CORRECTIVE REPRINT
SPONSOR CHANGE
PRIOR PRINTER'S NO. 65 PRINTER'S NO. 79
No. 76 Session of 1991
INTRODUCED BY BLAUM, PISTELLA, DeWEESE, O'DONNELL, ITKIN, COHEN,
KUKOVICH, BELARDI, BELFANTI, BILLOW, BOWLEY, CALTAGIRONE,
CAPPABIANCA, CARONE, COLAIZZO, COWELL, DeLUCA, DERMODY,
DONATUCCI, FAJT, FEE, FREEMAN, GEORGE, GIGLIOTTI, HALUSKA,
HANNA, HARPER, HAYDEN, HUGHES, JAROLIN, JOSEPHS, KASUNIC,
KOSINSKI, KRUSZEWSKI, LaGROTTA, LAUGHLIN, LEVDANSKY, LINTON,
MAIALE, McCALL, McGEEHAN, MELIO, MICHLOVIC, MIHALICH, MUNDY,
PESCI, PRESTON, RICHARDSON, RITTER, ROBINSON, ROEBUCK, RUDY,
SCRIMENTI, STABACK, STEELMAN, STETLER, STISH, STURLA, SURRA,
TRELLO, TRICH, VAN HORNE, VEON, WAMBACH, WILLIAMS, WOZNIAK,
KAISER, TIGUE, BISHOP AND McNALLY, JANUARY 15, 1991
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 15, 1991
AN ACT
1 Entitling employees to family leave in certain cases involving a
2 birth, an adoption or a serious health condition and to
3 temporary medical leave in certain cases involving a serious
4 health condition, with adequate protection of the employee's
5 employment and benefit rights.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Findings and purposes.
9 Section 3. Definitions.
10 Section 4. Family leave requirement.
11 Section 5. Temporary medical leave requirement.
12 Section 6. Combined leave limitation; leave conditions.
13 Section 7. Certification.
14 Section 8. Employment and benefits protection.
1 Section 9. Prohibited acts.
2 Section 10. Administrative enforcement and civil remedy.
3 Section 11. Relief.
4 Section 12. Notice.
5 Section 13. Effect on other laws.
6 Section 14. Effect on existing employment benefits.
7 Section 15. Encouragement of more generous leave policies.
8 Section 16. Task force.
9 Section 17. Severability.
10 Section 18. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Family and
15 Medical Leave Act.
16 Section 2. Findings and purposes.
17 (a) Findings.--The General Assembly finds as follows:
18 (1) The number of single-parent households and two-
19 parent households in which the single parent or both parents
20 work is increasing significantly.
21 (2) It is important to the development of the child and
22 to the family unit that fathers and mothers be able to
23 participate in early child-rearing and in the care of family
24 members with serious health conditions.
25 (3) Employment policies that do not entitle parents to
26 return to their jobs after taking family leave can force
27 individuals to choose between job security and child-rearing.
28 (4) There is inadequate job security for some employees
29 who have serious health conditions that prevent them from
30 working for temporary periods.
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1 (5) The growing number of older Pennsylvanians has
2 created a new social and economic reality, requiring an
3 increasing number of individuals to provide unpaid care to
4 older family members.
5 (6) Employment policies that do not entitle persons who
6 must provide care to family members with serious health
7 conditions to return to their jobs can force individuals to
8 choose between job security and caretaking.
9 (7) When families fail to carry out the critical
10 functions of caring for children and providing emotional and
11 physical support to family members in distress, the societal
12 costs are enormous.
13 (b) Purposes.--The purposes of this act are as follows:
14 (1) To promote stability and economic security in
15 families by balancing the demands of the workplace with the
16 needs of families.
17 (2) To entitle employees to take reasonable leave for
18 medical reasons, for the birth or adoption of a child and for
19 the care of a family member who has a serious health
20 condition.
21 (3) To accomplish such purposes in a manner which
22 accommodates the legitimate interests of employers.
23 Section 3. Definitions.
24 The following words and phrases when used in this act shall
25 have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Child." The term includes the following:
28 (1) A biological, adopted or foster child, or a
29 stepchild of an employee.
30 (2) A legal ward of the employee toward whom the
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1 employee assumes the obligations and discharges the duties
2 incidental to the parental relationship or stands in loco
3 parentis.
