PRINTER'S NO. 3586
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2548
Session of
2024
INTRODUCED BY O'MARA, HANBIDGE, MADDEN, DELLOSO, GUENST, MERSKI,
SANCHEZ, HOHENSTEIN, RABB, ISAACSON, SCHLOSSBERG, HILL-EVANS,
KRAJEWSKI, FIEDLER, HOWARD, HARKINS, FLEMING, CIRESI, DEASY,
STURLA, KINKEAD, FREEMAN, KHAN, D. WILLIAMS, SHUSTERMAN AND
DALEY, SEPTEMBER 6, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 6, 2024
AN ACT
Providing for the right for employees to paid sick leave from
employers and for civil penalties and remedies.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Scope of act.
Section 3. Definitions.
Section 4. Accrual of earned paid sick time.
Section 5. Use of earned paid sick time.
Section 6. Payment of earned sick time.
Section 7. Notice and posting.
Section 8. Employer records.
Section 9. Regulations.
Section 10. Confidentiality and nondisclosure.
Section 11. Other legal requirements.
Section 12. Exercise of rights protected and retaliation
prohibited.
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Section 13. Complaint procedure.
Section 14. Enforcement.
Section 15. Construction.
Section 16. Public education and outreach.
Section 17. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Healthy
Families and Workplaces Act.
Section 2. Scope of act.
This act relates to promoting healthy families and workplaces
by establishing an earned paid sick time policy in this
Commonwealth in order to:
(1) Ensure that all workers in this Commonwealth can
address their own health and safety needs and the health and
safety needs of their families by requiring employers to
provide a minimum level of earned paid sick time, including
time to care for their family members.
(2) Diminish public and private health care costs and
promote preventive health services in this Commonwealth by
enabling workers to seek early and routine medical care for
themselves and their family members.
(3) Protect the public's health in this Commonwealth by
reducing the risk of contagion.
(4) Promote the economic security and stability of
workers and their families.
(5) Protect employees in this Commonwealth from losing
their jobs or facing workplace discipline when they use the
paid sick time they earn to care for themselves or their
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families.
(6) Assist victims of domestic violence and their family
members by providing them job-protected time away from work
to receive treatment and take the necessary steps to ensure
their safety.
(7) Safeguard the public welfare, health, safety and
prosperity of the people of this Commonwealth.
(8) Accomplish the purposes described in this section in
a manner that is feasible for employers.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Earned paid sick time." Time that an employee is
compensated for at the same hourly rate and with the same
benefits, including health care benefits, as the employee
normally earns during hours worked and is provided by the
employer to the employee for the purposes described in section
5.
"Employee." An individual who works part time or full time
for an employer or who is under the direction of an employer or
a subcontractor of an employer for wages, salary or remuneration
of any type under contract or subcontract of employment. The
term does not include an individual who is subject to the
provisions of the Railroad Unemployment Insurance Act of 1938
(45 U.S.C. § 351 et seq.).
"Employer." A person, including an agent of a person, that
engages the services of an employee for wages, salary or
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remuneration of any type under contract or subcontract of
employment. The term does not include the Federal Government.
"Family member." Any of the following with respect to an
employee:
(1) Regardless of age, a biological, adopted or foster
child, stepchild or legal ward, a child of a domestic
partner, a child to whom the employee stands in loco parentis
or an individual to whom the employee stood in loco parentis
when the individual was a minor.
(2) A biological, foster, stepparent or adoptive parent
or legal guardian of the employee or the employee's spouse or
domestic partner or an individual who stood in loco parentis
when the employee or employee's spouse or domestic partner
was a minor child.
(3) An individual to whom the employee is legally
married under the laws of a state or a domestic partner of an
employee as registered under the laws of a state or political
subdivision.
(4) A grandparent, grandchild or sibling, whether of a
biological, foster, adoptive or step relationship, of the
employee or the employee's spouse or domestic partner.
(5) Any other individual related by blood.
(6) Any other individual whose close association with
the employee is the equivalent of a family relationship.
"Health care provider." An individual licensed under Federal
or State law to provide medical or emergency services, including
a doctor, nurse, certified nurse midwife and emergency room
personnel.
