THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, DALEY, JOSEPHS, McGEEHAN, M. O'BRIEN, THOMAS AND WAGNER, OCTOBER 13, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 13, 2011  

AN ACT

Providing for family temporary care insurance and for the powers

and duties of the Department of Labor and Industry; and

establishing the Temporary Care Fund.

The General Assembly finds and declares as follows:

(1)  It is in the public interest to provide family

temporary care insurance benefits to employees to care for

their family members. The need for family temporary care

insurance benefits has intensified as the number of

households with both parents employed has increased, and the

number of single parent employees in the work force has

grown. The need for partial wage replacement for employees

taking family care leave will be exacerbated as the

population of those needing care, both children and parents

of employees, increases in relation to the number of working

age adults.

(2)  Developing programs that help families adapt to the

competing interests of work and home not only benefits

employees but also benefits employers by increasing employee

productivity and reducing employee turnover.

(3)  The Family and Medical Leave Act of 1993 (Public Law

103-3, 29 U.S.C. § 2601 et seq.) entitles eligible employees

working for covered employers to take unpaid, job-protected

leave for up to 12 workweeks in a 12-month period. Under the

act, unpaid leave may be taken for the birth, adoption or

foster placement of a new child; to care for a seriously ill

child, parent or spouse; or for the employee's own serious

health condition.

(4)  The majority of employees in this Commonwealth are

unable to take family care leave because they are unable to

afford leave without pay. When employees do not receive some

form of wage replacement during family care leave, families

suffer from the employee's loss of income, increasing the

demand on the Commonwealth's unemployment compensation

program and dependence on the Commonwealth's public

assistance and other benefit programs.

(5)  It is the intent of the General Assembly to create a

family temporary care insurance program to help reconcile the

demands of work and family. The family temporary care

insurance program shall be an independent component of the

Commonwealth's unemployment compensation program and shall be

funded through employee and employer contributions. Initial

and ongoing administrative costs associated with the family

temporary care insurance program shall be payable from the

Temporary Care Fund.

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 Family

Temporary Care Act.

Section 2.  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:

"Child."  An individual who is biological, adopted or foster

son or daughter, a stepson or stepdaughter, a legal ward or a

son or daughter of an employee who stands in loco parentis to

that individual.

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

Commonwealth.

"Employee."  As defined in the act of December 5, 1936 (2nd

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law.

"Employer."  As defined in the act of December 5, 1936 (2nd

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law.

"Family care leave."  Any of the following:

(1)  Leave for reason of the birth of a child of the

employee, the placement of a child with an employee in

connection with the adoption or foster care of the child by

the employee or the serious health condition of a child of

the employee.

(2)  Leave to care for a parent or spouse who has a

serious health condition.

"Family member."  A child, parent or spouse.

"Fund."  The Temporary Care Fund established under section 9.

"Parent."  A biological, foster or adoptive parent, a

stepparent, a legal guardian or other person who stood in loco

parentis to an employee when the employee was a child.

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

Commonwealth.

"Serious health condition."  An illness, injury, impairment

or physical or mental condition that involves inpatient care in

a hospital, hospice or residential health care facility or

continuing treatment or continuing supervision by a health care

provider.

Section 3.  Family temporary care insurance program.

(a)  Establishment.--There is hereby established, within the

Commonwealth unemployment compensation program, a family

temporary care insurance program to provide up to 12 weeks of

wage replacement benefits to eligible employees who take time

off work to care for a seriously ill child, spouse or parent or

to bond with a new child.

(b)  Weekly benefit.--An individual's weekly benefit shall be

the amount provided for unemployment compensation benefits under

the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),

known as the Unemployment Compensation Law.

(c)  Maximum benefit.--The maximum amount payable, within a

12-month period, to an individual during any temporary care

benefit period for family temporary care insurance shall be 12

times the individual's weekly benefit, but in no case shall the

total be more than the total wages paid to the individual during

the individual's temporary care base period. If the benefit is

not a multiple of one dollar, it shall be computed to the next

highest multiple of one dollar.

(d)  Maximum time.--No more than 12 weeks of family temporary

care insurance benefits shall be paid within any 12-month

period.

Section 4.  Eligibility.

(a)  General rule.--An employee shall be deemed eligible for

family temporary care insurance benefits on any day in which the

employee is unable to perform the employee's regular or

customary work because the employee is caring for a new child

during the first year after the birth or placement of the child

or caring for a seriously ill child, parent or spouse subject to

a waiting period of seven consecutive workdays during each

family temporary care benefit period during which no benefits

are payable within that period.

(b)  Unemployment compensation.--An employee is not eligible

for family temporary care insurance benefits with respect to any

day that the employee has received unemployment compensation

benefits under the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), known as the Unemployment Compensation Law, or

under an unemployment compensation act of any other state or of

the Federal Government.

(c)  Other family members.--An employee is not eligible for

family temporary care insurance benefits based upon a serious

health condition of a child, parent or spouse with respect to

any day that another family member is able and available to

provide care for the same period of time that the employee

provides the required care.

(d)  Federal law.--An employee who is entitled to leave under

the Family and Medical Leave Act of 1993 (Public Law 103-3, 29

U.S.C. § 2601 et seq.) must take family temporary care insurance

leave concurrent with leave taken under the Family and Medical

Leave Act.

(e)  Conditions.--

(1)  As a condition of an employee's initial receipt of

family temporary care insurance benefits during any 12-month

period in which the employee is eligible for these benefits,

the employer may require the employee to take up to two weeks

of earned but unused vacation leave prior to the employee's

initial receipt of these benefits.

(2)  If the employer so requires the employee to take

vacation leave, that portion of the vacation leave that does

not exceed one workweek shall be applied to the waiting

period required under subsection (a).

(3)  This subsection shall not be construed to relieve an

employer of any duty under a collective bargaining agreement

that the employer may have with respect to the subject matter

of this subsection.

Section 5.  Regulations.

The department shall promulgate regulations to administer

this act and eligible employees shall receive benefits in

accordance with the regulations.

Section 6.  False certification.

If the secretary finds that any person falsely certifies the

medical condition of an employee in order to obtain family

temporary care insurance benefits with the intent to defraud,

whether for the maker of the certification or for any other

person, the secretary shall assess a penalty against the person

in the amount of 25% of the benefits paid as a result of the

false certification, in addition to requiring repayment of all

benefits falsely paid.

Section 7.  No abridgment of rights.

Nothing in this act shall be construed to abridge any rights

and responsibilities conveyed by any other act. The benefits

provided under this act are in addition to any such rights and

responsibilities.

Section 8.  Publication of contribution rate.

The secretary shall determine, on an annual basis, the amount

of money necessary to provide benefits under this act and a

uniform employee/employer contribution rate to be paid by all

employees and employers subject to this act. The secretary shall

publish the contribution rate annually in the Pennsylvania

Bulletin. The rate shall become effective upon publication.

Section 9.  Temporary Care Fund.

The Temporary Care Fund is established in the State Treasury.

All contributions and penalties collected under this act,

together with any appropriations that may be provided, shall be

deposited in the fund to provide payment of benefits under this

act.

Section 10.  Applicability.

This act shall apply to periods of family temporary care

leave commencing on or after July 1, 2012.

Section 11.  Effective date.

This act shall take effect January 1, 2012, or immediately,

whichever is later.