered individual4 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 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 covered individual1 or a member of the covered individual'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 covered individual or a member of the covered individual'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 covered individual or a member of the covered individual'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 a covered individual 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 covered individual or a member of the covered individual'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 covered individual to be absent from work1 and the covered individual 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 covered individual2 or 7,,ii7 otherwise required by applicable ,federal or ,state law4 7f7 ,restoration to position ,the provisions of section #ajd7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfad7;a77 or section #fchd of title #e1 ,united ,states ,code1 as the case may be1 shall apply to a covered individual taking accrued or additional paid sick time1 or emergency paid leave1 under this title1 and to the employer of the covered individual4 ,such provisions shall be enforced in accordance with this title4 7g7 ,maintenance of health benefits ,the provisions of section #ajd7;c77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfad7;c77#a77 shall apply to a covered individual taking accrued or additional paid sick time1 or emergency paid leave1 under this title1 and to the employer of the covered individual4 ,such provisions shall be enforced in accordance with this title4 7h7 ,no effect on eligibility for supplemental security income ,any paid sick time or emergency paid leave provided to a covered individual under this title shall not be regarded as income or resources for any month1 for purposes of determining the eligibility of the recipient 7or the recipient's spouse or family7 for benefits or assistance1 or the amount or extent of benefits or assistance1 under the supplemental security income program established under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq474 #cjc4 ,employment under multiemployer collective bargaining agreements 7a7 ,employers ,an employer signatory to a multiemployer collective bargaining agreement may1 consistent with its bargaining obligations and its collective bargaining agreement1 fulfill its obligations under this title by making contributions to a multiemployer fund1 plan1 or program based on the hours of paid sick time1 and of emergency paid leave1 each of its employees is entitled to under this title while working under the multiemployer collective bargaining agreement1 provided that the fund1 plan1 or program enables employees to secure pay from such fund1 plan1 or program based on the hours the employees have worked under the multiemployer collective bargaining agreement and for the amount of time and uses specified under this title4 7b7 ,employees ,employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subsection 7a7 may secure pay from such fund1 plan1 or program based on hours the employees have worked under the multiemployer collective bargaining agreement for the amount of time and uses specified under this title4 #cjd4 ,notice requirement 7a7 ,in general ,each employer shall notify each covered individual and include in any covered individual 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 #caa1 setting forth excerpts from1 or summaries of1 the pertinent provisions of this title including-- 7#a7 information describing paid sick time and paid emergency leave available to covered individuals under this title2 7#b7 information pertaining to the filing of an action under this title2 7#c7 the details of the notice requirement for a foreseeable period of time under section #cjb7;e77#a77;,b72 and 7#d7 information that describes-- 7,a7 the protections that a covered individual has in exercising rights under this title2 and 7,b7 how the covered individual can contact the ,secretary 7or other appropriate authority as described in section #cjf7 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 covered individuals 7including applicants7 are customarily posted2 or 7#b7 in covered individual handbooks4 7c7 ,model notice ,not later than #e days after the date of enactment of this ,act1 the ,secretary of ,labor shall make publicly available a model notice that meets the requirements of subsection 7a74 7d7 ,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 #cje4 ,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 title1 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 title2 7,b7 using the taking of paid sick time or emergency paid leave under this title as a negative factor in an employment action or work-related action1 such as hiring1 promotion1 reducing hours or number of shifts1 or a disciplinary action2 or 7,c7 counting the paid sick time or emergency paid leave 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 title4 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 title2 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 title2 or 7#c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this title4 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 #cjf4 ,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 #cja7e7 or a