PRINTER'S NO. 56
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
64
Session of
2023
INTRODUCED BY TARTAGLIONE, KANE, BARTOLOTTA, HAYWOOD, HUGHES,
BREWSTER, KEARNEY, FONTANA, SCHWANK, COLLETT, DILLON, STREET,
COSTA, CAPPELLETTI, COMITTA AND SANTARSIERO, JANUARY 18, 2023
REFERRED TO LABOR AND INDUSTRY, JANUARY 18, 2023
AN ACT
Providing for family and medical leave for eligible employees.
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 Pennsylvania
Family and Medical Leave 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:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Eligible employee." As defined in 29 U.S.C. Ch. 28
(relating to family and medical leave).
"Employer." An employer in this Commonwealth that is subject
to 29 U.S.C. Ch. 28.
"Grandchild." A biological or adoptive grandson or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
granddaughter or stepgrandson or stepgranddaughter.
"Grandparent." A biological or adoptive grandfather or
grandmother or stepgrandfather or stepgrandmother.
"Sibling." A biological or adoptive brother or sister or
stepbrother or stepsister.
Section 3. Eligibility.
(a) General rule.--An employer shall provide up to six weeks
of the same unpaid leave to an eligible employee to which the
eligible employee is entitled under 29 U.S.C. Ch. 28 (relating
to family and medical leave) to care for a spouse, son, daughter
or parent, but only to care for the eligible employee's sibling,
grandparent or grandchild, if the sibling, grandparent or
grandchild:
(1) does not have a living spouse, child over 17 years
of age or parent under 65 years of age; and
(2) has a certified terminal illness.
(b) Protections.--An eligible employee who takes leave
provided under subsection (a) is entitled to the same
protections and rights that an eligible employee is entitled to
under 29 U.S.C. Ch. 28.
(c) Amount of leave.--
(1) The amount of leave taken by an eligible employee
under this section shall not exceed six weeks during a 12-
month period. The 12-month period shall be determined in the
same manner that the employer determines the 12-month period
for leave under 29 U.S.C. Ch. 28.
(2) Leave must be taken in a minimum of one-week
increments.
(3) Leave taken by an eligible employee under 29 U.S.C.
Ch. 28 shall reduce an employee's leave entitlement in any
20230SB0064PN0056 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
applicable 12-month period under this section, provided that
leave taken by an employee in accordance with this section
shall not reduce the employee's leave entitlement under 29
U.S.C. Ch. 28.
(d) Employee notice of leave.--An employee shall provide
written or verbal notice of the need to take leave under this
section to the employer as soon as practicable.
(e) Medical certification.--
(1) An employer may require certification from a
physician to verify terminal illness of an employee providing
notice of the need to take leave under this section.
(2) The department shall develop a form that may be used
to provide medical certification under this subsection.
(f) Employer posting.--An employer shall post and maintain
in a conspicuous place a printed abstract, developed by the
department, with the provisions of this act.
Section 4. Complaints.
An employee may file a complaint with the department on a
form prescribed by the department if the employee:
(1) is denied leave;
(2) believes that the employee is entitled to that
leave; and
(3) believes that the employer has violated section
3(b).
Section 5. Administration.
The department has the following powers and duties:
(1) Provide the abstract for employer posting on the
department's publicly accessible Internet website.
(2) Provide the medical certification form under section
3(e)(2) on the department's publicly accessible Internet
20230SB0064PN0056 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
website.
(3) Provide the employee complaint form on the
department's publicly accessible Internet website.
(4) Develop procedures to investigate and resolve
complaints.
(5) Promulgate regulations as necessary to administer
this act.
Section 6. Funding.
The department shall not be required to enforce this act
until adequate funding is appropriated. The Secretary of Labor
and Industry shall determine if adequate funding is
appropriated. Upon the appropriation of adequate funding, the
Secretary of Labor and Industry shall transmit notice to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
Section 7. Effective date.
This act shall take effect in 60 days.
20230SB0064PN0056 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17