; (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (3) Legally protected leave The term legally protected leave , when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. (4) No fault attendance policy The term no fault attendance policy means a policy or pattern and practice maintained by a covered entity under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as demerits or occurrences ) or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. (5) Person The term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ). (6) Secretary The term Secretary means the Secretary of Labor. 112. Requirements for employers relating to no fault attendance policies or attendance systems (a) Requirements for no fault attendance policy It shall be considered an unlawful employment practice for a covered entity to maintain a no fault attendance policy, unless the covered entity complies with the following: (1) The no fault attendance policy shall be distributed in writing— (A) not later than 90 days after the date of enactment of this Act, to all employees employed by the covered entity as of that date of distribution