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Division C — Emergency Paid Sick Leave Act Amendments

H.R. 6379 · 116th Congress · Mar 23, 2020 · Lineage

C Emergency Paid Sick Leave Act Amendments

Sec. 30001 References

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of division E of the Families First Coronavirus Response Act (Public Law 116–127).

Sec. 30002 Paid sick time requirement

(a)
Uses— Section 5102(a) is amended to read as follows:

“(a) In general—An employer shall provide to each employee employed by the employer paid sick time for any of the following uses:

“(1) To self-isolate because the employee is diagnosed with COVID–19.

“(2) To obtain a medical diagnosis or care if such employee is experiencing the symptoms of COVID–19.

“(3) To comply with a recommendation or order by a public official with jurisdiction or a health care provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because of—

“(A) the exposure of the employee to COVID–19; or

“(B) exhibition of symptoms of COVID–19 by the employee; or

“(4) To care for or assist a family member of the employee—

“(A) who—

“(i) is self-isolating because such family member has been diagnosed with COVID–19; or

“(ii) is experiencing symptoms of COVID–19 and needs to obtain medical diagnosis or care.

“(B) with respect to whom a public official with jurisdiction or a health care provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of—

“(i) the exposure of such family member to the COVID–19; or

“(ii) exhibition of symptoms of COVID–19 by such family member.

“(5) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19.”

(b)
Employers with existing policies— Section 5102 by adding at the end the following:

“(f) Employers with existing policies—With respect to an employer that provides paid leave on the day before the date of enactment of this Act—

“(1) the paid sick time under this Act shall be made available to employees of the employer in addition to such paid leave; and

“(2) the employer may not change such paid leave on or after such date of enactment to avoid being subject to paragraph (1).”

Sec. 30003 Prohibited acts

Section 5104(1) is amended by striking “and” at the end and inserting “or”.

Sec. 30004 Sunset

Section 5109 is amended by striking “December 31, 2020” and inserting “December 31, 2021”.

Sec. 30005 Definitions

(a)
Employee— Section 5110(1)(A)(i) is amended—
(1)
by striking “terms” and inserting “term”; and
(2)
by striking “paragraph (5)(A)” and inserting “paragraph (2)(A)”.
(b)
Employer— Section 5110(2)(B) is amended—
(1)
by striking “terms” and inserting “term”;
(2)
by amending subclause (I) of clause (i) to read as follows:

“(I) means any person engaged in commerce or in any industry or activity affecting commerce that employs 1 or more employees;”

(3)
by amending clause (ii) to read as follows:

“(ii) Public agency and non-profit organizations—For purposes of clause (i)(III) and (i)(I), a public agency and a nonprofit organization shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.”

(c)
FMLA terms— Section 5110(4) is amended to read as follows:

“(4) FMLA terms—The terms health care provider, next of kin, son or daughter, and spouse have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).”

(d)
Paid sick time— Section 5110(5) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i), by striking “section 2(a)” and inserting “section 5102(a)”; and
(B)
in clause (ii), by striking “exceed” and all that follows and inserting “exceed $511 per day and $5,110 in the aggregate.”;
(2)
in subparagraph (B)—
(A)
by striking the following:

“(B) Required compensation

“(i) In general—Subject to subparagraph (A)(ii),”

“(B) Required compensation—Subject to subparagraph (A)(ii),”

(B)
by striking clause (ii); and
(3)
in subparagraph (C), by striking “ section 2(a)” and inserting “section 5102(a)”.
(a)
Additional definitions— Section 5110 is amended by adding at the end the following:

“(6) 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 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.

“(7) Family member—The term family member, with respect to an employee, means any of the following:

“(A) A parent of the employee.

“(B) A spouse of the employee.

“(C) A son or daughter of the employee.

“(D) A sibling of the employee.

“(E) A next of kin of the employee or a person for whom the employee is next of kin.

“(F) A grandparent or grandchild of the employee.

“(G) A domestic partner of the employee.

“(8) FFCRA terms—The terms child care provider and school have the meanings given such terms in section 110(a)(2) of the Family and Medical and Leave Act of 1993.

“(9) Parent—The term parent, with respect to an employee, means any of the following:

“(A) A biological, foster, or adoptive parent of the employee.

“(B) A stepparent of the employee.

“(C) A parent-in-law of the employee.

“(D) A parent of a domestic partner of the employee.

“(E) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.”

Sec. 30006 Regulatory authorities

(a)
In general— Division E is amended by striking section 5111.
(b)
Force or effect of regulations— Any regulation issued under section 5111 of division E of the Families First Coronavirus Response Act (Public Law 116–127), as in effect on the day before the date of the enactment of this Act, shall have no force or effect.