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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GERGELY, BELFANTI, BRENNAN, BROWN, BUXTON, DALEY, DEASY, EACHUS, FABRIZIO, FREEMAN, GIBBONS, HARKINS, JOSEPHS, McGEEHAN, MELIO, MURPHY, M. O'BRIEN, PAYTON AND STABACK, JULY 6, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 6, 2009 |
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| AN ACT |
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1 | Providing for paid sick leave for certain employees, for duties |
2 | of the Department of Labor and Industry and for enforcement; |
3 | and imposing a civil penalty. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Healthy |
8 | Families, Healthy Workplaces Act. |
9 | Section 2. Declaration of policy. |
10 | The General Assembly finds and declares as follows: |
11 | (1) Nearly every worker in this Commonwealth will at |
12 | some time during the year need temporary time off from work |
13 | to take care of the worker's own health needs or the health |
14 | needs of family members or to deal with safety issues arising |
15 | from domestic or sexual violence. |
16 | (2) There are many workers in this Commonwealth who are |
17 | not entitled to any paid sick leave to care for their own |
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1 | health needs or the health needs of family members. |
2 | (3) Low-income workers are significantly less likely to |
3 | have paid sick leave than other members of the work force. |
4 | (4) Providing workers time off to attend to their own |
5 | health care and the health care of family members will ensure |
6 | a healthier and more productive work force in this |
7 | Commonwealth. |
8 | (5) Paid sick leave will have a positive effect on |
9 | public health in this Commonwealth by allowing sick workers |
10 | the occasional option of staying home to care for themselves |
11 | when ill thus lessening their recovery time and reducing the |
12 | likelihood of spreading illness to other members of the work |
13 | force. |
14 | (6) Paid sick leave will allow parents to provide |
15 | personal care for their sick children. Parental care makes |
16 | children's recovery faster, prevents more serious illnesses |
17 | and improves children's overall mental and physical health. |
18 | (7) Providing minimal paid sick leave is affordable for |
19 | employers and good for business. |
20 | (8) Employers who provide paid sick leave have greater |
21 | employee retention and avoid the problem of workers coming to |
22 | work sick. Studies have shown that costs from on-the-job |
23 | productivity losses resulting from sick workers on the job |
24 | exceed the cost of absenteeism among employees. |
25 | Section 3. Definitions. |
26 | The following words and phrases when used in this act shall |
27 | have the meanings given to them in this section unless the |
28 | context clearly indicates otherwise: |
29 | "Child." A biological, adopted or foster child, stepchild or |
30 | legal ward or a child to whom the employee stands in loco |
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1 | parentis who is under 18 years of age or who is 18 years of age |
2 | or older but incapable of self-care or earning a living due to a |
3 | physical or mental disability or incapacity. |
4 | "Department." The Department of Labor and Industry of the |
5 | Commonwealth. |
6 | "Domestic violence." As "abuse" is defined in 23 Pa.C.S. § |
7 | 6102 (relating to definitions). |
8 | "Employee." As defined in section 3 of the act of January |
9 | 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968. |
10 | "Employer." As defined in section 3 of the act of January |
11 | 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968. |
12 | "Extended family member." A relative within the third degree |
13 | by blood or marriage. |
14 | "Grandparent." A parent of a parent. |
15 | "Health care provider." As defined in section 109 of the act |
16 | of June 2, 1915 (P.L.736, No.338), known as the Workers' |
17 | Compensation Act. |
18 | "Paid sick leave." Leave that is compensated at the same |
19 | hourly rate as the employee earns form the employee's employment |
20 | and is provided by an employer or small employer to an employee |
21 | for the purposes described in section 4. |
22 | "Parent." A biological or foster parent, stepparent or |
23 | adoptive parent or legal guardian of an employee or an |
24 | employer's spouse or a person who stood in loco parentis when |
25 | the employee was a minor child. |
26 | "Retaliatory personnel action." The discharge, suspension or |
27 | demotion by an employer of an employee or any other adverse |
28 | employment action taken by an employer against an employee in |
29 | the terms and conditions of employment. |
30 | "Sexual assault." As the offense is defined in 18 Pa.C.S. § |
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1 | 3124.1 (relating to sexual assault). |
2 | "Small employer." Any private individual, firm, partnership, |
3 | institution, corporation or association that employs less than |
4 | ten persons. |
5 | "Spouse." A person to whom the employee is legally married |
6 | under the laws of Pennsylvania. |
7 | "Stalking." As the offense is defined in 18 Pa.C.S. § 2709.1 |
8 | (relating to stalking). |