corresponding covered individual2 and 7,b7 the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #cja7f77;,a77i74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of this title1 or any regulation or order issued under this title1 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 title 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 title or any regulation or order issued pursuant to this title1 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,c7 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 ,no waiver ,in such an action brought by one or more employees or individuals or their representative for and on behalf of the persons described in clause 7i7 or 7ii7 of subparagraph 7,a71 to enforce the rights in this title1 no court of competent jurisdiction may grant an employer's motion to compel arbitration1 under chapter #a of title #i1 ,united ,states ,code1 or any analogous ,state arbitration statute1 of the claims involved4 ,an employee's right to bring an action on behalf of similarly situated employees to enforce such rights may not be subject to any private agreement that purports to require the employees to pursue claims on an individual basis4 7,c7 ,liability ,any employer who violates section #cje 7including a violation relating to rights provided under section #cjb7 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 subsection 7c77#b7 or 7d77#b7 of section #cjb1 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,d7 ,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 #cje 7including a violation relating to rights provided under section #cjb7 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;,c77i74 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 #cje 7including a willful violation relating to rights provided under section #cjb71 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 #cje 7including a violation relating to rights provided under section #cjb71 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 title2 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 ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office1 the authority of the ,secretary of ,labor under this subsection shall be exercised by the ,comptroller ,general of the ,united ,states4 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 including section #dja7;d7 of such ,act 7#b ,u4,s4,c4 #adja7;d771 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 the corresponding ,federal agency described in that section #dja7;d71 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 title provides to that ,board1 the corresponding ,federal agency1 or any person1 alleging an unlawful employment practice in violation of this title against an employee described in section #cja7e77;,c7 or a corresponding covered individual4 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 title provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #cja7e77;,d7 or a corresponding covered individual4 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 title provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #cja7e77;,e7 or a corresponding covered individual4 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 a covered individual of that program or activity under this title for equitable1 legal1 or other relief authorized under this title4 7#b7 ,official capacity ,an official of a ,state may be sued in the official capacity of the official by any covered individual who has complied with the procedures under subsection 7a77#c71 for injunctive relief that is authorized under this title4 ,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 #cjg4 ,education and outreach ,the ,secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time and paid emergency leave required by this title4 #cjh4 ,effect on other laws 7a7 ,federal and ,state antidiscrimination laws ,nothing in this title 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 title 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 title4 #cji4 ,effect on existing employment benefits 7a7 ,more protective ,nothing in this title 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 covered individuals than the rights established under this title4 7b7 ,less protective ,the rights established for covered individuals under this title shall not be diminished by any contract1 collective bargaining agreement1 or any employment benefit program or plan4 #caj4 ,encouragement of more generous leave policies ,nothing in this title shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this title4 #caa4 ,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 title with respect to employees described in subparagraph 7,a7 or 7,b7 of section #cja7e71 corresponding covered individuals1 and other individuals affected by employers described in subclause 7,i7 or 7,,ii7 of section #cja7f77;,a77i74 7#b7 ,government ,accountability ,office ,subject to subsection 7e71 the ,comptroller ,general of the ,united ,states shall prescribe the regulations with respect to employees of the ,government ,accountability ,office1 corresponding covered individuals1 and other individuals affected by the ,comptroller ,general of the ,united ,states4 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 ,congressional ,workplace ,rights shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 and the corresponding ,federal agency described in