AT HOME Learning Act

I 116TH CONGRESS 2D SESSION H. R. 8944 To amend the Family and Medical Leave Act of 1993 and the Emergency Paid Sick Leave Act to include leave for employees who are unable to work due to minor children in optional virtual or hybrid learning, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 10, 2020 Ms. MENG introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Reform, and Ways and Means, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend the Family and Medical Leave Act of 1993 and the Emergency Paid Sick Leave Act to include leave for employees who are unable to work due to minor children in optional virtual or hybrid learning, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8944.IH H8944 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8944 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Access To Health- 2 based Options and More Ease with Learning Act’’ or the 3 ‘‘AT HOME Learning Act’’. 4 SEC. 2. FAMILY AND MEDICAL LEAVE ACT OF 1993. 5 (a) EMERGENCY LEAVE EXTENSION.—Section 6 102(a)(1)(F) of the Family and Medical Leave Act of 7 1993 (29 U.S.C. 2612(a)(1)(F)) is amended by striking 8 ‘‘December 31, 2020’’ and inserting ‘‘June 25, 2021’’. 9 (b) QUALIFYING NEED RELATED TO A PUBLIC 10 HEALTH EMERGENCY.—Section 110(a)(2)(A) of the 11 Family and Medical Leave Act of 1993 (29 U.S.C. 12 2620(a)(2)(A)) is amended to read as follows: 13 ‘‘(A) QUALIFYING NEED RELATED TO A 14 PUBLIC HEALTH EMERGENCY.—The term 15 ‘qualifying need related to a public health emer- 16 gency’, with respect to leave, means the em- 17 ployee is unable to work (or telework) due to a 18 need for leave to care for the son or daughter 19 of such employee if, due to COVID–19— 20 ‘‘(i) the child care provider of such 21 son or daughter is unavailable; 22 ‘‘(ii) the school or place of care of 23 such son or daughter is closed; or 24 ‘‘(iii) the school of such son or daugh- 25 ter— 26 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8944.IH H8944 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8944 IH ‘‘(I) requires or makes optional a 1 virtual learning instruction model; or 2 ‘‘(II) requires or makes optional 3 a hybrid of in-person and virtual 4 learning instruction models.’’. 5 SEC. 3. EMERGENCY PAID SICK LEAVE ACT. 6 (a) PAID SICK TIME REQUIREMENT.—Section 7 5102(a)(5) of the Emergency Paid Sick Leave Act (29 8 U.S.C. 2601 note) is amended to read as follows: 9 ‘‘(5) The employee is caring for a son or daugh- 10 ter of such employee if, due to COVID–19— 11 ‘‘(A) the child care provider of such son or 12 daughter is unavailable; 13 ‘‘(B) the school or place of care of such 14 son or daughter is closed; or 15 ‘‘(C) the school of such son or daughter— 16 ‘‘(i) requires or makes optional a vir- 17 tual learning instruction model; or 18 ‘‘(ii) requires or makes optional a hy- 19 brid of in-person and virtual learning in- 20 struction models.’’. 21 (b) ALLOWING EMPLOYEES TO ACCESS THE BAL- 22 ANCE OF THEIR EMERGENCY PAID SICK LEAVE ENTI- 23 TLEMENT.—Section 5102 of the Emergency Paid Sick 24 VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8944.IH H8944 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8944 IH Leave Act (29 U.S.C. 2601 note) is amended by striking 1 subsection (b)(3). 2 (c) EMERGENCY PAID SICK LEAVE EXTENSION.— 3 Section 5109 of the Emergency Paid Sick Leave Act (29 4 U.S.C. 2601 note) is amended by striking ‘‘December 31, 5 2020’’ and inserting ‘‘June 25, 2021’’. 6 SEC. 4. TAX CREDITS FOR PAID SICK AND PAID FAMILY 7 AND MEDICAL LEAVE. 8 (a) PAID SICK LEAVE.—Section 7001(g) of the Fam- 9 ilies First Coronavirus Response Act (26 U.S.C. 3111 10 note) is amended by striking ‘‘December 31, 2020’’ and 11 inserting ‘‘June 25, 2021’’. 12 (b) PAID FAMILY LEAVE.—Section 7003(g) of the 13 Families First Coronavirus Response Act (26 U.S.C. 3111 14 note) is amended by striking ‘‘December 31, 2020’’ and 15 inserting ‘‘June 25, 2021’’. 16 Æ VerDate Sep 11 2014 20:10 Dec 27, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8944.IH H8944 pbinns on DSKJLVW7X2PROD with BILLS