4 (3) A child towards whom the employee assumes the
5 obligations and discharges the duties incidental to the
6 parental relationship or stands in loco parentis.
7 "Department." The Department of Labor and Industry of the
8 Commonwealth.
9 "Eligible employee." A person employed by an employer for at
10 least 12 months, for not less than 1,000 base hours during the
11 immediately preceding 12-month period. The term includes all of
12 the following:
13 (1) Employees of the Commonwealth or a political
14 subdivision.
15 (2) Employees within the meaning of section 3(e) of the
16 Fair Labor Standards Act of 1938 (52 Stat.1060, 29 U.S.C. §
17 203(e)) and the interpretation given to that section.
18 "Employ." To suffer or permit to work for consideration. The
19 term shall be interpreted consistently with the interpretation
20 given to the term under section 3(g) of the Fair Labor Standards
21 Act of 1938 (52 Stat. 1060, 29 U.S.C. § 203(g)).
22 "Employee." Any individual employed by an employer.
23 "Employer." Any person who employs 50 or more employees for
24 each working day during each of 20 or more calendar workweeks in
25 the current or preceding calendar year commencing January 1,
26 1992; who employs 40 or more employees in the current or
27 preceding calendar year commencing January 1, 1994; who employs
28 30 or more employees in the current or preceding year commencing
29 January 1, 1995; and who employs 20 or more employees in the
30 current or preceding year commencing January 1, 1996, and
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1 thereafter. The term includes any person, or group of persons,
2 who acts, directly or indirectly, in the interest of an employer
3 with respect to one or more employees, and any successor in
4 interest of such an employer. The term includes the
5 Commonwealth, a political subdivision and an agency or
6 instrumentality of either.
7 "Employment benefits." Benefits other than salary or wages
8 provided or made available to employees by an employer,
9 including group life insurance, health insurance, disability
10 insurance, sick leave, annual leave, seniority rights,
11 educational benefits and pensions, regardless of whether such
12 benefits are provided by a policy or practice of an employer or
13 by an employee benefit plan as defined in section 3(3) of the
14 Employee Retirement Income Security Act of 1974 (Public Law 93-
15 406, 29 U.S.C. § 1002(3)).
16 "Family member." A sibling, parent, grandparent, child or
17 spouse of the employee.
18 "Health care provider." Any person licensed under Federal,
19 State or local law to provide health care services.
20 "Parent." A biological, foster or adoptive parent, a parent-
21 in-law, a stepparent or a legal guardian.
22 "Person." Any individual, firm, partnership, mutual company,
23 joint stock company, corporation, association, organization,
24 unincorporated organization, labor union, government agency
25 (including the Commonwealth and all its entities), incorporated
26 society, statutory or common law trust, estate, executor,
27 administrator, receiver, trustee, conservator, liquidator,
28 trustee in bankruptcy, committee, assignee, officer, employee,
29 principal or agent, or the legal or personal representative of
30 any of the foregoing.
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1 "Physician." Any person licensed to practice osteopathic
2 medicine pursuant to the act of October 5, 1978 (P.L.1109,
3 No.261), known as the Osteopathic Medical Practice Act, or any
4 person licensed to practice medicine and surgery within the
5 scope of the act of December 20, 1985 (P.L.457, No.112), known
6 as the Medical Practice Act of 1985.
7 "Reduced leave schedule." Leave scheduled for fewer than an
8 employee's usual number of hours per workweek or hours per
9 workday.
10 "Serious health condition." An illness, injury, impairment,
11 or physical or mental condition which requires:
12 (1) inpatient care in a hospital, hospice or residential
13 health care facility; or
14 (2) continuing treatment or continuing supervision by a
15 health care provider.
16 "Task force." The Task Force on Family and Medical Leave
17 established in section 16.
18 Section 4. Family leave requirement.
19 (a) General rule.--
20 (1) An eligible employee shall be entitled to a total of
21 12 workweeks of family leave during any 12-month period for
22 any of the following reasons:
23 (i) The birth of a child.
24 (ii) The placement of a child in the employee's
25 household for adoption.
26 (iii) In order for the employee to care for a family
27 member who has a serious health condition.