section #dja7;d7 of such ,act 7#b ,u4,s4,c4 #adja7;d77 shall prescribe such regulations as are necessary to carry out this title with respect to employees described in section #cja7e77;,c71 corresponding covered individuals1 and other individuals affected by employers described in section #cja7f77;,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 title 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 title with respect to employees described in section #cja7e77;,d71 corresponding covered individuals1 and other individuals affected by employers described in section #cja7f77;,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 title 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 title with respect to employees described in section #cja7e77;,e71 corresponding covered individuals1 and other individuals affected by employers described in section #cja7f77;,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 title 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 by employers ,the rights and responsibilities specified in this title shall apply to employers on the first ,sunday following enactment of this ,act and employers shall comply on such date1 without regard to whether regulations have been prescribed under this section4 #cab4 ,authorization of appropriations ,there are authorized to be appropriated to carry out title ,,ii and this title such sums as may be necessary for fiscal year #bjbj and each subsequent fiscal year4 #cac4 ,effective dates 7a7 ,in general ,titles ,i through ,,iii take 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 titles ,i through ,,iii 7and in particular section #cjb7;c7 of this ,act7 the public health emergency shall be considered to have been declared on the date of enactment of this ,act1 including an emergency described in section #cja7ab77;,b74 ,,iv ,family and ,medical ,leave ,insurance ,benefits #dja4 ,sunset ,on ,december #ca1 #bjba1 subsection 7d7 of section #cjb is repealed4 #djb4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,caregiving day ,the term caregiving day means1 with respect to an individual1 a calendar day in which the individual engaged in qualified caregiving4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#c7 ,deputy ,commissioner ,the term ,deputy ,commissioner means the ,deputy ,commissioner who heads the ,office of ,paid ,family and ,medical ,leave established under section #djc7;a74 7#d7 ,eligible individual ,the term eligible individual means an individual who is entitled to a benefit under section #djd for a particular month1 upon filing an application for such benefit for such month4 7#e7 ,initial waiting period ,the term initial waiting period means a period beginning with the first caregiving day of an individual occurring during the individual's benefit period and ending after the earlier of-- 7,a7 the fifth caregiving day of the individual occurring during the benefit period2 or 7,b7 the month preceding the first month in the benefit period during which occur not less than #ae caregiving days of the individual4 7#f7 ,qualified caregiving ,the term qualified caregiving means any activity engaged in by an individual1 other than regular employment1 for a reason for which an eligible employee would be entitled to leave under subparagraphs 7,a7 through 7,e7 of paragraph 7#a7 of section #ajb7;a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a774 7#g7 ,self-employment income ,the term self-employment income has the same meaning as such term in section #baa7;b7 of such ,act 7#db ,u4,s4,c4 #daa7;b774 7#h7 ,state ,the term ,state means any ,state of the ,united ,states or the ,district of ,columbia or any territory or possession of the ,united ,states4 7#i7 ,wages ,the term wages1 except as such term is used in subsection 7h77#b7 of section #djd1 has the same meaning as such term in section #bji of the ,social ,security ,act 7#db ,u4,s4,c4 #dji74 7#aj7 #fj-;day limitation period ,the term #fj-;day limitation period means a period-- 7,a7 beginning with the first caregiving day of an individual occurring during the individual's benefit period and after the expiration of the individual's #e-;day waiting period1 if applicable2 and 7,b7 ending with the #fjth caregiving day of the individual occurring during the benefit period and after the expiration of the #e-;day waiting period1 disregarding any caregiving day of the individual occurring during any month in the benefit period after the first #bj caregiving days of the individual occurring during such month4 #djc4 ,office of ,paid ,family and ,medical ,leave 7a7 ,establishment of ,office ,there is established within the ,social ,security ,administration an office to be known as the ,office of ,paid ,family and ,medical ,leave4 ,the ,office shall be headed by a ,deputy ,commissioner who shall be appointed by the ,commissioner4 7b7 ,responsibilities of ,deputy ,commissioner ,the ,commissioner1 acting through the ,deputy ,commissioner1 shall be responsible for-- 7#a7 hiring personnel and making employment decisions with regard to such personnel2 7#b7 issuing such regulations as may be necessary to carry out the purposes of this title2 7#c7 entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program2 7#d7 determining eligibility for family and medical leave insurance benefits under section #djd2 7#e7 determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section2 