; 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) )