PRINTER'S NO.  2395

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1830

Session of

2009

  

  

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

  

  

REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 6, 2009  

  

  

  

AN ACT

  

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Providing for paid sick leave for certain employees, for duties

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of the Department of Labor and Industry and for enforcement;

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and imposing a civil penalty.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Healthy

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Families, Healthy Workplaces Act.

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Section 2.  Declaration of policy.

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The General Assembly finds and declares as follows:

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(1)  Nearly every worker in this Commonwealth will at

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some time during the year need temporary time off from work

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to take care of the worker's own health needs or the health

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needs of family members or to deal with safety issues arising

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from domestic or sexual violence.

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(2)  There are many workers in this Commonwealth who are

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not entitled to any paid sick leave to care for their own

 


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health needs or the health needs of family members.

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(3)  Low-income workers are significantly less likely to

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have paid sick leave than other members of the work force.

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(4)  Providing workers time off to attend to their own

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health care and the health care of family members will ensure

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a healthier and more productive work force in this

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Commonwealth.

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(5)  Paid sick leave will have a positive effect on

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public health in this Commonwealth by allowing sick workers

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the occasional option of staying home to care for themselves

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when ill thus lessening their recovery time and reducing the

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likelihood of spreading illness to other members of the work

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force.

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(6)  Paid sick leave will allow parents to provide

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personal care for their sick children. Parental care makes

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children's recovery faster, prevents more serious illnesses

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and improves children's overall mental and physical health.

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(7)  Providing minimal paid sick leave is affordable for

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employers and good for business.

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(8)  Employers who provide paid sick leave have greater

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employee retention and avoid the problem of workers coming to

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work sick. Studies have shown that costs from on-the-job

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productivity losses resulting from sick workers on the job

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exceed the cost of absenteeism among employees.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Child."  A biological, adopted or foster child, stepchild or

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legal ward or a child to whom the employee stands in loco

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parentis who is under 18 years of age or who is 18 years of age

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or older but incapable of self-care or earning a living due to a

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physical or mental disability or incapacity.

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"Department."  The Department of Labor and Industry of the

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Commonwealth.

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"Domestic violence."  As "abuse" is defined in 23 Pa.C.S. §

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6102 (relating to definitions).

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"Employee."  As defined in section 3 of the act of January

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17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

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"Employer."  As defined in section 3 of the act of January

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17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

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"Extended family member."  A relative within the third degree

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by blood or marriage.

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"Grandparent."  A parent of a parent.

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"Health care provider."  As defined in section 109 of the act

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of June 2, 1915 (P.L.736, No.338), known as the Workers'

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Compensation Act.

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"Paid sick leave."  Leave that is compensated at the same

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hourly rate as the employee earns form the employee's employment

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and is provided by an employer or small employer to an employee

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for the purposes described in section 4.

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"Parent."  A biological or foster parent, stepparent or

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adoptive parent or legal guardian of an employee or an

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employer's spouse or a person who stood in loco parentis when

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the employee was a minor child.

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"Retaliatory personnel action."  The discharge, suspension or

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demotion by an employer of an employee or any other adverse

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employment action taken by an employer against an employee in

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the terms and conditions of employment.

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"Sexual assault."  As the offense is defined in 18 Pa.C.S. §

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3124.1 (relating to sexual assault).

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"Small employer."  Any private individual, firm, partnership,

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institution, corporation or association that employs less than

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ten persons.

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"Spouse."  A person to whom the employee is legally married

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under the laws of Pennsylvania.

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"Stalking."  As the offense is defined in 18 Pa.C.S. § 2709.1 

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(relating to stalking).

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Section 4.  Accrual of paid sick leave.

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(a)  General rule.--Except as provided for in subsection (b),

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employers shall provide a minimum of one hour of paid sick leave

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for every 40 hours worked by an employee. Employers are not

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required to provide more than 52 hours of sick leave for an

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employee in a calendar year.