7#f7 establishing and maintaining a system of records relating to the administration of such section2 7#g7 preventing fraud and abuse relating to such benefits2 7#h7 providing information on request regarding eligibility requirements1 the claims process1 benefit amounts1 maximum benefits payable1 notice requirements1 nondiscrimination rights1 confidentiality1 coordination of leave under this title and other laws1 collective bargaining agreements1 and employer policies2 7#i7 annually providing employers a notice informing employees of the availability of such benefits2 7#aj7 annually making available to the public a report that includes the number of individuals who received such benefits1 the purposes for which such benefits were received1 and an analysis of utilization rates of such benefits by gender1 race1 ethnicity1 and income levels2 and 7#aa7 tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section4 7c7 ,availability of data ,the ,commissioner shall make available to the ,deputy ,commissioner such data as the ,commissioner determines necessary to enable the ,deputy ,commissioner to effectively carry out the responsibilities described in subsection 7b74 #djd4 ,family and ,medical ,leave ,insurance benefit payments 7a7 ,in general ,every individual who-- 7#a7 is insured for disability insurance benefits 7as determined under section #bbc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;c777 at the time such individual's application is filed2 7#b7 has earned income from employment during the #ab months prior to the month in which the application is filed2 7#c7 has filed an application for a family and medical leave insurance benefit in accordance with subsection 7d72 and 7#d7 was engaged in qualified caregiving1 or anticipates being so engaged1 during the period that begins #ij days before the date on which such application is filed or within #cj days after such date1 shall be entitled to such a benefit for each month in the benefit period specified in subsection 7c71 not to exceed #fj caregiving days per benefit period4 7b7 ,benefit amount 7#a7 ,in general ,except as otherwise provided in this subsection1 the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of-- 7,a7 the lesser of #a_/ah of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent three calendar years1 or the maximum benefit amount determined under paragraph 7#b72 or 7,b7 the minimum benefit amount determined under paragraph 7#b71 multiplied by the quotient 7not greater than #a7 obtained by dividing the number of caregiving days of the individual in such month by #bj4 7#b7 ,annual increase of maximum and minimum benefit amounts 7,a7 ,for individuals who initially become eligible for family and medical leave insurance benefits in calendar year #bjbb1 the maximum monthly benefit amount and the minimum monthly benefit amount shall be #d1jjj and #ehj1 respectively4 7,b7 ,for individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after calendar year #bjbb the maximum benefit amount and the minimum benefit amount shall be1 respectively1 the product of the corresponding amount determined with respect to calendar year #bjbb and the quotient obtained by dividing-- 7i7 the national average wage index 7as defined in section #bji7k77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dji7k77#a777 for the second calendar year preceding the calendar year for which the determination is made1 by 7ii7 the national average wage index 7as so defined7 for #bjbj4 7#c7 ,limitations on benefits paid 7,a7 ,nonpayable waiting period ,any calendar day during an individual's benefit period which occurs before the expiration of an initial waiting period shall not be taken into account under this subsection as a caregiving day of the individual4 7,b7 ,limitation on total benefits paid ,any calendar day during an individual's benefit period which occurs after the expiration of a #fj-;day limitation period shall not be taken into account under this subsection as a caregiving day of the individual4 7#d7 ,reduction in benefit amount on account of receipt of certain benefits ,a benefit under this section for a month shall be reduced by the amount1 if any1 in certain benefits 7as determined under regulations issued by the ,commissioner7 as may be otherwise received by an individual4 ,for purposes of the preceding sentence1 certain benefits include-- 7,a7 periodic benefits on account of such individual's total or partial disability under a workmen's compensation law or plan of the ,united ,states or a ,state2 and 7,b7 periodic benefits on account of an individual's employment status under an unemployment law or plan of the ,united ,states or a ,state4 7#e7 ,coordination of benefit amount with certain ,state benefits ,a benefit received under this section shall be coordinated1 in a manner determined by regulations issued by the ,commissioner1 with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a ,state1 a political subdivision 7as that term is used in section #bah7;b77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dah7;b77#b7771 or an instrumentality of two or more ,states 7as that term is used in section #bah7;g7 of such ,act 7#db ,u4,s4,c4 #dah7;g7774 7c7 ,benefit period 7#a7 ,in general ,except as provided in paragraph 7#b71 the benefit period specified in this subsection shall