; and (B) does not include— (i) leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.); or (ii) any form of sick leave. (5) Rail carrier The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. (6) Secretary Unless otherwise specified, the term Secretary means the Secretary of Labor. (7) Sick leave The term sick leave means leave provided to an employee by the employer of such employee for reasons such as personal medical needs, family care or bereavement, care of a family member with a serious health condition, or adoption-related purposes, including leave required to be provided for such reasons under State or Federal law. (8) 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 ). 3. Earned annual leave (a) Earning of paid annual leave (1) Earning of annual leave An employer shall provide each employee employed by the employer not less than 1 hour of paid annual leave for every 25 hours worked. (2) Limit For purposes of complying with paragraph (1), an employer shall not be required to provide more than 80 hours of paid annual leave to an employee during any 12-month period. (3) Commencement of earning paid annual leave An employee shall begin to earn paid annual leave at the commencement of employment of such employee. (4) Overtime exempt employee 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) Use of paid annual leave (1) In general Paid annual leave may be used by an employee for any reason. (2) Timing Subject to paragraphs (2) and (3) of subsection (c), an employee may use paid annual leave earned by the employee— (A) beginning on the 60th calendar day after the first date of employment of the employee