H1822B3503A05175 VDL:CMD 04/20/20 #90 A05175
AMENDMENTS TO HOUSE BILL NO. 1822
Sponsor: REPRESENTATIVE SAYLOR
Printer's No. 3503
Amend Bill, page 1, lines 1 and 2, by striking out ", as
amended,"
Amend Bill, page 2, line 3, by inserting after
"Commonwealth,""
providing for COVID-19 effect on employment; and,
Amend Bill, page 2, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding an article to read:
ARTICLE I-B
COVID-19 EFFECT ON EMPLOYMENT
Section 101-B. Scope of article.
This article relates to COVID-19 effect on employment.
Section 102-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
Section 103-B. Prohibition.
(a) General rule.--As a result of an individual's compliance
with an order of isolation or quarantine or with any other
control measure relating to COVID-19, the individual's employer
may not terminate, deprive, threaten or otherwise coerce the
individual with respect to the employment, a seniority position
or the benefits of the individual.
(b) Construction.--Nothing under subsection (a) shall be
construed to require the individual's employer to compensate the
individual for employment time lost because of any isolation or
quarantine relating to COVID-19.
Section 104-B. Violations.
(a) Penalty.--An employer violating the provisions of
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section 103-B shall be subject to the penalty provisions under
section 20 of the act of April 23, 1956 (1955 P.L.1510, No.500),
known as the Disease Prevention and Control Law of 1955.
(b) Civil action.--In addition to penalties under section 20
of the Disease Prevention and Control Law of 1955 and
notwithstanding any other provision of law, if an employer
violates section 103-B, the individual may bring a civil action
for recovery of wages and benefits lost as a result of the
violation and for an order requiring the reinstatement of the
individual. Damages recoverable may not exceed wages and
benefits actually lost. If the individual prevails, the
individual shall be allowed reasonable attorney fees fixed by
the court.
Section 2. The definition of "municipality" in section 1602-
D of the act is amended to read:
Amend Bill, page 2, line 18, by striking out "2" and
inserting
3
Amend Bill, page 4, line 20, by striking out "3" and
inserting
4
Amend Bill, page 4, line 20, by striking out "in 60 days" and
inserting
immediately
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