28 (2) The entitlement to begin leave under paragraph
29 (1)(i) and (ii) shall expire at the end of the 12-month
30 period beginning after the date of the birth or placement.
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1 (3) In the case of a family member who has a serious
2 health condition, leave under this section may be taken
3 intermittently when medically necessary, subject to
4 subsection (e)(2).
5 (b) Reduced leave.--Upon agreement between the employer and
6 the eligible employee, leave under this section may be taken on
7 a reduced leave schedule; however, such reduced leave schedule
8 shall not result in a reduction in the total amount of leave to
9 which the employee is entitled.
10 (c) Unpaid leave permitted.--Leave under this section may
11 consist of unpaid leave, except as provided in subsection (d).
12 (d) Relationship to paid leave.--An eligible employee may
13 elect, or an employer may require, the employee to substitute
14 for family leave as provided for in subsection (a) any of the
15 employe's paid vacation leave, personal leave or family leave
16 for any part of the 12-week period of such leave. If the
17 eligible employee elects to substitute or is required by his
18 employer to substitute paid leave for family leave, and if such
19 paid leave is less than 12 weeks, the employer shall provide
20 such additional weeks of leave as may be necessary to obtain
21 such 12 weeks; except that nothing in this act shall require an
22 employer to provide paid leave in any situation in which the
23 employer does not normally provide such leave.
24 (e) Forseeable leave.--
25 (1) In any case in which the necessity for leave under
26 this section is forseeable, based on an expected birth or
27 adoption, the eligible employee shall provide the employer
28 with prior notice of such expected birth or adoption in a
29 manner which is reasonable and practicable.
30 (2) In any case in which the necessity for the leave
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1 under this section is forseeable, based on planned medical
2 treatment or supervision, the eligible employee shall:
3 (i) Make a reasonable effort to schedule elective
4 treatment or supervision so as not to disrupt unduly the
5 operations of the employer, subject to the approval of
6 the family member's health care provider.
7 (ii) Provide the employer with prior notice of the
8 date of the anticipated leave and its approximate
9 duration, insofar as this is ascertainable, in a manner
10 which is reasonable and practicable.
11 (f) Employees employed by the same employer.--In any case in
12 which a husband and wife entitled to leave under subsection (a)
13 are employed by the same employer, the aggregate number of
14 workweeks of leave to which both may be entitled may be limited
15 to 12 workweeks during any 12-month period, if such leave is
16 taken:
17 (1) under subsection (a)(1)(i) or (ii); or
18 (2) to care for a sick sibling, parent or grandparent
19 under subsection (a)(1)(iii).
20 Section 5. Temporary medical leave requirement.
21 (a) General rule.--
22 (1) An eligible employee who, because of a serious
23 health condition, becomes unable to perform the functions of
24 the employee's position shall be entitled to temporary
25 medical leave for as long as the employee is unable to
26 perform such functions, except that this leave shall not
27 exceed 12 workweeks during any 12-month period.
28 (2) Leave under this section may be taken intermittently
29 when medically necessary, subject to subsection (e).
30 (b) Reduced leave.--Upon agreement between the employer and
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1 the eligible employee, leave under this section may be taken on
2 a reduced leave schedule if authorized by the employee's health
3 care provider; however, such reduced leave schedule shall not
4 result in a reduction in the total amount of leave to which the
5 employee is entitled.
6 (c) Unpaid leave permitted.--Leave may consist of unpaid
7 leave, except as provided in subsection (d).
8 (d) Relationship to paid leave.--
9 (1) If an employer provides paid temporary medical leave
10 or paid sick leave for fewer than 12 weeks, the additional
11 weeks of leave added to attain the 12-week total may be
12 unpaid.
13 (2) An eligible employee may elect or an employer may
14 require the employee to substitute any paid leave which the
15 employee has accrued for any part of the 12-week period,
16 except that nothing in this act shall require an employer to
17 provide paid medical or sick leave in any situation in which
18 the employer does not normally provide such leave.
19 (e) Foreseeable leave.--In any case in which the necessity
20 for leave under this section is foreseeable based on planned
21 medical treatment or supervision, the eligible employee shall:
22 (1) Make a reasonable effort to schedule elective
23 treatment or supervision so as not to disrupt unduly the
24 operations of the employer, subject to the approval of the
25 employee's health care provider.