"Minimum Wage Act." The act of January 17, 1968 (P.L.11,
No.5), known as The Minimum Wage Act of 1968.
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"Municipality." A city, borough, incorporated town or
township. The term includes a municipality operating under 53
Pa.C.S. Pt. III Subpt. E (relating to home rule and optional
plan government).
"Retaliatory personnel action." Any of the following:
(1) A denial of a right guaranteed under this act.
(2) A threat, discharge, suspension, demotion, reduction
of hours, reporting or threatening to report an employee's
suspected citizenship or immigration status or the suspected
citizenship or immigration status of a family member of the
employee to a Federal, State or local agency.
(3) Any other adverse action against an employee for the
exercise of a right guaranteed under this act, including a
sanction against an employee who is the recipient of public
benefits for rights guaranteed under this act.
(4) Interference with or punishment for in any manner
participating in or assisting an investigation, proceeding or
hearing under this act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
"Year." As follows:
(1) A regular and consecutive 12-month period as
determined by an employer and communicated to its employees.
(2) For the purposes of sections 8 and 14, the term
means a calendar year.
Section 4. Accrual of earned paid sick time.
(a) General rule.--An employee shall accrue a minimum of one
hour of earned paid sick time for every 30 hours worked,
beginning at the commencement of employment or on the date this
act goes into effect, whichever is later.
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(b) Exemption.--An employee who is exempt from overtime
requirements of section 5 of the Minimum Wage Act as an
administrative, executive or professional employee shall be
deemed to work 40 hours per workweek for purposes of this act
unless the employee's normal workweek is less than 40 hours, in
which case the employee shall accrue earned paid sick time based
upon that normal workweek.
(c) Limit.--An employer may limit an employee's use of
earned paid sick time to 80 hours in each year.
(d) Carry over.--
(1) An employer shall carry over earned paid sick time
to the following year.
(2) In lieu of carryover of unused earned paid sick time
from one year to the next under paragraph (1), an employer
may pay an employee for unused earned paid sick time at the
end of a year and provide the employee with an amount of paid
sick time that meets or exceeds the requirements of this act
that is available for the employee's immediate use at the
beginning of the subsequent year.
(e) Distribution of leave.--An employer may:
(1) Provide the full amount of earned paid sick time an
employee is expected to earn in the year to the employee at
the beginning of the year.
(2) Lend earned paid sick time to an employee in advance
of accrual, documenting that loan.
(f) Additional time not required.--
(1) An employer is not required to provide additional
paid sick time if the employer provides a paid leave policy
or paid time off policy that makes an amount of leave
available that is sufficient to meet the accrual, carryover
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and use requirements of this act.
(2) The leave or time off provided under the employer's
paid leave policy or paid time off policy may be used to
satisfy the earned paid sick time requirements of this act.
(3) When used to satisfy the requirements of this act,
the leave shall be used for the same purposes, under the same
conditions, and with the same protections as earned paid sick
time under this act.
Section 5. Use of earned paid sick time.
(a) General rule.--An employer shall provide earned paid
sick time to an employee for:
(1) The employee's:
(i) mental or physical illness, injury or health
condition;
(ii) need for medical diagnosis, care or treatment
of a mental or physical illness, injury or health
condition; or
(iii) need for preventive medical care.
(2) Care of a family member:
(i) with a mental or physical illness, injury or
health condition;
(ii) who needs medical diagnosis, care or treatment
of a mental or physical illness, injury or health
condition;
(iii) who needs preventive medical care; or
(iv) where, in the case of a child, the employee
must attend a school meeting or a meeting at a place
where the child receives care necessitated by the child's
health condition or disability or emotional difficulties
caused by an act of abuse or sexual violence as defined
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in paragraph (6).
(3) Closure of the employee's place of business by order
of a public official due to a public health emergency.
(4) The employee's need to care for a child whose school
or place of care has been closed by order of a public
official due to a public health emergency.
(5) The employee's need to care for oneself or a family
member when it has been determined by a health authority
having jurisdiction, a health care provider or the employer
of the employee or employee's family member, that the
employee's or family member's presence in the community may
jeopardize the health of others because of the employee's or
family member's exposure to a communicable disease, whether
or not the employee or family member has actually contracted
the communicable disease.
