Providing Americans Insured Days of Leave Act of 2020

II 116TH CONGRESS 2D SESSION S. 3513 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 families. IN THE SENATE OF THE UNITED STATES MARCH 17, 2020 Mrs. MURRAY (for herself, Mrs. GILLIBRAND, Mr. SCHUMER, Mr. DURBIN, Mr. BROWN, Mr. WYDEN, Ms. WARREN, Mr. SANDERS, Ms. HARRIS, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Mr. VAN HOLLEN, Ms. HIRONO, and Mr. CASEY) introduced the following bill; 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 families. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Providing Americans 4 Insured Days of Leave Act of 2020’’. 5 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3513 IS TITLE I—DISPLACEMENT OF 1 THE LEAVE PROVISIONS OF 2 THE FAMILIES FIRST CORO- 3 NAVIRUS RESPONSE ACT 4 SEC. 101. REPEALS OF PORTIONS OF THE FAMILIES FIRST 5 CORONAVIRUS RESPONSE ACT. 6 (a) AFTER ENACTMENT.—If this Act is enacted after 7 the Families First Coronavirus Response Act is enacted, 8 divisions C, E, and G of that Act are repealed, and all 9 amendments made by those divisions shall be considered 10 to have no force and effect. 11 (b) BEFORE ENACTMENT.—If this Act is enacted be- 12 fore the Families First Coronavirus Response Act is en- 13 acted, effective 1 day after the date of enactment of that 14 Act, divisions C, E, and G of that Act are repealed, and 15 all amendments made by those divisions shall be consid- 16 ered to have no force and effect. 17 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3513 IS TITLE II—IMMEDIATE REIM- 1 BURSEMENT OF EMPLOYERS 2 FOR PAID SICK DAYS AND 3 PAID LEAVE FOR PUBLIC 4 HEALTH EMERGENCIES 5 SEC. 201. IMMEDIATE REIMBURSEMENT OF EMPLOYERS 6 FOR PAID SICK DAYS AND PAID LEAVE FOR 7 PUBLIC HEALTH EMERGENCIES. 8 (a) IN GENERAL.— 9 (1) REIMBURSEMENT.—An employer of a cov- 10 ered individual who uses paid sick time or emer- 11 gency paid leave under title III during a public 12 health emergency shall be reimbursed by the Sec- 13 retary of the Treasury out of the Treasury of the 14 United States for the wages paid to the covered indi- 15 vidual for the period during which the covered indi- 16 vidual used the paid sick time or emergency paid 17 leave. 18 (2) PROCESS.— 19 (A) INFORMATION.—To be eligible to re- 20 ceive such reimbursement, the employer shall 21 submit to the Secretary of Labor an affidavit 22 that attests that the employer provided such 23 paid sick time or emergency paid leave, and re- 24 lated records showing the period of and wages 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3513 IS associated with the paid sick time or emergency 1 paid leave. 2 (B) DETERMINATION.—The Secretary 3 shall review the information in the affidavit and 4 records and come to a determination regarding 5 the validity of such information within 5 busi- 6 ness days after receipt. If the Secretary does 7 not make a determination within the 5-busi- 8 ness-day period, on the sixth business day after 9 receipt of such information the Secretary shall 10 be deemed to have determined the information 11 to be valid. 12 (C) REIMBURSEMENT.—Upon the Sec- 13 retary’s determination that the information is 14 valid and that the employer provided an amount 15 of such paid sick time or emergency paid leave 16 to a covered individual, the Secretary shall 17 transmit the determination, affidavit, and 18 records to the Secretary of the Treasury, and 19 the Secretary of the Treasury shall provide 20 timely reimbursement out of the Treasury of 21 the United States. The Secretary of the Treas- 22 ury shall provide that reimbursement not later 23 than 2 business days after receipt of the deter- 24 mination from the Secretary of Labor. 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3513 IS (b) FRAUD.—The Secretary of Labor and the Sec- 1 retary of the Treasury shall both have authority to inves- 2 tigate fraud under this section and to seek recovery of 3 fraudulently obtained funds and related penalties in any 4 court of competent jurisdiction. 5 (c) APPLICATION.— 6 (1) IN GENERAL.—Except as provided for in 7 paragraph (2), this section shall apply to all paid 8 sick time and emergency paid leave provided by em- 9 ployers under title III during calendar year 2020 10 and calendar year 2021. 11 (2) FUTURE APPLICATION TO ADDITIONAL PAID 12 SICK TIME.—This section shall apply to all addi- 13 tional paid sick time provided by employers under 14 title III during any calendar year. 15 TITLE III—PAID SICK DAYS AND 16 PAID LEAVE FOR PUBLIC 17 HEALTH EMERGENCIES 18 SEC. 301. DEFINITIONS. 