; 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. (8) Paid sick time The term paid sick time means an increment of compensated leave that— (A) can be— (i) earned by an employee for use during an absence from employment for a reason described in any paragraph of section 3(b); or (ii) provided by an employer during a public health emergency for use during an absence from employment for a reason described in any paragraph of section 3(b); and (B) is compensated at a rate that is not less than the greatest of— (i) the employee’s regular rate of pay; (ii) the minimum wage rate provided for in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) )