26 (2) Provide the employer with prior notice of the date
27 of the anticipated leave and its approximate duration,
28 insofar as this is ascertainable, in a manner which is
29 reasonable and practicable.
30 Section 6. Combined leave limitation; leave conditions.
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1 (a) General rule.--An employer may limit the number of
2 workweeks of leave provided under sections 4 and 5 to a maximum
3 of 18 workweeks in a 24-month period. The 24-month period shall
4 commence with the first day leave is taken under section 4 or 5.
5 (b) Student or other employment.--No employee who receives
6 any number of workweeks of leave as authorized by section 4 or 5
7 may be a full-time student or have other gainful employment
8 during the time the employee is on such leave unless the
9 employer consents or unless, in the case of other employment,
10 the employee had that employment prior to the granting of leave
11 under section 4 or 5.
12 Section 7. Certification.
13 (a) General rule.--An employer may require that a claim for
14 family leave under section 4(a)(1)(iii), or temporary medical
15 leave under section 5, be supported by certification issued by
16 the physician of the family member or of the employee, whichever
17 is appropriate. The employee shall provide a copy of this
18 certification to the employer.
19 (b) Additional opinions.--In any case in which the employer
20 has reason to doubt the validity of the certification provided
21 pursuant to subsection (a), the employer may require, at its own
22 expense and after the employee has been on leave one week, that
23 an employee obtain an opinion regarding the serious health
24 condition from a second physician designated or approved, but
25 not employed, by the employer. If the second opinion differs
26 from the certification provided pursuant to subsection (a), the
27 employer may require, at its own expense, that the employee
28 obtain the opinion of a third physician designated or approved
29 jointly by the employer and the employee concerning the serious
30 health condition. The opinion of the third physician shall be
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1 considered to be final and shall be binding on the employer and
2 the employee.
3 (c) Confidentiality.--For purposes of protecting patient
4 confidentiality, the certification under this section shall not
5 disclose the patient's diagnosis but shall be sufficient if it
6 contains the following:
7 (1) The date on which the serious health condition
8 commenced.
9 (2) The probable duration of the condition.
10 (3) For purposes of leave under section 5, a statement
11 that, due to a serious health condition, the employee is
12 unable to perform the functions of the employee's position;
13 or, for purposes of leave under section 4(a)(1)(iii), a
14 statement that, due to the family member's serious health
15 condition, the employee must take the requested leave in
16 order to care for the family member.
17 Section 8. Employment and certain benefits protected.
18 (a) Restoration to position.--
19 (1) Upon return from leave under section 4 or 5, the
20 employee shall be entitled to be:
21 (i) restored by the employer to the position of
22 employment held by the employee when the leave commenced;
23 or
24 (ii) restored to an equivalent position with
25 equivalent employment benefits, pay, and other terms and
26 conditions of employment held by the employee when the
27 leave commenced.
28 (2) The taking of leave under this act shall not result
29 in the loss of any employment benefit accrued prior to the
30 date on which the leave commenced.
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1 (3) The taking of leave under this act shall not result
2 in the loss of any accrual of seniority to which the employee
3 would have been entitled had the employee not taken the
4 leave.
5 (4) Nothing in this section shall be construed to
6 entitle any restored employee to any right, employment
7 benefit or position of employment other than any right,
8 employment benefit or position to which the employee would
9 have been entitled had the employee not taken the leave.
10 (5) If during a leave provided by this act, the employer
11 experiences a reduction in force or layoff and the employee
12 would have lost their position had the employee not been on
13 leave, as a result of the reduction in force or pursuant to
14 the good faith operation of a bona fide layoff and recall
15 system including a system under a collective bargaining
16 agreement where applicable, the employee shall not be
17 entitled to reinstatement to the former or an equivalent
18 position. The employee shall retain all rights under any
19 applicable layoff and recall system, including a system under
20 a collective bargaining agreement, as if the employee had not
21 taken the leave.
22 (b) Denial of restoration.--An employer may deny restoration
23 as provided for in subsection (a) to any salaried eligible
24 employee who is among the highest paid 10% of the employees
25 employed by the employer if:
26 (1) such denial is necessary to prevent substantial and
27 grievous economic injury to the employer's operations;
28 (2) the employer notifies the employee of its intent to
29 deny restoration on such basis at the time the employer
30 determines that such injury would occur; and
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1 (3) in any case in which the leave has commenced, the
2 employee elects not to return to employment after receiving
3 such notice.