19 In title II and this title: 20 (1) CHILD.—The term ‘‘child’’ means a biologi- 21 cal, foster, or adopted child, a stepchild, a child of 22 a domestic partner, a legal ward, or a child of a per- 23 son standing in loco parentis. 24 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3513 IS (2) COVERED INDIVIDUAL.—The term ‘‘covered 1 individual’’ means an individual who is— 2 (A) an employee; or 3 (B) an individual performing any services 4 or labor for remuneration for an employer, re- 5 gardless of whether the individual is classified 6 as an independent contractor by the employer. 7 (3) DOMESTIC PARTNER.— 8 (A) IN GENERAL.—The term ‘‘domestic 9 partner’’, with respect to an individual, means 10 another individual with whom the individual is 11 in a committed relationship. 12 (B) COMMITTED RELATIONSHIP DE- 13 FINED.—The term ‘‘committed relationship’’ 14 means a relationship between 2 individuals, 15 each at least 18 years of age, in which each in- 16 dividual is the other individual’s sole domestic 17 partner and both individuals share responsi- 18 bility for a significant measure of each other’s 19 common welfare. The term includes any such 20 relationship between 2 individuals, including in- 21 dividuals of the same sex, that is granted legal 22 recognition by a State or political subdivision of 23 a State as a marriage or analogous relationship, 24 including a civil union or domestic partnership. 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3513 IS (4) DOMESTIC VIOLENCE.—The term ‘‘domestic 1 violence’’ has the meaning given the term in section 2 40002(a) of the Violence Against Women Act of 3 1994 (34 U.S.C. 12291(a)), except that the ref- 4 erence in such section to the term ‘‘jurisdiction re- 5 ceiving grant monies’’ shall be deemed to mean the 6 jurisdiction in which the victim lives or the jurisdic- 7 tion in which the employer involved is located. Such 8 term also includes dating violence, as that term is 9 defined in such section. 10 (5) EMPLOYEE.—The term ‘‘employee’’ means 11 an individual who is— 12 (A)(i) an employee, as defined in section 13 3(e) of the Fair Labor Standards Act of 1938 14 (29 U.S.C. 203(e)), who is not covered under 15 subparagraph (E), except that a reference in 16 such section to an employer shall be considered 17 to be a reference to an employer described in 18 clauses (i)(I) and (ii) of paragraph (6)(A); or 19 (ii) an employee of the Government Ac- 20 countability Office; 21 (B) a State employee described in section 22 304(a) of the Government Employee Rights Act 23 of 1991 (42 U.S.C. 2000e–16c(a)); 24 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3513 IS (C) a covered employee, as defined in sec- 1 tion 101 of the Congressional Accountability 2 Act of 1995 (2 U.S.C. 1301), other than an ap- 3 plicant for employment; 4 (D) a covered employee, as defined in sec- 5 tion 411(c) of title 3, United States Code; or 6 (E) a Federal officer or employee covered 7 under subchapter V of chapter 63 of title 5, 8 United States Code, or any other individual oc- 9 cupying a position in the civil service (as that 10 term is defined in section 2102(1) of title 5, 11 United States Code). 12 (6) EMPLOYER.— 13 (A) IN GENERAL.—The term ‘‘employer’’ 14 means a person who is— 15 (i)(I) a covered employer, as defined 16 in subparagraph (B), who is not covered 17 under subclause (V); 18 (II) an entity employing a State em- 19 ployee described in section 304(a) of the 20 Government Employee Rights Act of 1991; 21 (III) an employing office, as defined 22 in section 101 of the Congressional Ac- 23 countability Act of 1995; 24 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3513 IS (IV) an employing office, as defined in 1 section 411(c) of title 3, United States 2 Code; or 3 (V) an employing agency covered 4 under subchapter V of chapter 63 of title 5 5, United States Code; and 6 (ii) engaged in commerce (including 7 government), or an industry or activity af- 8 fecting commerce (including government), 9 as defined in subparagraph (B)(iii). 10 (B) COVERED EMPLOYER.— 11 (i) IN GENERAL.