AN ACT

 

1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, providing for leave and compensation
3mandates.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 53 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 303. Leave and compensation mandates.

9(a) General rule.--A municipality may not:

10(1) enact or administer a mandate requiring an employer
11to provide an employee or class of employees with vacation or
12other forms of leave from employment, paid or unpaid, that is
13not required by Federal or State law; or

14(2) require an employer to compensate an employee for
15any vacation or other forms of leave for which Federal or
16State law does not require the employee to be compensated.

17(b) Inconsistent mandate.--This section may not be construed

1to invalidate a mandate enacted by a municipality prior to the
2effective date of this section. A mandate enacted by a
3municipality that is inconsistent with this section and enacted
4after the effective date of this section is void.

5(c) Applicability.--This section shall not apply to a
6mandate enacted by a municipality affecting vacation or other
7forms of leave for an employee or class of employees of the
8municipality.

9(d) Construction.--The provisions of this section may not be
10construed to establish a new mandate relating to compensation,
11vacation or other forms of leave from employment by a
12municipality.

13(e) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection unless the context clearly indicates otherwise:

16"Employee." As defined in section 3 of the act of January
1717, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

18"Employer." As defined in section 3 of the act of January
1917, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

20"Municipality." A county, city, borough, incorporated town,
21township, home rule charter, optional charter or optional plan
22municipality, school district or a similar general purpose unit
23of government that may be created by the General Assembly.

24Section 2. This act shall take effect immediately.