S0333B0568A00579 BIL:JSL 04/14/15 #90 A00579
AMENDMENTS TO SENATE BILL NO. 333
Sponsor: SENATOR HUGHES
Printer's No. 568
Amend Bill, page 1, line 3, by inserting after "mandates"
; and providing for paid sick leave
Amend Bill, page 1, line 9, by striking out "A" and inserting
Except as provided in subsection (a.1), a
Amend Bill, page 1, by inserting between lines 16 and 17
(a.1) Paid sick leave.--A municipality may enact an
ordinance requiring an employer to provide paid sick leave to an
employee if the ordinance meets the requirements of Chapter 92
(relating to paid sick leave ordinances).
Amend Bill, page 2, line 2, by striking out "JANUARY" and
inserting
May
Amend Bill, page 2, line 4, by striking out "JANUARY" and
inserting
May
Amend Bill, page 2, lines 25 and 26, by striking out all of
said lines and inserting
Section 2. Title 53 is amended by adding a chapter to read:
CHAPTER 92
PAID SICK LEAVE ORDINANCES
Sec.
9201. Scope.
9202. Definitions.
9203. Paid sick leave ordinance.
9204. Construction.
ยง 9201. Scope.
This chapter relates to promoting healthy families and
workplaces by establishing parameters on employee paid sick
leave ordinances adopted by municipalities.
ยง 9202. Definitions.
2015/90BIL/SB0333A00579 - 1 -
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
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." As defined in section 3 of the Minimum Wage Act.
The term does not include an employee covered by a collective
bargaining agreement if the agreement expressly provides for:
(1) The wages, hours of work and working conditions of
employees.
(2) Paid sick leave or a paid leave or paid time off
policy that permits the use of sick leave for employees.
(3) Final and binding arbitration of disputes concerning
the application of the paid sick leave provisions of the
collective bargaining agreement.
"Employer." As defined in section 3 of the Minimum Wage Act.
"Family member." Any of the following:
(1) A child, stepchild or legal ward or a child to whom
the employee stands in loco parentis, notwithstanding the age
or dependency status of the child.
(2) A biological, adoptive or foster parent, stepparent
or legal guardian of an employee or the employee's spouse or
a person who stood in loco parentis when the employee was a
minor.
(3) A spouse or domestic partner.
(4) A grandparent.
(5) A grandchild.
(6) A sibling.
"Minimum Wage Act." The act of January 17, 1968 (P.L.11,
No.5), known as The Minimum Wage Act of 1968.
"Municipality." A city, borough, incorporated town or
township. The term includes a municipality operating under Part
III Subpt. E (relating to home rule and optional plan
government).
"Paid sick leave." Time that is compensated at the rate
provided under section 9203(b)(3) (relating to paid sick leave
ordinance) and is provided by an employer to an employee under
this chapter.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
ยง 9203. Paid sick leave ordinance.
(a) Authorization.--The governing body of a municipality may
enact a paid sick leave ordinance applicable to all employers
within the territorial limits of the municipality in accordance
with this chapter .
(b) Content.--An ordinance adopted pursuant to this chapter
shall:
(1) Require an employer to provide paid sick leave to an
employee for the following purposes:
(i) Diagnosis, care or treatment of an existing
health condition of, or preventive care for, an employee
or employee's family member.
(ii) Diagnosis, treatment, care, counseling or other
2015/90BIL/SB0333A00579 - 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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
assistance for a physical, mental or emotional injury
suffered by the employee or the employee's family member
due to an act of abuse as defined in 23 Pa.C.S. ยง 6102(a)
(relating to definitions) or sexual violence as defined
in 42 Pa.C.S. ยง 62A03 (relating to definitions).
(iii) A public health or public safety emergency
involving the employee or the employee's family member.
(2) Not require an employer to provide paid sick leave
to an employee until the day after the date the employee has
worked for the employer for at least 30 days within a year
from the commencement of employment.
(3) Permit an employee to accrue paid sick leave at the
rate of one hour per every 30 hours worked, beginning at the
commencement of employment. An employee who is exempt from
overtime requirements of section 5 of the Minimum Wage Act as
an administrative, executive or professional employee shall
be deemed to work 40 hours per workweek for the purposes of
this paragraph, unless the employee's normal workweek is less
than 40 hours, in which case the employee shall accrue paid
sick leave based upon the normal workweek.
(4) Limit an employee's use of paid sick leave to 56
hours or seven days in each year of employment.
