H.R. 7531

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7531 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7531

To allow Americans to earn paid sick time so that they can address 
their own health needs and the health needs of their families.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 12, 2026

Ms. DeLauro (for herself, Ms. Adams, Ms. Ansari, Ms. Balint, Ms. 
Barragan, Mrs. Beatty, Mr. Bell, Mr. Beyer, Ms. Bonamici, Ms. Brown, 
Ms. Brownley, Ms. Budzinski, Mr. Carbajal, Mr. Carson, Mr. Casar, Ms. 
Castor of Florida, Mr. Castro of Texas, Mrs. Cherfilus-McCormick, Ms. 
Clarke of New York, Ms. Chu, Mr. Cleaver, Mr. Cohen, Mr. Courtney, Ms. 
Craig, Ms. Crockett, Mr. Davis of Illinois, Ms. Dean of Pennsylvania, 
Ms. DeGette, Ms. DelBene, Mr. Deluzio, Mr. DeSaulnier, Ms. Dexter, Mrs. 
Dingell, Mr. Doggett, Ms. Elfreth, Ms. Escobar, Mr. Evans of 
Pennsylvania, Mrs. Foushee, Mr. Foster, Ms. Lois Frankel of Florida, 
Ms. Friedman, Mr. Frost, Mr. Garamendi, Mr. Garcia of California, Ms. 
Scanlon, Mr. Goldman of New York, Mr. Gomez, Mr. Gottheimer, Mrs. 
Grijalva, Mrs. Hayes, Mr. Himes, Ms. Norton, Mr. Horsford, Ms. 
Houlahan, Ms. Hoyle of Oregon, Mr. Ivey, Ms. Jacobs, Ms. Jayapal, Mr. 
Johnson of Georgia, Ms. Johnson of Texas, Ms. Kaptur, Mr. Keating, Ms. 
Kelly of Illinois, Mr. Kennedy of New York, Mr. Krishnamoorthi, Mr. 
Landsman, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mr. 
Latimer, Ms. Lee of Pennsylvania, Ms. Leger Fernandez, Mr. Lieu, Ms. 
Lofgren, Mr. Lynch, Mr. Magaziner, Mr. Mannion, Mrs. McBath, Ms. 
McBride, Mrs. McClain Delaney, Ms. McCollum, Mr. McGarvey, Mr. 
McGovern, Mrs. McIver, Ms. McClellan, Mr. Menendez, Ms. Meng, Mr. Min, 
Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moskowitz, Mr. Moulton, Mr. 
Mrvan, Mr. Mullin, Mr. Nadler, Mr. Neguse, Mr. Norcross, Mr. Olszewski, 
Ms. Omar, Mr. Pallone, Mr. Panetta, Ms. Pelosi, Ms. Pingree, Mr. Pocan, 
Ms. Pou, Ms. Pressley, Mr. Quigley, Mrs. Ramirez, Ms. Randall, Mr. 
Raskin, Ms. Ross, Ms. Salinas, Ms. Sanchez, Ms. Schakowsky, Mr. 
Sherman, Ms. Simon, Mr. Smith of Washington, Mr. Soto, Ms. Stansbury, 
Ms. Strickland, Ms. Wilson of Florida, Mr. Takano, Mr. Thanedar, Mr. 
Thompson of Mississippi, Mr. Thompson of California, Ms. Tlaib, Ms. 
Titus, Ms. Tokuda, Mr. Tonko, Mr. Torres of New York, Mrs. Trahan, Ms. 
Underwood, Mr. Vargas, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson 
Coleman, Mr. Whitesides, Ms. Williams of Georgia, Mr. Boyle of 
Pennsylvania, and Mr. Ruiz) introduced the following bill; which was 
referred to the Committee on Education and Workforce, and in addition 
to the Committees on House Administration, and Oversight and Government 
Reform, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To allow Americans to earn paid sick time so that they can address 
their own health needs and the health needs of their families.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Healthy Families Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Child.--The term ``child'' means, regardless of age, a 
biological, foster, or adopted child, a stepchild, a child of a 
domestic partner, a legal ward, or a child of a person standing 
in loco parentis.
(2) Commerce.--The terms ``commerce'' and ``industry or 
activity affecting commerce'' mean any activity, business, or 
industry in commerce or in which a labor dispute would hinder 
or obstruct commerce or the free flow of commerce, and include 
``commerce'' and any ``industry affecting commerce'', as 
defined in paragraphs (1) and (3) of section 501 of the Labor 
Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'', 
with respect to an individual, means another individual 
with whom the individual is in a committed 
relationship.
(B) Committed relationship defined.--The term 
``committed relationship'' means a relationship between 
2 individuals, each at least 18 years of age, 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 welfare. The 
term includes any such relationship between 2 
individuals, including individuals of the same sex, 
that is granted legal recognition by a State or 
political subdivision of a State as a marriage or 
analogous relationship, including a civil union or 
domestic partnership.
(4) Domestic violence.--The term ``domestic violence'' has 
the meaning given the term in section 40002(a) of the Violence 
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the 
reference in such section to the term ``jurisdiction receiving 
grant funding'' shall be deemed to mean the jurisdiction in 
which the victim lives or the jurisdiction in which the 
employer involved is located.
(5) Employee.--The term ``employee'' means an individual 
who is--
(A)(i) an employee, as defined in section 3(e) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)), who is not covered under any other provision 
of this paragraph, including such an employee of the 
Library of Congress, except that a reference in such 
section to an employer shall be considered to be a 
reference to an employer described in paragraph 
(6)(A)(i)(I);
(ii) an employee of the Government Accountability 
Office; or
(iii) an employee of a covered employer described 
in paragraph (6)(B)(i)(IV) who performs work that has 
been traditionally performed by employees in a railroad 
industry craft or class recognized under the Ninth 
paragraph of section 2 of the Railway Labor Act (45 
U.S.C. 152), including any employee who performs--
(I) work with respect to the movement of 
trains;
(II) maintenance of way work;
(III) signal work;
(IV) work for purposes of the inspection, 
maintenance, repair, or cleaning of 
locomotives, rail maintenance facilities, rail-
related equipment, or rail cars;
(V) dispatching work;
(VI) work with respect to the movement of 
equipment within a rail yard; or
