PRINTER'S NO. 515
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
503
Session of
2023
INTRODUCED BY SANTARSIERO, HUGHES, HAYWOOD, KANE, TARTAGLIONE
AND COSTA, MARCH 28, 2023
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MARCH 28, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for employees subject to isolation or quarantine.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7309. Employees subject to isolation or quarantine.
(a) Prohibition.--Notwithstanding any other law to the
contrary, if the Governor has declared a disaster emergency to
exist under this part or the President has declared a major
disaster or emergency to exist in this Commonwealth, an employer
in this Commonwealth may not terminate or retaliate or
discriminate against an employee who is:
(1) complying with any isolation or quarantine order
issued by a public official due to a public health emergency;
or
(2) taking care of a family member who is complying with
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any isolation or quarantine order issued by a public official
due to a public health emergency.
(b) Reinstatement.--
(1) An employee who meets the criteria specified under
subsection (a)(1) or (2), other than an employee in a
temporary position, shall be reinstated to a position of like
seniority, status and pay after being released from isolation
or quarantine if the employee:
(i) receives a certificate of completion of
isolation or quarantine issued by a public official, the
Department of Health or a local health facility;
(ii) is still qualified to perform the duties of the
position; and
(iii) submits an application for reemployment to the
employer within 90 days after being released from
isolation or quarantine.
(2) Paragraph (1) shall not apply if an employer's
circumstances have changed during the isolation or quarantine
period to make it unreasonable for the employer to comply
with paragraph (1).
(c) Penalties.--
(1) If an employer fails or refuses to comply with the
provisions of this section, an individual may bring a civil
action against the employer in a court of competent
jurisdiction to compel the employer to:
(i) comply with the provisions of this section; or
(ii) compensate the individual for any loss of wages
or benefits suffered by reason of the employer's failure
or refusal to comply with the provisions of this section.
(2) An individual who brings a civil action under
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paragraph (1) may be represented by counsel, or upon
submitting an application to the Office of Attorney General,
request that the Office of Attorney General represent the
individual in accordance with section 204 of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act. If the Office of Attorney General is
reasonably satisfied that the individual has been aggrieved
by the employer in violation of this section, the Attorney
General may represent the individual.
(3) No fees or court costs shall be assessed against an
individual who brings a civil action under paragraph (1).
Attorney fees shall be awarded to the counsel of the
individual awarded damages in a civil action under paragraph
(1) or the Office of Attorney General if the Office of
Attorney General represents the individual.
Section 2. This act shall take effect in 60 days.
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