begin on the #ast day of the #ast month in which the individual meets the criteria specified in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a71 and shall end on the date that is #cfe days after the #ast day of the benefit period4 7#b7 ,retroactive benefits ,in the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the #ij-;day period preceding the date on which such application is submitted1 the benefit period specified in this subsection shall begin on the later of-- 7,a7 the #ast day of the #ast month in which the individual engaged in such qualified caregiving2 or 7,b7 the #ast day of the #ast month that begins during such #ij-;day period1 and shall end on the date that is #cfe days after the #ast day of the benefit period4 7d7 ,application ,an application for a family and medical leave insurance benefit shall include-- 7#a7 a statement that the individual was engaged in qualified caregiving1 or anticipates being so engaged1 during the period that begins #ij days before the date on which the application is submitted or within #cj days after such date2 7#b7 if the qualified caregiving described in the statement in paragraph 7#a7 is engaged in by the individual because of a serious health condition of the individual or a relative of the individual1 a certification1 issued by the health care provider treating such serious health condition1 that affirms the information specified in paragraph 7#a7 and contains such information as the ,commissioner shall specify in regulations1 which shall be no more than the information that is required to be stated under section #ajc7;b7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfac7;b772 7#c7 if such qualified caregiving is engaged in by the individual for any other authorized reason1 a certification1 issued by a relevant authority determined under regulations issued by the ,commissioner1 that affirms the circumstances giving rise to such reason2 and 7#d7 an attestation from the applicant that his or her employer has been provided with written notice of the individual's intention to take family or medical leave1 if the individual has an employer1 or to the ,commissioner in all other cases4 7e7 ,ineligibility2 disqualification 7#a7 ,ineligibility for benefit ,an individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to-- 7,a7 disability insurance benefits under section #bbc of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7 or a similar permanent disability program under any law or plan of a ,state or political subdivision or instrumentality of a ,state 7as such terms are used in section #bah of the ,social ,security ,act 7#db ,u4,s4,c4 #dah772 7,b7 monthly insurance benefits under section #bjb of such ,act 7#db ,u4,s4,c4 #djb7 based on such individual's disability 7as defined in section #bbc7;d7 of such ,act 7#db ,u4,s4,c4 #dbc7;d7772 or 7,c7 benefits under title ,,xvi of such ,act 7#db ,u4,s4,c4 #acha et seq47 based on such individual's status as a disabled individual 7as determined under section #afad of such ,act 7#db ,u4,s4,c4 #achb;c774 7#b7 ,disqualification ,an individual who has been convicted of a violation under section #bjh of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7 or who has been found to have used false statements to secure benefits under this section1 shall be ineligible for benefits under this section for a #a-year period following the date of such conviction4 7f7 ,review of eligibility and benefit payment determinations 7#a7 ,eligibility determinations 7,a7 ,in general ,the ,commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits1 and the estimated benefit amount for a month in which one caregiving day of the individual occurs1 as soon as practicable after the application is received4 7,b7 ,review ,an individual may request review of an initial adverse determination with respect to such application at any time before the end of the #bj-;day period that begins on the date notice of such determination is received1 except that such #bj-;day period may be extended for good cause4 ,as soon as practicable after the individual requests review of the determination1 the ,commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section4 7#b7 ,benefit payment determinations 7,a7 ,in general ,the ,commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section1 or provide notice of the reason such payment will not be made if the ,commissioner determines that the individual is not entitled to payment for such month1 not later than #bj days after the individual's monthly benefit claim report for such month is received4 ,such monthly report shall be filed with the ,commissioner not later than #ae days after the end of each month4 7,b7 ,review ,if the ,commissioner determines that payment will not be made to an individual for a month1 or if the ,commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month1 the individual may request review of such determination at any time before the end of the #bj-;day period that begins on the date notice of such determination is received1 except that such #bj-;day period may be extended for good cause4 ,not later than #bj days after the individual requests review of the determination1 the ,commissioner shall provide notice to the individual of a final determination of payment for such month1 and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the ,commissioner determines the individual is entitled4 7#c7 ,burden of proof ,an application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate1 unless the ,commissioner demonstrates by a preponderance of the evidence that information contained in the application is false4 7#d7 ,definition of monthly benefit claim report ,for purposes of this subsection1 the term monthly benefit claim report means1 with respect to an individual for a month1 the individual's report to the ,commissioner of the number of caregiving days of the individual in such month1 which shall be filed no later than #ae days after the end of each month4 7#e7 ,review ,all final determinations of the ,commissioner under this subsection shall be reviewable according to the procedures set out in section #bje of the ,social ,security ,act 7#db ,u4,s4,c4 #dje74 7g7 ,relationship with ,state law2 employer benefits 7#a7 ,in general ,this section does not preempt or supercede any provision of ,state or local law that authorizes a ,state or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section4 7#b7 ,greater benefits allowed ,nothing in this title 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 leave or other leave rights to employees than the rights established under this title4 7h7 ,prohibited ,acts2 enforcement 7#a7 ,in general ,it shall be unlawful for any person to discharge or in any other manner discriminate against an individual because the individual has applied for1 indicated an intent to apply for1 or received family and medical leave insurance benefits4 7#b7 ,civil ,action by an individual 7,a7 ,liability ,any person who violates paragraph 7#a7 shall be liable to any individual employed by such person who is affected by the violation-- 7i7 for damages equal to the sum of-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost to the individual1 any actual monetary losses sustained by the individual as a direct result of the violation1 such as the cost of providing care1 up to a sum equal to #fj calendar days of wages or salary for the individual2 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 damages equal to the sum of the amount described in subclause 7,i7 and the interest described in subclause 7,,ii71 except that if a person who has violated paragraph 7#a7 proves to the satisfaction of the court that the act or omission which violated paragraph 7#a7 was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph 7#a71 such court may1 in the discretion of the court1 reduce the amount of the liability to the amount and interest determined under subclauses 7,i7 and 7,,ii71 respectively2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,a7 may be maintained against any person in any ,federal or ,state court of competent jurisdiction by any individual for and on behalf of-- 7i7 the individual2 or 7ii7 the individual and other individuals similarly situated4 7,c7 ,fees and costs ,the court in such an action 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 ,limitations ,the right provided by subparagraph 7,b7 to bring an action by or on behalf of any individual shall terminate-- 7i7 on the filing of a complaint by the ,commissioner in an action under paragraph 7#e7 in which restraint is sought of any further delay in the payment of the amount described in subparagraph 7,a77,i7 to such individual by the person responsible under subparagraph 7,a7 for the payment2 or 7ii7 on the filing of a complaint by the ,commissioner in an action under paragraph 7#c7 in which a recovery is sought of the damages described in subparagraph 7,a77,i7 owing to an individual by a person liable under subparagraph 7,a71 unless the action described in clause 7i7 or 7ii7 is dismissed without prejudice on motion of the ,commissioner4 7#c7 ,action by the ,commissioner 7,a7 ,civil action ,the ,commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#b77;,a77,i74 7,b7 ,sums recovered ,any sums recovered by the ,commissioner pursuant to subparagraph 7,a7 shall be held in a special deposit account and shall be paid1 on order of the ,commissioner1 directly to each individual affected4 ,any such sums not paid to an individual because of inability to do so within a period of #c years shall be deposited into the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund4 7#d7 ,limitation 7,a7 ,in general ,an action may be brought under this subsection not later than #c years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,commencement ,an action brought by the ,commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed4 7#e7 ,action for ,injunction by ,commissioner ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,commissioner-- 7,a7 to restrain violations of paragraph 7#a71 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 an individual2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7i7 ,special rule for railroad employees ,for purposes of subsection 7a77#a71 an individual shall be deemed to be insured for disability insurance benefits if the individual would be so insured if the individual's service as an employee 7as defined in the section #a7;b7 of the ,railroad ,retirement ,act of #aigd7 after ,december #ca1 #aicf1 were included within the meaning of the term employment for purposes of title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq474 7j7 ,determination of whether an activity