,i #aahth ,,congress #ast ,session ,h4 ,r4 #cbee ,,in ,,the ,,house ,,of ,,representatives ,may #aa1 #bjbc,mr4 ,payne 7for himself1 ,mr4 ,bowman1 ,ms4 ,budzinski1 ,mr4 ,carson1 ,mr4 ,carter of ,louisiana1 ,mr4 ,cohen1 ,mr4 ,de,saulnier1 ,mrs4 ,dingell1 ,mr4 ,garca of ,illinois1 ,mr4 ,grijalva1 ,mr4 ,johnson of ,georgia1 ,mr4 ,kim of ,new ,jersey1 ,mr4 ,larsen of ,washington1 ,ms4 ,lee of ,california1 ,mr4 ,magaziner1 ,ms4 ,mc,collum1 ,ms4 ,moore of ,wisconsin1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,ms4 ,omar1 ,ms4 ,schakowsky1 ,ms4 ,titus1 ,mrs4 ,watson ,coleman1 ,ms4 ,escobar1 ,mr4 ,lynch1 ,mr4 ,evans1 ,mr4 ,neguse1 ,mrs4 ,foushee1 ,ms4 ,hoyle of ,oregon1 ,ms4 ,barragn1 ,mr4 ,huffman1 ,mr4 ,menendez1 ,ms4 ,jayapal1 ,ms4 ,strickland1 ,ms4 ,ocasio-,cortez1 ,ms4 ,stansbury1 ,mr4 ,moulton1 and ,ms4 ,wilson of ,florida7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 with respect to sick leave for certain employees of ,class ,i railroads1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,freight ,rail ,workforce ,health and ,safety ,act4 #b4 ,railroad safety risk reduction program 7a7 ,in general ,section #bjaef7;a77#c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by inserting ,the ,secretary shall not approve a railroad safety risk reduction program plan1 or subsequent amendment to a plan1 if the railroad carrier submitting such plan or amendment does not comply with the requirements of section #bjagb4 ,the ,secretary may consider other factors in reviewing and approving or disapproving safety risk reduction program plans or amendments to plans that the ,secretary determines appropriate4 after reasonable period of time42 7#b7 by inserting and approve or disapprove plans after conduct a review2 and 7#c7 by inserting 1 including the requirements of section #bjagb after their plans4 7b7 ,injury and fatality prevention ,chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,injury and fatality prevention 7a7 ,in general 7#a7 ,sick leave ,not later than #fj days after the date of enactment of this section1 each ,class ,i railroad carrier subject to part #bga of title #di1 ,code of ,federal ,regulations1 shall provide the employees of such rail carrier paid sick leave in accordance with this section4 7#b7 ,accounting 7,a7 ,in general ,for the purposes of this section1 personal days1 holidays1 floating holidays1 vacation1 any other form of accrued leave or any other unpaid leave do not count as days of paid sick leave4 7,b7 ,use or ability to use ,the use of or the ability to use any such days or leave as paid sick leave days also does not count toward satisfying the minimum number of paid sick leave days required by this section4 7b7 ,accruing paid sick leave 7#a7 ,in general ,each ,class ,i railroad carrier described in subsection 7a77#a7 shall provide the employees of such rail carrier at least #g days of paid sick leave in a calendar year4 7#b7 ,carry over ,each day of paid sick leave that an employee does not take in a calendar year shall be carried over to ,january #a of the following calendar year and shall not count toward the minimum number of sick days set under subsection 7a74 7#c7 ,wage rate ,each day of sick leave that an employee takes shall be paid at the regular hourly wage rate of the employee and is to include compensation elements that comprise the wage rate of such employee4 7c7 ,use of paid sick leave ,subject to the conditions of subsection 7d71 a ,class ,i railroad carrier shall permit an employee to use paid sick leave to be absent during any work time because of-- 7#a7 a physical or mental illness1 injury1 or medical condition of the employee2 7#b7 obtaining diagnosis1 care1 or preventive care from a health care provider by the employee2 7#c7 caring for the child1 parent1 spouse1 or domestic partner of an employee or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship who has any of the conditions or needs for diagnosis1 care1 or preventive care described in paragraphs 7#a7 or 7#b7 of this subsection2 or 7#d7 an absence resulting from domestic violence1 sexual assault1 or stalking1 if the time is to-- 7,a7 seek medical attention for the employee or the employee's child1 parent1 spouse1 domestic partner1 or an individual related to the employee as described in paragraph 7#c71 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#c7 in obtaining services from a victim services organization2 7,c7 obtain or assist a related person described in paragraph 7#c7 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 7d7 ,utilizing paid sick leave 7#a7 ,in general ,if the need for leave is foreseeable1 the request by an employee shall be made at least #g calendar days in advance of the date for which the leave is requested4 7#b7 ,non-foreseeable requests ,if the employee is unable to request leave at least #g calendar days in advance1 the request shall be made as soon as is practicable4 7#c7 ,no contingency ,a ,class ,i railroad carrier may not make the use of paid sick leave contingent on the requesting employee finding a replacement to cover any work time to be missed by the requesting employee4 7#d7 ,prohibition on adverse action ,a ,class ,i railroad carrier is prohibited from-- 7,a7 dismissing1 suspending1 laying off1 demoting1 or disciplining 7including assigning points1 demerits1 or disciplinary citations under any attendance policy7 an employee because the employee has requested the use of or has used paid sick leave2 and 7,b7 taking into account a request by an employee to use or use of paid sick leave in connection with in any decision to promote or train the employee4 7e7 ,minimum days of paid sick leave and collective bargaining 7#a7 ,in general ,the minimum number of paid sick days established by this section that a ,class ,i railroad carrier must provide employees is the minimum number of such days consistent with safety4 ,the use of any #g days of paid sick leave annually1 regardless of whether such days are provided under any agreement reached in negotiations between any such ,class ,i railroad carrier and any representative of its employees under the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq471 shall meet the requirements of subsection 7d7 of this subsection4 7#b7 ,additional days ,additional paid sick days may be collectively bargained between a railroad carrier and the representatives of employees of such railroad in accordance with the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq474 7f7 ,definitions ,in this section3 7#a7 ,day ,the term day means a period of #bd consecutive hours4 7#b7 ,domestic violence ,the term domestic violence-- 7,a7 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 8jurisdiction receiving grant monies0 shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located2 and 7,b7 includes dating violence1 as such term is defined in such section4 7#c7 ,paid sick leave ,the term paid sick leave means an increment of compensated leave that can be earned by an employee for use during an absence from employment for any of the reasons described in paragraphs 7#a7 through 7#d7 of subsection 7c74 7#d7 ,sexual assault ,the term sexual assault has the meaning given such term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#e7 ,stalking ,the term stalking has the meaning given such term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 4 7c7 ,clerical amendment ,the analysis for chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,injury and fatality prevention4 4