; employer The terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Secretary The term Secretary means the Secretary of Labor. 3. Certification program established (a) In general The Secretary shall establish a national certification program to award certifications to recognize employers that have a commitment to helping employees balance employment responsibilities and family obligations (referred to in this section as family-friendly certifications ). (b) Criteria for certification In order to be eligible to receive a family-friendly certification, an employer must carry out each of the following family-friendly employment policies and benefits: (1) Assistance paying for, or referring employees to, fertility or adoption services. (2) Paid family leave of not less than 12 weeks per year, including the option to use leave for any of the following reasons: (A) The birth of a son or daughter of the employee and in order to care for such son or daughter. (B) The placement of a son or daughter with the employee for adoption or foster care. (C) To address the employee's own serious health condition, including pregnancy or childbirth. (D) To address the serious health condition (as defined in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )) of a family member. (E) For specific military caregiving and leave. (3) Paid sick days for employees that are separate from time accrued as part of a paid time off policy. (4) A subsidy for child care or policies that allow parents to work alongside their infants in safe settings. (5) Policies that allow for flexible hours once a parent returns to work after a birth, adoption, or foster care placement. (6) If feasible, policies that allow employees to work remotely as needed for reasons related to the care of a child. (7) Lactation support, such as reimbursement of expressed breastmilk delivery while on travel, access to pumps, kits, and other lactation supplies and