constitutes qualified caregiving 7#a7 ,in general ,for purposes of determining whether an activity engaged in by an individual constitutes qualified caregiving under this section-- 7,a7 the term spouse 7as used in section #ajb7;a7 of the ,family and ,medical ,leave ,act 7#bi ,u4,s4,c4 #bfab7;a777 includes the individual's domestic partner2 and 7,b7 the term son or daughter 7as used in such section7 includes a son or daughter 7as defined in section #aja of such ,act7 of the individual's domestic partner4 7#b7 ,domestic partner 7,a7 ,in general ,for purposes of paragraph 7#a71 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 two individuals 7each at least #ah years of age7 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 two 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 7k7 ,applicability of certain ,social ,security ,act provisions ,the provisions of sections #bjd1 #bje1 #bjf1 and #bjh of the ,social ,security ,act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title ,,ii of such ,act4 7l7 ,effective date for applications ,applications described in this section may be filed after ,january #a1 #bjbb4 #dje4 ,establishment of ,family and ,medical ,leave ,insurance ,trust ,fund 7a7 ,in general ,there is hereby created on the books of the ,treasury of the ,united ,states a trust fund to be known as the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund4 ,the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund shall consist of such gifts and bequests as may be made as provided in section #bja7;i77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7;i77#a77 and such amounts as may be appropriated to1 or deposited in1 the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund as provided in this section4 7b7 ,authorization of ,appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund out of moneys in the ,treasury not otherwise appropriated-- 7,a7 for the first three fiscal years beginning after ,january #a1 #bjba1 such sums as may be necessary for the ,commissioner to administer the office established under section #djc and pay the benefits under section #djd2 7,b7 #ajj percent of the taxes imposed by sections #caja7;c7 and #caaa7;c7 of the ,internal ,revenue ,code of #aihf with respect to wages 7as defined in section #caba of such ,code7 reported to the ,secretary of the ,treasury pursuant to subtitle ,f of such ,code1 as determined by the ,secretary of the ,treasury by applying the applicable rate of tax under such sections to such wages2 7,c7 #ajj percent of the taxes imposed by section #adja7;c7 of such ,code with respect to self-employment income 7as defined in section #adjb of such ,code7 reported to the ,secretary of the ,treasury on tax returns under subtitle ,f of such ,code1 as determined by the ,secretary of the ,treasury by applying the applicable rate of tax under such section to such self-employment income2 and 7,d7 #ajj percent of the taxes imposed by sections #cbja7;c71 #cbaa7;c71 and #cbba7;c7 of such ,code with respect to compensation 7as defined in section #cbca of such ,code7 reported to the ,secretary of the ,treasury on tax returns under subtitle ,f of such ,code1 as determined by the ,secretary of the ,treasury by applying the applicable rate of tax under such sections to such compensation4 7#b7 ,repayment of initial appropriation ,amounts appropriated pursuant to subparagraph 7,a7 of paragraph 7#a7 shall be repaid to the ,treasury of the ,united ,states not later than #aj years after the first appropriation is made pursuant to such subparagraph4 7#c7 ,transfer to ,trust ,fund ,the amounts described in paragraph 7#b7 shall be transferred from time to time from the general fund in the ,treasury to the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund1 such amounts to be determined on the basis of estimates by the ,secretary of the ,treasury of the taxes1 specified in such paragraph1 paid to or deposited into the ,treasury4 ,proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph4 7c7 ,management of ,trust ,fund ,the provisions of subsections 7c71 7d71 7e71 7f71 7i71 and 7m7 of section #bja of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7 shall apply with respect to the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund in the same manner as such provisions apply to the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund and the ,disability ,insurance ,trust ,fund4 7d7 ,benefits paid from ,trust ,fund ,benefit payments required to be made under section #djd shall be made only from the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund4 7e7 ,administration ,there are authorized to be made available for expenditure1 out of the ,federal ,family and ,medical ,leave ,insurance ,trust ,fund1 such sums as may be necessary to pay the costs of the administration of section #djd1 including start-up costs1 technical assistance1 outreach1 education1 evaluation1 and reporting4 7f7 ,prohibition ,no funds from the ,social ,security ,trust ,fund or appropriated to the ,social ,security ,administration to administer ,social ,security programs may be used for ,federal ,family and ,medical ,leave ,insurance benefits or administration set forth under this title4 #djf4 ,internal ,revenue ,code provisions 7a7 ,in general 7#a7 ,employee contribution ,section #caja of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,family