4 (c) Maintenance of health benefits.--During any period an
5 eligible employee takes leave under section 4 or 5, the employer
6 shall maintain coverage under any group health plan, as defined
7 in section 162(i)(3) of the Internal Revenue Code of 1954 (68A
8 Stat. 3, 26 U.S.C. § 162(i)(3)), for the duration of such leave
9 at the level and under the conditions coverage would have been
10 provided if the employee had continued in employment
11 continuously from the date the employee commenced the leave
12 until the date the employee is restored under subsection (a).
13 The employee shall be responsible for reimbursement to the
14 employer of the costs of health benefits if the employee fails
15 to return to employment without good cause at the expiration of
16 the leave.
17 Section 9. Prohibited acts.
18 (a) Interference with rights.--
19 (1) It shall be unlawful for any employer to interfere
20 with, restrain or deny the exercise of or attempt to
21 exercise, any right provided under this act.
22 (2) It shall be unlawful for any employer to discharge
23 or in any other manner discriminate against any individual
24 for opposing any practice made unlawful by this act.
25 (b) Interference with proceedings or injuries.--It shall be
26 unlawful for any person to discharge or in any other manner
27 discriminate against any individual because such individual:
28 (1) has filed a complaint with the department, or has
29 instituted or caused to be instituted any proceeding, under
30 or related to this act;
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1 (2) has given or is about to give any information in
2 connection with any inquiry or proceeding relating to any
3 right provided under this act; or
4 (3) has testified or is about to testify in any
5 proceeding relating to any right provided under this act.
6 Section 10. Administrative enforcement and civil remedy.
7 (a) Complaint.--Any person claiming to be aggrieved by a
8 violation of any provision of this act shall file a complaint
9 with the Department of Labor and Industry within six months of
10 the alleged violation. The department shall conduct a hearing
11 according to 2 Pa.C.S. Ch. 5 (relating to practice and
12 procedure).
13 (b) Complaint not to be foreclosed.--If a person files a
14 complaint with the department, that person's right of action in
15 the courts of the Commonwealth shall not be foreclosed. If
16 within one year after the filing of the complaint, the
17 department has dismissed the complaint or has not concluded its
18 proceedings, the department shall notify the aggrieved person.
19 On receipt of such notice, the aggrieved person shall be able to
20 bring an action in the court of common pleas of the Commonwealth
21 based on this act. If the employer is an agency or political
22 subdivision of the Commonwealth, then the civil action must be
23 filed in the Commonwealth Court.
24 Section 11. Relief.
25 (a) General rule.--Upon a finding of a violation under
26 section 10, the aggrieved party may receive the following
27 relief:
28 (1) In any civil action or departmental proceeding
29 brought under section 10, the court may grant as relief any
30 permanent or temporary injunction, temporary restraining
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1 order and other equitable relief as the court deems
2 appropriate.
3 (2) Any employer that violates any provision of this act
4 shall be liable to the injured party in an amount equal to
5 any wages, salary, employment benefits or other compensation
6 denied or lost to the employee by reason of the violation,
7 plus interest on the total monetary damages calculated at the
8 prevailing rate.
9 (3) Any employer that violates any provision of this act
10 may also be liable to the injured party in the amount of $100
11 for each day the violation occurs. The maximum penalty
12 imposed under this subsection shall not exceed $5,000.
13 (4) A prevailing employee may be awarded a reasonable
14 attorney fee as part of the costs, in addition to any relief
15 awarded. The Commonwealth shall be liable for costs the same
16 as a private person.
17 (b) Limitation.--Damages awarded under subsection (a)(2) may
18 not accrue from a date more than two years before the date on
19 which the complaint was filed with the department under section
20 10.
21 Section 12. Notice.
22 (a) General rule.--Each employer shall post and keep posted,
23 in conspicuous places upon its premises where notices to
24 employees and applicants for employment are customarily posted,
25 a notice setting forth excerpts from, or summaries of, the
26 pertinent provisions of this act and information pertaining to
27 the filing of a complaint.