(VII) rail clerical or communications work;
(B) a State employee described in section 304(a) of 
the Government Employee Rights Act of 1991 (42 U.S.C. 
2000e-16c(a));
(C) a covered employee, as defined in section 101 
of the Congressional Accountability Act of 1995 (2 
U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section 
411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under 
subchapter V of chapter 63 of title 5, United States 
Code (without regard to the limitation in section 
6381(1)(B) of that title).
(6) Employer.--
(A) In general.--The term ``employer'' means a 
person who is--
(i)(I) a covered employer who is not 
described in any other subclause of this 
clause;
(II) an entity employing a State employee 
described in section 304(a) of the Government 
Employee Rights Act of 1991;
(III) an employing office, as defined in 
section 101 of the Congressional Accountability 
Act of 1995;
(IV) an employing office, as defined in 
section 411(c) of title 3, United States Code; 
or
(V) an employing agency covered under 
subchapter V of chapter 63 of title 5, United 
States Code; and
(ii) engaged in commerce (including 
government), or an industry or activity 
affecting commerce (including government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I), 
the term ``covered employer''--
(I) means any person engaged in 
commerce or in any industry or activity 
affecting commerce who employs 1 or 
more employees for each working day 
during each of 20 or more calendar 
workweeks in the current or preceding 
year;
(II) means the Government 
Accountability Office and the Library 
of Congress;
(III) includes--
(aa) any person who acts, 
directly or indirectly, in the 
interest of an employer covered 
by this clause to any of the 
employees of such employer; and
(bb) any successor in 
interest of such an employer; 
and
(IV) includes any rail carrier.
(ii) Public agency.--For purposes of clause 
(i), a public agency, as defined in section 
3(x) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)), shall be considered to be a 
person engaged in commerce or in an industry or 
activity affecting commerce.
(iii) Definitions.--For purposes of this 
subparagraph:
(I) Employee.--The term 
``employee'' has the meaning given such 
term in section 3(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
203(e)).
(II) Person.--The term ``person'' 
has the meaning given such term in 
section 3(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
203(a)).
(C) Predecessors.--Any reference in this paragraph 
to an employer shall include a reference to any 
predecessor of such employer.
(7) Employment benefits.--The term ``employment benefits'' 
means all benefits provided or made available to employees by 
an employer, including group life insurance, health insurance, 
disability insurance, sick leave, annual leave, educational 
benefits, and pensions, regardless of whether such benefits are 
provided by a practice or written policy of an employer or 
through an ``employee benefit plan'', as defined in section 
3(3) of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1002(3)).
(8) Health care provider.--The term ``health care 
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is 
authorized to practice medicine or surgery (as 
appropriate) by the State in which the doctor 
practices; or
(ii) is any other person determined by the 
Secretary to be capable of providing health care 
services; and
(B) is not employed by an employer for whom the 
provider issues certification under this Act.
(9) Paid sick time.--The term ``paid sick time'' means an 
increment of compensated leave that--
(A) can be earned by an employee for use during an 
absence from employment for any of the reasons 
described in paragraphs (1) through (4) of section 
3(b); and
(B) is compensated at a rate that is not less than 
the greater of--
(i) the regular rate of pay of the 
employee;
(ii) the rate specified in section 6(a)(1) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(a)(1)); or
(iii) the rate specified in the applicable 
State or local minimum wage law.
(10) Parent.--The term ``parent'' means a biological, 
foster, or adoptive parent of an employee, a stepparent of an 
employee, parent-in-law, parent of a domestic partner, or a 
legal guardian or other person who stood in loco parentis to an 
employee when the employee was a child.
(11) Rail carrier.--The term ``rail carrier'' has the 
meaning given such term in section 10102 of title 49, United 
States Code.
(12) Secretary.--The term ``Secretary'' means the Secretary 
of Labor.
(13) Sexual assault.--The term ``sexual assault'' has the 
meaning given the term in section 40002(a) of the Violence 
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(14) Spouse.--The term ``spouse'', with respect to an 
employee, has the meaning given such term by the marriage laws 
of the State in which the marriage was celebrated.
(15) Stalking.--The term ``stalking'' has the meaning given 
the term in section 40002(a) of the Violence Against Women Act 
of 1994 (34 U.S.C. 12291(a)).
(16) State.--The term ``State'' has the meaning given the 
term in section 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203).
(17) Victim services organization.--The term ``victim 
services organization'' means a nonprofit, nongovernmental 
organization that provides assistance to victims of domestic 
violence, sexual assault, or stalking or advocates for such 
victims, including a rape crisis center, an organization 
carrying out a domestic violence, sexual assault, or stalking 
prevention or treatment program, an organization operating a 
shelter or providing counseling services, or a legal services 
organization or other organization providing assistance through 
the legal process.