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(b)  Exception.--Employers that employ fewer than ten

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individuals shall provide a minimum of one hour of paid sick

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leave for every 80 hours worked by an employee. Employers under

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this subsection are not required to provide more than 26 hours

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of paid sick leave in a calendar year.

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(c)  Accrual of leave.--Paid sick leave shall accrue in hour

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unit increments. Paid sick leave shall begin to accrue at the

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date of hire as indicated in the employee's personnel file.

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(d)  Use of leave.--Employees shall be entitled to use

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accrued paid sick leave beginning 90 business days following the

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employee's date of hire. After 90 business days of employment,

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employees may use sick leave as it is accrued.

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(e)  Carry forward of leave.--No more than 40 hours of paid

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sick leave of an employee may carry forward from one calendar

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year to the next.

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(f)  Compliance.--An employer with a paid leave policy who

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makes available an amount of paid leave that may be used for the

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same purposes and under the same conditions as paid sick leave

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under this section shall be deemed to be in compliance with this

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section.

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Section 5.  Use of paid sick leave.

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(a)  General rule.--Paid sick leave shall be provided to an

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employee by an employer or small employer for:

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(1)  An employee's mental or physical illness, injury or

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health condition or need for medical diagnosis, care or

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treatment of a mental or physical illness, injury or health

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condition or need for preventive medical care.

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(2)  Care of a spouse, child, parent, grandparent or

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extended family member, or any other individual related by

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blood or affinity whose close relationship with the employee

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is the equivalent of a family relationship, with a mental or

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physical illness, injury or health condition who needs

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medical diagnosis, care or treatment of a mental or physical

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illness, injury or health condition or who needs preventive

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medical care.

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(3)  Absence necessary due to domestic violence, provided

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the leave is to:

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(i)  Seek medical attention for the employee or

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employee's child, spouse, parent, grandparent or extended

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family member to recover from physical or psychological

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injury or disability caused by domestic or sexual

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violence.

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(ii)  Obtain services from a victims' services

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organization.

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(iii)  Obtain psychological or other counseling.

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(iv)  Seek relocation due to the domestic or sexual

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violence or stalking.

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(v)  Take legal action, including preparing for or

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participating in any civil or criminal legal proceeding

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related to or resulting from the domestic or sexual

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violence.

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(b)  Notice.--An employer or small employer may require

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reasonable notice of the need for paid sick leave. Where the

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need for the leave is foreseeable, an employer may require

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advance notice of the intention to take such leave, but in no

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case shall require notice of more than seven days' advance

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notice. Where the need is not foreseeable, an employer may

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require an employee to give notice of the need for leave as soon

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as practicable.

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(c)  Documentation.--For leave of more than three consecutive

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days, an employer may require reasonable documentation that the

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paid leave is covered by subsection (a). Under subsection (a)(1)

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or (2), documentation signed by a health care professional

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indicating the need for the number of paid sick leave days shall

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be considered reasonable documentation. Under subsection (a)(3)

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a court record or documentation signed by an employee or

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volunteer working for a victims' services organization, an

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attorney, police officer or other antiviolence counselor shall

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be considered reasonable documentation.

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Section 6.  Retaliation prohibited.

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An employer or small employer shall not take retaliatory

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personnel action or discriminate against an employee because the

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employee has requested paid sick leave under this act or taken

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paid sick leave guaranteed by this act or made a complaint or

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filed an action to enforce an employee's right to paid sick

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leave under this act.

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Section 7.  Notice and posting.

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(a)  Notice.--Employers shall give notice to employees

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entitled to paid sick leave of the following:

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(1)  The amount of paid sick leave and the terms of its

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use guaranteed under this act.

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(2)  That retaliation against employees who request or

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use paid sick leave is prohibited.

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(3)  That each employee has the right to file a complaint

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or bring a civil action if sick leave as required by this act

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is denied by the employer or the employee is retaliated

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against for requesting or taking paid sick leave.