28 (b) Penalty.--Any employer that willfully violates this
29 section shall be assessed a civil penalty of not more than $100
30 for each separate offense.
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1 Section 13. Effect on other laws.
2 Nothing in this act shall be construed to supersede any law
3 which provides greater employee family or medical leave rights
4 than the rights established under this act.
5 Section 14. Effect on existing employment benefits.
6 (a) More protective.--Nothing in this act shall be construed
7 to diminish an employer's obligation to comply with any
8 collective bargaining agreement or any employment benefit
9 program or plan which provides greater family and medical leave
10 rights to employees than the rights provided under this act.
11 (b) Less protective.--The rights provided to employees under
12 this act may not be diminished by any collective bargaining
13 agreement or any employment benefit program or plan.
14 (c) Limited exemption.--
15 (1) Any employer who, on or before March 1, 1990, has an
16 established family leave policy as part of its employee
17 benefits package and maintains a family leave policy, shall
18 be exempt from this act until January 1, 1994.
19 (2) As used in this subsection, the term "family leave
20 policy" means a written policy incorporated by an employer
21 for the benefit of its employees which permits an employee
22 family leave for reasonable time due to family illness, birth
23 of a child, newborn child care, including newborn adoption
24 and temporary medical leave for employee illness. A family
25 leave policy shall also guarantee employees reinstatement to
26 the position of employment prior to leave or equivalent
27 position with equivalent employment benefits, and in the case
28 of unpaid leave, shall, at a minimum, provide for the
29 continuation of health care benefits, to be paid by the
30 employer for the full period of leave.
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1 Section 15. Encouragement of more generous leave policies.
2 Nothing in this act shall be construed to discourage
3 employers from adopting leave policies more generous than any
4 policies which comply with the requirements under this act.
5 Section 16. Task force.
6 (a) Establishment.--The Task Force on Family and Medical
7 Leave is established within the department.
8 (b) Composition.--The task force shall consist of 13
9 members:
10 (1) The Secretary of Labor and Industry, who shall serve
11 as a voting member of the task force and who shall chair the
12 task force.
13 (2) The Majority Chairman and the Minority Chairman of
14 the Senate Labor and Industry Committee, or their designees.
15 (3) The Majority Chairman and the Minority Chairman of
16 the House of Representatives Labor Relations Committee, or
17 their designees.
18 (4) Four representatives of employers, at least one of
19 whom is representative of small business and one who is a
20 representative of local government. All appointees shall be
21 named by the Governor.
22 (5) Four representatives of employees, two of whom shall
23 represent private employees and two of whom shall represent
24 public employees. All appointees shall be named by the
25 Governor.
26 (c) Powers and duties.--
27 (1) The task force shall conduct a comprehensive study
28 of the family and medical leave practices as provided in this
29 act; existing and proposed policies relating to family and
30 medical leave; and potential costs, benefits and impacts on
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1 productivity of family and medical leave policies on the
2 private and the public sectors.
3 (2) The task force shall make a written report, within
4 two years after the effective date of this act, to the Chief
5 Clerk of the Senate, the Chief Clerk of the House of
6 Representatives and the Governor. The report shall indicate:
7 (i) The number of employers that currently provide
8 family and medical leave either through formal or
9 informal policy, or on an ad hoc basis.
10 (ii) The type and length of leave that is currently
11 provided by employers.
12 (iii) The cost of this act to employers.
13 (iv) The extent that this act will impact on the
14 collective bargaining process.
15 (v) The number of employees who took leave, the
16 length of leave taken and the reasons for the leaves of
17 absence taken under the provisions of this act.
18 (vi) The benefits of this act to the well-being of
19 the families of this Commonwealth, to improvements in
20 employer-employee relations and to increased productivity
21 in the workplaces in this Commonwealth.
22 (d) Cooperation.--Administrative agencies of the
23 Commonwealth shall provide assistance and information to the
24 task force upon request.
25 Section 17. Severability.
26 The provisions of this act are severable. If any provision of
27 this act or its application to any person or circumstance is
28 held invalid, the invalidity shall not affect other provisions
29 or applications of this act which can be given effect without
30 the invalid provision or application.
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1 Section 18. Effective date.
2 This act shall take effect in 60 days.
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