SEC. 3. EARNED PAID SICK TIME.

(a) Earning of Paid Sick Time.--
(1) In general.--An employer shall provide each employee 
employed by the employer not less than 1 hour of earned paid 
sick time for every 30 hours worked, to be used as described in 
this section. An employer shall not be required to permit an 
employee to earn, under this section, more than 56 hours of 
paid sick time in a year, unless the employer chooses to set a 
higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in subparagraph 
(B), for purposes of this section, an employee who is 
exempt from overtime requirements under section 
13(a)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 213(a)(1)) shall be deemed to work 40 hours in 
each workweek.
(B) Shorter normal workweek.--If the normal 
workweek of such an employee is less than 40 hours, the 
employee shall earn paid sick time based upon that 
normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
Except as provided in the second sentence of paragraph (7), 
employees shall begin to earn paid sick time under this section 
at the commencement of their employment. Except as provided in 
such sentence, an employee shall be entitled to use the earned 
paid sick time beginning on the 60th calendar day following 
commencement of the employee's employment. After that 60th 
calendar day, the employee may use the paid sick time as the 
time is earned. An employer may, at the discretion of the 
employer, loan paid sick time to an employee for use by such 
employee in advance of the employee earning such sick time as 
provided in this subsection and may permit use before the 60th 
day of employment.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph 
(B), paid sick time earned under this section shall 
carry over from 1 year to the next.
(B) Construction.--This Act shall not be construed 
to require an employer to permit an employee to earn 
more than 56 hours of earned paid sick time in a 
calendar year.
(5) 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 section and 
that may be used for the same purposes and under the same 
conditions and procedures as the purposes, conditions, and 
procedures described in this section shall not be required to 
permit an employee to earn additional paid sick time under this 
section.
(6) Construction.--Nothing in this section shall be 
construed as requiring financial or other reimbursement to an 
employee from an employer upon the employee's termination, 
resignation, retirement, or other separation from employment 
for earned paid sick time that has not been used.
(7) Reinstatement.--If an employee is separated from 
employment with an employer and is rehired, within 12 months 
after that separation, by the same employer, the employer shall 
reinstate the employee's previously earned paid sick time. The 
employee shall be entitled to use the earned paid sick time and 
earn additional paid sick time at the recommencement of 
employment with the employer.
(8) Prohibition.--An employer may not require, as a 
condition of providing paid sick time under this Act, that the 
employee involved search for or find a replacement employee to 
cover the hours during which the employee is using paid sick 
time.
(b) Uses.--Paid sick time earned under subsection (a) may be used 
by an employee for any of the following:
(1) An absence resulting from a physical or mental illness, 
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional 
medical diagnosis or care, or preventive medical care, for the 
employee.
(3) An absence for the purpose of caring for a child, a 
parent, a spouse, a domestic partner, or any other individual 
related by blood or affinity whose close association with the 
employee is the equivalent of a family relationship, who--
(A) has any of the conditions or needs for 
diagnosis or care described in paragraph (1) or (2);
(B) is required to attend--
(i) in the case of someone who is a child, 
a school meeting; or
(ii) a meeting at a place where the child, 
parent, spouse, domestic partner, or such other 
individual is receiving care necessitated by a 
health condition or disability of the child, 
parent, spouse, domestic partner, or such other 
individual;
(C) is in need of care and is typically cared for 
by an individual who is unable to provide care because 
the individual has any of conditions or needs for 
diagnosis or care described in paragraph (1) or (2); or
(D) is otherwise in need of care.
(4) An absence resulting from domestic violence, sexual 
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the 
employee's child, parent, spouse, domestic partner, or 
an individual related to the employee as described in 
paragraph (3), to recover from physical or 
psychological injury or disability caused by domestic 
violence, sexual assault, or stalking;
(B) obtain or assist a child, a parent, a spouse, a 
domestic partner, or any other individual related by 
blood or affinity whose close association with the 
employee is the equivalent of a family relationship in 
obtaining services from a victim services organization;
(C) obtain or assist a child, a parent, a spouse, a 
domestic partner, or any other individual related by 
blood or affinity whose close association with the 
employee is the equivalent of a family relationship in 
obtaining psychological or other counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or 
participating in any civil or criminal legal proceeding 
related to or resulting from domestic violence, sexual 
assault, or stalking.
(c) Scheduling.--An employee shall make a reasonable effort to 
schedule a period of paid sick time under this Act in a manner that 
does not unduly disrupt the operations of the employer.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the 