(6) The employee's inability to work or telework because
the employee is:
(i) prohibited from working by the employer due to
health concerns related to the potential transmission of
a communicable illness related to the public health
emergency; or
(ii) seeking or awaiting the results of a diagnostic
test for, or a medical diagnosis of, the communicable
illness related to a public emergency and the employee
has been exposed to the communicable illness or the
employee's employer has requested the test or diagnosis.
(7) Absence necessary due to an act of abuse as defined
in 23 Pa.C.S. § 6102(a) (relating to definitions), sexual
violence as defined in 42 Pa.C.S. § 62A03 (relating to
definitions) or an act of domestic or other violence as
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defined in 55 Pa. Code § 3042.3 (relating to definitions), if
the leave is for the purpose of allowing the employee to
obtain for the employee or the employee's family member:
(i) Diagnosis, treatment, care or other assistance
for a physical, mental or emotional injury or other
medical attention needed to recover from a physical or
psychological injury or disability caused by abuse or
sexual violence.
(ii) Services from a victim services organization.
(iii) Psychological or other counseling.
(iv) Relocation or taking steps to secure an
existing home due to the abuse or sexual violence.
(v) Legal services, including preparing for or
participating in a civil or criminal legal proceeding,
related to or resulting from the abuse or sexual
violence.
(b) Request for time.--An employer shall provide, at the
request of an employee, earned paid sick time. The request may
be made orally, in writing, by electronic means or by any other
means acceptable to the employer. When possible, the request
shall include the expected duration of the absence.
(c) Good faith effort by employee.--
(1) If the use of earned paid sick time is foreseeable,
the employee shall make:
(i) a good faith effort to provide notice of the
need for time to the employer in advance of the use of
the earned paid sick time; and
(ii) a reasonable effort to schedule the use of
earned paid sick time in a manner that does not unduly
disrupt the operations of the employer.
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(2) If the use of earned paid sick time is not
foreseeable, the employee shall provide written or verbal
notice of the need for the leave to the employer as soon as
practicable.
(d) Policy.--An employer that requires specific notice of
the use of earned paid sick time shall provide a written policy
that contains procedures for the employee to provide notice. An
employer that has not provided to the employee a copy of its
written policy for providing specific notice may not deny earned
paid sick time to the employee based on noncompliance with the
policy.
(e) Coverage.--An employer may not require, as a condition
of an employee's taking earned paid sick time, that the employee
search for or find a replacement worker to cover the hours or
days during which the employee uses earned paid sick time.
(f) Increments.--Earned paid sick time may be used in the
smaller of hourly increments or the smallest increment that the
employer's payroll system uses to account for absences or use of
other time.
(g) Documentation.--
(1) For earned paid sick time of three or more
consecutive work days, an employer may require reasonable
documentation that the earned paid sick time has been used
for a purpose covered by this subsection.
(2) Documentation signed by a heath care professional
indicating that earned paid sick time is necessary shall be
considered reasonable documentation for purposes of this
section.
(3) In a case of abuse or sexual violence any of the
following types of documentation shall be considered
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reasonable documentation:
(i) A police report indicating that the employee or
the employee's family member was a victim of abuse or
sexual violence.
(ii) A signed statement from a victim and witness
advocate affirming that the employee or employee's family
member is receiving services from a victim services
organization.
(iii) A court document indicating that the employee
or employee's family member is involved in legal action
related to abuse or sexual violence.
(iv) An employer may not require that the
documentation explain the nature of the illness or the
details of the violence.
(h) Cost of documentation.--
(1) If an employer chooses to require documentation for
earned paid sick time and the employer does not offer health
insurance to an employee, the employer shall pay all out-of-
pocket expenses the employee incurs in obtaining the
documentation.
(2) If an employee has health insurance, the employer
shall pay costs charged to the employee by the health care
provider for providing the specific documentation required by
the employer.
(3) An employer shall pay costs charged to an employee
for documentation of abuse or sexual violence required by the
employer.
Section 6. Payment of earned sick time.
