H.R. 5849 – Paid Sick Leave Act

113th CONGRESS

2d Session

H. R. 5849

IN THE HOUSE OF REPRESENTATIVES

December 11, 2014

Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Oversight and Government Reform, House Administration, and the Judiciary, 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 provide employees with 1 hour of paid sick leave for every 30 hours worked.

Short title

This Act may be cited as the Paid Sick Leave Act.

Requirement for paid sick leave

(a)

In general

An employer shall permit each employee employed by the employer to earn not less than 1 hour of paid sick leave for every 30 hours worked, to be used as described in subsection (b).

(b)

Uses

Paid sick leave earned under this section 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, 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); and

(B)

in the case of someone who is not a child, 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, or spouse, 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 related person described in paragraph (3) in obtaining services from a victim services organization;

(C)

obtain or assist a related person described in paragraph (3) 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)

Definitions

In this Act:

(1)

Child

The term child means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—

(A)

under 18 years of age; or

(B)

18 years of age or older and incapable of self-care because of a mental or physical disability.

(2)

Domestic violence

The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), 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 located.

(3)

Employee

The term employee means an individual who is—

(A)

(i)

an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (4)(A); or

(ii)

an employee of the Government Accountability Office;

(B)

a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));

(C)

a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;

(D)

a covered employee, as defined in section 411(c) of title 3, United States Code; or

(E)

a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code.

(4)

Employer

(A)

In general

The term employer means a person who is—

(i)

(I)

a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);

(II)

an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991;

(III)

an employing office, as defined in section 101 of the Congressional Accountability Act of 1995;

(IV)

an employing office, as defined in section 411(c) of title 3, United States Code; or

(V)

an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and

(ii)

is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).

(B)

Covered employer

(i)

In general

In subparagraph (A)(i)(I), the term covered employer—

(I)

means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;

(II)

includes—

(aa)

any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and

(bb)

any successor in interest of an employer;

(III)

includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and

(IV)

includes the Government Accountability Office and the Library of Congress.

(ii)

Public agency

For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.

(iii)

Definitions

For purposes of this subparagraph:

(I)

Commerce

The terms commerce and industry or activity affecting commerce 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)).

(II)

Employee

The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)).

(III)

Person

The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)).

(C)

Predecessors

Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.

(5)

Parent

The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child.

(6)

Sexual assault

The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

(7)

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 employee resides.

(8)

Stalking

The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

Paid Sick Leave Act

Legislative Activity

Bill Text