; (ii) includes— (I) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (II) any successor in interest of such an employer; and (iii) does not include any public agency. (B) Definitions For purposes of this subparagraph: (i) Employee The term employee has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (ii) Person The term person has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (iii) Public agency The term public agency has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (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 subtitle. (9) 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 332(b)