(a) Calculation.--
(1) Earned paid sick time may not be compensated at an
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hourly amount less than that provided under 29 U.S.C. §
206(a)(1) (relating to minimum wage), The Minimum Wage Act or
a higher amount if a higher amount is enacted for employees
in this Commonwealth, whichever is greater.
(2) If an employee, in the 90 days of employment before
using accrued sick leave, had different hourly pay rates, was
paid by commission or piece rate or was a nonexempt salaried
employee, the rate of pay shall be calculated by dividing the
employee's total wages, not including overtime premium pay,
by the total number of hours worked in the full pay periods
of the prior 90 days of employment.
(b) Payment.--An employer shall provide payment for earned
paid sick time used by an employee no later than the payday for
the next regular payroll period after the earned paid sick time
was used.
(c) Reimbursement.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement or other separation from employment for
accrued earned paid sick time that has not been used unless
otherwise required by law or collective bargaining agreement.
(d) Transfer.--If an employee is transferred to a separate
division, entity or location, but remains employed by the same
employer, the employee is entitled to:
(1) all earned paid sick time accrued at the prior
division, entity or location; and
(2) use all earned paid sick time as provided in this
section.
(e) Separation.--
(1) If there is a separation from employment and the
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employee is rehired within 12 months of separation by the
same employer, the employer shall reinstate previously
accrued earned paid sick time that had not been used.
(2) The employee shall be entitled to use accrued earned
paid sick time and accrue additional earned paid sick time at
the recommencement of employment.
(f) Succession or takeover.--If a different employer
succeeds or takes the place of an existing employer, all
employees of the original employer who remain employed by the
successor employer are entitled to:
(1) all earned paid sick time they accrued when employed
by the original employer; and
(2) use earned paid sick time previously accrued.
Section 7. Notice and posting.
(a) Duty of employer.--
(1) An employer shall give an employee written notice of
the following at the commencement of employment:
(i) Entitlement to earned paid sick time and the
amount of earned paid sick time.
(ii) The terms of use of earned paid sick time
guaranteed under this act.
(iii) Retaliatory personnel action against an
employee who requests or uses earned paid sick time is
prohibited by law.
(iv) The right to file a complaint or bring a civil
action if earned paid sick time as required by this act
is denied by the employer or the employee is subjected to
retaliatory personnel action for requesting or taking
earned paid sick time.
(v) The contact information for the department where
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questions about rights and responsibilities under this
act can be answered.
(2) The department may impose penalties on an employer
that fails to provide notice in accordance with this
subsection.
(b) Display.--An employer shall display a poster, developed
by the department, in a conspicuous place within each workplace
of the employer, that states all of the following:
(1) An employee is entitled to accrue, request and use
earned paid sick time provided under this act.
(2) The amount of earned paid sick time provided under
this act.
(3) The terms of use of earned paid sick time.
(4) Retaliatory personnel actions or discrimination
against an employee who requests earned paid sick time or
uses earned paid sick time, or both, is prohibited and that
an employee has the right under law to file a complaint with
the department against an employer that retaliates or
discriminates against the employee.
(c) Information on paycheck.--The amount of earned paid sick
time available to an employee, the amount of earned paid sick
time taken by an employee to date in the year and the amount of
pay an employee has received as earned paid sick time, shall be
recorded in, or on an attachment to, the employee's regular
paycheck.
Section 8. Employer records.
(a) Duty of employer.--An employer shall retain records
documenting hours worked by an employee and earned paid sick
time taken by an employee for a period of three years, and shall
allow the department access to the records, with appropriate
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notice and at a mutually agreeable time, to monitor compliance
with the requirements of this act.
(b) Presumption.--If an issue arises as to an employee's
entitlement to earned paid sick time under this section and the
employer has not maintained or retained adequate records
documenting hours worked by the employee and earned paid sick
time taken by the employee, or does not allow the department
reasonable access to the records, it shall be presumed that the
employer has violated this act, absent clear and convincing
evidence otherwise.
Section 9. Regulations.
The department may promulgate rules and regulations to
administer and enforce this act.
Section 10. Confidentiality and nondisclosure.