9 | Section 4. Accrual of paid sick leave. |
10 | (a) General rule.--Except as provided for in subsection (b), |
11 | employers shall provide a minimum of one hour of paid sick leave |
12 | for every 40 hours worked by an employee. Employers are not |
13 | required to provide more than 52 hours of sick leave for an |
14 | employee in a calendar year. |
15 | (b) Exception.--Employers that employ fewer than ten |
16 | individuals shall provide a minimum of one hour of paid sick |
17 | leave for every 80 hours worked by an employee. Employers under |
18 | this subsection are not required to provide more than 26 hours |
19 | of paid sick leave in a calendar year. |
20 | (c) Accrual of leave.--Paid sick leave shall accrue in hour |
21 | unit increments. Paid sick leave shall begin to accrue at the |
22 | date of hire as indicated in the employee's personnel file. |
23 | (d) Use of leave.--Employees shall be entitled to use |
24 | accrued paid sick leave beginning 90 business days following the |
25 | employee's date of hire. After 90 business days of employment, |
26 | employees may use sick leave as it is accrued. |
27 | (e) Carry forward of leave.--No more than 40 hours of paid |
28 | sick leave of an employee may carry forward from one calendar |
29 | year to the next. |
30 | (f) Compliance.--An employer with a paid leave policy who |
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1 | makes available an amount of paid leave that may be used for the |
2 | same purposes and under the same conditions as paid sick leave |
3 | under this section shall be deemed to be in compliance with this |
4 | section. |
5 | Section 5. Use of paid sick leave. |
6 | (a) General rule.--Paid sick leave shall be provided to an |
7 | employee by an employer or small employer for: |
8 | (1) An employee's mental or physical illness, injury or |
9 | health condition or need for medical diagnosis, care or |
10 | treatment of a mental or physical illness, injury or health |
11 | condition or need for preventive medical care. |
12 | (2) Care of a spouse, child, parent, grandparent or |
13 | extended family member, or any other individual related by |
14 | blood or affinity whose close relationship with the employee |
15 | is the equivalent of a family relationship, with a mental or |
16 | physical illness, injury or health condition who needs |
17 | medical diagnosis, care or treatment of a mental or physical |
18 | illness, injury or health condition or who needs preventive |
19 | medical care. |
20 | (3) Absence necessary due to domestic violence, provided |
21 | the leave is to: |
22 | (i) Seek medical attention for the employee or |
23 | employee's child, spouse, parent, grandparent or extended |
24 | family member to recover from physical or psychological |
25 | injury or disability caused by domestic or sexual |
26 | violence. |
27 | (ii) Obtain services from a victims' services |
28 | organization. |
29 | (iii) Obtain psychological or other counseling. |
30 | (iv) Seek relocation due to the domestic or sexual |
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1 | violence or stalking. |
2 | (v) Take legal action, including preparing for or |
3 | participating in any civil or criminal legal proceeding |
4 | related to or resulting from the domestic or sexual |
5 | violence. |
6 | (b) Notice.--An employer or small employer may require |
7 | reasonable notice of the need for paid sick leave. Where the |
8 | need for the leave is foreseeable, an employer may require |
9 | advance notice of the intention to take such leave, but in no |
10 | case shall require notice of more than seven days' advance |
11 | notice. Where the need is not foreseeable, an employer may |
12 | require an employee to give notice of the need for leave as soon |
13 | as practicable. |
14 | (c) Documentation.--For leave of more than three consecutive |
15 | days, an employer may require reasonable documentation that the |
16 | paid leave is covered by subsection (a). Under subsection (a)(1) |
17 | or (2), documentation signed by a health care professional |
18 | indicating the need for the number of paid sick leave days shall |
19 | be considered reasonable documentation. Under subsection (a)(3) |
20 | a court record or documentation signed by an employee or |
21 | volunteer working for a victims' services organization, an |
22 | attorney, police officer or other antiviolence counselor shall |
23 | be considered reasonable documentation. |
24 | Section 6. Retaliation prohibited. |
25 | An employer or small employer shall not take retaliatory |
26 | personnel action or discriminate against an employee because the |
27 | employee has requested paid sick leave under this act or taken |
28 | paid sick leave guaranteed by this act or made a complaint or |
29 | filed an action to enforce an employee's right to paid sick |
30 | leave under this act. |
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1 | Section 7. Notice and posting. |
2 | (a) Notice.--Employers shall give notice to employees |
3 | entitled to paid sick leave of the following: |
4 | (1) The amount of paid sick leave and the terms of its |
5 | use guaranteed under this act. |
6 | (2) That retaliation against employees who request or |
7 | use paid sick leave is prohibited. |
