Congress is debating a bill requiring certain employers provide workers with unpaid leave so as to care for sick or newborn children.

A. provide workers with unpaid leave so as to
B. to provide workers with unpaid leave so as to
C. provide workers with unpaid leave in order that they
D. to provide workers with unpaid leave so that they can
E. provide workers with unpaid leave and

OA is [spoiler] D. My doubt is that in D isn't it unlear what 'they' refers to? - workers or employers [/spoiler]