and medical leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages 7as defined in section #caba7;a77 received by the individual with respect to employment 7as defined in section #caba7;b774 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4b percent in the case of wages received in any calendar year4 4 7#b7 ,employer contribution ,section #caaa of such ,code is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,family and medical leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed on every employer an excise tax1 with respect to having individuals in his employ1 equal to the applicable percentage of the wages 7as defined in section #caba7;a77 paid by the employer with respect to employment 7as defined in section #caba7;b774 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4b percent in the case of wages paid in any calendar year4 4 7#c7 ,self-employment income contribution 7,a7 ,in general ,section #adja of such ,code is amended-- 7i7 by redesignating subsection 7c7 as subsection 7d72 and 7ii7 by inserting after subsection 7b7 the following3 7c7 ,family and medical leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed for each taxable year1 on the self-employment income of every individual1 a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4d percent in the case of self-employment income in any taxable year4 4 7,b7 ,exclusion of certain net earnings from self-employment ,section #adjb7;b77#a7 of such ,code is amended by striking tax imposed by section #adja7;a7 and inserting taxes imposed by subsections 7a7 and 7c7 of section #adja4 7b7 ,railroad ,retirement ,tax ,act 7#a7 ,employee contribution ,section #cbja of such ,code is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,family and ,medical ,leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4b percent in the case of compensation received in any calendar year4 4 7#b7 ,employee representative contribution ,section #cbaa of such ,code is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,family and ,medical ,leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4b percent in the case of compensation received in any calendar year4 4 7#c7 ,employer contribution ,section #cbba of such ,code is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,family and ,medical ,leave insurance 7#a7 ,in general ,in addition to other taxes1 there is hereby imposed on every employer an excise tax1 with respect to having individuals in his employ1 equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer4 7#b7 ,applicable percentage ,for purposes of paragraph 7#a71 the term applicable percentage means #j4b percent in the case of compensation paid in any calendar year4 4 7c7 ,conforming amendments 7#a7 ,section #fdac7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#a7-- 7i7 by inserting 1 section #caja7;c71 after by section #caja7;a72 and 7ii7 by striking both and inserting each2 and 7,b7 in paragraph 7#b71 by inserting or #caja7;c7 after #caja7;a7 each place it appears4 7#b7 ,section #ae7;a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bcan7a77 is amended by inserting 7other than sections #cbja7;c71 #cbaa7;c71 and #cbba7;c77 before the period at the end4 7d7 ,effective date ,the amendments made by this section shall take effect on ,may #a1 #bjbb4 #djg4 ,regulations ,the ,commissioner1 in consultation with the ,secretary of ,labor1 shall prescribe regulations necessary to carry out this title4 ,in developing such regulations1 the ,commissioner shall consider the input from a volunteer advisory body comprised of not more than #ae individuals1 including experts in the relevant subject matter and officials charged with implementing ,state paid family and medical leave insurance programs4 ,the ,commissioner shall take such programs into account when proposing regulations4 ,such individuals shall be appointed as follows3 7#a7 ,five individuals to be appointed by the ,president4 7#b7 ,three individuals to be appointed by the majority leader of the ,senate4 7#c7 ,two individuals to be appointed by the minority leader of the ,senate4 7#d7 ,three individuals to be appointed by the ,speaker of the ,house of ,representatives4 7#e7 ,two individuals to be appointed by the minority leader of the ,house of ,representatives4 #djh4 ,,gao ,study ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on family and medical leave insurance benefits paid under section #djd for any month during the #a-year period beginning on ,january #a1 #bjbb4 ,the report shall include the following3 7#a7 ,an identification of the total number of applications for such benefits filed for any month during such #a-year period1 and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made4 7#b7 ,an identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such #a-year period1 and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made4 7#c7 ,an identification of the total number of monthly benefit claim reports for such benefits filed during such #a-year period1 and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made4 7#d7 ,an identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such #a-year period1 and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made4 7#e7 ,an identification of any excessive delay in any of the periods described in paragraphs 7#a7 through 7#d71 and a description of the causes for such delay4