oral or written request of an employee. Such request shall--
(A) include the expected duration of the period of 
such time; and
(B)(i) in a case in which the need for such period 
of time is foreseeable at least 7 days in advance of 
such period, be provided at least 7 days in advance of 
such period; or
(ii) otherwise, be provided as soon as practicable 
after the employee is aware of the need for such 
period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraph 
(C), an employer may require that a request for 
paid sick time under this section for a purpose 
described in paragraph (1), (2), or (3) of 
subsection (b) be supported by a certification 
issued by the health care provider of the 
eligible employee or of an individual described 
in subsection (b)(3), as appropriate, if the 
period of such time covers more than 3 
consecutive workdays.
(ii) Timeliness.--The employee shall 
provide a copy of such certification to the 
employer in a timely manner, not later than 30 
days after the first day of the period of time. 
The employer shall not delay the commencement 
of the period of time on the basis that the 
employer has not yet received the 
certification.
(B) Sufficient certification.--A certification 
provided under subparagraph (A) shall be sufficient if 
it states--
(i) the date on which the period of time 
will be needed;
(ii) the probable duration of the period of 
time; and
(iii)(I) for purposes of paid sick time 
under subsection (b)(1), a statement that 
absence from work is medically necessary;
(II) for purposes of such time under 
subsection (b)(2), the dates on which testing 
for a medical diagnosis or care is expected to 
be given and the duration of such testing or 
care; and
(III) for purposes of such time under 
subsection (b)(3), in the case of time to care 
for someone who is not a child, a statement 
that care is needed for an individual described 
in such subsection, and an estimate of the 
amount of time that such care is needed for 
such individual.
(C) Regulations.--Regulations prescribed under 
section 12 shall specify the manner in which an 
employee who does not have health insurance shall 
provide a certification for purposes of this paragraph.
(D) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing 
in this Act shall be construed to require a 
health care provider to disclose information in 
violation of section 1177 of the Social 
Security Act (42 U.S.C. 1320d-6) or the 
regulations promulgated pursuant to section 
264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d-2 
note).
(ii) Health information records.--If an 
employer possesses health information about an 
employee or an employee's child, parent, 
spouse, domestic partner, or an individual 
related to the employee as described in 
subsection (b)(3), such information shall--
(I) be maintained on a separate 
form and in a separate file from other 
personnel information;
(II) be treated as a confidential 
medical record; and
(III) not be disclosed except to 
the affected employee or with the 
permission of the affected employee.
(3) Certification in the case of domestic violence, sexual 
assault, or stalking.--
(A) In general.--An employer may require that a 
request for paid sick time under this section for a 
purpose described in subsection (b)(4) be supported by 
a form of documentation described in subparagraph (B) 
if the period of such time covers more than 3 
consecutive workdays.
(B) Form of documentation.--A form of documentation 
described in this subparagraph is any one of the 
following:
(i) A police report indicating that the 
employee, or an individual described in 
subsection (b)(4)(A) with respect to the 
employee, was a victim of domestic violence, 
sexual assault, or stalking.
(ii) A court order protecting or separating 
the employee, or such an individual with 
respect to the employee, from the perpetrator 
of an act of domestic violence, sexual assault, 
or stalking, or other evidence from the court 
or prosecuting attorney that the employee, or 
an individual described in subsection (b)(4)(A) 
with respect to the employee, has appeared in 
court or is scheduled to appear in court in a 
proceeding related to domestic violence, sexual 
assault, or stalking.
(iii) Other documentation signed by an 
employee or volunteer working for a victim 
services organization, an attorney, a police 
officer, a medical professional, a social 
worker, an antiviolence counselor, or a member 
of the clergy, affirming that the employee, or 
an individual described in subsection (b)(4)(A) 
with respect to the employee, is a victim of 
domestic violence, sexual assault, or stalking.
(C) Requirements.--The requirements of paragraph 
(2) shall apply to certifications under this paragraph, 
except that--
(i) subparagraph (B)(iii) of such paragraph 
shall not apply;
(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the minimum 
necessary to establish a need for the employee 
to be absent from work, and the employee shall 
not be required to explain the details of the 
domestic violence, sexual assault, or stalking 
involved; and
(iii) with respect to confidentiality under 
subparagraph (D) of such paragraph, any 
information provided to the employer under this 
paragraph shall be confidential, except to the 
extent that any disclosure of such information 
is--
(I) requested or consented to in 
writing by the employee; or
(II) otherwise required by 
applicable Federal or State law.
(D) Specification of documentation.--An employer 
may not specify which of the forms of documentation 
described in clause (i), (ii), or (iii) of subparagraph 
(B) is required to be provided in order to satisfy the 
requirement under subparagraph (A).