(a) Prohibition.--An employer may not require disclosure of
details relating to abuse or sexual violence or the details of
an employee's or an employee's family member's health
information as a condition of providing earned paid sick time
under this act.
(b) Duty of employer.--If an employer possesses health
information or information pertaining to abuse or sexual
violence about an employee or employee's family member, the
employer shall treat the information as confidential and may not
disclose the information, except to the affected employee or
with the permission of the affected employee.
Section 11. Other legal requirements.
This act provides minimum requirements pertaining to earned
paid sick time and shall not be construed to preempt, limit or
otherwise affect the applicability of any other law, regulation,
requirement, policy or standard that:
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(1) provides greater accrual or use by an employee of
earned paid sick time; or
(2) extends other protections to an employee.
Section 12. Exercise of rights protected and retaliation
prohibited.
The following apply:
(1) An employer or other person may not interfere with,
restrain or deny the exercise of or the attempt to exercise a
right protected under this act.
(2) An employer may not take retaliatory personnel
action or discriminate against an employee or former employee
because the individual has exercised a right protected under
this act, including:
(i) The right to request or use earned paid sick
time as provided under this act.
(ii) The right to file a complaint with the
department or court or inform an individual about an
employer's alleged violation of this act.
(iii) The right to participate in an investigation,
hearing or proceeding or cooperate with or assist the
department in the department's investigation of an
alleged violation of this act.
(iv) The right to inform an individual of the
individual's rights under this act.
(3) An employer may not establish or enforce an absence
control policy to count earned paid sick time taken under
this act as an absence that leads to or results in
discipline, discharge, demotion, suspension or other adverse
action against an employee.
(4) This section shall apply to an individual who, in
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good faith, alleges a violation of this act.
(5) There shall be a rebuttable presumption of unlawful
retaliatory personnel action under this section if an
employer takes adverse action against an individual within 90
days of when the individual:
(i) files a complaint with the department or a court
alleging a violation of this act;
(ii) informs a person about the employer's alleged
violation of this act;
(iii) cooperates with the department or a person in
the investigation or prosecution of an alleged violation
of this act;
(iv) opposes a policy, practice or act that is
unlawful under this act; or
(v) informs another individual of the other
individual's rights under this act.
Section 13. Complaint procedure.
An employee may file on a form prescribed by the department a
complaint against the employer for an alleged violation of this
act. The department shall establish a process by regulation for
investigating and resolving a complaint.
Section 14. Enforcement.
(a) Violation.--An employer who willfully violates the
notice and posting provisions of section 7 shall be subject to a
penalty, not to exceed $250 for each offense, to be imposed by
the department.
(b) Department order.--The department may order an employer
who is found to be in violation of this act to do any of the
following with respect to an employee:
(1) Reinstate the employee with back pay.
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(2) Pay the employee the amount of sick leave unlawfully
withheld.
(3) Pay the employee an additional sum in the form of an
administrative penalty as follows:
(i) If earned paid sick time was unlawfully
withheld, the administrative penalty shall be an amount
equal to the dollar amount of earned paid sick time
unlawfully withheld multiplied by three, or $250,
whichever is greater, not to exceed $5,000.
(ii) If the violation of this act resulted in
additional harm to the employee, such as discharge from
employment, or otherwise results in a violation of the
rights of the employee, the administrative penalty shall
include an additional sum of $500 for each day or portion
of a day that the violation occurred or continued, not to
exceed $10,000.
(c) Civil action.--The secretary, the Attorney General or an
employee may bring a civil action in a court of competent
jurisdiction against the employer or a person violating this act
and, upon prevailing and except as provided under subsection (d)
or (e), shall be entitled to collect legal or equitable relief
on behalf of the aggrieved as may be appropriate to remedy the
violation, including:
(1) Reinstatement of the employee with back pay.
(2) Payment of earned paid sick time unlawfully
withheld.
(3) The payment of:
(i) An additional sum, not to exceed an aggregate
penalty of $5,000, as liquidated damages in the amount of
$50 to each employee or individual whose rights under
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this act were violated for each day or portion of a day
that the violation occurred or continued.
