[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3869 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3869
To allow Americans to earn paid sick time so that they can address
their own health needs and the health needs of their families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2026
Mr. Sanders (for himself, Mr. Schumer, Mrs. Murray, Ms. Baldwin, Mr.
Blumenthal, Ms. Blunt Rochester, Mr. Booker, Ms. Cantwell, Mr. Coons,
Ms. Duckworth, Mr. Durbin, Mr. Fetterman, Mr. Gallego, Mrs. Gillibrand,
Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. King, Ms.
Klobuchar, Mr. Markey, Mr. Murphy, Mr. Padilla, Mr. Reed, Mr. Schatz,
Ms. Slotkin, Ms. Smith, Mr. Van Hollen, Mr. Welch, and Mr. Wyden)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To allow Americans to earn paid sick time 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Families Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means, regardless of age, a
biological, foster, or adopted child, a stepchild, a child of a
domestic partner, a legal ward, or a child of a person standing
in loco parentis.
(2) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(3) 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, including individuals of the same sex,
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.
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant funding'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located.
(5) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under any other provision
of this paragraph, including such an employee of the
Library of Congress, except that a reference in such
section to an employer shall be considered to be a
reference to an employer described in paragraph
(6)(A)(i)(I);
(ii) an employee of the Government Accountability
Office; or
(iii) an employee of a covered employer described
in paragraph (6)(B)(i)(IV) who performs work that has
been traditionally performed by employees in a railroad
industry craft or class recognized under the Ninth
paragraph of section 2 of the Railway Labor Act (45
U.S.C. 152), including any employee who performs--
(I) work with respect to the movement of
trains;
(II) maintenance of way work;
(III) signal work;
(IV) work for purposes of the inspection,
maintenance, repair, or cleaning of
locomotives, rail maintenance facilities, rail-
related equipment, or rail cars;
(V) dispatching work;
(VI) work with respect to the movement of
equipment within a rail yard; or
(VII) rail clerical or communications work;
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a));
(C) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code (without regard to the limitation in section
6381(1)(B) of that title).
(6) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer who is not
described in any other subclause of this
clause;
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 1 or
more employees for each working day
during each of 20 or more calendar
workweeks in the current or preceding
year;
(II) means the Government
Accountability Office and the Library
of Congress;
(III) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer covered
by this clause to any of the
employees of such employer; and
(bb) any successor in
interest of such an employer;
and
(IV) includes any rail carrier.
(ii) Public agency.--For purposes of clause
(i), a public agency, as defined in section
3(x) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)), shall be considered to be a
person engaged in commerce or in an industry or
activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Employee.--The term
``employee'' has the meaning given such
term in section 3(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(e)).
(II) Person.--The term ``person''
has the meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(7) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(8) Health care provider.--The term ``health care
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the
Secretary to be capable of providing health care
services; and
(B) is not employed by an employer for whom the
provider issues certification under this Act.
(9) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) can be earned by an employee for use during an
absence from employment for any of the reasons
described in paragraphs (1) through (4) of section
3(b); and
(B) is compensated at a rate that is not less than
the greater of--
(i) the regular rate of pay of the
employee;
(ii) the rate specified in section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)); or
(iii) the rate specified in the applicable
State or local minimum wage law.
(10) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, parent-in-law, parent of a domestic partner, or a
legal guardian or other person who stood in loco parentis to an
employee when the employee was a child.
(11) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(14) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the marriage was celebrated.
(15) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(16) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(17) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
SEC. 3. EARNED PAID SICK TIME.
(a) Earning of Paid Sick Time.--
(1) In general.--An employer shall provide each employee
employed by the employer not less than 1 hour of earned paid
sick time for every 30 hours worked, to be used as described in
this section. An employer shall not be required to permit an
employee to earn, under this section, more than 56 hours of
paid sick time in a year, unless the employer chooses to set a
higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in subparagraph
(B), for purposes of this section, an employee who is
exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be deemed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid sick time based upon that
normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
Except as provided in the second sentence of paragraph (7),
employees shall begin to earn paid sick time under this section
at the commencement of their employment. Except as provided in
such sentence, an employee shall be entitled to use the earned
paid sick time beginning on the 60th calendar day following
commencement of the employee's employment. After that 60th
calendar day, the employee may use the paid sick time as the
time is earned. An employer may, at the discretion of the
employer, loan paid sick time to an employee for use by such
employee in advance of the employee earning such sick time as
provided in this subsection and may permit use before the 60th
day of employment.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this section shall
carry over from 1 year to the next.
(B) Construction.--This Act shall not be construed
to require an employer to permit an employee to earn
more than 56 hours of earned paid sick time in a
calendar year.
(5) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this section and
that may be used for the same purposes and under the same
conditions and procedures as the purposes, conditions, and
procedures described in this section shall not be required to
permit an employee to earn additional paid sick time under this
section.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for earned paid sick time that has not been used.
(7) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer, the employer shall
reinstate the employee's previously earned paid sick time. The
employee shall be entitled to use the earned paid sick time and
earn additional paid sick time at the recommencement of
employment with the employer.
(8) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this Act, that the
employee involved search for or find a replacement employee to
cover the hours during which the employee is using paid sick
time.
(b) Uses.--Paid sick time earned under subsection (a) may be used
by an employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship, who--
(A) has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
(B) is required to attend--
(i) in the case of someone who is a child,
a school meeting; or
(ii) a meeting at a place where the child,
parent, spouse, domestic partner, or such other
individual is receiving care necessitated by a
health condition or disability of the child,
parent, spouse, domestic partner, or such other
individual;
(C) is in