SEC. 4. NOTICE REQUIREMENT.

(a) In General.--Each employer shall notify each employee and 
include in any employee handbook, information--
(1) describing paid sick time available to employees under 
this Act;
(2) pertaining to the filing of an action under this Act;
(3) on the details of the notice requirement for a 
foreseeable period of time under section 3(d)(1)(B)(i); and
(4) that describes--
(A) the protections that an employee has in 
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or 
other appropriate authority as described in section 6) 
if any of the rights are violated.
(b) Posting of Notice.--Each employer shall post and keep posted a 
notice, to be prepared or approved in accordance with procedures 
specified in regulations prescribed under section 12, setting forth 
excerpts from, or summaries of, the pertinent provisions of this Act 
including the information described in paragraphs (1) through (4) of 
subsection (a).
(c) Location.--The notice described under subsection (b) shall be 
posted--
(1) in conspicuous places on the premises of the employer, 
where notices to employees (including applicants) are 
customarily posted; and
(2) in employee handbooks.
(d) Violation; Penalty.--Any employer who willfully violates 
subsection (b) shall be subject to a civil fine in an amount not to 
exceed $100 for each separate offense.

SEC. 5. PROHIBITED ACTS.

(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any 
employer to interfere with, restrain, or deny the exercise of, 
or the attempt to exercise, any right provided under this Act, 
including--
(A) discharging or discriminating against 
(including retaliating against) any individual, 
including a job applicant, for exercising, or 
attempting to exercise, any right provided under this 
Act;
(B) using the taking of paid sick time under this 
Act as a negative factor in an employment action, such 
as hiring, promotion, reducing hours or number of 
shifts, or a disciplinary action; or
(C) counting the paid sick time under a no-fault 
attendance policy or any other absence-control policy.
(2) Discrimination.--It shall be unlawful for any employer 
to discharge or in any other manner discriminate against 
(including retaliating against) any individual, including a job 
applicant, for opposing any practice made unlawful by this Act.
(b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against (including retaliating against) any individual, 
including a job applicant, because such individual--
(1) has filed an action, or has instituted or caused to be 
instituted any proceeding, under or related to this Act;
(2) has given, or is about to give, any information in 
connection with any inquiry or proceeding relating to any right 
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry 
or proceeding relating to any right provided under this Act.
(c) Construction.--Nothing in this section shall be construed to 
state or imply that the scope of the activities prohibited by section 
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is 
less than the scope of the activities prohibited by this section.

SEC. 6. ENFORCEMENT AUTHORITY.

(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means an employee 
described in subparagraph (A) or (B) of section 2(5); 
and
(B) the term ``employer'' means an employer 
described in subclause (I) or (II) of section 
2(6)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the 
provisions of this Act, or any regulation or order 
issued under this Act, the Secretary shall have, 
subject to subparagraph (C), the investigative 
authority provided under section 11(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with 
respect to employers, employees, and other individuals 
affected by an employer.
(B) Obligation to keep and preserve records.--An 
employer shall make, keep, and preserve records 
pertaining to compliance with this Act in accordance 
with section 11(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(c)) and in accordance with 
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an 
annual basis.--The Secretary shall not require, under 
the authority of this paragraph, an employer to submit 
to the Secretary any books or records more than once 
during any 12-month period, unless the Secretary has 
reasonable cause to believe there may exist a violation 
of this Act or any regulation or order issued pursuant 
to this Act, or is investigating a charge pursuant to 
paragraph (4).
(D) Subpoena authority.--For the purposes of any 
investigation provided for in this paragraph, the 
Secretary shall have the subpoena authority provided 
for under section 9 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the 
damages or equitable relief prescribed in subparagraph 
(B) may be maintained against any employer in any 
Federal or State court of competent jurisdiction by an 
employee or individual or a representative for and on 
behalf of--
(i) the employee or individual; or
(ii) the employee or individual and others 
similarly situated.
(B) Liability.--Any employer who violates section 5 
(including a violation relating to rights provided 