(5) Prohibit an employee from using accrued paid sick
leave prior to 91 days of employment unless otherwise
approved by the employer, after which day the employee may
use paid sick leave as the paid sick leave is accrued.
(6) Provide that accrued paid sick leave shall carry
over to the following year of employment, except that an
employer may limit an employee's total accrual of paid sick
leave to 80 hours or 10 days annually.
(7) Authorize an employer to, at the employer's
discretion:
(i) Provide the full amount of paid sick leave to
the employee at the beginning of each year.
(ii) Lend paid sick leave to an employee in advance
of accrual with proper documentation.
(8) Provide that an employee:
(i) May determine the amount of paid sick leave the
employee needs to use, except that an employer may set a
reasonable minimum increment, not to exceed two hours,
for the use of paid sick leave.
(ii) Must provide reasonable advance written or
verbal notification to the employer if the need to use
paid sick leave is foreseeable. If the need to use paid
sick leave is unforeseeable, the employee must provide
written or verbal notice of the need for the leave to the
employer as soon as practicable.
(9) Provide that an employer:
(i) May not require, as a condition of using paid
sick leave, an employee to search for or find a
replacement worker to cover the hours or days during
2015/90BIL/SB0333A00579 - 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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
which the employee uses paid sick leave.
(ii) May require an employee to provide
documentation from the individual providing treatment or
care under paragraph (1) if the employee is absent for
three or more consecutive days.
(iii) Shall not be required to provide additional
paid sick leave under this section if the following
conditions are met:
(A) On the effective date of this section the
employer has a paid leave policy or paid time off
policy.
(B) The employer makes available an amount of
leave that may be used for the same purposes and
under the same conditions as specified in this
section.
(C) The policy does either of the following:
(I) Satisfies the accrual, carryover and use
requirements of this section.
(II) At the beginning of each calendar year,
provides an employee with no less than 56 hours
or seven days of paid sick leave, or equivalent
paid leave or paid time off. An employer may
prorate the amount of paid sick leave or
equivalent paid leave or paid time off provided
to an employee in the employee's first year of
employment based on the employee's date of hire.
(iv) Must provide each employee with written notice
that sets forth the amount of paid sick leave available
or paid time off leave an employer provides in lieu of
sick leave in the manner prescribed under this chapter.
The municipality may impose penalties on the employer for
failure to provide notice in accordance with this
subsection.
(v) Must display a poster, developed by the
municipality, in a conspicuous place within each
workplace of the employer, that states all of the
following:
(A) An employee is entitled to accrue, request
and use paid sick leave.
(B) The amount of sick leave provided for by the
ordinance .
(C) The terms of use of paid sick leave.
(D) That retaliation or discrimination against
an employee who requests paid sick leave or uses paid
sick leave, or both, is prohibited and that an
employee has the right under law to file a complaint
with the municipality against an employer who
retaliates or discriminates against the employee.
(10) Establish that the rate of pay for paid sick leave
shall be the greater of the minimum wage as set forth in
section 4 of the Minimum Wage Act or the employee's hourly
2015/90BIL/SB0333A00579 - 4 -
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
wage. If the employee in the 90 days of employment before
using accrued sick leave had different hourly pay rates, was
paid by commission or piece rate or was a nonexempt salaried
employee, the rate of pay shall be calculated by dividing the
employee's total wages, not including overtime premium pay,
by the employee's total hours worked in the full pay periods
of the prior 90 days of employment.
(11) Provide that an employer must provide payment for
sick leave used by an employee no later than the payday for
the next regular payroll period after the sick leave was
used.
(12) Provide that an employer is not required to provide
compensation to an employee for accrued, unused paid sick
leave upon termination, resignation, retirement or other
separation from employment, except that, if an employee
separates from an employer and is rehired by the employer
within one year from the date of separation, previously
accrued and unused paid sick leave must be reinstated. The
employee may use previously accrued and unused paid sick
leave and shall accrue additional paid sick leave upon being
rehired.
(13) Provide that an employer may not:
(i) Deny an employee the right to use accrued sick
leave.
(ii) Discharge, threaten to discharge, demote,
suspend, reduce the wages of or in any manner
discriminate against an employee for doing any of the
following:
(A) Using accrued sick leave or attempting to
exercise the right to use accrued sick leave.
(B) Filing a complaint or alleging a violation
of the ordinance .
(C) Cooperating in an investigation or
prosecution of an alleged violation of the ordinance .
(D) Opposing a policy or practice that is
prohibited under the ordinance .
(14) Establish a complaint procedure where an employee
may file with a designated agency or department of the
municipality a complaint against an employer for an alleged
violation of the ordinance. The designated agency or
department shall establish a process for investigating and
resolving a complaint.