8 | (3) That each employee has the right to file a complaint |
9 | or bring a civil action if sick leave as required by this act |
10 | is denied by the employer or the employee is retaliated |
11 | against for requesting or taking paid sick leave. |
12 | (b) Compliance.-- |
13 | (1) Employers may comply with this section by supplying |
14 | each of their employees with a notice that contains the |
15 | information required in subsection (a). |
16 | (2) Employers may comply with this section by displaying |
17 | a poster in a conspicuous and accessible place in each |
18 | establishment where employees are employed which contains the |
19 | information required under subsection (a). |
20 | (c) Department poster.--The department shall create posters |
21 | and make them available to employers to assist employers in |
22 | complying with this act. The posters shall contain the |
23 | information required under subsection (a). |
24 | Section 8. Regulations. |
25 | The department shall promulgate regulations to carry out the |
26 | provisions of this act. |
27 | Section 9. Enforcement. |
28 | (a) Failure to provide leave.-- |
29 | (1) Any person aggrieved by failure to provide paid sick |
30 | leave as required by this act may bring a civil action in a |
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1 | court of competent jurisdiction against an employer violating |
2 | this act. |
3 | (2) Upon prevailing in an action brought pursuant to |
4 | this subsection aggrieved, persons shall recover the full |
5 | amount of any unpaid sick leave plus any actual damages |
6 | suffered as the result of the employer's failure to provide |
7 | paid sick leave and shall also be entitled to reasonable |
8 | attorney fees. |
9 | (3) Upon prevailing in an action brought pursuant to |
10 | this subsection, aggrieved persons shall be entitled to such |
11 | legal or equitable relief as may be appropriate to remedy the |
12 | violation, including, without limitation, reinstatement in |
13 | employment and injunctive relief. |
14 | (b) Retaliatory personnel action.--An employee subjected to |
15 | retaliatory personnel action in violation of this act may |
16 | institute a civil action in a court of competent jurisdiction |
17 | and shall be entitled to recover damages and any other legal or |
18 | equitable relief as may be appropriate. An employee who prevails |
19 | in an action under this subsection shall be entitled to |
20 | reasonable attorney fees. |
21 | (c) Complaint.--Any person aggrieved by either a retaliatory |
22 | personnel action in violation of this act or by an employer's |
23 | failure to provide paid sick leave as required by this act may |
24 | file a complaint with the Office of Attorney General. The filing |
25 | of a complaint with the Office of Attorney General does not |
26 | preclude the filing of a civil action pursuant to subsection (a) |
27 | or (b). |
28 | (d) Action of Attorney General.--The Attorney General may |
29 | bring a civil action to enforce this act. The Attorney General |
30 | may seek injunctive relief. In addition to injunctive relief, or |
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1 | in lieu thereof, for any employer or other person found to have |
2 | willfully violated this section, the Attorney General may seek |
3 | to impose a fine of $1,000 per violation. |
4 | (e) Class action.--Actions brought under this section may be |
5 | brought as a class action pursuant to the laws of this |
6 | Commonwealth. |
7 | Section 10. Confidentiality and nondisclosure. |
8 | If an employer possesses health information or information |
9 | pertaining to domestic violence about an employee or employee's |
10 | child, parent, spouse, extended family member or other |
11 | individual described in section 5, the information shall be |
12 | treated as confidential and not disclosed except pursuant to the |
13 | Health Insurance Portability and Accountability Act of 1996 |
14 | (Public Law 104-191, 110 Stat. 1936). |
15 | Section 11. Construction. |
16 | The following apply: |
17 | (1) Nothing in this act shall be construed to discourage |
18 | or prohibit an employer from the adoption or retention of a |
19 | paid leave policy more generous than the one required under |
20 | this act. |
21 | (2) Nothing in this act shall be construed as |
22 | diminishing the obligation of an employer to comply with any |
23 | contract, collective bargaining agreement, employment benefit |
24 | plan or other agreement providing more generous leave to an |
25 | employee than required herein. |
26 | (3) Nothing in this act shall be construed as |
27 | diminishing the rights of public employees regarding paid |
28 | sick leave or use of sick leave as provided in the employees' |
29 | employment contract or collective bargaining agreement. |
30 | (4) Nothing in this act shall be construed to conflict |
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1 | with the act of January 17, 1968 (P.L.11, No.5) known as The |
2 | Minimum Wage Act of 1968. |
3 | Section 12. Effective date. |
4 | This act shall take effect as follows: |
5 | (1) This section and section 8 shall take effect |
6 | immediately. |
7 | (2) The remainder of this act shall take effect in 180 |
8 | days. |
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