under section 3) shall be liable to any employee or 
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary, 
employment benefits, or other 
compensation denied or lost by 
reason of the violation; or
(bb) in a case in which 
wages, salary, employment 
benefits, or other compensation 
have not been denied or lost, 
any actual monetary losses 
sustained as a direct result of 
the violation up to a sum equal 
to 56 hours of wages or salary 
for the employee or individual;
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and
(III) an additional amount as 
liquidated damages; and
(ii) for such equitable relief as may be 
appropriate, including employment, 
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under 
this paragraph shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable attorney's 
fee, reasonable expert witness fees, and other costs of 
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall 
receive, investigate, and attempt to resolve complaints 
of violations of section 5 (including a violation 
relating to rights provided under section 3) in the 
same manner that the Secretary receives, investigates, 
and attempts to resolve complaints of violations of 
sections 6 and 7 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an 
action in any court of competent jurisdiction to 
recover the damages described in paragraph (3)(B)(i).
(C) Sums recovered.--Any sums recovered by the 
Secretary pursuant to subparagraph (B) shall be held in 
a special deposit account and shall be paid, on order 
of the Secretary, directly to each employee or 
individual affected. Any such sums not paid to an 
employee or individual affected because of inability to 
do so within a period of 3 years shall be deposited 
into the Treasury of the United States as miscellaneous 
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph 
(B), an action may be brought under paragraph (3), (4), 
or (6) not later than 2 years after the date of the 
last event constituting the alleged violation for which 
the action is brought.
(B) Willful violation.--In the case of an action 
brought for a willful violation of section 5 (including 
a willful violation relating to rights provided under 
section 3), such action may be brought not later than 3 
years after the last event constituting the alleged 
violation for which such action is brought.
(C) Commencement.--In determining when an action is 
commenced under paragraph (3), (4), or (6) for the 
purposes of this paragraph, it shall be considered to 
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district 
courts of the United States shall have jurisdiction, for cause 
shown, in an action brought by the Secretary--
(A) to restrain violations of section 5 (including 
a violation relating to rights provided under section 
3), including the restraint of any withholding of 
payment of wages, salary, employment benefits, or other 
compensation, plus interest, found by the court to be 
due to employees or individuals eligible under this 
Act; or
(B) to award such other equitable relief as may be 
appropriate, including employment, reinstatement, and 
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear 
for and represent the Secretary on any litigation brought under 
paragraph (4) or (6).
(8) Government accountability office and library of 
congress.--Notwithstanding any other provision of this 
subsection, in the case of the Government Accountability Office 
and the Library of Congress, the authority of the Secretary of 
Labor under this subsection shall be exercised respectively by 
the Comptroller General of the United States and the Librarian 
of Congress.
(b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this Act against an employee described in 
section 2(5)(C).
(c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this Act against an employee described in section 2(5)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this Act against an employee 
described in section 2(5)(E).
(e) Remedies for State Employees.--
(1) 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 immunity, under 
the 11th Amendment to the Constitution or otherwise, to a suit 
brought by an employee of that program or activity under this 
Act for equitable, legal, or other relief authorized under this 
Act.
(2) Official capacity.--An official of a State may be sued 
in the official capacity of the official by any employee who 
has complied with the procedures under subsection (a)(3), for 
injunctive relief that is authorized under this Act. In such a 
suit the court may award to the prevailing party those costs 
authorized by section 722 of the Revised Statutes (42 U.S.C. 
1988).
(3) Applicability.--With respect to a particular program or 
activity, paragraph (1) applies to conduct occurring on or 
after the day, after the date of enactment of this Act, on 
which a State first receives or uses Federal financial 
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection, 
the term ``program or activity'' has the meaning given the term 
in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
2000d-4a).