(15) Prescribe penalties for an employer who willfully
violates the posting provisions of paragraph (9)(v) not to
exceed $250 for each offense, to be imposed by the
municipality .
(16) Provide that the municipality may order an employer
who is found to be in violation of this section to do all of
the following:
(i) Reinstate the employee with or without back pay.
(ii) Pay the employee the amount of sick leave
2015/90BIL/SB0333A00579 - 5 -
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
unlawfully withheld.
(iii) Pay the employee an additional sum in the form
of an administrative penalty. If paid sick leave was
unlawfully withheld, the administrative penalty shall be
an amount equal to the dollar amount of paid sick leave
unlawfully withheld multiplied by three, or $250,
whichever is greater, not to exceed $5,000. If the
violation of this section resulted in additional harm to
an employee, such as discharge from employment, or
otherwise results in a violation of the rights of the
employee, the administrative penalty shall include an
additional sum of $500 for each day or portion of a day
that the violation occurred or continued, not to exceed
$10,000.
(iv) Comply with any other additional relief deemed
appropriate.
(17) Authorize the employee to bring a civil action in a
court of competent jurisdiction against the employer or other
person violating this section and, upon prevailing, shall be
entitled to collect legal or equitable relief as may be
appropriate to remedy the violation, including:
(i) Reinstatement of the employee, with or without
back pay.
(ii) Payment of sick leave unlawfully withheld.
(iii) The payment of an additional sum, not to
exceed an aggregate penalty of $5,000, as liquidated
damages in the amount of $50 to each employee or person
whose rights under this section were violated for each
day or portion of a day that the violation occurred or
continued. In addition, if the employer has unlawfully
withheld paid sick days to an employee, the employer must
pay the dollar amount of paid sick days withheld from the
employee multiplied by three or $250, whichever amount is
greater.
(iv) Injunctive relief.
(v) Reasonable attorney fees and costs.
(18) Provide that an employer may not be assessed a
penalty or liquidated damages due to an isolated and
unintentional payroll error or written notice error that is a
clerical or an inadvertent mistake regarding the accrual or
available use of paid sick leave. In a review under this
subsection, consideration may be given to whether the
employer, prior to an alleged violation, has adopted and is
in compliance with a set of policies, procedures and
practices that fully comply with the ordinance .
(19) Provide that an employer or employee may appeal an
adverse decision under the ordinance to the court of common
pleas of the county in which the municipality is located.
ยง 9204. Construction.
This chapter:
(1) May not be construed to invalidate an ordinance or
2015/90BIL/SB0333A00579 - 6 -
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
other mandate enacted by a municipality prior to the
effective date of this section.
(2) May not be construed to discourage or prohibit an
employer from the adoption or retention of a paid sick leave
policy more generous than that contained in any ordinance
adopted by a municipality .
(3) Shall not preempt or otherwise apply to an ordinance
or mandate enacted by a municipality affecting vacation or
other forms of leave offered by employers within the
municipality.
(4) Shall not be construed to mandate a municipality to
adopt an ordinance applicable to employers within the
municipality relating to compensation, vacation or other
forms of leave from employment.
(5) Shall not limit or affect any Federal, State or
local law guaranteeing privacy of health information or
information related to domestic violence or sexual assault,
regarding an employee or employee's family member. The
information must be treated as confidential and may not be
disclosed to a person except the affected employee or as
required by law.
(6) Shall not relieve or lessen the obligation of an
employer to comply with an existing contract, collective
bargaining agreement, employment benefit plan or other
agreement providing more generous paid sick leave to an
employee than that required by an ordinance adopted by a
municipality .
(7) Shall not be construed to remove the subject matter
of this chapter from the scope of collective bargaining under
the act of June 1, 1937 (P.L.1168, No.294), known as the
Pennsylvania Labor Relations Act, the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, or
the act of July 23, 1970 (P.L.563, No.195), known as the
Public Employe Relations Act, or any other act related to
collective bargaining .
(8) Shall not preempt, limit or affect the applicability
of any other law, regulation, requirement, policy or standard
that provides for greater accrual or use of paid or unpaid
sick leave or that extends other protections to an employee.
(9) Shall be in addition to and independent of any other
right, remedy or procedure available under any other law and
shall not diminish, alter or negate any other legal right,
remedy or procedure available to an aggrieved person.
2015/90BIL/SB0333A00579 - 7 -
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
31
32
33
34
35
36
37
38
39
40
41
42
43