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(b)  Compliance.--

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(1)  Employers may comply with this section by supplying

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each of their employees with a notice that contains the

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information required in subsection (a).

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(2)  Employers may comply with this section by displaying

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a poster in a conspicuous and accessible place in each

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establishment where employees are employed which contains the

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information required under subsection (a).

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(c)  Department poster.--The department shall create posters

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and make them available to employers to assist employers in

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complying with this act. The posters shall contain the

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information required under subsection (a).

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Section 8.  Regulations.

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The department shall promulgate regulations to carry out the

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provisions of this act.

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Section 9.  Enforcement.

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(a)  Failure to provide leave.--

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(1)  Any person aggrieved by failure to provide paid sick

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leave as required by this act may bring a civil action in a

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court of competent jurisdiction against an employer violating

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this act.

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(2)  Upon prevailing in an action brought pursuant to

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this subsection aggrieved, persons shall recover the full

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amount of any unpaid sick leave plus any actual damages

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suffered as the result of the employer's failure to provide

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paid sick leave and shall also be entitled to reasonable

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attorney fees.

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(3)  Upon prevailing in an action brought pursuant to

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this subsection, aggrieved persons shall be entitled to such

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legal or equitable relief as may be appropriate to remedy the

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violation, including, without limitation, reinstatement in

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employment and injunctive relief.

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(b)  Retaliatory personnel action.--An employee subjected to

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retaliatory personnel action in violation of this act may

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institute a civil action in a court of competent jurisdiction

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and shall be entitled to recover damages and any other legal or

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equitable relief as may be appropriate. An employee who prevails

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in an action under this subsection shall be entitled to

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reasonable attorney fees.

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(c)  Complaint.--Any person aggrieved by either a retaliatory

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personnel action in violation of this act or by an employer's

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failure to provide paid sick leave as required by this act may

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file a complaint with the Office of Attorney General. The filing

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of a complaint with the Office of Attorney General does not

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preclude the filing of a civil action pursuant to subsection (a)

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or (b).

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(d)  Action of Attorney General.--The Attorney General may

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bring a civil action to enforce this act. The Attorney General

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may seek injunctive relief. In addition to injunctive relief, or

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in lieu thereof, for any employer or other person found to have

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willfully violated this section, the Attorney General may seek

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to impose a fine of $1,000 per violation.

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(e)  Class action.--Actions brought under this section may be

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brought as a class action pursuant to the laws of this

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Commonwealth.

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Section 10.  Confidentiality and nondisclosure.

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If an employer possesses health information or information

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pertaining to domestic violence about an employee or employee's

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child, parent, spouse, extended family member or other

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individual described in section 5, the information shall be

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treated as confidential and not disclosed except pursuant to the

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Health Insurance Portability and Accountability Act of 1996

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(Public Law 104-191, 110 Stat. 1936).

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Section 11.  Construction.

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The following apply:

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(1)  Nothing in this act shall be construed to discourage

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or prohibit an employer from the adoption or retention of a

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paid leave policy more generous than the one required under

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this act.

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(2)  Nothing in this act shall be construed as

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diminishing the obligation of an employer to comply with any

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contract, collective bargaining agreement, employment benefit

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plan or other agreement providing more generous leave to an

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employee than required herein.

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(3)  Nothing in this act shall be construed as

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diminishing the rights of public employees regarding paid

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sick leave or use of sick leave as provided in the employees'

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employment contract or collective bargaining agreement.

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(4)  Nothing in this act shall be construed to conflict

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with the act of January 17, 1968 (P.L.11, No.5) known as The

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Minimum Wage Act of 1968.

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Section 12.  Effective date.

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This act shall take effect as follows:

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(1)  This section and section 8 shall take effect

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immediately.

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(2)  The remainder of this act shall take effect in 180

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days.

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