SEC. 7. EDUCATION AND OUTREACH.

(a) In General.--The Secretary may conduct a public awareness 
campaign to educate and inform the public of the requirements for paid 
sick time required by this Act.
(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out such campaign.

SEC. 8. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.

(a) Compilation of Information.--The Commissioner of Labor 
Statistics of the Department of Labor shall annually compile and report 
to the Comptroller General of the United States information on--
(1) the amount of paid sick time available to employees by 
occupation and type of employment establishment; and
(2) an estimate of the average sick time used by employees 
according to occupation and the type of employment 
establishment.
(b) GAO Study.--
(1) In general.--Not later than 5 years after the date of 
enactment of this Act, the Comptroller General of the United 
States shall conduct a study to evaluate the implementation of 
this Act. Such study shall include an estimation of employees' 
access to paid sick time, employees' awareness of their rights 
under this Act, and employers' experiences complying with this 
Act. Such study shall take into account access, awareness, and 
experiences of employees by race, ethnicity, gender, and 
occupation.
(2) Report.--Upon completion of the study required by 
paragraph (1), the Comptroller General of the United States 
shall prepare and submit a report to the appropriate committees 
of Congress concerning the results of the study and the 
information compiled pursuant to subsection (a).
(c) Report on Rail Carrier Enforcement.--Not later than 3 years 
after the date of enactment of this Act, the Secretary shall submit a 
report to Congress on any action by the Secretary under section 6(a) 
with respect to employers described in section 2(6)(B)(i)(IV) providing 
paid sick time to employees described in section 2(5)(A)(iii).

SEC. 9. EFFECT ON OTHER LAWS.