—In subparagraph 12 (A)(i)(I), the term ‘‘covered employer’’— 13 (I) means any person engaged in 14 commerce or in any industry or activ- 15 ity affecting commerce who employs 16 one or more employees; 17 (II) includes— 18 (aa) any person who acts di- 19 rectly or indirectly in the interest 20 of (within the meaning of section 21 3(d) of the Fair Labor Standards 22 Act of 1938 (29 U.S.C. 203(d))) 23 an employer in relation to any of 24 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3513 IS the employees of such employer; 1 and 2 (bb) any successor in inter- 3 est of an employer; 4 (III) includes any ‘‘public agen- 5 cy’’, as defined in section 3(x) of the 6 Fair Labor Standards Act of 1938 7 (29 U.S.C. 203(x)); and 8 (IV) includes the Government 9 Accountability Office. 10 (ii) PUBLIC AGENCY.—For purposes 11 of subclause (III) or (IV) of clause (i), a 12 public agency shall be considered to be a 13 person engaged in commerce or in an in- 14 dustry or activity affecting commerce. 15 (iii) DEFINITIONS.—For purposes of 16 this subparagraph: 17 (I) COMMERCE.—The terms 18 ‘‘commerce’’ and ‘‘industry or activity 19 affecting commerce’’ mean any activ- 20 ity, business, or industry in commerce 21 or in which a labor dispute would 22 hinder or obstruct commerce or the 23 free flow of commerce, and include 24 ‘‘commerce’’ and any ‘‘industry affect- 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3513 IS ing commerce’’, as defined in para- 1 graphs (1) and (3) of section 501 of 2 the Labor Management Relations Act, 3 1947 (29 U.S.C. 142 (1) and (3)). 4 (II) EMPLOYEE.—The term ‘‘em- 5 ployee’’ has the same meaning given 6 such term in section 3(e) of the Fair 7 Labor Standards Act of 1938 (29 8 U.S.C. 203(e)). 9 (III) PERSON.—The term ‘‘per- 10 son’’ has the same meaning given 11 such term in section 3(a) of the Fair 12 Labor Standards Act of 1938 (29 13 U.S.C. 203(a)). 14 (C) PREDECESSORS.—Any reference in 15 this paragraph to an employer shall include a 16 reference to any predecessor of such employer. 17 (7) EMPLOYMENT BENEFITS.—The term ‘‘em- 18 ployment benefits’’ means all benefits provided or 19 made available to covered individuals by an em- 20 ployer, including group life insurance, health insur- 21 ance, disability insurance, sick leave, annual leave, 22 educational benefits, and pensions, regardless of 23 whether such benefits are provided by a practice or 24 written policy of an employer or through an ‘‘em- 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3513 IS ployee benefit plan’’, as defined in section 3(3) of 1 the Employee Retirement Income Security Act of 2 1974 (29 U.S.C. 1002(3)). 3 (8) FLSA TERMS.—The terms ‘‘employ’’ and 4 ‘‘State’’ have the meanings given the terms in sec- 5 tion 3 of the Fair Labor Standards Act of 1938 (29 6 U.S.C. 203). 7 (9) HEALTH CARE PROVIDER.—The term 8 ‘‘health care provider’’ means a provider who— 9 (A)(i) is a doctor of medicine or osteopathy 10 who is authorized to practice medicine or sur- 11 gery (as appropriate) by the State in which the 12 doctor practices; or 13 (ii) is any other person determined by the 14 Secretary to be capable of providing health care 15 services; and 16 (B) is not employed by an employer for 17 whom the provider issues certification under 18 this title. 19 (10) PAID SICK TIME.—The term ‘‘paid sick 20 time’’ means an increment of compensated leave 21 that— 22 (A) can be— 23 (i) earned by a covered individual for 24 use during an absence from employment or 25 VerDate Sep 11 2014 22:41 Apr 06, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3513.IS S3513 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3513 IS work for a reason described in any para- 1 graph of section 302(b); or 2 (ii) provided by an employer during a 3 public health emergency for use during an 4 absence from employment or work for a 5 reason described in any paragraph of sec- 6 tion 302(b); and 7 (B) is compensated at a rate that is not 8 less than the greatest of— 9 (i) the covered individual’s regular 10 rate of pay; 11 (ii) the minimum wage rate provided 12 for in section 6(a)(1) of the Fair Labor 13 Standards Act of 1938 (29 U.S.C. 14 206(a)(1)); or 15 (iii) the minimum wage rate provided 16 for in the applicable State or local law for 17 the State or locality in which the covered 18 individual is employed or works. 19 (11) PARENT.—The term ‘‘parent’’ means a bi- 20 ological, foster, or adoptive parent of a covered indi- 21 vidual, a stepparent of a covered individual, a par- 22 ent-in-law of a covered individual, a parent of a do- 23 mestic partner of a covered indivi [Text truncated for display. 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