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HR7531119th CongressWALLET

Healthy Families Act

Sponsored By: Representative Rep. DeLauro, Rosa L. [D-CT-3]

Introduced

Summary

A national earned paid sick time guarantee would let most workers accrue and use paid sick leave and set uniform rules on pay rate, documentation, and confidentiality. The bill would also create enforcement tools and data reporting to track access and compliance.

Show full summary
  • Workers: Most employees covered by the bill would earn paid sick time that carries over and is paid at no less than their regular rate or the applicable minimum wage. Private suits can seek back pay and may recover up to 56 hours of wages where applicable.
  • Employers: Employers that employ workers during 20 or more calendar workweeks would need to post notices, include paid-sick-time rules in handbooks, and may require reasonable documentation. Willful failure to post can bring civil fines up to $100 per offense.
  • Government and states: The Bureau of Labor Statistics would compile annual data on sick-time use, the Government Accountability Office must study implementation within 5 years and issue a separate 3-year rail enforcement report, and States accepting federal funds for a covered program waive sovereign immunity for suits under the Act. Rules would take effect 6 months after the Secretary of Labor issues implementing regulations.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Enforcement, remedies, and time limits

If enacted, employees or their representatives could sue in Federal or State court for denied wages, benefits, or other compensation. If no wages were denied, claimants could recover actual monetary losses up to a sum equal to 56 hours of pay. Courts would be able to award interest, liquidated damages, reinstatement, and reasonable attorney and expert fees. The Secretary of Labor would also have investigatory and subpoena powers and could sue to recover sums, which must be held in a special account and paid to affected people; money not paid within 3 years would be deposited to the Treasury. Actions would generally be timely if filed within 2 years, or 3 years for willful violations.

How much paid sick time

If enacted, covered employees would earn at least 1 hour of paid sick time for every 30 hours worked. Employers would not be required to let employees earn more than 56 hours per year unless the employer chooses a higher limit. You could use earned sick time after your 60th calendar day on the job, and employers may loan time earlier. When you use paid sick time, pay would be the highest of your regular rate, the federal minimum wage, or the state/local minimum wage, and employers must reinstate earned time if you are rehired within 12 months.

Which employers must offer leave

If enacted, this bill would cover any employer that had at least one person working each workday in 20 or more calendar workweeks in the current or preceding year. It would also name the Government Accountability Office, the Library of Congress, rail carriers, and public agencies as covered employers. If your employer is covered, you would be able to earn and use paid sick time under the Act.

Worker protections, privacy, and notices

If enacted, the bill would bar employers from firing, disciplining, or penalizing employees for using or trying to use paid sick time. Employers could not count paid sick time under no-fault attendance rules or require you to find a replacement worker as a condition of taking leave. You would need to request foreseeable leave at least 7 days ahead and certify periods longer than 3 consecutive workdays, but employers could not delay your leave while waiting for the certificate and you would have up to 30 days to provide it. Employers would have to keep health information in a separate confidential file and give employees notice about paid sick time in handbooks and on workplace postings; willful failure to post could trigger a civil fine up to $100 per offense.

Regulations, reports, and start dates

If enacted, the Secretary of Labor would have 180 days after enactment to write regulations, and the Act would start 6 months after those regulations are issued. The Bureau of Labor Statistics would annually report on paid sick time by occupation and workplace type. The Government Accountability Office would study implementation within 5 years, and the Secretary must report to Congress about certain rail employer actions within 3 years. The bill would also authorize the Secretary to run an outreach campaign with appropriations as needed, and collective bargaining agreements in force would get a phased application tied to contract end, later amendment, or 18 months after regulations.

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Sponsors & CoSponsors

Sponsor

Rep. DeLauro, Rosa L. [D-CT-3]

CT • D

Cosponsors

  • Adams

    NC • D

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  • Beyer

    VA • D

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  • Bonamici

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  • Rep. Foushee, Valerie P. [D-NC-4]

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Roll Call Votes

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