(a) Federal and State Antidiscrimination Laws.--Nothing in this Act 
shall be construed to modify or affect any Federal or State law 
prohibiting discrimination on the basis of race, religion, color, 
national origin, sex, age, disability, sexual orientation, gender 
identity, marital status, familial status, or any other protected 
status.
(b) State and Local Laws.--Nothing in this Act shall be construed 
to supersede (including preempting) any provision of any State or local 
law that provides greater paid sick time or leave rights (including 
greater amounts of paid sick time or leave or greater coverage of those 
eligible for paid sick time or leave) than the rights established under 
this Act.

SEC. 10. EFFECT ON EXISTING EMPLOYMENT BENEFITS.

(a) More Protective.--Nothing in this Act shall be construed to 
diminish the obligation of an employer to comply with any contract, 
collective bargaining agreement, or any employment benefit program or 
plan that provides greater paid sick leave or other leave rights to 
employees or individuals than the rights established under this Act.
(b) Less Protective.--The rights established for employees under 
this Act shall not be diminished by any contract, collective bargaining 
agreement, or any employment benefit program or plan.

SEC. 11. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.

Nothing in this Act shall be construed to discourage employers from 
adopting or retaining leave policies more generous than policies that 
comply with the requirements of this Act.

SEC. 12. REGULATIONS.

(a) In General.--
(1) Authority.--Except as provided in paragraph (2), not 
later than 180 days after the date of enactment of this Act, 
the Secretary shall prescribe such regulations as are necessary 
to carry out this Act with respect to employees described in 
subparagraph (A) or (B) of section 2(5) and other individuals 
affected by employers described in subclause (I) or (II) of 
section 2(6)(A)(i).
(2) Government accountability office; library of 
congress.--The Comptroller General of the United States and the 
Librarian of Congress shall prescribe the regulations with 
respect to employees of the Government Accountability Office 
and the Library of Congress, respectively, and other 
individuals affected by the Comptroller General of the United 
States and the Librarian of Congress, respectively.
(b) Employees Covered by Congressional Accountability Act of 
1995.--
(1) Authority.--Not later than 90 days after the Secretary 
prescribes regulations under subsection (a), the Board of 
Directors of the Office of Compliance shall prescribe (in 
accordance with section 304 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary 
to carry out this Act with respect to employees described in 
section 2(5)(C) and other individuals affected by employers 
described in section 2(6)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary to carry out this Act except 
insofar as the Board may determine, for good cause shown and 
stated together with the regulations prescribed under paragraph 
(1), that a modification of such regulations would be more 
effective for the implementation of the rights and protections 
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
(1) Authority.--Not later than 90 days after the Secretary 
prescribes regulations under subsection (a), the President (or 
the designee of the President) shall prescribe such regulations 
as are necessary to carry out this Act with respect to 
employees described in section 2(5)(D) and other individuals 
affected by employers described in section 2(6)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary to carry out this Act except 
insofar as the President (or designee) may determine, for good 
cause shown and stated together with the regulations prescribed 
under paragraph (1), that a modification of such regulations 
would be more effective for the implementation of the rights 
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
(1) Authority.--Not later than 90 days after the Secretary 
prescribes regulations under subsection (a), the Director of 
the Office of Personnel Management shall prescribe such 
regulations as are necessary to carry out this Act with respect 
to employees described in section 2(5)(E) and other individuals 
affected by employers described in section 2(6)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under 
paragraph (1) shall be the same as substantive regulations 
promulgated by the Secretary to carry out this Act except 
insofar as the Director may determine, for good cause shown and 
stated together with the regulations prescribed under paragraph 
(1), that a modification of such regulations would be more 
effective for the implementation of the rights and protections 
involved under this section.

SEC. 13. EFFECTIVE DATES.

(a) Effective Date.--This Act shall take effect 6 months after the 
date of issuance of regulations under section 12(a)(1).
(b) Collective Bargaining Agreements.--In the case of a collective 
bargaining agreement in effect on the effective date prescribed by 
subsection (a), this Act shall take effect on the earlier of--
(1) the date of the termination of such agreement;
(2) the date of any amendment, made on or after such 
effective date, to such agreement; or
(3) the date that occurs 18 months after the date of 
issuance of regulations under section 12(a)(1).
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