(ii) If the employer unlawfully withheld earned paid
sick time to the employee, the dollar amount of paid sick
days withheld from the employee multiplied by three or
$250, whichever amount is greater.
(4) Injunctive relief.
(5) Reasonable attorney fees and costs.
(d) Limitation on damages.--The secretary, the Attorney
General or an employee enforcing this act on behalf of the
public shall, upon prevailing, be entitled only to equitable,
injunctive or restitutionary relief and reasonable attorney fees
and costs.
(e) Error.--
(1) An employer may not be assessed a penalty or
liquidated damages under this section due to an isolated and
unintentional payroll error or written notice error that is a
clerical or an inadvertent mistake regarding the accrual or
available use of earned paid sick time.
(2) In a review under this subsection, consideration may
be given to whether the employer, prior to an alleged
violation, has adopted and is in compliance with a set of
policies, procedures and practices that fully comply with
this act.
(f) Interest.--In an administrative or civil action brought
under this section, the secretary or a court shall award
interest on each amount due and unpaid calculated in accordance
with law.
(g) Penalties cumulative.--The remedies, penalties and
procedures provided under this section shall be cumulative.
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(h) Applicability.--This section shall only apply within two
years from the date that an employee became aware of an alleged
violation of this act.
Section 15. Construction.
This act:
(1) May not be construed to invalidate an ordinance or
other mandate enacted by a municipality prior to the
effective date of this paragraph that requires employers
within the municipality to provide paid sick leave benefits
more generous than those contained under this act.
(2) May not be construed to prohibit a municipality from
enacting an ordinance or mandate that requires employers
within the municipality to provide paid sick leave benefits
more generous than those contained under this act.
(3) May not be construed to discourage or prohibit an
employer from the adoption or retention of an earned paid
sick time policy more generous than that contained in this
act or an ordinance adopted by a municipality under paragraph
(1) or (2).
(4) May not preempt or otherwise apply to an ordinance
or mandate enacted by a municipality affecting vacation,
public health emergency leave or other form of leave offered
by an employer within the municipality.
(5) May not be construed to mandate a municipality to
adopt an ordinance applicable to an employer within the
municipality relating to compensation, vacation or other
forms of leave from employment.
(6) May not limit or affect any Federal, State or local
law guaranteeing privacy of health information or information
related to domestic violence or sexual assault regarding an
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employee or employee's family member.
(7) May not relieve or lessen the obligation of an
employer to comply with a contract, collective bargaining
agreement, employment benefit plan or other agreement in
effect on the effective date of this paragraph that provides
more paid sick leave to an employee than that required by
this act or an ordinance adopted by a municipality under
paragraph (1) or (2).
(8) May not be construed to remove the contents of this
act from the scope of collective bargaining under:
(i) the act of June 1, 1937 (P.L.1168, No.294),
known as the Pennsylvania Labor Relations Act;
(ii) the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949;
(iii) the act of June 24, 1968 (P.L.237, No.111),
referred to as the Policemen and Firemen Collective
Bargaining Act; or
(iv) the act of July 23, 1970 (P.L.563, No.195),
known as the Public Employe Relations Act.
(9) May not preempt, limit or affect the applicability
of any other law, regulation, requirement, policy or standard
providing for equal or greater accrual or use of paid or
unpaid earned sick time or that extends other protections to
an employee.
(10) May not supersede or preempt the rights, remedies
and procedures afforded to school employees or labor
organizations under Federal or State law, including the
Public Employe Relations Act.
(11) Shall be in addition to and independent of any
other right, remedy or procedure available under any other
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law and shall not be construed to diminish, alter or negate
any other legal right, remedy or procedure available to an
aggrieved individual.
Section 16. Public education and outreach.
The department shall develop and implement a multilingual
outreach program to inform employees, parents and individuals
who are under the care of a health care provider about the
availability of earned paid sick time under this act. The
department shall distribute notices and other written materials
about the program in English and any language that is the first
language spoken by at least 5% of this Commonwealth's population
to all child-care and elder-care providers, domestic violence
shelters, schools, hospitals, community health centers and other
health care providers.
Section 17. Effective date.
This act shall take effect in 180 days.
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