Text: H.R.3991 — 111th Congress (2009-2010)

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Introduced in House (11/03/2009)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 3991 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3991

 To ensure that American workers are able to follow, without financial 
     harm, the recommendations of their employer and public health 
   authorities to stay home when they have symptoms of a contagious 
   disease that may put co-workers, customers, or the public at risk.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2009

Mr. George Miller of California (for himself, Mr. Kildee, Ms. Woolsey, 
   Ms. Hirono, Mr. Hare, Ms. Clarke, Mr. Pierluisi, and Mr. Sablan) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To ensure that American workers are able to follow, without financial 
     harm, the recommendations of their employer and public health 
   authorities to stay home when they have symptoms of a contagious 
   disease that may put co-workers, customers, or the public at risk.

    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 ``Emergency Influenza Containment 
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that American workers are able 
to follow, without financial harm, the recommendations of their 
employer and public health authorities to stay home when they have 
symptoms of a contagious disease that may put co-workers, customers, or 
the public at risk.

SEC. 3. PAID SICK LEAVE REQUIREMENT.

    (a) In General.--An employer who directs an employee to leave work 
or not to come in to work because the employer believes the employee 
has symptoms of a contagious illness, or has been in close contact with 
an individual who has symptoms of a contagious illness, shall provide 
paid sick leave to the employee for each workday (or portion thereof) 
the employee complies with such direction, up to a maximum of 5 
workdays per 12-month period.
    (b) Employee Compliance With Employer Direction.--An employee shall 
be considered to be in compliance with an employer's direction to leave 
work or not come in to work if the employee leaves work or does not 
come in to work when the employer instructs or advises the employee to 
do so because the employer believes that the employee--
            (1) has symptoms of a contagious illness; or
            (2) has been in close contact with an individual who has 
        symptoms of a contagious illness.
    (c) Duration of Leave.--
            (1) In general.--An employee shall be provided paid sick 
        leave (as calculated in accordance with paragraph (2)) by the 
        employer of the employee for each workday (or portion thereof) 
        the employee complies with the employer's direction to leave 
        work or not come in to work, up to a maximum of 5 days per 12-
        month period.
            (2) Calculation of paid sick leave.--
                    (A) Calculation.--The amount of paid sick leave 
                shall be calculated based on the employee's regular 
                rate of pay and the number of hours the employee would 
                otherwise be normally scheduled to work.
                    (B) Guidelines.--The Secretary of Labor shall issue 
                guidelines to assist employers in calculating the 
                amount of paid sick leave under subparagraph (A).
            (3) Reasonable notice.--After the first workday (or portion 
        thereof) an employee receives paid sick leave under this Act, 
        an employer may require the employee to follow reasonable 
        notice procedures in order to continue receiving such paid sick 
        leave.
            (4) Employer's termination of paid sick leave.--Paid sick 
        leave provided to an employee under this Act shall cease 
        beginning with the employee's next scheduled workshift 
        immediately following notification by the employer to the 
        employee that the employer believes the employee no longer has 
        symptoms of a contagious illness or poses a threat of contagion 
        to other employees of the employer or to the public.

SEC. 4. NOTICE.

    Each employer shall post and keep posted, in conspicuous places on 
the premises of the employer where notices to employees are customarily 
posted, a notice, to be prepared or approved by the Secretary of Labor 
of the requirements described in this Act.

SEC. 5. PROHIBITED ACTS.

    It shall be unlawful for any employer to discharge, discipline, or 
in any other manner discriminate against any employee who--
            (1) complies, in accordance with this Act, with an 
        employer's direction to leave work or not come in to work; or
            (2) has filed any complaint or instituted or caused to be 
        instituted any proceeding under or related to this Act 
        (including a proceeding that seeks enforcement of this Act), or 
        has testified or is about to testify in any such proceeding.

SEC. 6. ENFORCEMENT.

    (a) Unpaid Sick Leave.--An employer who fails to pay sick leave in 
violation of this Act shall--
            (1) be considered to have failed to pay minimum wages in 
        violation of section 6 of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 206); and
            (2) be subject to the penalties described in section 16 of 
        such Act (29 U.S.C. 216) with respect to such violation.
    (b) Unlawful Termination.--An employer who willfully violates 
section 5(2) shall--
            (1) be considered to be in violation of section 15(a)(3) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
            (2) be subject to the penalty described in section 16(a) of 
        such Act (29 U.S.C. 216(a)) with respect to such violation.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to in any way diminish the 
rights or benefits that an employee is entitled to under any--
            (1) other Federal, State, or local law;
            (2) collective bargaining agreement; or
            (3) existing employer policy.

SEC. 8. EFFECTIVE DATE.

    This Act, and the requirements under this Act, shall be effective 
not later than 15 days after the date of enactment of this Act.

SEC. 9. SUNSET.

    This Act, and the requirements under this Act, shall expire 2 years 
after the effective date of this Act.

SEC. 10. DEFINITIONS.

    For purposes of the Act:
            (1) Contagious illness.--The term ``contagious illness'' 
        includes influenza-like-illnesses such as the novel H1N1 virus.
            (2) Employ; employee.--The terms ``employ'' and 
        ``employee'' have the same meanings given such terms in 
        subsections (e) and (g) of section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203 (e) and (g)).
            (3) Employer.--The term ``employer'' has the meaning given 
        such term in section 3(d) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 203(d)), except that the term does not include 
        an employer who--
                    (A) employs fewer than 15 employees; or
                    (B) with respect to an employee being directed to 
                leave work or not come in to work, provides such 
                employee with at least 5 days of paid sick leave per 
                12-month period that may be used at such employee's 
                discretion.
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